[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2016 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 50

Wildlife and Fisheries


________________________

Parts 600 to 659

                         Revised as of October 1, 2016

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2016
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................     935
      Alphabetical List of Agencies Appearing in the CFR......     955
      List of CFR Sections Affected...........................     965

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 600.5 refers 
                       to title 50, part 600, 
                       section 5.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2016), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
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    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
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INQUIRIES

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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    October 1, 2016.







[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of eleven volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to end of 
17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h)), part 
17 (17.99(i) to end of part 17), parts 18-199, parts 200-599, parts 600-
659, and part 660 to end. The first eight volumes consist of parts 1-16, 
part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to end 
of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h), part 
17 (17.99(i) to end of part 17), and parts 18-199 and contain the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The ninth volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The tenth and 
eleventh volumes (parts 600-659 and part 660 to end) contain the current 
regulations issued under chapter VI--Fishery Conservation and 
Management, National Oceanic and Atmospheric Administration, Department 
of Commerce. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of October 1, 2016.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
John Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 600 to 659)

  --------------------------------------------------------------------
                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         600

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 CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter VI appear at 69 FR 
53361, 53362, Sept. 1, 2004.
Part                                                                Page
600             Magnuson-Stevens Act provisions.............           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................         227
635             Atlantic highly migratory species...........         440
644             [Reserved]

648             Fisheries of the Northeastern United States.         533
655-659         [Reserved]

[[Page 5]]



PART 600_MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents



                            Subpart A_General

Sec.
600.5 Purpose and scope.
600.10 Definitions.
600.15 Other acronyms.

             Subpart B_Regional Fishery Management Councils

600.105 Intercouncil boundaries.
600.110 Intercouncil fisheries.
600.115 Statement of organization, practices, and procedures (SOPP).
600.117 Council coordination committee (CCC).
600.120 Employment practices.
600.125 Budgeting, funding, and accounting.
600.130 Protection of confidentiality of statistics.
600.133 Scientific and Statistical Committee (SSC).
600.134 Stipends.
600.135 Meeting procedures.
600.140 Procedure for proposed regulations.
600.150 Disposition of records.
600.155 Freedom of Information Act (FOIA) requests.

                      Subpart C_Council Membership

600.205 Principal state officials and their designees.
600.207 Pacific Fishery Management Council Tribal Indian representative 
          and alternate.
600.210 Terms of Council members.
600.215 Council nomination and appointment procedures.
600.220 Oath of office.
600.225 Rules of conduct.
600.227 Lobbying.
600.230 Removal.
600.235 Financial disclosure.
600.240 Security assurances.
600.245 Council member compensation.
600.250 Council member training.

                      Subpart D_National Standards

600.305 General.
600.310 National Standard 1--Optimum Yield.
600.315 National Standard 2--Scientific Information.
600.320 National Standard 3--Management Units.
600.325 National Standard 4--Allocations.
600.330 National Standard 5--Efficiency.
600.335 National Standard 6--Variations and Contingencies.
600.340 National Standard 7--Costs and Benefits.
600.345 National Standard 8--Communities.
600.350 National Standard 9--Bycatch.
600.355 National Standard 10--Safety of Life at Sea.

                 Subpart E_Confidentiality of Statistics

600.405 Types of statistics covered.
600.410 Collection and maintenance of statistics.
600.415 Access to statistics.
600.420 Control system.
600.425 Release of statistics.

                        Subpart F_Foreign Fishing

600.501 Vessel permits.
600.502 Vessel reports.
600.503 Vessel and gear identification.
600.504 Facilitation of enforcement.
600.505 Prohibitions.
600.506 Observers.
600.507 Recordkeeping.
600.508 Fishing operations.
600.509 Prohibited species.
600.510 Gear avoidance and disposal.
600.511 Fishery closure procedures.
600.512 Scientific research.
600.513 Recreational fishing.
600.514 Relation to other laws.
600.515 Interpretation of 16 U.S.C. 1857(4).
600.516 Total allowable level of foreign fishing (TALFF).
600.517 Allocations.
600.518 Fee schedule for foreign fishing.
600.520 Northwest Atlantic Ocean fishery.
600.525 Applicability of Subpart F to Canadian Albacore Fishing Vessels 
          off the West Coast.
600.530 Pacific albacore fishery.

      Subpart G_Preemption of State Authority Under Section 306(b)

600.605 General policy.
600.610 Factual findings for Federal preemption.
600.615 Commencement of proceedings.
600.620 Rules pertaining to the hearing.
600.625 Secretary's decision.
600.630 Application for reinstatement of state authority.

           Subpart H_General Provisions for Domestic Fisheries

600.705 Relation to other laws.
600.710 Permits.
600.715 Recordkeeping and reporting.
600.720 Vessel and gear identification.
600.725 General prohibitions.
600.730 Facilitation of enforcement.
600.735 Penalties.
600.740 Enforcement policy.
600.745 Scientific research activity, exempted fishing, and exempted 
          educational activity.
600.746 Observers.

[[Page 6]]

600.747 Guidelines and procedures for determining new fisheries and 
          gear.

                  Subpart I_Fishery Negotiation Panels

600.750 Definitions.
600.751 Determination of need for a fishery negotiation panel.
600.752 Use of conveners and facilitators.
600.753 Notice of intent to establish a fishery negotiation panel.
600.754 Decision to establish a fishery negotiation panel.
600.755 Establishment of a fishery negotiation panel.
600.756 Conduct and operation of a fishery negotiation panel.
600.757 Operational protocols.
600.758 Preparation of report.
600.759 Use of report.
600.760 Fishery Negotiation Panel lifetime.

                 Subpart J_Essential Fish Habitat (EFH)

600.805 Purpose and scope.
600.810 Definitions and word usage.
600.815 Contents of Fishery Management Plans.

      Subpart K_EFH Coordination, Consultation, and Recommendations

600.905 Purpose, scope, and NMFS/Council cooperation.
600.910 Definitions and word usage.
600.915 Coordination for the conservation and enhancement of EFH.
600.920 Federal agency consultation with the Secretary.
600.925 NMFS EFH Conservation Recommendations to Federal and state 
          agencies.
600.930 Council comments and recommendations to Federal and state 
          agencies.

             Subpart L_Fishing Capacity Reduction Framework

600.1000 Definitions.
600.1001 Requests.
600.1002 General requirements.
600.1003 Content of a request for a financed program.
600.1004 Accepting a request for, and determinations about initiating, a 
          financed program.
600.1005 Content of a request for a subsidized program.
600.1006 Accepting a request for, and determinations about conducting, a 
          subsidized program.
600.1007 Reduction amendments.
600.1008 Implementation plan and implementation regulations.
600.1009 Bids.
600.1010 Referenda.
600.1011 Reduction methods and other conditions.
600.1012 Reduction loan.
600.1013 Fee payment and collection.
600.1014 Fee collection deposits, disbursements, records, and reports.
600.1015 Late charges.
600.1016 Enforcement.
600.1017 Prohibitions and penalties.

    Subpart M_Specific Fishery or Program Fishing Capacity Reduction 
                               Regulations

600.1100 General. [Reserved]
600.1101 Inshore fee system for repayment of the loan to harvesters of 
          Pollock from the directed fishing allowance allocated to the 
          inshore component under section 206(b)(1) of the AFA.
600.1102 Pacific Coast groundfish fee.
600.1103 Bering Sea and Aleutian Islands (BSAI) Crab species program.
600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment 
          and collection system.
600.1105 Longline catcher processor subsector of the Bering Sea and 
          Aleutian Islands (BSAI) non-pollock groundfish fishery 
          program.
600.1106 Longline catcher processor subsector Bering Sea and Aleutian 
          Islands (BSAI) non-pollock groundfish species fee payment and 
          collection system.
600.1107 Southeast Alaska Purse Seine Salmon Fishery capacity reduction 
          program, including fee payment and collection system.
600.1108 Longline catcher processor subsector of the Bering Sea and 
          Aleutian Islands (BSAI) non-pollock groundfish fishery 
          program.

      Subpart N_Shark Fin Removal, Possession, Transfer and Landing

600.1200 Purpose and scope.
600.1201 Relation to other laws.
600.1202 Definitions.
600.1203 Prohibitions.

               Subpart O_Limited Access Privilege Programs

600.1300-600.1309 [Reserved]
600.1310 New England and Gulf of Mexico Individual Fishing Quota 
          Referenda.

      Subpart P_Marine Recreational Fisheries of the United States

600.1400 Definitions.
600.1405 Angler registration.
600.1410 Registry process.
600.1415 Procedures for designating exempted states-general provisions.
600.1416 Requirements for exempted state designation based on submission 
          of state license holder data.

[[Page 7]]

600.1417 Requirements for exempted state designation based on submission 
          of recreational survey data.

            Subpart Q_Vessel Monitoring System Type-Approval

600.1500 Definitions and acronyms.
600.1501 Vessel Monitoring System type-approval process.
600.1502 Communications functionality.
600.1503 Position report data formats and transmission.
600.1504 Latency requirement.
600.1505 Messaging.
600.1506 Electronic forms.
600.1507 Communications security.
600.1508 Customer service.
600.1509 General.
600.1510 Notification of type-approval.
600.1511 Changes or modifications to type-approvals.
600.1512 Vessel Monitoring System type-approval period.
600.1513 Type-approval renewal.
600.1514 Type-approval revocation process.
600.1515 Type-approval revocation appeals process.
600.1516 Revocation effective date and notification to vessel owners.
600.1517 Litigation support.
600.1518 Reimbursement opportunities for revoked Vessel Monitoring 
          System type-approval products.

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    Source: 61 FR 32540, June 24, 1996, unless otherwise noted.



                            Subpart A_General



Sec. 600.5  Purpose and scope.

    (a) This part contains general provisions governing the operation of 
the eight Regional Fishery Management Councils established by the 
Magnuson-Stevens Act and describes the Secretary's role and 
responsibilities under the Act. The Councils are institutions created by 
Federal law and must conform to the uniform standards established by the 
Secretary in this part.
    (b) This part also governs all foreign fishing under the Magnuson-
Stevens Act, prescribes procedures for the conduct of preemption 
hearings under section 306(b) of the Magnuson-Stevens Act, and collects 
the general provisions common to all domestic fisheries governed by this 
chapter.
    (c) This part also governs fishing capacity reduction programs under 
the Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 
FR 31443, May 18, 2000]



Sec. 600.10  Definitions.

    Unless defined otherwise in other parts of Chapter VI, the terms in 
this chapter have the following meanings:
    Administrator means the Administrator of NOAA (Under Secretary of 
Commerce for Oceans and Atmosphere) or a designee.
    Advisory group means a Scientific and Statistical Committee (SSC), 
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) 
established by a Council under the Magnuson-Stevens Act.
    Advisory panel (AP) means a committee formed, selected, and formally 
designated as a Magnuson-Stevens Act Section 302(g)(2) advisory panel by 
the Council's Statement of organization, practices, and procedures 
(SOPP), or by a formal charge to the committee made by the chair and 
recorded in the Council's minutes, to assist it in carrying out its 
functions. An AP may include individuals who are not members of the 
Council.
    Agent, for the purpose of foreign fishing (subpart F), means a 
person appointed and maintained within the United States who is 
authorized to receive and respond to any legal process issued in the 
United States to an owner and/or operator of a vessel operating under a 
permit and of any other vessel of that Nation fishing subject to the 
jurisdiction of the United States. Any diplomatic official accepting 
such an appointment as designated agent waives diplomatic or other 
immunity in connection with such process.
    Aggregate or summary form means confidential data structured in such 
a way that the identity of the submitter cannot be determined either 
from the present release of the data or in combination with other 
releases.
    Albacore means the species Thunnus alalunga, or a part thereof.
    Allocated species means any species or species group allocated to a 
foreign nation under Sec. 600.517 for catching by vessels of that 
Nation.

[[Page 8]]

    Allocation means direct and deliberate distribution of the 
opportunity to participate in a fishery among identifiable, discrete 
user groups or individuals.
    Allowable chemical means a substance, generally used to immobilize 
marine life so it can be captured alive, that, when introduced into the 
water, does not take Gulf and South Atlantic prohibited coral (as 
defined at 50 CFR 622.2) and is allowed by Florida or Hawaii or the U.S. 
Pacific Insular Area for the harvest of tropical fish.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Angling means fishing for, attempting to fish for, catching or 
attempting to catch fish by any person (angler) with a hook attached to 
a line that is hand-held or by rod and reel made for this purpose.
    Area of custody means any vessel, building, vehicle, live car, 
pound, pier or dock facility where fish might be found.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Atlantic tunas means bluefin, albacore, bigeye, skipjack, and 
yellowfin tunas found in the Atlantic Ocean.
    Atlantic Tunas Convention Act means the Atlantic Tunas Convention 
Act of 1975, 16 U.S.C. 971-971h.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson-Stevens 
Act or any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of any person described in paragraph (1) of this definition.
    Authorized species means any species or species group that a foreign 
vessel is authorized to retain in a joint venture by a permit issued 
under Activity Code 4 as described by Sec. 600.501(c).
    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
    Bandit gear means vertical hook and line gear with rods that are 
attached to the vessel when in use. Lines are retrieved by manual, 
electric, or hydraulic reels.
    Barrier net means a small-mesh net used to capture coral reef or 
coastal pelagic fishes.
    Bigeye tuna means the species Thunnus obesus, or a part thereof.
    Billfish means Atlantic billfish (blue marlin, white marlin, 
sailfish, longbill spearfish, or roundscale spearfish).
    Bluefin tuna means the species Thunnus thynnus, or a part thereof.
    Blue marlin means the species Makaira nigricans, or a part thereof.
    Bully net means a circular frame attached at right angles to a pole 
and supporting a conical bag of webbing.
    Buoy gear means fishing gear consisting of a float and one or more 
lines suspended therefrom. A hook or hooks are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carcass means a fish in whole condition or that portion of a fish 
that has been gilled and/or gutted and the head and some or all fins 
have been removed, but that is otherwise in whole condition.
    Cast net means a circular net with weights attached to the 
perimeter.
    Catch limit means the total allowable harvest or take from a single 
fishing trip or day, as defined in this section.
    Catch, take, or harvest includes, but is not limited to, any 
activity that results in killing any fish or bringing any live fish on 
board a vessel.
    Center means one of the five NMFS Fisheries Science Centers.
    Charter boat means a vessel less than 100 gross tons (90.8 mt) that 
meets the requirements of the U.S. Coast Guard to carry six or fewer 
passengers for hire.
    Coast Guard Commander means one of the commanding officers of the 
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.

[[Page 9]]

    Codend means the terminal, closed end of a trawl net.
    Compensation fishing means fishing conducted for the purpose of 
recovering costs associated with resource surveys and scientific studies 
that support the management of a fishery, or to provide incentive for 
participation in such studies. Compensation fishing may include fishing 
during or subsequent to such surveys or studies.
    Confidential statistics are those submitted as a requirement of an 
FMP and that reveal the business or identity of the submitter.
    Conservation engineering means the development and assessment of 
fishing technologies and fishing techniques designed to conserve target 
and non-target species, and may include the study of fish behavior and 
the development and testing of new gear technologies and fishing 
techniques to minimize bycatch and any adverse effects on essential fish 
habitat and promote efficient harvest of target species. Conservation 
engineering may include the assessment of existing fishing technologies 
applied in novel ways. An example would be assessing the ability of a 
bycatch reduction device (BRD), designed and proven in one fishery, to 
reduce bycatch in another fishery. Conservation engineering meeting the 
definition of scientific research activity is not fishing.
    Continental shelf fishery resources means the species listed under 
section 3(7) of the Magnuson-Stevens Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson-Stevens Act.
    Data, statistics, and information are used interchangeably.
    Dealer means the person who first receives fish by way of purchase, 
barter, or trade.
    Designated representative means the person appointed by a foreign 
nation and maintained within the United States who is responsible for 
transmitting information to and submitting reports from vessels of that 
Nation and establishing observer transfer arrangements for vessels in 
both directed and joint venture activities.
    Dip net means a small mesh bag, sometimes attached to a handle, 
shaped and framed in various ways. It is operated by hand or partially 
by mechanical power to capture the fish.
    Directed fishing, for the purpose of foreign fishing (subpart F), 
means any fishing by the vessels of a foreign nation for allocations of 
fish granted that Nation under Sec. 600.517.
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.
    Discard means to release or return fish to the sea, whether or not 
such fish are brought fully on board a fishing vessel.
    Dredge means a gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Drop net means a small, usually circular net with weight around the 
perimeter and a float in the center.
    Essential fish habitat (EFH) means those waters and substrate 
necessary to fish for spawning, breeding, feeding, or growth to 
maturity. For the purpose of interpreting the definition of essential 
fish habitat: ``Waters'' include aquatic areas and their associated 
physical, chemical, and biological properties that are used by fish and 
may include aquatic areas historically used by fish where appropriate; 
``substrate'' includes sediment, hard bottom, structures underlying the 
waters, and associated biological communities; ``necessary'' means the 
habitat required to support a sustainable fishery and the managed 
species' contribution to a healthy ecosystem; and ``spawning, breeding, 
feeding, or growth to maturity'' covers a species' full life cycle.
    Exclusive economic zone (EEZ) means the zone established by 
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and 
is that area adjacent to the United States which, except where modified 
to accommodate international boundaries, encompasses all waters from the 
seaward boundary of each of the coastal states to a line on which each 
point is 200 nautical miles (370.40 km) from the baseline from which the 
territorial sea of the United States is measured.
    Exempted educational activity means an activity that would otherwise 
be considered fishing, conducted by an educational institution 
accredited by a recognized national or international

[[Page 10]]

accreditation body, of limited scope and duration, that is otherwise 
prohibited by this chapter VI, but that is authorized by the appropriate 
Regional Administrator or Director for educational purposes, i.e., the 
instruction of an individual or group, and authorized capture of only 
the amount of fish necessary to demonstrate the lesson.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by this 
chapter VI, but that are authorized under an exempted fishing permit 
(EFP). The regulations in Sec. 600.745 refer exclusively to exempted 
fishing. References elsewhere in this chapter to experimental fishing 
mean exempted fishing under this part.
    Fillet means to remove slices of fish flesh from the carcass by cuts 
made parallel to the backbone.
    Fish means:
    (1) When used as a noun, means any finfish, mollusk, crustacean, or 
parts thereof, and all other forms of marine animal and plant life other 
than marine mammals and birds.
    (2) When used as a verb, means to engage in ``fishing,'' as defined 
below.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographic, scientific, technical, recreational, or economic 
characteristics, or method of catch; or
    (2) Any fishing for such stocks.
    Fishery management unit (FMU) means a fishery or that portion of a 
fishery identified in an FMP relevant to the FMP's management 
objectives. The choice of an FMU depends on the focus of the FMP's 
objectives, and may be organized around biological, geographic, 
economic, technical, social, or ecological perspectives.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing, or to fish means any activity, other than scientific 
research conducted by a scientific research vessel, that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing industry advisory committee (FIAC) means an advisory group 
formed and selected by a regional fishery management council under the 
authority of the Magnuson-Stevens Act section 302(g)(3)(A) and formally 
designated in the Council's SOPP or by a formal charge to the FIAC made 
by the chair and recorded in the Council's minutes. A FIAC is not an 
``advisory panel'' as defined under this section.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for:
    (1) Fishing; or
    (2) Aiding or assisting one or more vessels at sea in the 
performance of any activity relating to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, transportation, 
or processing.
    Fish weir means a large catching arrangement with a collecting 
chamber that is made of non-textile material (wood, wicker) instead of 
netting as in a pound net.
    Foreign fishing means fishing by a foreign fishing vessel.
    Foreign fishing vessel (FFV) means any fishing vessel other than a 
vessel of the United States, except those foreign vessels engaged in 
recreational fishing, as defined in this section.
    Gear conflict means any incident at sea involving one or more 
fishing vessels:
    (1) In which one fishing vessel or its gear comes into contact with 
another vessel or the gear of another vessel; and
    (2) That results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.
    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.

[[Page 11]]

    Governing International Fishery Agreement (GIFA) means an agreement 
between the United States and a foreign nation or Nations under section 
201(c) of the Magnuson-Stevens Act.
    Grants Officer means the NOAA official authorized to sign, on behalf 
of the Government, the cooperative agreement providing funds to support 
the Council's operations and functions.
    Greenwich mean time (GMT) means the local mean time at Greenwich, 
England. All times in this part are GMT unless otherwise specified.
    Handgear means handline, harpoon, or rod and reel.
    Hand harvest means harvesting by hand.
    Handline means fishing gear that is set and pulled by hand and 
consists of one vertical line to which may be attached leader lines with 
hooks.
    Harass means to unreasonably interfere with an individual's work 
performance, or to engage in conduct that creates an intimidating, 
hostile, or offensive environment.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floatation device. 
Harpoon gear is attached to a pole or stick that is propelled only by 
hand, and not by mechanical means.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the U.S. Coast Guard to carry passengers for hire.
    Hook and line means one or more hooks attached to one or more lines 
(can include a troll).
    Hoop net means a cone-shaped or flat net which may or may not have 
throats and flues stretched over a series of rings or hoops for support.
    Industry means both recreational and commercial fishing, and 
includes the harvesting, processing, and marketing sectors.
    International radio call sign (IRCS) means the unique radio 
identifier assigned a vessel by the appropriate authority of the flag 
state.
    Joint venture means any operation by a foreign vessel assisting 
fishing by U.S. fishing vessels, including catching, scouting, 
processing and/or support. (A joint venture generally entails a foreign 
vessel processing fish received from U.S. fishing vessels and conducting 
associated support activities.)
    Lampara net means a surround net with the sections of netting made 
and joined to create bagging. It is hauled with purse rings and is 
generally much smaller in size than a purse seine net.
    Land means to begin offloading fish, to offload fish, or to arrive 
in port or at a dock, berth, beach, seawall, or ramp.
    Limited access system means a system that limits participation in a 
fishery to those satisfying certain eligibility criteria or requirements 
contained in a fishery management plan or associated regulation.
    Longbill spearfish means the species Tetrapturus pfluegeri, or a 
part thereof.
    Longline means a line that is deployed horizontally and to which 
gangions and hooks or pots are attached. Longlines can be stationary, 
anchored, or buoyed lines that may be hauled manually, electrically, or 
hydraulically.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known 
as the Magnuson Act.
    Metric ton (mt) means 1,000 kg (2,204.6 lb).
    nm means nautical mile (6,076 ft (1,852 m)).
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or by the USCG for an 
undocumented vessel.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Optimum yield (OY) means the amount of fish that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding to 
a level

[[Page 12]]

consistent with producing the maximum sustainable yield in such fishery.
    Owner, with respect to any vessel, means:
    (1) Any person who owns that vessel in whole or in part;
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including, 
but not limited to, parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in paragraph 
(1), (2), or (3) of this definition.
    Pelagic longline means a longline that is suspended by floats in the 
water column and that is not fixed to or in contact with the ocean 
bottom.
    Plan Team means a Council working group selected from agencies, 
institutions, and organizations having a role in the research and/or 
management of fisheries, whose primary purpose is to assist the Council 
in the preparation and/or review of FMPs, amendments, and supporting 
documents for the Council, and/or SSC and AP.
    Postmark means independently verifiable evidence of the date of 
mailing, such as a U.S. Postal Service postmark, or other private 
carrier postmark, certified mail receipt, overnight mail receipt, or a 
receipt issued upon hand delivery to a representative of NMFS authorized 
to collect fishery statistics.
    Pot means trap.
    Powerhead means any device with an explosive charge, usually 
attached to a spear gun, spear, pole, or stick, that may or may not fire 
a projectile upon contact.
    Predominately means, with respect to fishing in a fishery, that more 
fishing on a stock or stocks of fish covered by the FMP occurs, or would 
occur in the absence of regulations, within or beyond the EEZ than 
occurs in the aggregate within the boundaries of all states off the 
coasts of which the fishery is conducted.
    Processing, for the purpose of foreign fishing (subpart F), means 
any operation by an FFV to receive fish from foreign or U.S. fishing 
vessels and/or the preparation of fish, including, but not limited to, 
cleaning, cooking, canning, smoking, salting, drying, or freezing, 
either on the FFV's behalf or to assist other foreign or U.S. fishing 
vessels.
    Product recovery rate (PRR) means a ratio expressed as a percentage 
of the weight of processed product divided by the round weight of fish 
used to produce that amount of product.
    Prohibited species, with respect to a foreign vessel, means any 
species of fish that that vessel is not specifically allocated or 
authorized to retain, including fish caught or received in excess of any 
allocation or authorization.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Purse seine means a floated and weighted encircling net that is 
closed by means of a drawstring threaded through rings attached to the 
bottom of the net.
    Recreational fishing, with respect to a foreign vessel, means any 
fishing from a foreign vessel not operated for profit and not operated 
for the purpose of scientific research. It may not involve the sale, 
barter, or trade of part or all of the catch (see Sec. 600.513).
    Retain on board means to fail to return fish to the sea after a 
reasonable opportunity to sort the catch.
    Region means one of six NMFS Regional Offices responsible for 
administering the management and development of marine resources of the 
United States in their respective geographical regions.
    Regional Administrator means the Administrator of one of the six 
NMFS Regions described in Table 1 to Sec. 600.502, or a designee.
    Regional Program Officer means the NMFS official designated in the 
terms and conditions of the grant award responsible for monitoring, 
recommending, and reviewing any technical aspects of the application for 
Federal assistance and the award.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Round means a whole fish--one that has not been gilled, gutted, 
beheaded, or definned.

[[Page 13]]

    Roundscale spearfish means the species Tetrapturus georgii, or a 
part thereof.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Sailfish means the species Istiophorus platypterus, or a part 
thereof.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (also referred to as ``Center 
Director'') means the Director of one of the six NMFS Fisheries Science 
Centers described in Table 1 to Sec. 600.502, or a designee.
    Scientific cruise means the period of time during which a scientific 
research vessel is operated in furtherance of a scientific research 
project, beginning when the vessel leaves port to undertake the project 
and ending when the vessel completes the project as provided for in the 
applicable scientific research plan.
    Scientific research activity is, for the purposes of this part, an 
activity in furtherance of a scientific fishery investigation or study 
that would meet the definition of fishing under the Magnuson-Stevens 
Act, but for the exemption applicable to scientific research activity 
conducted from a scientific research vessel. Scientific research 
activity includes, but is not limited to, sampling, collecting, 
observing, or surveying the fish or fishery resources within the EEZ, at 
sea, on board scientific research vessels, to increase scientific 
knowledge of the fishery resources or their environment, and to test a 
hypothesis as part of a planned, directed investigation or study 
conducted according to methodologies generally accepted as appropriate 
for scientific research. At-sea scientific fishery investigations 
address one or more topics involving taxonomy, biology, physiology, 
behavior, disease, aging, growth, mortality, migration, recruitment, 
distribution, abundance, ecology, stock structure, bycatch or other 
collateral effects of fishing, conservation engineering, and catch 
estimation of fish species considered to be a component of the fishery 
resources within the EEZ. Scientific research activity does not include 
the collection and retention of fish outside the scope of the applicable 
research plan, or the testing of fishing gear. Data collection designed 
to capture and land quantities of fish for product development, market 
research, and/or public display are not scientific research activities. 
For foreign vessels, such data collection activities are considered 
scientific research if they are carried out in full cooperation with the 
United States.
    Scientific research plan means a detailed, written formulation, 
prepared in advance of the research, for the accomplishment of a 
scientific research project. At a minimum, a sound scientific research 
plan should include:
    (1) A description of the nature and objectives of the project, 
including the hypothesis or hypotheses to be tested.
    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class of any vessel(s) to be 
used, and a description of sampling equipment.
    (3) The geographical area(s) in which the project is to be 
conducted.
    (4) The expected date of first appearance and final departure of the 
research vessel(s) to be employed, and deployment and removal of 
equipment, as appropriate.
    (5) The expected quantity and species of fish to be taken and their 
intended disposition, and, if significant amounts of a managed species 
or species otherwise restricted by size or sex are needed, an 
explanation of such need.
    (6) The name, address, and telephone/telex/fax number of the 
sponsoring organization and its director.
    (7) The name, address, and telephone/telex/fax number, and 
curriculum vitae of the person in charge of the project and, where 
different, the person in charge of the research project on board the 
vessel.
    (8) The identity of any vessel(s) to be used including, but not 
limited to, the vessel's name, official documentation number and IRCS, 
home port, and name, address, and telephone number of the owner and 
master.
    Scientific research vessel means a vessel owned or chartered by, and 
controlled by, a foreign government agency, U.S. Government agency 
(including NOAA or institutions designated as

[[Page 14]]

federally funded research and development centers), U.S. state or 
territorial agency, university (or other educational institution 
accredited by a recognized national or international accreditation 
body), international treaty organization, or scientific institution. In 
order for a domestic commercial fishing vessel to meet this definition, 
it must be under the control of a qualifying agency or institution, and 
operate in accordance with a scientific research plan, for the duration 
of the scientific research activity. In order for a vessel that is owned 
or chartered and controlled by a foreign government to meet this 
definition, the vessel must have scientific research as its exclusive 
mission during the scientific activity in question, and the vessel 
operations must be conducted in accordance with a scientific research 
plan.
    Scouting means any operation by a vessel exploring (on the behalf of 
an FFV or U.S. fishing vessel) for the presence of fish by visual, 
acoustic, or other means that do not involve the catching of fish.
    Secretary means the Secretary of Commerce or a designee.
    Seine means a net with long narrow wings, that is rigged with floats 
and weights.
    Skipjack tuna means the species Katsuwonus pelamis, or a part 
thereof.
    Slurp gun means a tube-shaped suction device that operates somewhat 
like a syringe by sucking up the fish.
    Snare means a device consisting of a pole to which is attached a 
line forming at its end a loop with a running knot that tightens around 
the fish when the line is pulled.
    Spear means a sharp, pointed, or barbed instrument on a shaft. 
Spears can be operated manually or shot from a gun or sling.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Northern Mariana Islands, and any other Commonwealth, 
territory, or possession of the United States.
    State employee means any employee of the state agency responsible 
for developing and monitoring the state's program for marine and/or 
anadromous fisheries.
    Statement of Organization, Practices, and Procedures (SOPP) means a 
statement by each Council describing its organization, practices, and 
procedures as required under section 302(f)(6) of the Magnuson-Stevens 
Act.
    Stock assessment means the process of collecting and analyzing 
biological and statistical information to determine the changes in the 
abundance of fishery stocks in response to fishing, and, to the extent 
possible, to predict future trends of stock abundance. Stock assessments 
are based on resource surveys; knowledge of the habitat requirements, 
life history, and behavior of the species; the use of environmental 
indices to determine impacts on stocks; and catch statistics. Stock 
assessments are used as a basis to ``assess and specify the present and 
probable future condition of a fishery'' (as is required by the 
Magnuson-Stevens Act), and are summarized in the Stock Assessment and 
Fishery Evaluation or similar document.
    Stock Assessment and Fishery Evaluation (SAFE) means a document or 
set of documents that provides Councils with a summary of the most 
recent biological condition of species in an FMU, and the social and 
economic condition of the recreational and commercial fishing industries 
and the fish processing industries. It summarizes, on a periodic basis, 
the best available scientific information concerning the past, present, 
and possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Submersible means a manned or unmanned device that functions or 
operates primarily underwater and is used to harvest fish, i.e., 
precious corals, with mechanical arms.
    Substantially (affects) means, for the purpose of subpart G, with 
respect to whether a state's action or omission will substantially 
affect the carrying out of an FMP for a fishery, that those effects are 
important or material, or considerable in degree. The effects of a 
state's action or omission for purposes of this definition include 
effects upon:
    (1) The achievement of the FMP's goals or objectives for the 
fishery;
    (2) The achievement of OY from the fishery on a continuing basis;

[[Page 15]]

    (3) The attainment of the national standards for fishery 
conservation and management (as set forth in section 301(a) of the 
Magnuson-Stevens Act) and compliance with other applicable law; or
    (4) The enforcement of regulations implementing the FMP.
    Support means any operation by a vessel assisting fishing by foreign 
or U.S. vessels, including supplying water, fuel, provisions, fish 
processing equipment, or other supplies to a fishing vessel.
    Swordfish means the species Xiphias gladius, or a part thereof.
    Tangle net dredge means dredge gear consisting of weights and flimsy 
netting that hangs loosely in order to immediately entangle fish.
    Total length (TL) means the straight-line distance from the tip of 
the snout to the tip of the tail (caudal fin) while the fish is lying on 
its side, normally extended.
    Trammel net means a net consisting of two or more panels of netting, 
suspended vertically in the water column by a common float line and a 
common weight line. One panel of netting has a larger mesh size than the 
other(s) in order to entrap fish in a pocket.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trap means a portable, enclosed device with one or more gates or 
entrances and one or more lines attached to surface floats. Also called 
a pot.
    Trawl means a cone or funnel-shaped net that is towed through the 
water, and can include a pair trawl that is towed simultaneously by two 
boats.
    Trip means the time period that begins when a fishing vessel departs 
from a dock, berth, beach, seawall, ramp, or port to carry out fishing 
operations and that terminates with a return to a dock, berth, beach, 
seawall, ramp, or port.
    U.S. observer or observer means any person serving in the capacity 
of an observer employed by NMFS, either directly or under contract, or 
certified as a supplementary observer by NMFS.
    Vessel of the United States or U.S. vessel means:
    (1) Any vessel documented under chapter 121 of title 46, United 
States Code;
    (2) Any vessel numbered under chapter 123 of title 46, United States 
Code, and measuring less than 5 net tons;
    (3) Any vessel numbered under chapter 123 of title 46, United States 
Code, and used exclusively for pleasure; or
    (4) Any vessel not equipped with propulsion machinery of any kind 
and used exclusively for pleasure.
    White Marlin means the species Kajikia albidus, or a part thereof.
    Yellowfin tuna means the species Thunnus albacares, or a part 
thereof.

[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 
62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, 
Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 
FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 
2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009; 75 FR 
59149, Sept. 27, 2010; 75 FR 57701, Sept. 22, 2010]



Sec. 600.15  Other acronyms.

    (a) Fishery management terms. (1) ABC--acceptable biological catch
    (2) ATCA-Atlantic Tunas Convention Act
    (3) BFT (Atlantic bluefin tuna) means the subspecies of bluefin 
tuna, Thunnus thynnus thynnus, or a part thereof, that occurs in the 
Atlantic Ocean.
    (4) BSD means the ICCAT bluefin tuna statistical document.
    (5) CCC-Council coordination committee
    (6) DAH--estimated domestic annual harvest
    (7) DAP--estimated domestic annual processing
    (8) EIS--environmental impact statement
    (9) EY--equilibrium yield
    (10) FIAC-Fishing industry advisory committee
    (11) FMP--fishery management plan
    (12) ICCAT means the International Commission for the Conservation 
of Atlantic Tunas.
    (13) JVP--joint venture processing
    (14) MSY--maximum sustainable yield
    (15) PMP--preliminary FMP
    (16) TAC--total allowable catch
    (17) TALFF--total allowable level of foreign fishing

[[Page 16]]

    (b) Legislation. (1) APA--Administrative Procedure Act
    (2) CZMA--Coastal Zone Management Act
    (3) ESA--Endangered Species Act
    (4) FACA--Federal Advisory Committee Act
    (5) FOIA--Freedom of Information Act
    (6) FLSA--Fair Labor Standards Act
    (7) MMPA--Marine Mammal Protection Act
    (8) MPRSA--Marine Protection, Research, and Sanctuaries Act
    (9) NEPA--National Environmental Policy Act
    (10) PA--Privacy Act
    (11) PRA--Paperwork Reduction Act
    (12) RFA--Regulatory Flexibility Act
    (c) Federal agencies. (1) CEQ--Council on Environmental Quality
    (2) DOC--Department of Commerce
    (3) DOI--Department of the Interior
    (4) DOS--Department of State
    (5) EPA--Environmental Protection Agency
    (6) FWS--Fish and Wildlife Service
    (7) GSA--General Services Administration
    (8) NMFS--National Marine Fisheries Service
    (9) NOAA--National Oceanic and Atmospheric Administration
    (10) OMB--Office of Management and Budget
    (11) OPM--Office of Personnel Management
    (12) SBA--Small Business Administration
    (13) USCG--United States Coast Guard

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 29134, May 28, 1999; 75 FR 59149, Sept. 27, 2010]



             Subpart B_Regional Fishery Management Councils



Sec. 600.105  Intercouncil boundaries.

    (a) New England and Mid-Atlantic Councils. The boundary begins at 
the intersection point of Connecticut, Rhode Island, and New York at 
41 deg.18'16.249` N. lat. and 71 deg.54'28.477` W. long. and proceeds 
south 37 deg.22'32.75` East to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at 
the seaward boundary between the States of Virginia and North Carolina 
(36 deg.33'01.0` N. lat), and proceeds due east to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson-Stevens Act.
    (c) South Atlantic and Gulf of Mexico Councils. The boundary 
coincides with the line of demarcation between the Atlantic Ocean and 
the Gulf of Mexico, which begins at the intersection of the outer 
boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 
83 deg.00' W. long., proceeds northward along that meridian to 
24 deg.35' N. lat., (near the Dry Tortugas Islands), thence eastward 
along that parallel, through Rebecca Shoal and the Quicksand Shoal, to 
the Marquesas Keys, and then through the Florida Keys to the mainland at 
the eastern end of Florida Bay, the line so running that the narrow 
waters within the Dry Tortugas Islands, the Marquesas Keys and the 
Florida Keys, and between the Florida Keys and the mainland, are within 
the Gulf of Mexico.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 
FR 59149, Sept. 27, 2010]



Sec. 600.110  Intercouncil fisheries.

    If any fishery extends beyond the geographical area of authority of 
any one Council, the Secretary may--
    (a) Designate a single Council to prepare the FMP for such fishery 
and any amendments to such FMP, in consultation with the other Councils 
concerned; or
    (b) Require that the FMP and any amendments be prepared jointly by 
all the Councils concerned.
    (1) A jointly prepared FMP or amendment must be adopted by a 
majority of the voting members, present and voting, of each 
participating Council. Different conservation and management measures 
may be developed for specific geographic areas, but the FMP should 
address the entire geographic range of the stock(s).
    (2) In the case of joint FMP or amendment preparation, one Council 
will be designated as the ``administrative lead.'' The ``administrative 
lead''

[[Page 17]]

Council is responsible for the preparation of the FMP or any amendments 
and other required documents for submission to the Secretary.
    (3) None of the Councils involved in joint preparation may withdraw 
without Secretarial approval. If Councils cannot agree on approach or 
management measures within a reasonable period of time, the Secretary 
may designate a single Council to prepare the FMP or may issue the FMP 
under Secretarial authority.



Sec. 600.115  Statement of organization, practices, and procedures
(SOPP).

    (a) Councils are required to publish and make available to the 
public a SOPP in accordance with such uniform standards as are 
prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens 
Act. The purpose of the SOPP is to inform the public how the Council 
operates within the framework of the Secretary's uniform standards.
    (b) Amendments to current SOPPs must be consistent with the 
guidelines in this section, subpart C of this part, the terms and 
conditions of the cooperative agreement (the funding agreement between 
the Council and NOAA that establishes Council funding and mandates 
specific requirements regarding the use of those funds), the statutory 
requirements of the Magnuson-Stevens Act, and other applicable law. Upon 
approval of a Council's SOPP amendment by the Secretary, a notice of 
availability must be published in the Federal Register that includes an 
Internet address from which the amended SOPP may be read and downloaded 
and a mailing address to which the public may write to request copies.
    (c) Councils may deviate, where lawful, from the guidelines with 
appropriate supporting rationale, and Secretarial approval of each 
amendment to a SOPP would constitute approval of any such deviations for 
that particular Council.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 
FR 59149, Sept. 27, 2010]



Sec. 600.117  Council coordination committee (CCC).

    (a) The Councils may establish a Council coordination committee 
(CCC) consisting of the chairs, vice chairs, and executive directors of 
each of the eight Councils or other Council members or staff, in order 
to discuss issues of relevance to all Councils.
    (b) The CCC is not subject to the requirements of the Federal 
Advisory Committee Act (5 U.S.C. App. 2). Procedures for announcing and 
conducting open and closed meetings of the CCC shall be in accordance 
with Sec. 600.135.

[75 FR 59150, Sept. 27, 2010]



Sec. 600.120  Employment practices.

    (a) Council staff positions must be filled solely on the basis of 
merit, fitness for duty, competence, and qualifications. Employment 
actions must be free from discrimination based on race, religion, color, 
national origin, sex, age, disability, reprisal, sexual orientation, 
status as a parent, or on any additional bases protected by applicable 
Federal, state, or local law.
    (b) The annual pay rates for Council staff positions shall be 
consistent with the pay rates established for General Schedule Federal 
employees as set forth in 5 U.S.C. 5332, and the Alternative Personnel 
Management System for the U.S. Department of Commerce (62 FR 67434). The 
Councils have the discretion to adjust pay rates and pay increases based 
on cost of living (COLA) differentials in their geographic locations. 
COLA adjustments in pay rates and pay increases may be provided for 
staff members whose post of duty is located in Alaska, Hawaii, Guam, the 
U.S. Virgin Islands, the Northern Mariana Islands, and Puerto Rico.
    (1) No pay adjustment based on geographic location shall exceed the 
COLA and locality pay adjustments available to Federal employees in the 
same geographic area.
    (2) [Reserved]
    (c) Salary increases funded in lieu of life and medical/dental 
policies are not permitted.
    (d) Unused sick leave may be accumulated without limit, or up to a 
maximum number of days and contribution

[[Page 18]]

per day, as specified by the Council in its SOPP. Distributions of 
accumulated funds for unused sick leave may be made to the employee upon 
his or her retirement, or to his or her estate upon his or her death, as 
established by the Council in its SOPP.
    (e) Each Council may pay for unused annual leave upon separation, 
retirement, or death of an employee.
    (f) One or more accounts shall be maintained to pay for unused sick 
or annual leave as authorized under paragraphs (d) and (e) of this 
section, and will be funded from the Council's annual operating 
allowances. Councils have the option to deposit funds into these 
account(s) at the end of the budget period if unobligated balances 
remain. Interest earned on these account(s) will be maintained in the 
account(s), along with the principal, for the purpose of payment of 
unused annual and sick leave only. These account(s), including interest, 
may be carried over from year to year. Budgeting for accrued leave will 
be identified in the ``Other'' object class categories section of the 
SF-424A.
    (g) A Council must notify the NOAA Office of General Counsel before 
seeking outside legal advice, which may be for technical assistance not 
available from NOAA. If the Council is seeking legal services in 
connection with an employment practices question, the Council must first 
notify the Department of Commerce's Office of the Assistant General 
Counsel for Administration, Employment and Labor Law Division. A Council 
may not contract for the provision of legal services on a continuing 
basis.

[66 FR 57886, Nov. 19, 2001]



Sec. 600.125  Budgeting, funding, and accounting.

    (a) Council grant activities are governed by 15 CFR part 14 (Uniform 
Administrative Requirements for Grants and Agreements with Institutions 
of Higher Education, Hospitals, and other Non-Profit and Commercial 
Organizations), 2 CFR part 230 (Cost Principles for Non-Profit 
Organizations), 15 CFR part 14 (Audit Requirements for Institutions of 
Higher Education and Other Non-Profit Organizations), and the terms and 
conditions of the cooperative agreement.
    (b) Councils may not independently enter into agreements, including 
grants, contracts, or cooperative agreements, whereby they will receive 
funds for services rendered. All such agreements must be approved and 
entered into by NOAA on behalf of the Councils.
    (c) Councils are not authorized to accept gifts or contributions 
directly. All such donations must be directed to the NMFS Regional 
Administrator in accordance with applicable Department of Commerce 
regulations.

[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010]



Sec. 600.130  Protection of confidentiality of statistics.

    Each Council must establish appropriate procedures for ensuring the 
confidentiality of the statistics that may be submitted to it by Federal 
or state authorities and may be voluntarily submitted to it by private 
persons, including, but not limited to (also see Sec. 600.405):
    (a) Procedures for the restriction of Council member, employee, or 
advisory group access and the prevention of conflicts of interest, 
except that such procedures must be consistent with procedures of the 
Secretary.
    (b) In the case of statistics submitted to the Council by a state, 
the confidentiality laws and regulations of that state.



Sec. 600.133  Scientific and Statistical Committee (SSC).

    (a) Each Council shall establish, maintain, and appoint the members 
of an SSC to assist it in the development, collection, evaluation, and 
peer review of such statistical, biological, economic, social, and other 
scientific information as is relevant to such Council's development and 
amendment of any fishery management plan.
    (b) Each SSC shall provide its Council ongoing scientific advice for 
fishery management decisions, including recommendations for acceptable 
biological catch, preventing overfishing, maximum sustainable yield, and 
achieving rebuilding targets, and reports on

[[Page 19]]

stock status and health, bycatch, habitat status, social and economic 
impacts of management measures, and sustainability of fishing practices.
    (c) Members appointed by the Councils to the SSCs shall be Federal 
employees, State employees, academicians, or independent experts and 
shall have strong scientific or technical credentials and experience.
    (d) An SSC shall hold its meetings in conjunction with the meetings 
of the Council, to the extent practicable.

[75 FR 59150, Sept. 27, 2010]



Sec. 600.134  Stipends.

    Stipends are available, subject to the availability of 
appropriations, to members of committees formally designated as SSCs 
under Sec. 301(g)(1)(a) or APs under Sec. 302(g)(2) of the Magnuson-
Stevens Act who are not employed by the Federal Government or a State 
marine fisheries agency. For the purposes of this section, a state 
marine fisheries agency includes any state or tribal agency that has 
conservation, management, or enforcement responsibility for any marine 
fishery resource.

[75 FR 59150, Sept. 27, 2010]



Sec. 600.135  Meeting procedures.

    (a) Regular meetings. Public notice of a regular meeting, including 
the meeting agenda, of each Council, CCC, SSC, AP, FIAC, or other 
committees established under Magnuson-Stevens Act, Sec. 302(g), must be 
published in the Federal Register at least 14 calendar days prior to the 
meeting date. Appropriate notice by any means that will result in wide 
publicity in the major fishing ports of the region (and in other major 
fishing ports having a direct interest in the affected fishery) must be 
given. E-mail notification and website postings alone are not 
sufficient. The published agenda of a regular meeting may not be 
modified to include additional matters for Council action without public 
notice given at least 14 calendar days prior to the meeting date, unless 
such modification is necessary to address an emergency under section 
305(c) of the Magnuson-Stevens Act, in which case public notice shall be 
given immediately. Drafts of all regular public meeting notices must be 
received by NMFS headquarters office at least 23 calendar days before 
the first day of the regular meeting. Councils must ensure that all 
public meetings are accessible to persons with disabilities, and that 
the public can make timely requests for language interpreters or other 
auxiliary aids at public meetings.
    (b) Emergency meetings. Drafts of emergency public notices must be 
transmitted to the NMFS headquarters office at least 5 working days 
prior to the first day of the emergency meeting. Although notices of and 
agendas for emergency meetings are not required to be published in the 
Federal Register, notices of emergency meetings must be promptly 
announced through any means that will result in wide publicity in the 
major fishing ports of the region. E-mail notification and website 
postings alone are not sufficient.
    (c) Closed meetings. After proper notification by any means that 
will result in wide publicity in the major fishing ports within the 
region and, having included in the notification the time and place of 
the meeting and the reason for closing any meeting or portion thereof to 
the public, a Council, CCC, SSC, AP, FIAC, or other committees:
    (1) Must close any meeting, or portion thereof, that concerns 
information bearing a national security classification.
    (2) May close any meeting, or portion thereof, that concerns matters 
or information pertaining to national security, employment matters, or 
briefings on litigation in which the Council is interested.
    (3) May close any meeting, or portion thereof, that concerns 
internal administrative matters other than employment. Examples of other 
internal administrative matters include candidates for appointment to 
AP, SSC, and other subsidiary bodies and public decorum or medical 
conditions of members of a Council or its subsidiary bodies. In deciding 
whether to close a portion of a meeting to discuss internal 
administrative matters, the Council, CCC, SSC, AP, FIAC, or other 
committees should consider not only the privacy interests of individuals 
whose

[[Page 20]]

conduct or qualifications may be discussed, but also the interest of the 
public in being informed of Council operations and actions.
    (d) Without the notice required by paragraph (c) of this section, a 
Council, CCC, SSC, AP, FIAC, or other committees may briefly close a 
portion of a meeting to discuss employment or other internal 
administrative matters. The closed portion of a meeting that is closed 
without notice may not exceed two hours.
    (e) Before closing a meeting or portion thereof, the Council, CCC, 
SSC, AP, FIAC, or other committees should consult with the NOAA Office 
of General Counsel to ensure that the matters to be discussed fall 
within the exceptions to the requirement to hold public meetings 
described in paragraph (c) of this section.
    (f) Actions that affect the public, although based on discussions in 
closed meetings, must be taken in public. For example, appointments to 
an AP must be made in the public part of the meeting; however, a 
decision to take disciplinary action against a Council employee need not 
be announced to the public.
    (g) A majority of the voting members of any Council constitute a 
quorum for Council meetings, but one or more such members designated by 
the Council may hold hearings.
    (h) Decisions of any Council are by majority vote of the voting 
members present and voting (except for a vote to propose removal of a 
Council member, see 50 CFR 600.230). Voting by proxy is permitted only 
pursuant to 50 CFR 600.205 (b). An abstention does not affect the 
unanimity of a vote.
    (i) Voting members of the Council who disagree with the majority on 
any issue to be submitted to the Secretary, including principal state 
officials raising federalism issues, may submit a written statement of 
their reasons for dissent. If any Council member elects to file such a 
statement, it should be submitted to the Secretary at the same time the 
majority report is submitted.

[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010]



Sec. 600.140  Procedure for proposed regulations.

    (a) Each Council must establish a written procedure for proposed 
regulations consistent with section 303(c) of the Magnuson-Stevens Act. 
The procedure must describe how the Council deems proposed regulations 
necessary or appropriate for the purposes of implementing a fishery 
management plan or a plan amendment, or making modifications to 
regulations implementing a fishery management plan or plan amendment. In 
addition, the procedure must describe how the Council submits proposed 
regulations to the Secretary.
    (b) The Councils must include the procedure for proposed regulations 
in its SOPP, see Sec. 600.115, or other written documentation that is 
available to the public.

[75 FR 59150, Sept. 27, 2010]



Sec. 600.150  Disposition of records.

    (a) Council records must be handled in accordance with NOAA records 
management office procedures. All records and documents created or 
received by Council employees while in active duty status belong to the 
Federal Government. When employees leave the Council, they may not take 
the original or file copies of records with them.
    (b) Each Council is required to maintain documents generally 
available to the public on its Internet site. Documents for posting must 
include: fishery management plans and their amendments for the fisheries 
for which the Council is responsible, drafts of fishery management plans 
and plan amendments under consideration, analysis of actions the Council 
has under review, minutes or official reports of past meetings of the 
Council and its committees, materials provided by the Council staff to 
Council members in preparation for meetings, and other Council documents 
of interest to the public. For documents too large to maintain on the 
Web site, not available electronically, or seldom requested, the Council 
must provide copies of the documents for viewing at the Council office 
during regular business hours or

[[Page 21]]

may provide the documents through the mail.

[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59151, Sept. 27, 2010]



Sec. 600.155  Freedom of Information Act (FOIA) requests.

    (a) FOIA requests received by a Council should be coordinated 
promptly with the appropriate NMFS Regional Office. The Region will 
forward the request to the NOAA FOIA Officer to secure a FOIA number and 
log the request into FOIAonline. The Region will also obtain clearance 
from the NOAA General Counsel's Office concerning initial determination 
for denial of requested information.
    (b) FOIA request processing will be controlled and documented in the 
Region. The requests should be forwarded to the NOAA FOIA Officer who 
will enter the request into FOIAonline. The request will be assigned an 
official FOIA number and due date. In the event the Region determines 
that the requested information is exempt from disclosure, in full or in 
part, under the FOIA, the denial letter prepared for the Assistant 
Administrator's signature, along with the ``Foreseeable Harm'' Memo and 
list of documents to be withheld, must be cleared through the NMFS FOIA 
Liaison. Upon completion, a copy of the signed letter transmitting the 
information to the requester should be posted to FOIAonline by NMFS.

[80 FR 57738, Sept. 25, 2015]



                      Subpart C_Council Membership



Sec. 600.205  Principal state officials and their designees.

    (a) Only a full-time state employee of the state agency responsible 
for marine and/or anadromous fisheries shall be appointed by a 
constituent state Governor as the principal state official for purposes 
of section 302(b) of the Magnuson-Stevens Act.
    (b) A principal state official may name his/her designee(s) to act 
on his/her behalf at Council meetings. Individuals designated to serve 
as designees of a principal state official on a Council, pursuant to 
section 302(b)(1)(A) of the Magnuson-Stevens Act, must be a resident of 
the state and be knowledgeable and experienced, by reason of his or her 
occupational or other experience, scientific expertise, or training, in 
the fishery resources of the geographic area of concern to the Council.
    (c) New or revised appointments by state Governors of principal 
state officials and new or revised designations by principal state 
officials of their designees(s) must be delivered in writing to the 
appropriate NMFS Regional Administrator and the Council chair at least 
48 hours before the individual may vote on any issue before the Council. 
A designee may not name another designee. Written appointment of the 
principal state official must indicate his or her employment status, how 
the official is employed by the state fisheries agency, and whether the 
official's full salary is paid by the state. Written designation(s) by 
the principal state official must indicate how the designee is 
knowledgeable and experienced in fishery resources of the geographic 
area of concern to the Council, the County in which the designee 
resides, and whether the designee's salary is paid by the state.

[66 FR 57888, Nov. 19, 2001]



Sec. 600.207  Pacific Fishery Management Council Tribal Indian 
representative and alternate.

    (a) The tribal Indian representative to the Pacific Fishery 
Management Council may designate an alternate during the period of the 
representative's term. The designee must be knowledgeable concerning 
tribal rights, tribal law, and the fishery resources of the geographical 
area concerned.
    (b) New or revised designations of an alternate by the tribal Indian 
representative must be delivered in writing to the appropriate NMFS 
Regional Administrator and the Council chair at least 48 hours before 
the designee may vote on any issue before the Council. In that written 
document, the tribal Indian representative must indicate how the 
designee meets the knowledge requirements under paragraph (a) of this 
section.

[75 FR 59151, Sept. 27, 2010]

[[Page 22]]



Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Administrators, or their designees) are appointed for a term of 
3 years and, except as discussed in paragraphs (b) and (c) of this 
section, may be reappointed. A voting member's Council service of 18 
months or more during a term of office will be counted as service for 
the entire 3-year term.
    (b) The anniversary date for measuring terms of membership is August 
11. The Secretary may designate a term of appointment shorter than 3 
years, if necessary, to provide for balanced expiration of terms of 
office. Members may not serve more than three consecutive terms.
    (c) A member who has completed three consecutive terms will be 
eligible for appointment to another term one full year after completion 
of the third consecutive term.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 75 
FR 59151, Sept. 27, 2010]



Sec. 600.215  Council nomination and appointment procedures.

    (a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of 
Commerce (Secretary) will appoint or new members or will reappoint 
seated members to another term to fill the seats being vacated.
    (2) There are two categories of seats to which voting members are 
appointed: ``Obligatory'' and ``At-large.''
    (i) Obligatory seats are state specific. Each constituent state is 
entitled to one seat on the Council on which it is a member, except that 
the State of Alaska is entitled to five seats and the State of 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term of a state's obligatory member is 
expiring or when that seat becomes vacant before the expiration of its 
term, the governor of that state must submit the names of at least three 
qualified individuals to fill that Council seat.
    (ii) The Magnuson-Stevens Act also provides for appointment, by the 
Secretary, of one treaty Indian tribal representative to the Pacific 
Fishery Management Council (Pacific Council). To fill that seat, the 
Secretary solicits written nominations from the heads of governments of 
those Indian Tribes with federally recognized fishing rights from the 
States of California, Oregon, Washington, or Idaho. The list of nominees 
must contain a total of at least three individuals who are knowledgeable 
and experienced regarding the fishery resources under the authority of 
the Pacific Council. The Secretary will appoint one tribal Indian 
representative from this list to the Pacific Council for a term of 3 
years and rotate the appointment among the tribes.
    (iii) At-large seats are regional. When the term of an at-large 
member is expiring or when that seat becomes vacant before the 
expiration of a term, the governors of all constituent states of that 
Council must each submit the names of at least three qualified 
individuals to fill the seat.
    (b) Responsibilities of State Governors. (1) Council members are 
selected by the Secretary from lists of nominees submitted by Governors 
of the constituent states, pursuant to section 302(b)(2)(C) of the 
Magnuson-Stevens Act. For each applicable vacancy, a Governor must 
submit the names of at least three nominees who meet the qualification 
requirements of the Magnuson-Stevens Act. A Governor must provide a 
statement explaining how each of his/her nominees meet the qualification 
requirements, and must also provide appropriate documentation to the 
Secretary that each nomination was made in consultation with commercial 
and recreational fishing interests of that state and that each nominee 
is knowledgeable and experienced by reason of his or her occupational or 
other experience, scientific expertise, or training in one or more of 
the following ways related to the fishery resources of the geographical 
area of concern to the Council:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;

[[Page 23]]

    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) The management and conservation of natural resources, including 
related interactions with industry, government bodies, academic 
institutions, and public agencies. This includes experience serving as a 
member of a Council, Advisory Panel, Scientific and Statistical 
Committee, or Fishing Industry Advisory Committee;
    (v) Representing consumers of fish or fish products through 
participation in local, state, or national organizations, or performing 
other activities specifically related to the education or protection of 
consumers of marine resources; or
    (vi) Teaching, journalism, writing, consulting, practicing law, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (2) To assist in identifying qualifications, each nominee must 
furnish to the appropriate governor's office a current resume, or 
equivalent, describing career history--with particular attention to 
experience related to the criteria in paragraph (b)(1) of this section. 
Nominees may provide such information in any format they wish.
    (3) A constituent State Governor must determine the state of 
residency of each of his/her nominees. A Governor may not nominate a 
non-resident of that state for appointment to a Council seat obligated 
to that state. A Governor may nominate residents of another constituent 
state of a Council for appointment to an at large seat on that Council.
    (4) If, at any time during a term, a member changes residency to 
another state that is not a constituent state of that Council, or a 
member appointed to an obligatory seat changes residency to any other 
state, the member may no longer vote and must resign from the Council. 
For purposes of this paragraph, a state resident is an individual who 
maintains his/her principal residence within that constituent state and 
who, if applicable, pays income taxes to that state and/or to another 
appropriate jurisdiction within that state.
    (5) When the terms of both an obligatory member and an at-large 
member expire concurrently, the Governor of the state holding the 
expiring obligatory seat may indicate that the nominees who were not 
selected for appointment to the obligatory seat may be considered for 
appointment to an at-large seat, provided that the resulting total 
number of nominees submitted by that governor for the expiring at-large 
seat is no fewer than three different nominees.
    (c) Nominees to the Gulf of Mexico Fishery Management Council. (1) 
The Governors of States submitting nominees to the Secretary for 
appointment to the Gulf of Mexico Fishery Management Council shall 
include:
    (i) At least one nominee each from the commercial, recreational, and 
charter fishing sectors, except that an individual who owns or operates 
a fish farm outside the United States shall not be considered to be a 
representative of the commercial or recreational sector; and
    (ii) At least one other individual who is knowledgeable regarding 
the conservation and management of fisheries resources in the 
jurisdiction of the Council.
    (2) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, if the Secretary determines that the list of names 
submitted by the Governor does not meet the requirements of paragraph 
(c)(1) of this section, the Secretary shall:
    (i) Publish a notice in the Federal Register asking the residents of 
that State to submit the names and pertinent biographical data of 
individuals who would meet the requirements of this section that were 
not met for appointment to the Council; and
    (ii) Add the name of any qualified individual submitted by the 
public who meets the requirements of this section that were not met to 
the list of names submitted by the Governor.
    (3) The requirements of this paragraph (c) shall expire at the end 
of fiscal year 2012, meaning through September 30, 2012.
    (d) Responsibilities of eligible tribal Indian governments. The 
tribal Indian representative on the Pacific Council will be selected by 
the Secretary from a list

[[Page 24]]

of no fewer than three individuals submitted by the tribal Indian 
governments with federally recognized fishing rights from California, 
Oregon, Washington, and Idaho, pursuant to section 302(b)(5) of the 
Magnuson-Stevens Act. To assist in assessing the qualifications of each 
nominee, each head of an appropriate tribal Indian government must 
furnish to the Assistant Administrator a current resume, or equivalent, 
describing the nominee's qualifications, with emphasis on knowledge and 
experience related to the fishery resources affected by recommendations 
of the Pacific Council. Prior service on the Pacific Council in a 
different capacity will not disqualify nominees proposed by tribal 
Indian governments.
    (e) Nomination deadlines. Nomination packages (governors' letters 
and completed nomination kits) must be forwarded by express mail under a 
single mailing to arrive at the address specified by the Assistant 
Administrator by March 15. For appointments outside the normal cycle, 
the Secretary will provide a deadline for receipt of nominations to the 
affected Council and state governors.
    (1) Obligatory seats. (i) The Governor of the state for which the 
term of an obligatory seat is expiring should submit the names of at 
least three qualified individuals to fill that seat by the March 15 
deadline. The Secretary will appoint to the Pacific Fishery Management 
Council a representative of an Indian tribe from a list of no fewer than 
three individuals submitted by the tribal Indian governments.
    (ii) If the Governor or tribal Indian governments fail to provide a 
nomination letter and at least three complete nomination kits by March 
15, the obligatory seat will remain vacant until all required 
information has been received and processed and the Secretary has made 
the appointment.
    (2) At-large seats. (i) If a Governor chooses to submit nominations 
for an at-large seat, he/she must submit lists that contain at least 
three qualified nominees for each vacant seat. A nomination letter and a 
nomination kit for each qualified nominee must be forwarded by express 
mail under a single mailing to arrive at the address specified by the 
Assistant Administrator by March 15.
    (ii) Nomination packages that are not substantially complete by 
March 15 may be returned to the nominating Governor. At-large members 
will be appointed from among the nominations submitted by the governors 
who complied with the nomination requirements.
    (f) Responsibilities of the Secretary. (1) The Secretary must, to 
the extent practicable, ensure a fair and balanced apportionment, on a 
rotating or other basis, of the active participants (or their 
representatives) in the commercial and recreational fisheries in the 
Council's area of authority. Further, the Secretary must take action to 
ensure, to the extent practicable, that those persons dependent for 
their livelihood upon the fisheries in the Council's area of authority 
are fairly represented as voting members on the Councils.
    (2) The Secretary will review each list submitted by a governor or 
the tribal Indian governments to ascertain whether the individuals on 
the list are qualified for the vacancy. If the Secretary determines that 
a nominee is not qualified, the Secretary will notify the appropriate 
Governor or tribal Indian government of that determination. The Governor 
or tribal Indian government shall then submit a revised list of nominees 
or resubmit the original list with an additional explanation of the 
qualifications of the nominee in question. The Secretary reserves the 
right to determine whether nominees are qualified.
    (3) The Secretary will select the appointees from lists of qualified 
nominees provided by the Governors of the constituent Council states or 
of the tribal Indian governments that are eligible to nominate 
candidates for that vacancy.
    (i) For Governor-nominated seats, the Secretary will select an 
appointee for an obligatory seat from the list of qualified nominees 
submitted by the governor of the state. In filling expiring at-large 
seats, the Secretary will select an appointee(s) for an at-large seat(s) 
from the list of all qualified candidates submitted. The Secretary will 
consider only complete slates of

[[Page 25]]

nominees submitted by the governors of the Council's constituent states. 
When an appointed member vacates his/her seat prior to the expiration of 
his/her term, the Secretary will fill the vacancy for the remainder of 
the term by selecting from complete nomination letters and kits that are 
timely and contain the required number of candidates.
    (ii) For the tribal Indian seat, the Secretary will solicit 
nominations of individuals for the list referred to in paragraph (c) of 
this section only from those Indian tribes with federally recognized 
fishing rights from California, Oregon, Washington, or Idaho. The 
Secretary will consult with the Bureau of Indian Affairs, Department of 
the Interior, to determine which Indian tribes may submit nominations. 
Any vacancy occurring prior to the expiration of any term shall be 
filled in the same manner as described in paragraphs (d)(1) and (2) of 
this section, except that the Secretary may use the list referred to in 
paragraph (b)(1) of this section from which the vacating member was 
chosen. The Secretary shall rotate the appointment among the tribes, 
taking into consideration:
    (A) The qualifications of the individuals on the list referred to in 
paragraph (c) of this section.
    (B) The various rights of the Indian tribes involved, and judicial 
cases that set out the manner in which these rights are to be exercised.
    (C) The geographic area in which the tribe of the representative is 
located.
    (D) The limitation that no tribal Indian representative shall serve 
more than three consecutive terms in the Indian tribal seat.

[64 FR 4600, Jan. 29, 1999, as amended at 75 FR 59151, Sept. 27, 2010]



Sec. 600.220  Oath of office.

    As trustees of the nation's fishery resources, all voting members 
must take an oath specified by the Secretary as follows: ``I, [name of 
the person taking oath], as a duly appointed member of a Regional 
Fishery Management Council established under the Magnuson-Stevens 
Fishery Conservation and Management Act, hereby promise to conserve and 
manage the living marine resources of the United States of America by 
carrying out the business of the Council for the greatest overall 
benefit of the Nation. I recognize my responsibility to serve as a 
knowledgeable and experienced trustee of the Nation's marine fisheries 
resources, being careful to balance competing private or regional 
interests, and always aware and protective of the public interest in 
those resources. I commit myself to uphold the provisions, standards, 
and requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable law, and shall conduct myself at all 
times according to the rules of conduct prescribed by the Secretary of 
Commerce. This oath is given freely and without mental reservation or 
purpose of evasion.''

[75 FR 59152, Sept. 27, 2010]



Sec. 600.225  Rules of conduct.

    (a) Council members, as Federal office holders, and Council 
employees are subject to most Federal criminal statutes covering 
bribery, conflict-of-interest, disclosure of confidential information, 
and lobbying with appropriated funds.
    (b) The Councils are responsible for maintaining high standards of 
ethical conduct among themselves, their staffs, and their advisory 
groups. In addition to abiding by the applicable Federal conflict of 
interest statutes, both members and employees of the Councils must 
comply with the following standards of conduct:
    (1) No employee of a Council may use his or her official authority 
or influence derived from his or her position with the Council for the 
purpose of interfering with or affecting the result of an election to or 
a nomination for any national, state, county, or municipal elective 
office.
    (2) Council members, employees, and contractors must comply with the 
Federal Cost Principles Applicable to Regional Fishery Management 
Council Grants and Cooperative Agreements, especially with regard to 
lobbying, and other restrictions with regard to lobbying as specified in 
Sec. 600.227 of this part.
    (3) No employee of a Council may be deprived of employment, 
position,

[[Page 26]]

work, compensation, or benefit provided for or made possible by the 
Magnuson-Stevens Act on account of any political activity or lack of 
such activity in support of or in opposition to any candidate or any 
political party in any national, state, county, or municipal election, 
or on account of his or her political affiliation.
    (4) No Council member or employee may pay, offer, promise, solicit, 
or receive from any person, firm, or corporation a contribution of money 
or anything of value in consideration of either support or the use of 
influence or the promise of support or influence in obtaining for any 
person any appointive office, place, or employment under the Council.
    (5) No employee of a Council may have a direct or indirect financial 
interest that conflicts with the fair and impartial conduct of his or 
her Council duties.
    (6) No Council member, employee of a Council, or member of a Council 
advisory group may use or allow the use, for other than official 
purposes, of information obtained through or in connection with his or 
her Council employment that has not been made available to the general 
public.
    (7) No Council member or employee of the Council may engage in 
criminal, infamous, dishonest, notoriously immoral, or disgraceful 
conduct.
    (8) No Council member or employee of the Council may use Council 
property on other than official business. Such property must be 
protected and preserved from improper or deleterious operation or use.
    (9)(i) Except as provided in Sec. 600.235(h) or in 18 U.S.C. 208, 
no Council member may participate personally and substantially as a 
member through decision, approval, disapproval, recommendation, the 
rendering of advice, investigation, or otherwise, in a particular matter 
in which the member, the member's spouse, minor child, general partner, 
organization in which the member is serving as officer, director, 
trustee, general partner, or employee, or any person or organization 
with whom the member is negotiating or has any arrangement concerning 
prospective employment, has a financial interest. (Note that this 
financial interest is broader than the one defined in Sec. 600.235(a).)
    (ii) No Council member may participate personally and substantially 
as a member through decision, approval, disapproval, recommendation, the 
rendering of advice, investigation, or otherwise, in a particular matter 
primarily of individual concern, such as a contract, in which he or she 
has a financial interest, even if the interest has been disclosed in 
accordance with Sec. 600.235.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 64185, Nov. 19, 1998; 75 FR 59152, Sept. 27, 2010]



Sec. 600.227  Lobbying.

    (a) Council members, employees and contractors must comply with the 
requirements of 31 U.S.C. 1352 and Department of Commerce implementing 
regulations published at 15 CFR part 28, ``New Restrictions on 
Lobbying.'' These provisions generally prohibit the use of Federal funds 
for lobbying the Executive or Legislative Branches of the Federal 
Government in connection with the award. Because the Councils receive in 
excess of $100,000 in Federal funding, the regulations mandate that the 
Councils must complete Form SF-LLL, ``Disclosure of Lobbying 
Activities,'' regarding the use of non Federal funds for lobbying. The 
Form SF-LLL shall be submitted within 30 days following the end of the 
calendar quarter in which there occurs any event that requires 
disclosure or that materially affects the accuracy of the information 
contained in any disclosure form previously filed. The recipient must 
submit the Forms SF-LLL, including those received from subrecipients, 
contractors, and subcontractors, to the Grants Officer.
    (b) Council members, employees, and contractors must comply with the 
Federal Cost Principles Applicable to Regional Fishery Management 
Council Grants and Cooperative Agreements summarized as follows:
    (1) Title 2 CFR part 230 - Cost Principles for Nonprofit 
Organizations (OMB CircularA-122) is applicable to the Federal 
assistance awards issued to the Councils.
    (2) The purpose of the cost principles at 2 CFR part 230 is to 
define what

[[Page 27]]

costs can be paid on Federal awards issued to non-profit organizations. 
The regulation establishes both general principles and detailed items of 
costs.
    (3) Under 2 CFR part 230, costs for certain lobbying activities are 
unallowable as charges to Federal awards. These activities would include 
any attempts to influence:
    (i) The introduction of Federal or state legislation;
    (ii) The enactment or modification of any pending legislation by 
preparing, distributing, or using publicity or propaganda, or by urging 
members of the general public to contribute to or to participate in any 
demonstration, march, rally, fundraising drive, lobbying campaign, or 
letter writing or telephone campaign.
    (4) Generally, costs associated with providing a technical and 
factual presentation directly related to the performance of a grant, 
through hearing testimony, statements, or letters to Congress or a state 
legislature are allowable if made in response to a documented request.
    (5) Costs associated with lobbying to influence state legislation in 
order to reduce the cost or to avoid material impairment of the 
organization's authority to perform the grant are also allowable.

[75 FR 59152, Sept. 27, 2010]



Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(6) of the 
Magnuson-Stevens Act, wherein the Council concerned first recommends 
removal of that member by not less than two-thirds of the voting 
members. A recommendation of a Council to remove a member must be made 
in writing to the Secretary and accompanied by a statement of the 
reasons upon which the recommendation is based.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.235  Financial disclosure.

    (a) Definitions. For purposes of Sec. 600.235:
    Affected individual means an individual who is--
    (1) Nominated by the Governor of a state or appointed by the 
Secretary of Commerce to serve as a voting member of a Council in 
accordance with section 302(b)(2) of the Magnuson-Stevens Act; or
    (2) A representative of an Indian tribe appointed to the Pacific 
Council by the Secretary of Commerce under section 302(b)(5) of the 
Magnuson-Stevens Act who is not subject to disclosure and recusal 
requirements under the laws of an Indian tribal government.
    (3) A member of an SSC shall be treated as an affected individual 
for the purposes of paragraphs (b)(1), (b)(5) through (b)(7), and (i) of 
this section.
    Council decision means approval of a fishery management plan (FMP) 
or FMP amendment (including any proposed regulations); request for 
amendment to regulations implementing an FMP; finding that an emergency 
exists involving any fishery (including recommendations for responding 
to the emergency); and comments to the Secretary on FMPs or amendments 
developed by the Secretary. It does not include a vote by a committee of 
a Council.
    Designated official means an attorney designated by the NOAA General 
Counsel.
    Financial Interest Form means NOAA Form 88-195, ``STATEMENT OF 
FINANCIAL INTERESTS For Use By Voting Members of, and Nominees to, the 
Regional Fishery Management Councils, and Members of the Scientific and 
Statistical Committee (SSC)'' or such other form as the Secretary may 
prescribe.
    Financial interest in harvesting, processing, lobbying, advocacy, or 
marketing (1) includes:
    (i) Stock, equity, or other ownership interests in, or employment 
with, any company, business, fishing vessel, or other entity or 
employment with any entity that has any percentage ownership in or by 
another entity engaging in any harvesting, processing, lobbying, 
advocacy, or marketing activity in any fishery under the jurisdiction of 
the Council concerned;
    (ii) Stock, equity, or other ownership interests in, or employment 
with, any

[[Page 28]]

company or other entity or employment with any entity that has any 
percentage ownership in or by another entity that provides equipment or 
other services essential to harvesting, processing, lobbying, advocacy, 
or marketing activities in any fishery under the jurisdiction of the 
Council concerned, such as a chandler or a dock operation;
    (iii) Employment with, or service as an officer, director, or 
trustee of, an association whose members include companies, vessels, or 
other entities engaged in any harvesting, processing, lobbying, 
advocacy, or marketing activities, or companies or other entities 
providing services essential to harvesting, processing, lobbying, 
advocacy, or marketing activities in any fishery under the jurisdiction 
of the Council concerned; and
    (iv) Employment with an entity that has any percentage ownership in 
or by another entity providing consulting, legal, or representational 
services to any entity engaging in, or providing equipment or services 
essential to harvesting, processing, lobbying, advocacy, or marketing 
activities in any fishery under the jurisdiction of the Council 
concerned, or to any association whose members include entities engaged 
in the activities described in paragraphs (1)(i) and (ii) of this 
definition;
    (2) Does not include stock, equity, or other ownership interests in, 
or employment with, an entity engaging in scientific fisheries research 
in any fishery under the jurisdiction of the Council concerned, unless 
it is covered under paragraph (1) of this definition. A financial 
interest in such entities is covered by 18 U.S.C. 208, the Federal 
conflict-of-interest statute.
    (b) Reporting. (1) The Magnuson-Stevens Act requires the disclosure 
of any financial interest in harvesting, processing, lobbying, advocacy, 
or marketing activity that is being, or will be, undertaken within any 
fishery over which the Council concerned has jurisdiction. An affected 
individual must disclose such financial interest held by that 
individual; the affected individual's spouse, minor child, partner; or 
any organization (other than the Council) in which that individual is 
serving as an officer, director, trustee, partner, or employee. The 
information required to be reported must be disclosed on the Financial 
Interest Form (as defined in paragraph (a) of this section), or such 
other form as the Secretary may prescribe.
    (2) The Financial Interest Form must be filed by each nominee for 
Secretarial appointment to the Council with the Assistant Administrator 
by April 15 or, if nominated after March 15, one month after nomination 
by the Governor. A seated voting member appointed by the Secretary must 
file a Financial Interest Form with the Executive Director of the 
appropriate Council within 45 days of taking office; must file an update 
of his or her statement with the Executive Director of the appropriate 
Council within 30 days of the time any such financial interest is 
acquired or substantially changed by the affected individual or the 
affected individual's spouse, minor child, partner, or any organization 
(other than the Council) in which that individual is serving as an 
officer, director, trustee, partner, or employee; and must update his or 
her form annually and file that update with the Executive Director of 
the appropriate Council by February 1 of each year, regardless of 
whether any information has changed on that form.
    (3) The Executive Director must, in a timely manner, provide copies 
of and updates to the Financial Interest Forms of appointed Council 
members to the NMFS Regional Administrator, the Regional Attorney who 
advises the Council, the Department of Commerce Assistant General 
Counsel for Administration, and the NMFS Office of Sustainable 
Fisheries. These completed Financial Interest Forms shall be kept on 
file in the office of the NMFS Regional Administrator and at the Council 
offices, and shall be made available for public inspection at such 
offices during normal office hours. In addition, the forms shall be made 
available at each Council meeting or hearing and shall be posted for 
download from the Internet on the Council's website.
    (4) Councils must retain the Financial Interest Form for a Council 
member for at least 5 years after the expiration of that individual's 
last term.

[[Page 29]]

    (5) An individual being considered for appointment to an SSC must 
file the Financial Interest Form with the Regional Administrator for the 
geographic area concerned within 45 days prior to appointment. A member 
of the SSC must file an update of his or her statement with the Regional 
Administrator for the geographic area concerned within 30 days of the 
time any such financial interest is acquired or substantially changed by 
the SSC member or the SSC member's spouse, minor child, partner, or any 
organization (other than the Council) in which that individual is 
serving as an officer, director, trustee, partner, or employee; and must 
update his or her form annually and file that update with the Regional 
Administrator by February 1 of each year.
    (6) An individual who serves as an SSC member to more than one 
Council shall file Financial Interest Forms with each Regional 
Administrator for the geographic areas concerned.
    (7) The Regional Administrator shall maintain on file the Financial 
Interest Forms of all SSC members for at least five years after the 
expiration of that individual's term on the SSC. Such Forms are not 
subject to sections 302(j)(5)(B) and (C) of the Magnuson-Stevens Act.
    (c) Restrictions on voting. (1) No affected individual may vote on 
any Council decision that would have a significant and predictable 
effect on a financial interest disclosed in his/her report filed under 
paragraph (b) of this section.
    (2) As used in this section, a Council decision will be considered 
to have a ``significant and predictable effect on a financial interest'' 
if there is a close causal link between the decision and an expected and 
substantially disproportionate benefit to the financial interest in 
harvesting, processing, lobbying, advocacy, or marketing of any affected 
individual or the affected individual's spouse, minor child, partner, or 
any organization (other than the Council) in which that individual is 
serving as an officer, director, trustee, partner, or employee, relative 
to the financial interests of other participants in the same gear type 
or sector of the fishery. The relative financial interests of the 
affected individual and other participants will be determined with 
reference to the most recent fishing year for which information is 
available. However, for fisheries in which IFQs are assigned, the 
percentage of IFQs assigned to the affected individual will be the 
determining factor.
    (3) ``Expected and substantially disproportionate benefit'' means a 
quantifiable positive or negative impact with regard to a matter likely 
to affect a fishery or sector of the fishery in which the affected 
individual has a significant interest, as indicated by:
    (i) A greater than 10-percent interest in the total harvest of the 
fishery or sector of the fishery in question;
    (ii) A greater than 10-percent interest in the marketing or 
processing of the total harvest of the fishery or sector of the fishery 
in question; or
    (iii) Full or partial ownership of more than 10 percent of the 
vessels using the same gear type within the fishery or sector of the 
fishery in question.
    (4) A member of an SSC is not subject to the restrictions on voting 
under this section.
    (d) Voluntary recusal. An affected individual who believes that a 
Council decision would have a significant and predictable effect on that 
individual's financial interest disclosed under paragraph (b) of this 
section may, at any time before a vote is taken, announce to the Council 
an intent not to vote on the decision and identify the financial 
interest that would be affected.
    (e) Participation in deliberations. Notwithstanding paragraph (c) of 
this section, an affected individual who is recused from voting under 
this section may participate in Council and committee deliberations 
relating to the decision, after notifying the Council of the voting 
recusal and identifying the financial interest that would be affected.
    (f) Requests for determination. (1) At the request of an affected 
individual, the designated official shall determine for the record 
whether a Council decision would have a significant and predictable 
effect on that individual's financial interest. The determination will 
be based upon a review of the information contained in the individual's

[[Page 30]]

financial disclosure form and any other reliable and probative 
information provided in writing. All information considered will be made 
part of the public record for the decision. The affected individual may 
request a determination by notifying the designated official--
    (i) Within a reasonable time before the Council meeting at which the 
Council decision will be made; or
    (ii) During a Council meeting before a Council vote on the decision.
    (2) The designated official may initiate a determination on the 
basis of--
    (i) His or her knowledge of the fishery and the financial interests 
disclosed by an affected individual; or
    (ii) Written and signed information received within a reasonable 
time before a Council meeting or, if the issue could not have been 
anticipated before the meeting, during a Council meeting before a 
Council vote on the decision.
    (3) At the beginning of each Council meeting, or during a Council 
meeting at any time reliable and probative information is received, the 
designated official shall announce the receipt of information relevant 
to a determination concerning recusal, the nature of that information, 
and the identity of the submitter of such information.
    (4) If the designated official determines that the affected 
individual may not vote, the individual may state for the record how he 
or she would have voted. A Council Chair may not allow such an 
individual to cast a vote.
    (5) A reversal of a determination under paragraph (g) of this 
section may not be treated as cause for invalidation or reconsideration 
by the Secretary of a Council's decision.
    (g) Review of determinations. (1) Any Council member may file a 
written request to the NOAA General Counsel for review of the designated 
official's determination. A request for review must be received within 
10 days of the determination.
    (2) A request must include a full statement in support of the 
review, including a concise statement as to why the Council's decision 
did or did not have a significantly disproportionate benefit to the 
financial interest of the affected individual relative to the financial 
interests of other participants in the same gear type or sector of the 
fishery, and why the designated official's determination should be 
reversed.
    (3) If the request for review is from a Council member other than 
the affected individual whose vote is at issue, the requester must 
provide a copy of the request to the affected individual at the same 
time it is submitted to the NOAA General Counsel. The affected 
individual may submit a response to the NOAA General Counsel within 10 
days from the date of his/her receipt of the request for review.
    (4) The NOAA General Counsel must complete the review and issue a 
decision within 30 days from the date of receipt of the request for 
review. The NOAA General Counsel will limit the review to the record 
before the designated official at the time of the determination, the 
request, and any response.
    (h) The provisions of 18 U.S.C. 208 regarding conflicts of interest 
do not apply to an affected individual who is a voting member of a 
Council appointed by the Secretary, as described under section 
302(j)(1)(A)(ii) of the Magnuson-Stevens Act, and who is in compliance 
with the requirements of this section for filing a financial disclosure 
report. The provisions of 18 U.S.C. 208 do not apply to a member of an 
SSC, unless that individual is an officer or employee of the United 
States or is otherwise covered by the requirements of 18 U.S.C. 208.
    (i) It is unlawful for an affected individual to knowingly and 
willfully fail to disclose, or to falsely disclose, any financial 
interest as required by this section, or to knowingly vote on a Council 
decision in violation of this section. In addition to the penalties 
applicable under Sec. 600.735, a violation of this provision may result 
in removal of the affected individual from Council or SSC membership.

[63 FR 64185, Nov. 19, 1998, as amended at 75 FR 59152, Sept. 27, 2010]



Sec. 600.240  Security assurances.

    (a) DOC Office of Security will issue security assurances to Council 
members following completion of favorable background investigations. A 
Council member's appointment is conditional

[[Page 31]]

until such time as the background investigation has been favorably 
adjudicated. The Secretary will revoke the member's appointment if that 
member receives an unfavorable background investigation. In instances in 
which Council members may need to discuss, at closed meetings, materials 
classified for national security purposes, the agency or individual 
(e.g., Department of State, U.S. Coast Guard) providing such classified 
information will be responsible for ensuring that Council members and 
other attendees have the appropriate security clearances.
    (b) Each nominee to a Council is required to complete a 
Certification of Status form (``form''). All nominees must certify, 
pursuant to the Foreign Agents Registration Act of 1938, whether they 
serve as an agent of a foreign principal. Each nominee must certify, 
date, sign, and return the form with his or her completed nomination 
kit. Nominees will not be considered for appointment to a Council if 
they have not filed this form. Any nominee who currently is an agent of 
a foreign principal will not be eligible for appointment to a Council, 
and therefore should not be nominated by a Governor for appointment.

[61 FR 32540, June 24, 1996, as amended 75 FR 59153, Sept. 27, 2010]



Sec. 600.245  Council member compensation.

    (a) All voting Council members whose eligibility for compensation 
has been established in accordance with NOAA guidelines will be paid 
through the cooperative agreement as a direct line item on a contractual 
basis without deductions being made for Social Security or Federal and 
state income taxes. A report of compensation will be furnished each year 
by the member's Council to the proper Regional Program Officer, as 
required by the Internal Revenue Service. Such compensation may be paid 
on a full day's basis, whether in excess of 8 hours a day or less than 8 
hours a day. The time is compensable where the individual member is 
required to expend a significant private effort that substantially 
disrupts the daily routine to the extent that a work day is lost to the 
member. ``Homework'' time in preparation for formal Council meetings is 
not compensable.
    (b) Non-government Council members receive compensation for:
    (1) Days spent in actual attendance at a meeting of the Council or 
jointly with another Council.
    (2) Travel on the day preceding or following a scheduled meeting 
that precluded the member from conducting his normal business on the day 
in question.
    (3) Meetings of standing committees of the Council if approved in 
advance by the Chair.
    (4) Individual member meeting with scientific and technical 
advisors, when approved in advance by the Chair and a substantial 
portion of any day is spent at the meeting.
    (5) Conducting or attending hearings, when authorized in advance by 
the Chair.
    (6) Other meetings involving Council business when approved in 
advance by the Chair.
    (c) The Executive Director of each Council must submit to the 
appropriate Regional Office annually a report, approved by the Council 
Chair, of Council member compensation authorized. This report shall 
identify, for each member, amount paid, dates, and location and purpose 
of meetings attended.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 
FR 57888, Nov. 19, 2001]



Sec. 600.250  Council member training.

    (a) The Secretary shall provide a training course covering a variety 
of topics relevant to matters before the Councils and shall make the 
training course available to all Council members and staff and staff 
from NMFS regional offices and science centers. To the extent resources 
allow, the Secretary will make the training available to Council 
committee and advisory panel members.
    (b) Council members appointed after January 12, 2007, shall, within 
one year of appointment, complete the training course developed by the 
Secretary. Any Council member who completed such a training course 
within 24 months of January 12, 2007, is considered to have

[[Page 32]]

met the training requirement of this section.

[75 FR 59154, Sept. 27, 2010]



                      Subpart D_National Standards



Sec. 600.305  General.

    (a) Purpose. (1) This subpart establishes guidelines, based on the 
national standards, to assist in the development and review of FMPs, 
amendments, and regulations prepared by the Councils and the Secretary.
    (2) In developing FMPs, the Councils have the initial authority to 
ascertain factual circumstances, to establish management objectives, and 
to propose management measures that will achieve the objectives. The 
Secretary will determine whether the proposed management objectives and 
measures are consistent with the national standards, other provisions of 
the Magnuson-Stevens Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson-Stevens Act to inform 
the Councils of the Secretary's interpretation of the national standards 
so that they will have an understanding of the basis on which FMPs will 
be reviewed.
    (3) The national standards are statutory principles that must be 
followed in any FMP. The guidelines summarize Secretarial 
interpretations that have been, and will be, applied under these 
principles. The guidelines are intended as aids to decisionmaking; FMPs 
formulated according to the guidelines will have a better chance for 
expeditious Secretarial review, approval, and implementation. FMPs that 
are in substantial compliance with the guidelines, the Magnuson-Stevens 
Act, and other applicable law must be approved.
    (b) Fishery management objectives. (1) Each FMP, whether prepared by 
a Council or by the Secretary, should identify what the FMP is designed 
to accomplish (i.e., the management objectives to be attained in 
regulating the fishery under consideration). In establishing objectives, 
Councils balance biological constraints with human needs, reconcile 
present and future costs and benefits, and integrate the diversity of 
public and private interests. If objectives are in conflict, priorities 
should be established among them.
    (2) How objectives are defined is important to the management 
process. Objectives should address the problems of a particular fishery. 
The objectives should be clearly stated, practicably attainable, framed 
in terms of definable events and measurable benefits, and based upon a 
comprehensive rather than a fragmentary approach to the problems 
addressed. An FMP should make a clear distinction between objectives and 
the management measures chosen to achieve them. The objectives of each 
FMP provide the context within which the Secretary will judge the 
consistency of an FMP's conservation and management measures with the 
national standards.
    (c) Word usage. The word usage refers to all regulations in this 
subpart.
    (1) Must is used, instead of ``shall'', to denote an obligation to 
act; it is used primarily when referring to requirements of the 
Magnuson-Stevens Act, the logical extension thereof, or of other 
applicable law.
    (2) Shall is used only when quoting statutory language directly, to 
avoid confusion with the future tense.
    (3) Should is used to indicate that an action or consideration is 
strongly recommended to fulfill the Secretary's interpretation of the 
Magnuson-Stevens Act, and is a factor reviewers will look for in 
evaluating a SOPP or FMP.
    (4) May is used in a permissive sense.
    (5) May not is proscriptive; it has the same force as ``must not.''
    (6) Will is used descriptively, as distinguished from denoting an 
obligation to act or the future tense.
    (7) Could is used when giving examples, in a hypothetical, 
permissive sense.
    (8) Can is used to mean ``is able to,'' as distinguished from 
``may.''
    (9) Examples are given by way of illustration and further 
explanation. They are not inclusive lists; they do not limit options.
    (10) Analysis, as a paragraph heading, signals more detailed 
guidance as to the type of discussion and examination an FMP should 
contain to demonstrate compliance with the standard in question.

[[Page 33]]

    (11) Council includes the Secretary, as applicable, when preparing 
FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens 
Act.
    (12) Stock or stock complex is used as a synonym for ``fishery'' in 
the sense of the Magnuson-Stevens Act's first definition of the term; 
that is, as ``one or more stocks of fish that can be treated as a unit 
for purposes of conservation and management and that are identified on 
the basis of geographic, scientific, technical, recreational, or 
economic characteristics,'' as distinguished from the Magnuson-Stevens 
Act's second definition of fishery as ``any fishing for such stocks.''

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24229, May 1, 1998]



Sec. 600.310  National Standard 1--Optimum Yield.

    (a) Standard 1. Conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the optimum yield 
(OY) from each fishery for the U.S. fishing industry.
    (b) General. (1) The guidelines set forth in this section describe 
fishery management approaches to meet the objectives of National 
Standard 1 (NS1), and include guidance on:
    (i) Specifying maximum sustainable yield (MSY) and OY;
    (ii) Specifying status determination criteria (SDC) so that 
overfishing and overfished determinations can be made for stocks and 
stock complexes that are part of a fishery;
    (iii) Preventing overfishing and achieving OY, incorporation of 
scientific and management uncertainty in control rules, and adaptive 
management using annual catch limits (ACL) and measures to ensure 
accountability (AM); and
    (iv) Rebuilding stocks and stock complexes.
    (2) Overview of Magnuson-Stevens Act concepts and provisions related 
to NS1--(i) MSY. The Magnuson-Stevens Act establishes MSY as the basis 
for fishery management and requires that: The fishing mortality rate 
does not jeopardize the capacity of a stock or stock complex to produce 
MSY; the abundance of an overfished stock or stock complex be rebuilt to 
a level that is capable of producing MSY; and OY not exceed MSY.
    (ii) OY. The determination of OY is a decisional mechanism for 
resolving the Magnuson-Stevens Act's conservation and management 
objectives, achieving a fishery management plan's (FMP) objectives, and 
balancing the various interests that comprise the greatest overall 
benefits to the Nation. OY is based on MSY as reduced under paragraphs 
(e)(3)(iii) and (iv) of this section. The most important limitation on 
the specification of OY is that the choice of OY and the conservation 
and management measures proposed to achieve it must prevent overfishing.
    (iii) ACLs and AMs. Any FMP which is prepared by any Council shall 
establish a mechanism for specifying ACLs in the FMP (including a 
multiyear plan), implementing regulations, or annual specifications, at 
a level such that overfishing does not occur in the fishery, including 
measures to ensure accountability (Magnuson-Stevens Act section 
303(a)(15)). Subject to certain exceptions and circumstances described 
in paragraph (h) of this section, this requirement takes effect in 
fishing year 2010, for fisheries determined subject to overfishing, and 
in fishing year 2011, for all other fisheries (Magnuson-Stevens Act 
section 303 note). ``Council'' includes the Regional Fishery Management 
Councils and the Secretary of Commerce, as appropriate (see Sec. 
600.305(c)(11)).
    (iv) Reference points. SDC, MSY, acceptable biological catch (ABC), 
and ACL, which are described further in paragraphs (e) and (f) of this 
section, are collectively referred to as ``reference points.''
    (v) Scientific advice. The Magnuson-Stevens Act has requirements 
regarding scientific and statistical committees (SSC) of the Regional 
Fishery Management Councils, including but not limited to, the following 
provisions:
    (A) Each Regional Fishery Management Council shall establish an SSC 
as described in section 302(g)(1)(A) of the Magnuson-Stevens Act.
    (B) Each SSC shall provide its Regional Fishery Management Council 
recommendations for ABC as well as

[[Page 34]]

other scientific advice, as described in Magnuson-Stevens Act section 
302(g)(1)(B).
    (C) The Secretary and each Regional Fishery Management Council may 
establish a peer review process for that Council for scientific 
information used to advise the Council about the conservation and 
management of a fishery (see Magnuson-Stevens Act section 302(g)(1)(E)). 
If a peer review process is established, it should investigate the 
technical merits of stock assessments and other scientific information 
used by the SSC or agency or international scientists, as appropriate. 
For Regional Fishery Management Councils, the peer review process is not 
a substitute for the SSC and should work in conjunction with the SSC. 
For the Secretary, which does not have an SSC, the peer review process 
should provide the scientific information necessary.
    (D) Each Council shall develop ACLs for each of its managed 
fisheries that may not exceed the ``fishing level recommendations'' of 
its SSC or peer review process (Magnuson-Stevens Act section 302(h)(6)). 
The SSC recommendation that is the most relevant to ACLs is ABC, as both 
ACL and ABC are levels of annual catch.
    (3) Approach for setting limits and accountability measures, 
including targets, for consistency with NS1. In general, when specifying 
limits and accountability measures intended to avoid overfishing and 
achieve sustainable fisheries, Councils must take an approach that 
considers uncertainty in scientific information and management control 
of the fishery. These guidelines describe how to address uncertainty 
such that there is a low risk that limits are exceeded as described in 
paragraphs (f)(4) and (f)(6) of this section.
    (c) Summary of items to include in FMPs related to NS1. This section 
provides a summary of items that Councils must include in their FMPs and 
FMP amendments in order to address ACL, AM, and other aspects of the NS1 
guidelines. As described in further detail in paragraph (d) of this 
section, Councils may review their FMPs to decide if all stocks are ``in 
the fishery'' or whether some fit the category of ``ecosystem component 
species.'' Councils must also describe fisheries data for the stocks, 
stock complexes, and ecosystem component species in their FMPs, or 
associated public documents such as Stock Assessment and Fishery 
Evaluation (SAFE) Reports. For all stocks and stock complexes that are 
``in the fishery'' (see paragraph (d)(2) of this section), the Councils 
must evaluate and describe the following items in their FMPs and amend 
the FMPs, if necessary, to align their management objectives to end or 
prevent overfishing:
    (1) MSY and SDC (see paragraphs (e)(1) and (2) of this section).
    (2) OY at the stock, stock complex, or fishery level and provide the 
OY specification analysis (see paragraph (e)(3) of this section).
    (3) ABC control rule (see paragraph (f)(4) of this section).
    (4) Mechanisms for specifying ACLs and possible sector-specific ACLs 
in relationship to the ABC (see paragraphs (f)(5) and (h) of this 
section).
    (5) AMs (see paragraphs (g) and (h)(1) of this section).
    (6) Stocks and stock complexes that have statutory exceptions from 
ACLs (see paragraph (h)(2) of this section) or which fall under limited 
circumstances which require different approaches to meet the ACL 
requirements (see paragraph (h)(3) of this section).
    (d) Classifying stocks in an FMP--(1) Introduction. Magnuson-Stevens 
Act section 303(a)(2) requires that an FMP contain, among other things, 
a description of the species of fish involved in the fishery. The 
relevant Council determines which specific target stocks and/or non-
target stocks to include in a fishery. This section provides that a 
Council may, but is not required to, use an ``ecosystem component (EC)'' 
species classification. As a default, all stocks in an FMP are 
considered to be ``in the fishery,'' unless they are identified as EC 
species (see Sec. 600.310(d)(5)) through an FMP amendment process.
    (2) Stocks in a fishery. Stocks in a fishery may be grouped into 
stock complexes, as appropriate. Requirements for reference points and 
management measures for these stocks are described throughout these 
guidelines.

[[Page 35]]

    (3) ``Target stocks'' are stocks that fishers seek to catch for sale 
or personal use, including ``economic discards'' as defined under 
Magnuson-Stevens Act section 3(9).
    (4) ``Non-target species'' and ``non-target stocks'' are fish caught 
incidentally during the pursuit of target stocks in a fishery, including 
``regulatory discards'' as defined under Magnuson-Stevens Act section 
3(38). They may or may not be retained for sale or personal use. Non-
target species may be included in a fishery and, if so, they should be 
identified at the stock level. Some non-target species may be identified 
in an FMP as ecosystem component (EC) species or stocks.
    (5) Ecosystem component (EC) species. (i) To be considered for 
possible classification as an EC species, the species should:
    (A) Be a non-target species or non-target stock;
    (B) Not be determined to be subject to overfishing, approaching 
overfished, or overfished;
    (C) Not be likely to become subject to overfishing or overfished, 
according to the best available information, in the absence of 
conservation and management measures; and
    (D) Not generally be retained for sale or personal use.
    (ii) Occasional retention of the species would not, in and of 
itself, preclude consideration of the species under the EC 
classification. In addition to the general factors noted in paragraphs 
(d)(5)(i)(A)-(D) of this section, it is important to consider whether 
use of the EC species classification in a given instance is consistent 
with MSA conservation and management requirements.
    (iii) EC species may be identified at the species or stock level, 
and may be grouped into complexes. EC species may, but are not required 
to, be included in an FMP or FMP amendment for any of the following 
reasons: For data collection purposes; for ecosystem considerations 
related to specification of OY for the associated fishery; as 
considerations in the development of conservation and management 
measures for the associated fishery; and/or to address other ecosystem 
issues. While EC species are not considered to be ``in the fishery,'' a 
Council should consider measures for the fishery to minimize bycatch and 
bycatch mortality of EC species consistent with National Standard 9, and 
to protect their associated role in the ecosystem. EC species do not 
require specification of reference points but should be monitored to the 
extent that any new pertinent scientific information becomes available 
(e.g., catch trends, vulnerability, etc.) to determine changes in their 
status or their vulnerability to the fishery. If necessary, they should 
be reclassified as ``in the fishery.''
    (6) Reclassification. A Council should monitor the catch resulting 
from a fishery on a regular basis to determine if the stocks and species 
are appropriately classified in the FMP. If the criteria previously used 
to classify a stock or species is no longer valid, the Council should 
reclassify it through an FMP amendment, which documents rationale for 
the decision.
    (7) Stocks or species identified in more than one FMP. If a stock is 
identified in more than one fishery, Councils should choose which FMP 
will be the primary FMP in which management objectives, SDC, the stock's 
overall ACL and other reference points for the stock are established. 
Conservation and management measures in other FMPs in which the stock is 
identified as part of a fishery should be consistent with the primary 
FMP's management objectives for the stock.
    (8) Stock complex. ``Stock complex'' means a group of stocks that 
are sufficiently similar in geographic distribution, life history, and 
vulnerabilities to the fishery such that the impact of management 
actions on the stocks is similar. At the time a stock complex is 
established, the FMP should provide a full and explicit description of 
the proportional composition of each stock in the stock complex, to the 
extent possible. Stocks may be grouped into complexes for various 
reasons, including where stocks in a multispecies fishery cannot be 
targeted independent of one another and MSY can not be defined on a 
stock-by-stock basis (see paragraph (e)(1)(iii) of this section); where 
there is insufficient data to measure their status relative to SDC; or 
when it is

[[Page 36]]

not feasible for fishermen to distinguish individual stocks among their 
catch. The vulnerability of stocks to the fishery should be evaluated 
when determining if a particular stock complex should be established or 
reorganized, or if a particular stock should be included in a complex. 
Stock complexes may be comprised of: one or more indicator stocks, each 
of which has SDC and ACLs, and several other stocks; several stocks 
without an indicator stock, with SDC and an ACL for the complex as a 
whole; or one of more indicator stocks, each of which has SDC and 
management objectives, with an ACL for the complex as a whole (this 
situation might be applicable to some salmon species).
    (9) Indicator stocks. An indicator stock is a stock with measurable 
SDC that can be used to help manage and evaluate more poorly known 
stocks that are in a stock complex. If an indicator stock is used to 
evaluate the status of a complex, it should be representative of the 
typical status of each stock within the complex, due to similarity in 
vulnerability. If the stocks within a stock complex have a wide range of 
vulnerability, they should be reorganized into different stock complexes 
that have similar vulnerabilities; otherwise the indicator stock should 
be chosen to represent the more vulnerable stocks within the complex. In 
instances where an indicator stock is less vulnerable than other members 
of the complex, management measures need to be more conservative so that 
the more vulnerable members of the complex are not at risk from the 
fishery. More than one indicator stock can be selected to provide more 
information about the status of the complex. When indicator stock(s) are 
used, periodic re-evaluation of available quantitative or qualitative 
information (e.g., catch trends, changes in vulnerability, fish health 
indices, etc.) is needed to determine whether a stock is subject to 
overfishing, or is approaching (or in) an overfished condition.
    (10) Vulnerability. A stock's vulnerability is a combination of its 
productivity, which depends upon its life history characteristics, and 
its susceptibility to the fishery. Productivity refers to the capacity 
of the stock to produce MSY and to recover if the population is 
depleted, and susceptibility is the potential for the stock to be 
impacted by the fishery, which includes direct captures, as well as 
indirect impacts to the fishery (e.g., loss of habitat quality). 
Councils in consultation with their SSC, should analyze the 
vulnerability of stocks in stock complexes where possible.
    (e) Features of MSY, SDC, and OY--(1) MSY. Each FMP must include an 
estimate of MSY for the stocks and stock complexes in the fishery, as 
described in paragraph (d)(2) of this section).
    (i) Definitions. (A) MSY is the largest long-term average catch or 
yield that can be taken from a stock or stock complex under prevailing 
ecological, environmental conditions and fishery technological 
characteristics (e.g., gear selectivity), and the distribution of catch 
among fleets.
    (B) MSY fishing mortality rate (Fmsy) is the fishing mortality rate 
that, if applied over the long term, would result in MSY.
    (C) MSY stock size (Bmsy) means the long-term average size of the 
stock or stock complex, measured in terms of spawning biomass or other 
appropriate measure of the stock's reproductive potential that would be 
achieved by fishing at Fmsy.
    (ii) MSY for stocks. MSY should be estimated for each stock based on 
the best scientific information available (see Sec. 600.315).
    (iii) MSY for stock complexes. MSY should be estimated on a stock-
by-stock basis whenever possible. However, where MSY cannot be estimated 
for each stock in a stock complex, then MSY may be estimated for one or 
more indicator stocks for the complex or for the complex as a whole. 
When indicator stocks are used, the stock complex's MSY could be listed 
as ``unknown,'' while noting that the complex is managed on the basis of 
one or more indicator stocks that do have known stock-specific MSYs, or 
suitable proxies, as described in paragraph (e)(1)(iv) of this section. 
When indicator stocks are not used, MSY, or a suitable proxy, should be 
calculated for the stock complex as a whole.

[[Page 37]]

    (iv) Specifying MSY. Because MSY is a long-term average, it need not 
be estimated annually, but it must be based on the best scientific 
information available (see Sec. 600.315), and should be re-estimated as 
required by changes in long-term environmental or ecological conditions, 
fishery technological characteristics, or new scientific information. 
When data are insufficient to estimate MSY directly, Councils should 
adopt other measures of reproductive potential, based on the best 
scientific information available, that can serve as reasonable proxies 
for MSY, Fmsy, and Bmsy, to the extent possible. 
The MSY for a stock is influenced by its interactions with other stocks 
in its ecosystem and these interactions may shift as multiple stocks in 
an ecosystem are fished. These ecological conditions should be taken 
into account, to the extent possible, when specifying MSY. Ecological 
conditions not directly accounted for in the specification of MSY can be 
among the ecological factors considered when setting OY below MSY. As 
MSY values are estimates or are based on proxies, they will have some 
level of uncertainty associated with them. The degree of uncertainty in 
the estimates should be identified, when possible, through the stock 
assessment process and peer review (see Sec. 600.335), and should be 
taken into account when specifying the ABC Control rule. Where this 
uncertainty cannot be directly calculated, such as when proxies are 
used, then a proxy for the uncertainty itself should be established 
based on the best scientific information, including comparison to other 
stocks.
    (2) Status determination criteria--(i) Definitions. (A) Status 
determination criteria (SDC) mean the quantifiable factors, MFMT, OFL, 
and MSST, or their proxies, that are used to determine if overfishing 
has occurred, or if the stock or stock complex is overfished. Magnuson-
Stevens Act (section 3(34)) defines both ``overfishing'' and 
``overfished'' to mean a rate or level of fishing mortality that 
jeopardizes the capacity of a fishery to produce the MSY on a continuing 
basis. To avoid confusion, this section clarifies that ``overfished'' 
relates to biomass of a stock or stock complex, and ``overfishing'' 
pertains to a rate or level of removal of fish from a stock or stock 
complex.
    (B) Overfishing (to overfish) occurs whenever a stock or stock 
complex is subjected to a level of fishing mortality or annual total 
catch that jeopardizes the capacity of a stock or stock complex to 
produce MSY on a continuing basis.
    (C) Maximum fishing mortality threshold (MFMT) means the level of 
fishing mortality (F), on an annual basis, above which overfishing is 
occurring. The MFMT or reasonable proxy may be expressed either as a 
single number (a fishing mortality rate or F value), or as a function of 
spawning biomass or other measure of reproductive potential.
    (D) Overfishing limit (OFL) means the annual amount of catch that 
corresponds to the estimate of MFMT applied to a stock or stock 
complex's abundance and is expressed in terms of numbers or weight of 
fish. The OFL is an estimate of the catch level above which overfishing 
is occurring.
    (E) Overfished. A stock or stock complex is considered 
``overfished'' when its biomass has declined below a level that 
jeopardizes the capacity of the stock or stock complex to produce MSY on 
a continuing basis.
    (F) Minimum stock size threshold (MSST) means the level of biomass 
below which the stock or stock complex is considered to be overfished.
    (G) Approaching an overfished condition. A stock or stock complex is 
approaching an overfished condition when it is projected that there is 
more than a 50 percent chance that the biomass of the stock or stock 
complex will decline below the MSST within two years.
    (ii) Specification of SDC and overfishing and overfished 
determinations. SDC must be expressed in a way that enables the Council 
to monitor each stock or stock complex in the FMP, and determine 
annually, if possible, whether overfishing is occurring and whether the 
stock or stock complex is overfished. In specifying SDC, a Council must 
provide an analysis of how the SDC were chosen and how they relate to 
reproductive potential. Each FMP must specify, to the extent possible,

[[Page 38]]

objective and measurable SDC as follows (see paragraphs (e)(2)(ii)(A) 
and (B) of this section):
    (A) SDC to determine overfishing status. Each FMP must describe 
which of the following two methods will be used for each stock or stock 
complex to determine an overfishing status.
    (1) Fishing mortality rate exceeds MFMT. Exceeding the MFMT for a 
period of 1 year or more constitutes overfishing. The MFMT or reasonable 
proxy may be expressed either as a single number (a fishing mortality 
rate or F value), or as a function of spawning biomass or other measure 
of reproductive potential.
    (2) Catch exceeds the OFL. Should the annual catch exceed the annual 
OFL for 1 year or more, the stock or stock complex is considered subject 
to overfishing.
    (B) SDC to determine overfished status. The MSST or reasonable proxy 
must be expressed in terms of spawning biomass or other measure of 
reproductive potential. To the extent possible, the MSST should equal 
whichever of the following is greater: One-half the MSY stock size, or 
the minimum stock size at which rebuilding to the MSY level would be 
expected to occur within 10 years, if the stock or stock complex were 
exploited at the MFMT specified under paragraph (e)(2)(ii)(A)(1) of this 
section. Should the estimated size of the stock or stock complex in a 
given year fall below this threshold, the stock or stock complex is 
considered overfished.
    (iii) Relationship of SDC to environmental change. Some short-term 
environmental changes can alter the size of a stock or stock complex 
without affecting its long-term reproductive potential. Long-term 
environmental changes affect both the short-term size of the stock or 
stock complex and the long-term reproductive potential of the stock or 
stock complex.
    (A) If environmental changes cause a stock or stock complex to fall 
below its MSST without affecting its long-term reproductive potential, 
fishing mortality must be constrained sufficiently to allow rebuilding 
within an acceptable time frame (also see paragraph (j)(3)(ii) of this 
section). SDC should not be respecified.
    (B) If environmental changes affect the long-term reproductive 
potential of the stock or stock complex, one or more components of the 
SDC must be respecified. Once SDC have been respecified, fishing 
mortality may or may not have to be reduced, depending on the status of 
the stock or stock complex with respect to the new criteria.
    (C) If manmade environmental changes are partially responsible for a 
stock or stock complex being in an overfished condition, in addition to 
controlling fishing mortality, Councils should recommend restoration of 
habitat and other ameliorative programs, to the extent possible (see 
also the guidelines issued pursuant to section 305(b) of the Magnuson-
Stevens Act for Council actions concerning essential fish habitat).
    (iv) Secretarial approval of SDC. Secretarial approval or 
disapproval of proposed SDC will be based on consideration of whether 
the proposal:
    (A) Has sufficient scientific merit;
    (B) Contains the elements described in paragraph (e)(2)(ii) of this 
section;
    (C) Provides a basis for objective measurement of the status of the 
stock or stock complex against the criteria; and
    (D) Is operationally feasible.
    (3) Optimum yield--(i) Definitions--(A) Optimum yield (OY). 
Magnuson-Stevens Act section (3)(33) defines ``optimum,'' with respect 
to the yield from a fishery, as the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities and taking into account 
the protection of marine ecosystems; that is prescribed on the basis of 
the MSY from the fishery, as reduced by any relevant economic, social, 
or ecological factor; and, in the case of an overfished fishery, that 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery. OY may be established at the stock or stock complex level, 
or at the fishery level.
    (B) In NS1, use of the phrase ``achieving, on a continuing basis, 
the optimum yield from each fishery'' means producing, from each stock, 
stock complex, or fishery: a long-term

[[Page 39]]

series of catches such that the average catch is equal to the OY, 
overfishing is prevented, the long term average biomass is near or above 
Bmsy, and overfished stocks and stock complexes are rebuilt 
consistent with timing and other requirements of section 304(e)(4) of 
the Magnuson-Stevens Act and paragraph (j) of this section.
    (ii) General. OY is a long-term average amount of desired yield from 
a stock, stock complex, or fishery. An FMP must contain conservation and 
management measures, including ACLs and AMs, to achieve OY on a 
continuing basis, and provisions for information collection that are 
designed to determine the degree to which OY is achieved. These measures 
should allow for practical and effective implementation and enforcement 
of the management regime. The Secretary has an obligation to implement 
and enforce the FMP. If management measures prove unenforceable--or too 
restrictive, or not rigorous enough to prevent overfishing while 
achieving OY--they should be modified; an alternative is to reexamine 
the adequacy of the OY specification. Exceeding OY does not necessarily 
constitute overfishing. However, even if no overfishing resulted from 
exceeding OY, continual harvest at a level above OY would violate NS1, 
because OY was not achieved on a continuing basis. An FMP must contain 
an assessment and specification of OY, including a summary of 
information utilized in making such specification, consistent with 
requirements of section 303(a)(3) of the Magnuson-Stevens Act. A Council 
must identify those economic, social, and ecological factors relevant to 
management of a particular stock, stock complex, or fishery, and then 
evaluate them to determine the OY. The choice of a particular OY must be 
carefully documented to show that the OY selected will produce the 
greatest benefit to the Nation and prevent overfishing.
    (iii) Determining the greatest benefit to the Nation. In determining 
the greatest benefit to the Nation, the values that should be weighed 
and receive serious attention when considering the economic, social, or 
ecological factors used in reducing MSY to obtain OY are:
    (A) The benefits of food production are derived from providing 
seafood to consumers; maintaining an economically viable fishery 
together with its attendant contributions to the national, regional, and 
local economies; and utilizing the capacity of the Nation's fishery 
resources to meet nutritional needs.
    (B) The benefits of recreational opportunities reflect the quality 
of both the recreational fishing experience and non-consumptive fishery 
uses such as ecotourism, fish watching, and recreational diving. 
Benefits also include the contribution of recreational fishing to the 
national, regional, and local economies and food supplies.
    (C) The benefits of protection afforded to marine ecosystems are 
those resulting from maintaining viable populations (including those of 
unexploited species), maintaining adequate forage for all components of 
the ecosystem, maintaining evolutionary and ecological processes (e.g., 
disturbance regimes, hydrological processes, nutrient cycles), 
maintaining the evolutionary potential of species and ecosystems, and 
accommodating human use.
    (iv) Factors to consider in OY specification. Because fisheries have 
limited capacities, any attempt to maximize the measures of benefits 
described in paragraph (e)(3)(iii) of this section will inevitably 
encounter practical constraints. OY cannot exceed MSY in any 
circumstance, and must take into account the need to prevent overfishing 
and rebuild overfished stocks and stock complexes. OY is prescribed on 
the basis of MSY as reduced by social, economic, and ecological factors. 
To the extent possible, the relevant social, economic, and ecological 
factors used to establish OY for a stock, stock complex, or fishery 
should be quantified and reviewed in historical, short-term, and long-
term contexts. Even where quantification of social, economic, and 
ecological factors is not possible, the FMP still must address them in 
its OY specification. The following is a non-exhaustive list of 
potential considerations for each factor. An FMP must address each 
factor but not necessarily each example.

[[Page 40]]

    (A) Social factors. Examples are enjoyment gained from recreational 
fishing, avoidance of gear conflicts and resulting disputes, 
preservation of a way of life for fishermen and their families, and 
dependence of local communities on a fishery (e.g., involvement in 
fisheries and ability to adapt to change). Consideration may be given to 
fishery-related indicators (e.g., number of fishery permits, number of 
commercial fishing vessels, number of party and charter trips, landings, 
ex-vessel revenues etc.) and non-fishery related indicators (e.g., 
unemployment rates, percent of population below the poverty level, 
population density, etc.). Other factors that may be considered include 
the effects that past harvest levels have had on fishing communities, 
the cultural place of subsistence fishing, obligations under Indian 
treaties, proportions of affected minority and low-income groups, and 
worldwide nutritional needs.
    (B) Economic factors. Examples are prudent consideration of the risk 
of overharvesting when a stock's size or reproductive potential is 
uncertain (see Sec. 600.335(c)(2)(i)), satisfaction of consumer and 
recreational needs, and encouragement of domestic and export markets for 
U.S. harvested fish. Other factors that may be considered include: The 
value of fisheries, the level of capitalization, the decrease in cost 
per unit of catch afforded by an increase in stock size, the attendant 
increase in catch per unit of effort, alternate employment 
opportunities, and economic contribution to fishing communities, coastal 
areas, affected states, and the nation.
    (C) Ecological factors. Examples include impacts on ecosystem 
component species, forage fish stocks, other fisheries, predator-prey or 
competitive interactions, marine mammals, threatened or endangered 
species, and birds. Species interactions that have not been explicitly 
taken into account when calculating MSY should be considered as relevant 
factors for setting OY below MSY. In addition, consideration should be 
given to managing forage stocks for higher biomass than Bmsy 
to enhance and protect the marine ecosystem. Also important are 
ecological or environmental conditions that stress marine organisms, 
such as natural and manmade changes in wetlands or nursery grounds, and 
effects of pollutants on habitat and stocks.
    (v) Specification of OY. The specification of OY must be consistent 
with paragraphs (e)(3)(i)-(iv) of this section. If the estimates of MFMT 
and current biomass are known with a high level of certainty and 
management controls can accurately limit catch then OY could be set very 
close to MSY, assuming no other reductions are necessary for social, 
economic, or ecological factors. To the degree that such MSY estimates 
and management controls are lacking or unavailable, OY should be set 
farther from MSY. If management measures cannot adequately control 
fishing mortality so that the specified OY can be achieved without 
overfishing, the Council should reevaluate the management measures and 
specification of OY so that the dual requirements of NS1 (preventing 
overfishing while achieving, on a continuing basis, OY) are met.
    (A) The amount of fish that constitutes the OY should be expressed 
in terms of numbers or weight of fish.
    (B) Either a range or a single value may be specified for OY.
    (C) All catch must be counted against OY, including that resulting 
from bycatch, scientific research, and all fishing activities.
    (D) The OY specification should be translatable into an annual 
numerical estimate for the purposes of establishing any total allowable 
level of foreign fishing (TALFF) and analyzing impacts of the management 
regime.
    (E) The determination of OY is based on MSY, directly or through 
proxy. However, even where sufficient scientific data as to the 
biological characteristics of the stock do not exist, or where the 
period of exploitation or investigation has not been long enough for 
adequate understanding of stock dynamics, or where frequent large-scale 
fluctuations in stock size diminish the meaningfulness of the MSY 
concept, OY must still be established based on the best scientific 
information available.
    (F) An OY established at a fishery level may not exceed the sum of 
the

[[Page 41]]

MSY values for each of the stocks or stock complexes within the fishery.
    (G) There should be a mechanism in the FMP for periodic reassessment 
of the OY specification, so that it is responsive to changing 
circumstances in the fishery.
    (H) Part of the OY may be held as a reserve to allow for factors 
such as uncertainties in estimates of stock size and domestic annual 
harvest (DAH). If an OY reserve is established, an adequate mechanism 
should be included in the FMP to permit timely release of the reserve to 
domestic or foreign fishermen, if necessary.
    (vi) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens 
Act provides that fishing by foreign nations is limited to that portion 
of the OY that will not be harvested by vessels of the United States. 
The FMP must include an assessment to address the following, as required 
by section 303(a)(4) of the Magnuson-Stevens Act:
    (A) DAH. Councils and/or the Secretary must consider the capacity 
of, and the extent to which, U.S. vessels will harvest the OY on an 
annual basis. Estimating the amount that U.S. fishing vessels will 
actually harvest is required to determine the surplus.
    (B) Domestic annual processing (DAP). Each FMP must assess the 
capacity of U.S. processors. It must also assess the amount of DAP, 
which is the sum of two estimates: The estimated amount of U.S. harvest 
that domestic processors will process, which may be based on historical 
performance or on surveys of the expressed intention of manufacturers to 
process, supported by evidence of contracts, plant expansion, or other 
relevant information; and the estimated amount of fish that will be 
harvested by domestic vessels, but not processed (e.g., marketed as 
fresh whole fish, used for private consumption, or used for bait).
    (C) Joint venture processing (JVP). When DAH exceeds DAP, the 
surplus is available for JVP.
    (f) Acceptable biological catch, annual catch limits, and annual 
catch targets. The following features (see paragraphs (f)(1) through 
(f)(5) of this section) of acceptable biological catch and annual catch 
limits apply to stocks and stock complexes in the fishery (see paragraph 
(d)(2) of this section).
    (1) Introduction. A control rule is a policy for establishing a 
limit or target fishing level that is based on the best available 
scientific information and is established by fishery managers in 
consultation with fisheries scientists. Control rules should be designed 
so that management actions become more conservative as biomass 
estimates, or other proxies, for a stock or stock complex decline and as 
science and management uncertainty increases. Examples of scientific 
uncertainty include uncertainty in the estimates of MFMT and biomass. 
Management uncertainty may include late catch reporting, misreporting, 
and underreporting of catches and is affected by a fishery's ability to 
control actual catch. For example, a fishery that has inseason catch 
data available and inseason closure authority has better management 
control and precision than a fishery that does not have these features.
    (2) Definitions. (i) Catch is the total quantity of fish, measured 
in weight or numbers of fish, taken in commercial, recreational, 
subsistence, tribal, and other fisheries. Catch includes fish that are 
retained for any purpose, as well as mortality of fish that are 
discarded.
    (ii) Acceptable biological catch (ABC) is a level of a stock or 
stock complex's annual catch that accounts for the scientific 
uncertainty in the estimate of OFL and any other scientific uncertainty 
(see paragraph (f)(3) of this section), and should be specified based on 
the ABC control rule.
    (iii) ABC control rule means a specified approach to setting the ABC 
for a stock or stock complex as a function of the scientific uncertainty 
in the estimate of OFL and any other scientific uncertainty (see 
paragraph (f)(4) of this section).
    (iv) Annual catch limit (ACL) is the level of annual catch of a 
stock or stock complex that serves as the basis for invoking AMs. ACL 
cannot exceed the ABC, but may be divided into sector-ACLs (see 
paragraph (f)(5) of this section).
    (v) Annual catch target (ACT) is an amount of annual catch of a 
stock or stock complex that is the management target of the fishery, and 
accounts for

[[Page 42]]

management uncertainty in controlling the actual catch at or below the 
ACL. ACTs are recommended in the system of accountability measures so 
that ACL is not exceeded.
    (vi) ACT control rule means a specified approach to setting the ACT 
for a stock or stock complex such that the risk of exceeding the ACL due 
to management uncertainty is at an acceptably low level.
    (3) Specification of ABC. ABC may not exceed OFL (see paragraph 
(e)(2)(i)(D) of this section). Councils should develop a process for 
receiving scientific information and advice used to establish ABC. This 
process should: Identify the body that will apply the ABC control rule 
(i.e. , calculates the ABC), and identify the review process that will 
evaluate the resulting ABC. The SSC must recommend the ABC to the 
Council. An SSC may recommend an ABC that differs from the result of the 
ABC control rule calculation, based on factors such as data uncertainty, 
recruitment variability, declining trends in population variables, and 
other factors, but must explain why. For Secretarial FMPs or FMP 
amendments, agency scientists or a peer review process would provide the 
scientific advice to establish ABC. For internationally-assessed stocks, 
an ABC as defined in these guidelines is not required if they meet the 
international exception (see paragraph (h)(2)(ii)). While the ABC is 
allowed to equal OFL, NMFS expects that in most cases ABC will be 
reduced from OFL to reduce the probability that overfishing might occur 
in a year. Also, see paragraph (f)(5) of this section for cases where a 
Council recommends that ACL is equal to ABC, and ABC is equal to OFL.
    (i) Expression of ABC. ABC should be expressed in terms of catch, 
but may be expressed in terms of landings as long as estimates of 
bycatch and any other fishing mortality not accounted for in the 
landings are incorporated into the determination of ABC.
    (ii) ABC for overfished stocks. For overfished stocks and stock 
complexes, a rebuilding ABC must be set to reflect the annual catch that 
is consistent with the schedule of fishing mortality rates in the 
rebuilding plan.
    (4) ABC control rule. For stocks and stock complexes required to 
have an ABC, each Council must establish an ABC control rule based on 
scientific advice from its SSC. The determination of ABC should be 
based, when possible, on the probability that an actual catch equal to 
the stock's ABC would result in overfishing. This probability that 
overfishing will occur cannot exceed 50 percent and should be a lower 
value. The ABC control rule should consider reducing fishing mortality 
as stock size declines and may establish a stock abundance level below 
which fishing would not be allowed. The process of establishing an ABC 
control rule could also involve science advisors or the peer review 
process established under Magnuson-Stevens Act section 302(g)(1)(E). The 
ABC control rule must articulate how ABC will be set compared to the OFL 
based on the scientific knowledge about the stock or stock complex and 
the scientific uncertainty in the estimate of OFL and any other 
scientific uncertainty. The ABC control rule should consider uncertainty 
in factors such as stock assessment results, time lags in updating 
assessments, the degree of retrospective revision of assessment results, 
and projections. The control rule may be used in a tiered approach to 
address different levels of scientific uncertainty.
    (5) Setting the annual catch limit--(i) General. ACL cannot exceed 
the ABC and may be set annually or on a multiyear plan basis. ACLs in 
coordination with AMs must prevent overfishing (see MSA section 
303(a)(15)). If a Council recommends an ACL which equals ABC, and the 
ABC is equal to OFL, the Secretary may presume that the proposal would 
not prevent overfishing, in the absence of sufficient analysis and 
justification for the approach. A ``multiyear plan'' as referenced in 
section 303(a)(15) of the Magnuson-Stevens Act is a plan that 
establishes harvest specifications or harvest guidelines for each year 
of a time period greater than 1 year. A multiyear plan must include a 
mechanism for specifying ACLs for each year with appropriate AMs to 
prevent overfishing and maintain an appropriate rate of rebuilding if 
the stock or stock complex is in a rebuilding plan. A multiyear

[[Page 43]]

plan must provide that, if an ACL is exceeded for a year, then AMs are 
triggered for the next year consistent with paragraph (g)(3) of this 
section.
    (ii) Sector-ACLs. A Council may, but is not required to, divide an 
ACL into sector-ACLs. ``Sector,'' for purposes of this section, means a 
distinct user group to which separate management strategies and separate 
catch quotas apply. Examples of sectors include the commercial sector, 
recreational sector, or various gear groups within a fishery. If the 
management measures for different sectors differ in the degree of 
management uncertainty, then sector ACLs may be necessary so that 
appropriate AMs can be developed for each sector. If a Council chooses 
to use sector ACLs, the sum of sector ACLs must not exceed the stock or 
stock complex level ACL. The system of ACLs and AMs designed must be 
effective in protecting the stock or stock complex as a whole. Even if 
sector-ACLs and AMs are established, additional AMs at the stock or 
stock complex level may be necessary.
    (iii) ACLs for State-Federal Fisheries. For stocks or stock 
complexes that have harvest in state or territorial waters, FMPs and FMP 
amendments should include an ACL for the overall stock that may be 
further divided. For example, the overall ACL could be divided into a 
Federal-ACL and state-ACL. However, NMFS recognizes that Federal 
management is limited to the portion of the fishery under Federal 
authority (see paragraph (g)(5) of this section). When stocks are co-
managed by Federal, state, tribal, and/or territorial fishery managers, 
the goal should be to develop collaborative conservation and management 
strategies, and scientific capacity to support such strategies 
(including AMs for state or territorial and Federal waters), to prevent 
overfishing of shared stocks and ensure their sustainability.
    (6) ACT control rule. If ACT is specified as part of the AMs for a 
fishery, an ACT control rule is utilized for setting the ACT. The ACT 
control rule should clearly articulate how management uncertainty in the 
amount of catch in the fishery is accounted for in setting ACT. The 
objective for establishing the ACT and related AMs is that the ACL not 
be exceeded.
    (i) Determining management uncertainty. Two sources of management 
uncertainty should be accounted for in establishing the AMs for a 
fishery, including the ACT control rule if utilized: Uncertainty in the 
ability of managers to constrain catch so the ACL is not exceeded, and 
uncertainty in quantifying the true catch amounts (i.e., estimation 
errors). To determine the level of management uncertainty in controlling 
catch, analyses need to consider past management performance in the 
fishery and factors such as time lags in reported catch. Such analyses 
must be based on the best available scientific information from an SSC, 
agency scientists, or peer review process as appropriate.
    (ii) Establishing tiers and corresponding ACT control rules. Tiers 
can be established based on levels of management uncertainty associated 
with the fishery, frequency and accuracy of catch monitoring data 
available, and risks of exceeding the limit. An ACT control rule could 
be established for each tier and have, as appropriate, different 
formulas and standards used to establish the ACT.
    (7) A Council may choose to use a single control rule that combines 
both scientific and management uncertainty and supports the ABC 
recommendation and establishment of ACL and if used ACT.
    (g) Accountability measures. The following features (see paragraphs 
(g)(1) through (5) of this section) of accountability measures apply to 
those stocks and stock complexes in the fishery.
    (1) Introduction. AMs are management controls to prevent ACLs, 
including sector-ACLs, from being exceeded, and to correct or mitigate 
overages of the ACL if they occur. AMs should address and minimize both 
the frequency and magnitude of overages and correct the problems that 
caused the overage in as short a time as possible. NMFS identifies two 
categories of AMs, inseason AMs and AMs for when the ACL is exceeded.
    (2) Inseason AMs. Whenever possible, FMPs should include inseason 
monitoring and management measures to prevent catch from exceeding ACLs.

[[Page 44]]

Inseason AMs could include, but are not limited to: ACT; closure of a 
fishery; closure of specific areas; changes in gear; changes in trip 
size or bag limits; reductions in effort; or other appropriate 
management controls for the fishery. If final data or data components of 
catch are delayed, Councils should make appropriate use of preliminary 
data, such as landed catch, in implementing inseason AMs. FMPs should 
contain inseason closure authority giving NMFS the ability to close 
fisheries if it determines, based on data that it deems sufficiently 
reliable, that an ACL has been exceeded or is projected to be reached, 
and that closure of the fishery is necessary to prevent overfishing. For 
fisheries without inseason management control to prevent the ACL from 
being exceeded, AMs should utilize ACTs that are set below ACLs so that 
catches do not exceed the ACL.
    (3) AMs for when the ACL is exceeded. On an annual basis, the 
Council must determine as soon as possible after the fishing year if an 
ACL was exceeded. If an ACL was exceeded, AMs must be triggered and 
implemented as soon as possible to correct the operational issue that 
caused the ACL overage, as well as any biological consequences to the 
stock or stock complex resulting from the overage when it is known. 
These AMs could include, among other things, modifications of inseason 
AMs or overage adjustments. For stocks and stock complexes in rebuilding 
plans, the AMs should include overage adjustments that reduce the ACLs 
in the next fishing year by the full amount of the overages, unless the 
best scientific information available shows that a reduced overage 
adjustment, or no adjustment, is needed to mitigate the effects of the 
overages. If catch exceeds the ACL for a given stock or stock complex 
more than once in the last four years, the system of ACLs and AMs should 
be re-evaluated, and modified if necessary, to improve its performance 
and effectiveness. A Council could choose a higher performance standard 
(e.g., a stock's catch should not exceed its ACL more often than once 
every five or six years) for a stock that is particularly vulnerable to 
the effects of overfishing, if the vulnerability of the stock has not 
already been accounted for in the ABC control rule.
    (4) AMs based on multi-year average data. Some fisheries have highly 
variable annual catches and lack reliable inseason or annual data on 
which to base AMs. If there are insufficient data upon which to compare 
catch to ACL, either inseason or on an annual basis, AMs could be based 
on comparisons of average catch to average ACL over a three-year moving 
average period or, if supported by analysis, some other appropriate 
multi-year period. Councils should explain why basing AMs on a multi-
year period is appropriate. Evaluation of the moving average catch to 
the average ACL must be conducted annually and AMs should be implemented 
if the average catch exceeds the average ACL. As a performance standard, 
if the average catch exceeds the average ACL for a stock or stock 
complex more than once in the last four years, then the system of ACLs 
and AMs should be re-evaluated and modified if necessary to improve its 
performance and effectiveness. The initial ACL and management measures 
may incorporate information from previous years so that AMs based on 
average ACLs can be applied from the first year. Alternatively, a 
Council could use a stepped approach where in year-1, catch is compared 
to the ACL for year-1; in year-2 the average catch for the past 2 years 
is compared to the average ACL; then in year 3 and beyond, the most 
recent 3 years of catch are compared to the corresponding ACLs for those 
years.
    (5) AMs for State-Federal Fisheries. For stocks or stock complexes 
that have harvest in state or territorial waters, FMPs and FMP 
amendments must, at a minimum, have AMs for the portion of the fishery 
under Federal authority. Such AMs could include closing the EEZ when the 
Federal portion of the ACL is reached, or the overall stock's ACL is 
reached, or other measures.
    (h) Establishing ACL mechanisms and AMs in FMPs. FMPs or FMP 
amendments must establish ACL mechanisms and AMs for all stocks and 
stock complexes in the fishery, unless paragraph (h)(2) of this section 
is applicable. These mechanisms should describe the

[[Page 45]]

annual or multiyear process by which specific ACLs, AMs, and other 
reference points such as OFL, and ABC will be established. If a complex 
has multiple indicator stocks, each indicator stock must have its own 
ACL; an additional ACL for the stock complex as a whole is optional. In 
cases where fisheries (e.g., Pacific salmon) harvest multiple indicator 
stocks of a single species that cannot be distinguished at the time of 
capture, separate ACLs for the indicator stocks are not required and the 
ACL can be established for the complex as a whole.
    (1) In establishing ACL mechanisms and AMs, FMPs should describe:
    (i) Timeframes for setting ACLs (e.g., annually or multi-year 
periods);
    (ii) Sector-ACLs, if any (including set-asides for research or 
bycatch);
    (iii) AMs and how AMs are triggered and what sources of data will be 
used (e.g., inseason data, annual catch compared to the ACL, or multi-
year averaging approach); and
    (iv) Sector-AMs, if there are sector-ACLs.
    (2) Exceptions from ACL and AM requirements--(i) Life cycle. Section 
303(a)(15) of the Magnuson-Stevens Act ``shall not apply to a fishery 
for species that has a life cycle of approximately 1 year unless the 
Secretary has determined the fishery is subject to overfishing of that 
species'' (as described in Magnuson-Stevens Act section 303 note). This 
exception applies to a stock for which the average length of time it 
takes for an individual to produce a reproductively active offspring is 
approximately 1 year and that the individual has only one breeding 
season in its lifetime. While exempt from the ACL and AM requirements, 
FMPs or FMP amendments for these stocks must have SDC, MSY, OY, ABC, and 
an ABC control rule.
    (ii) International fishery agreements. Section 303(a)(15) of the 
Magnuson-Stevens Act applies ``unless otherwise provided for under an 
international agreement in which the United States participates'' 
(Magnuson-Stevens Act section 303 note). This exception applies to 
stocks or stock complexes subject to management under an international 
agreement, which is defined as ``any bilateral or multilateral treaty, 
convention, or agreement which relates to fishing and to which the 
United States is a party'' (see Magnuson-Stevens Act section 3(24)). 
These stocks would still need to have SDC and MSY.
    (3) Flexibility in application of NS1 guidelines. There are limited 
circumstances that may not fit the standard approaches to specification 
of reference points and management measures set forth in these 
guidelines. These include, among other things, conservation and 
management of Endangered Species Act listed species, harvests from 
aquaculture operations, and stocks with unusual life history 
characteristics (e.g., Pacific salmon, where the spawning potential for 
a stock is spread over a multi-year period). In these circumstances, 
Councils may propose alternative approaches for satisfying the NS1 
requirements of the Magnuson-Stevens Act than those set forth in these 
guidelines. Councils must document their rationale for any alternative 
approaches for these limited circumstances in an FMP or FMP amendment, 
which will be reviewed for consistency with the Magnuson-Stevens Act.
    (i) Fisheries data. In their FMPs, or associated public documents 
such as SAFE reports as appropriate, Councils must describe general data 
collection methods, as well as any specific data collection methods used 
for all stocks in the fishery, and EC species, including:
    (1) Sources of fishing mortality (both landed and discarded), 
including commercial and recreational catch and bycatch in other 
fisheries;
    (2) Description of the data collection and estimation methods used 
to quantify total catch mortality in each fishery, including information 
on the management tools used (i.e., logbooks, vessel monitoring systems, 
observer programs, landings reports, fish tickets, processor reports, 
dealer reports, recreational angler surveys, or other methods); the 
frequency with which data are collected and updated; and the scope of 
sampling coverage for each fishery; and
    (3) Description of the methods used to compile catch data from 
various catch data collection methods and how those data are used to 
determine the

[[Page 46]]

relationship between total catch at a given point in time and the ACL 
for stocks and stock complexes that are part of a fishery.
    (j) Council actions to address overfishing and rebuilding for stocks 
and stock complexes in the fishery--(1) Notification. The Secretary will 
immediately notify in writing a Regional Fishery Management Council 
whenever it is determined that:
    (i) Overfishing is occurring;
    (ii) A stock or stock complex is overfished;
    (iii) A stock or stock complex is approaching an overfished 
condition; or
    (iv) Existing remedial action taken for the purpose of ending 
previously identified overfishing or rebuilding a previously identified 
overfished stock or stock complex has not resulted in adequate progress.
    (2) Timing of actions--(i) If a stock or stock complex is undergoing 
overfishing. FMPs or FMP amendments must establish ACL and AM mechanisms 
in 2010, for stocks and stock complexes determined to be subject to 
overfishing, and in 2011, for all other stocks and stock complexes (see 
paragraph (b)(2)(iii) of this section). To address practical 
implementation aspects of the FMP and FMP amendment process, paragraphs 
(j)(2)(i)(A) through (C) of this section clarifies the expected timing 
of actions.
    (A) In addition to establishing ACL and AM mechanisms, the ACLs and 
AMs themselves must be specified in FMPs, FMP amendments, implementing 
regulations, or annual specifications beginning in 2010 or 2011, as 
appropriate.
    (B) For stocks and stock complexes still determined to be subject to 
overfishing at the end of 2008, ACL and AM mechanisms and the ACLs and 
AMs themselves must be effective in fishing year 2010.
    (C) For stocks and stock complexes determined to be subject to 
overfishing during 2009, ACL and AM mechanisms and ACLs and AMs 
themselves should be effective in fishing year 2010, if possible, or in 
fishing year 2011, at the latest.
    (ii) If a stock or stock complex is overfished or approaching an 
overfished condition. (A) For notifications that a stock or stock 
complex is overfished or approaching an overfished condition made before 
July 12, 2009, a Council must prepare an FMP, FMP amendment, or proposed 
regulations within one year of notification. If the stock or stock 
complex is overfished, the purpose of the action is to specify a time 
period for ending overfishing and rebuilding the stock or stock complex 
that will be as short as possible as described under section 304(e)(4) 
of the Magnuson-Stevens Act. If the stock or stock complex is 
approaching an overfished condition, the purpose of the action is to 
prevent the biomass from declining below the MSST.
    (B) For notifications that a stock or stock complex is overfished or 
approaching an overfished condition made after July 12, 2009, a Council 
must prepare and implement an FMP, FMP amendment, or proposed 
regulations within two years of notification, consistent with the 
requirements of section 304(e)(3) of the Magnuson-Stevens Act. Council 
actions should be submitted to NMFS within 15 months of notification to 
ensure sufficient time for the Secretary to implement the measures, if 
approved. If the stock or stock complex is overfished and overfishing is 
occurring, the rebuilding plan must end overfishing immediately and be 
consistent with ACL and AM requirements of the Magnuson-Stevens Act.
    (3) Overfished fishery. (i) Where a stock or stock complex is 
overfished, a Council must specify a time period for rebuilding the 
stock or stock complex based on factors specified in Magnuson-Stevens 
Act section 304(e)(4). This target time for rebuilding 
(Ttarget) shall be as short as possible, taking into account: 
The status and biology of any overfished stock, the needs of fishing 
communities, recommendations by international organizations in which the 
U.S. participates, and interaction of the stock within the marine 
ecosystem. In addition, the time period shall not exceed 10 years, 
except where biology of the stock, other environmental conditions, or 
management measures under an international agreement to which the U.S. 
participates, dictate otherwise. SSCs (or agency scientists or peer 
review processes in the

[[Page 47]]

case of Secretarial actions) shall provide recommendations for achieving 
rebuilding targets (see Magnuson-Stevens Act section 302(g)(1)(B)). The 
above factors enter into the specification of Ttarget as 
follows:
    (A) The ``minimum time for rebuilding a stock'' (Tmin) 
means the amount of time the stock or stock complex is expected to take 
to rebuild to its MSY biomass level in the absence of any fishing 
mortality. In this context, the term ``expected'' means to have at least 
a 50 percent probability of attaining the Bmsy.
    (B) For scenarios under paragraph (j)(2)(ii)(A) of this section, the 
starting year for the Tmin calculation is the first year that 
a rebuilding plan is implemented. For scenarios under paragraph 
(j)(2)(ii)(B) of this section, the starting year for the Tmin 
calculation is 2 years after notification that a stock or stock complex 
is overfished or the first year that a rebuilding plan is implemented, 
whichever is sooner.
    (C) If Tmin for the stock or stock complex is 10 years or 
less, then the maximum time allowable for rebuilding (Tmax) 
that stock to its Bmsy is 10 years.
    (D) If Tmin for the stock or stock complex exceeds 10 
years, then the maximum time allowable for rebuilding a stock or stock 
complex to its Bmsy is Tmin plus the length of 
time associated with one generation time for that stock or stock 
complex. ``Generation time'' is the average length of time between when 
an individual is born and the birth of its offspring.
    (E) Ttarget shall not exceed Tmax, and should 
be calculated based on the factors described in this paragraph (j)(3).
    (ii) If a stock or stock complex reached the end of its rebuilding 
plan period and has not yet been determined to be rebuilt, then the 
rebuilding F should not be increased until the stock or stock complex 
has been demonstrated to be rebuilt. If the rebuilding plan was based on 
a Ttarget that was less than Tmax, and the stock 
or stock complex is not rebuilt by Ttarget, rebuilding 
measures should be revised, if necessary, such that the stock or stock 
complex will be rebuilt by Tmax. If the stock or stock 
complex has not rebuilt by Tmax, then the fishing mortality 
rate should be maintained at Frebuild or 75 percent of the 
MFMT, whichever is less.
    (iii) Council action addressing an overfished fishery must allocate 
both overfishing restrictions and recovery benefits fairly and equitably 
among sectors of the fishery.
    (iv) For fisheries managed under an international agreement, Council 
action addressing an overfished fishery must reflect traditional 
participation in the fishery, relative to other nations, by fishermen of 
the United States.
    (4) Emergency actions and interim measures. The Secretary, on his/
her own initiative or in response to a Council request, may implement 
interim measures to reduce overfishing or promulgate regulations to 
address an emergency (Magnuson-Stevens Act section 304(e)(6) or 305(c)). 
In considering a Council request for action, the Secretary would 
consider, among other things, the need for and urgency of the action and 
public interest considerations, such as benefits to the stock or stock 
complex and impacts on participants in the fishery.
    (i) These measures may remain in effect for not more than 180 days, 
but may be extended for an additional 186 days if the public has had an 
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing an FMP, FMP 
amendment, or proposed regulations to address the emergency or 
overfishing on a permanent basis.
    (ii) Often, these measures need to be implemented without prior 
notice and an opportunity for public comment, as it would be 
impracticable to provide for such processes given the need to act 
quickly and also contrary to the public interest to delay action. 
However, emergency regulations and interim measures that do not qualify 
for waivers or exceptions under the Administrative Procedure Act would 
need to follow proposed notice and comment rulemaking procedures.
    (k) International overfishing. If the Secretary determines that a 
fishery is overfished or approaching a condition of being overfished due 
to excessive international fishing pressure, and for

[[Page 48]]

which there are no management measures (or no effective measures) to end 
overfishing under an international agreement to which the United States 
is a party, then the Secretary and/or the appropriate Council shall take 
certain actions as provided under Magnuson-Stevens Act section 304(i). 
The Secretary, in cooperation with the Secretary of State, must 
immediately take appropriate action at the international level to end 
the overfishing. In addition, within one year after the determination, 
the Secretary and/or appropriate Council shall:
    (1) Develop recommendations for domestic regulations to address the 
relative impact of the U.S. fishing vessels on the stock. Council 
recommendations should be submitted to the Secretary.
    (2) Develop and submit recommendations to the Secretary of State, 
and to the Congress, for international actions that will end overfishing 
in the fishery and rebuild the affected stocks, taking into account the 
relative impact of vessels of other nations and vessels of the United 
States on the relevant stock. Councils should, in consultation with the 
Secretary, develop recommendations that take into consideration relevant 
provisions of the Magnuson-Stevens Act and NS1 guidelines, including 
section 304(e) of the Magnuson-Stevens Act and paragraph (j)(3)(iv) of 
this section, and other applicable laws. For highly migratory species in 
the Pacific, recommendations from the Western Pacific, North Pacific, or 
Pacific Councils must be developed and submitted consistent with 
Magnuson-Stevens Reauthorization Act section 503(f), as appropriate.
    (3) Considerations for assessing ``relative impact.'' ``Relative 
impact'' under paragraphs (k)(1) and (2) of this section may include 
consideration of factors that include, but are not limited to: Domestic 
and international management measures already in place, management 
history of a given nation, estimates of a nation's landings or catch 
(including bycatch) in a given fishery, and estimates of a nation's 
mortality contributions in a given fishery. Information used to 
determine relative impact must be based upon the best available 
scientific information.
    (l) Relationship of National Standard 1 to other national 
standards--General. National Standards 2 through 10 provide further 
requirements for conservation and management measures in FMPs, but do 
not alter the requirement of NS1 to prevent overfishing and rebuild 
overfished stocks.
    (1) National Standard 2 (see Sec. 600.315). Management measures and 
reference points to implement NS1 must be based on the best scientific 
information available. When data are insufficient to estimate reference 
points directly, Councils should develop reasonable proxies to the 
extent possible (also see paragraph (e)(1)(iv) of this section). In 
cases where scientific data are severely limited, effort should also be 
directed to identifying and gathering the needed data. SSCs should 
advise their Councils regarding the best scientific information 
available for fishery management decisions.
    (2) National Standard 3 (see Sec. 600.320). Reference points should 
generally be specified in terms of the level of stock aggregation for 
which the best scientific information is available (also see paragraph 
(e)(1)(iii) of this section). Also, scientific assessments must be based 
on the best information about the total range of the stock and potential 
biological structuring of the stock into biological sub-units, which may 
differ from the geographic units on which management is feasible.
    (3) National Standard 6 (see Sec. 600.335). Councils must build 
into the reference points and control rules appropriate consideration of 
risk, taking into account uncertainties in estimating harvest, stock 
conditions, life history parameters, or the effects of environmental 
factors.
    (4) National Standard 8 (see Sec. 600.345). National Standard 8 
directs the Councils to apply economic and social factors towards 
sustained participation of fishing communities and to the extent 
practicable, minimize adverse economic impacts on such communities 
within the context of preventing overfishing and rebuilding overfished 
stocks as required under National Standard 1. Therefore, calculation of 
OY as reduced from MSY should include economic and social factors, but

[[Page 49]]

the combination of management measures chosen to achieve the OY must 
principally be designed to prevent overfishing and rebuild overfished 
stocks.
    (5) National Standard 9 (see Sec. 600.350). Evaluation of stock 
status with respect to reference points must take into account mortality 
caused by bycatch. In addition, the estimation of catch should include 
the mortality of fish that are discarded.
    (m) Exceptions to requirements to prevent overfishing. Exceptions to 
the requirement to prevent overfishing could apply under certain limited 
circumstances. Harvesting one stock at its optimum level may result in 
overfishing of another stock when the two stocks tend to be caught 
together (This can occur when the two stocks are part of the same 
fishery or if one is bycatch in the other's fishery). Before a Council 
may decide to allow this type of overfishing, an analysis must be 
performed and the analysis must contain a justification in terms of 
overall benefits, including a comparison of benefits under alternative 
management measures, and an analysis of the risk of any stock or stock 
complex falling below its MSST. The Council may decide to allow this 
type of overfishing if the fishery is not overfished and the analysis 
demonstrates that all of the following conditions are satisfied:
    (1) Such action will result in long-term net benefits to the Nation;
    (2) Mitigating measures have been considered and it has been 
demonstrated that a similar level of long-term net benefits cannot be 
achieved by modifying fleet behavior, gear selection/configuration, or 
other technical characteristic in a manner such that no overfishing 
would occur; and
    (3) The resulting rate of fishing mortality will not cause any stock 
or stock complex to fall below its MSST more than 50 percent of the time 
in the long term, although it is recognized that persistent overfishing 
is expected to cause the affected stock to fall below its 
Bmsy more than 50 percent of the time in the long term.

[74 FR 3204, Jan. 16, 2009]



Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (1) Fishery conservation and management require high quality and 
timely biological, ecological, environmental, economic, and sociological 
scientific information to effectively conserve and manage living marine 
resources. Successful fishery management depends, in part, on the 
thorough analysis of this information, and the extent to which the 
information is applied for:
    (i) Evaluating the potential impact that conservation and management 
measures will have on living marine resources, essential fish habitat 
(EFH), marine ecosystems, fisheries participants, fishing communities, 
and the nation; and
    (ii) Identifying areas where additional management measures are 
needed.
    (2) Scientific information that is used to inform decision making 
should include an evaluation of its uncertainty and identify gaps in the 
information. Management decisions should recognize the biological (e.g., 
overfishing), ecological, sociological, and economic (e.g., loss of 
fishery benefits) risks associated with the sources of uncertainty and 
gaps in the scientific information.
    (3) Information-limited fisheries, commonly referred to as ``data-
poor'' fisheries, may require use of simpler assessment methods and 
greater use of proxies for quantities that cannot be directly estimated, 
as compared to data-rich fisheries.
    (4) Scientific information includes, but is not limited to, factual 
input, data, models, analyses, technical information, or scientific 
assessments. Scientific information includes data compiled directly from 
surveys or sampling programs, and models that are mathematical 
representations of reality constructed with primary data. The complexity 
of the model should not be the defining characteristic of its value; the 
data requirements and assumptions associated with a model should be 
commensurate with the resolution and accuracy of the available primary 
data.

[[Page 50]]

Scientific information includes established and emergent scientific 
information. Established science is scientific knowledge derived and 
verified through a standard scientific process that tends to be agreed 
upon often without controversy. Emergent science is relatively new 
knowledge that is still evolving and being verified, therefore, may 
potentially be uncertain and controversial. Emergent science should be 
considered more thoroughly, and scientists should be attentive to 
effective communication of emerging science.
    (5) Science is a dynamic process, and new scientific findings 
constantly advance the state of knowledge. Best scientific information 
is, therefore, not static and ideally entails developing and following a 
research plan with the following elements: Clear statement of 
objectives; conceptual model that provides the framework for 
interpreting results, making predictions, or testing hypotheses; study 
design with an explicit and standardized method of collecting data; 
documentation of methods, results, and conclusions; peer review, as 
appropriate; and communication of findings.
    (6) Criteria to consider when evaluating best scientific information 
are relevance, inclusiveness, objectivity, transparency and openness, 
timeliness, verification and validation, and peer review, as 
appropriate.
    (i) Relevance. Scientific information should be pertinent to the 
current questions or issues under consideration and should be 
representative of the fishery being managed. In addition to the 
information collected directly about the fishery being managed, relevant 
information may be available about the same species in other areas, or 
about related species. For example, use of proxies may be necessary in 
data-poor situations. Analysis of related stocks or species may be a 
useful tool for inferring the likely traits of stocks for which stock-
specific data are unavailable or are not sufficient to produce reliable 
estimates. Also, if management measures similar to those being 
considered have been introduced in other regions and resulted in 
particular behavioral responses from participants or business decisions 
from industry, such social and economic information may be relevant.
    (ii) Inclusiveness. Three aspects of inclusiveness should be 
considered when developing and evaluating best scientific information:
    (A) The relevant range of scientific disciplines should be consulted 
to encompass the scope of potential impacts of the management decision.
    (B) Alternative scientific points of view should be acknowledged and 
addressed openly when there is a diversity of scientific thought.
    (C) Relevant local and traditional knowledge (e.g., fishermen's 
empirical knowledge about the behavior and distribution of fish stocks) 
should be obtained, where appropriate, and considered when evaluating 
the BSIA.
    (iii) Objectivity. Scientific information should be accurate, with a 
known degree of precision, without addressable bias, and presented in an 
accurate, clear, complete, and balanced manner. Scientific processes 
should be free of undue nonscientific influences and considerations.
    (iv) Transparency and openness. (A) The Magnuson-Stevens Act 
provides broad public and stakeholder access to the fishery conservation 
and management process, including access to the scientific information 
upon which the process and management measures are based. Public comment 
should be solicited at appropriate times during the review of scientific 
information. Communication with the public should be structured to 
foster understanding of the scientific process.
    (B) Scientific information products should describe data collection 
methods, report sources of uncertainty or statistical error, and 
acknowledge other data limitations. Such products should explain any 
decisions to exclude data from analysis. Scientific products should 
identify major assumptions and uncertainties of analytical models. 
Finally, such products should openly acknowledge gaps in scientific 
information.
    (v) Timeliness. Mandatory management actions should not be delayed 
due to limitations in the scientific information or the promise of 
future data collection or analysis. In some cases,

[[Page 51]]

due to time constraints, results of important studies or monitoring 
programs may be considered for use before they are fully complete. 
Uncertainties and risks that arise from an incomplete study should be 
acknowledged, but interim results may be better than no results to help 
inform a management decision. Sufficient time should be allotted to 
audit and analyze recently acquired information to ensure its 
reliability. Data collection methods are expected to be subjected to 
appropriate review before providing data used to inform management 
decisions.
    (A) For information that needs to be updated on a regular basis, the 
temporal gap between information collection and management 
implementation should be as short as possible, subject to regulatory 
constraints, and such timing concerns should be explicitly considered 
when developing conservation and management measures. Late submission of 
scientific information to the Council process should be avoided if the 
information has circumvented the review process. Data collection is a 
continuous process, therefore analysis of scientific information should 
specify a clear time point beyond which new information would not be 
considered in that analysis and would be reserved for use in subsequent 
analytical updates.
    (B) Historical information should be evaluated for its relevance to 
inform the current situation. For example, some species' life history 
characteristics might not change over time. Other historical data (e.g., 
abundance, environmental, catch statistics, market and trade trends) 
provide time-series information on changes in fish populations, fishery 
participation, and fishing effort that may inform current management 
decisions.
    (vi) Verification and validation. Methods used to produce scientific 
information should be verified and validated to the extent possible.
    (A) Verification means that the data and procedures used to produce 
the scientific information are documented in sufficient detail to allow 
reproduction of the analysis by others with an acceptable degree of 
precision. External reviewers of scientific information require this 
level of documentation to conduct a thorough review.
    (B) Validation refers to the testing of analytical methods to ensure 
that they perform as intended. Validation should include whether the 
analytical method has been programmed correctly in the computer 
software, the accuracy and precision of the estimates is adequate, and 
the estimates are robust to model assumptions. Models should be tested 
using simulated data from a population with known properties to evaluate 
how well the models estimate those characteristics and to correct for 
known bias to achieve accuracy. The concept of validation using 
simulation testing should be used, to the extent possible, to evaluate 
how well a management strategy meets management objectives.
    (vii) Peer review. Peer review is a process used to ensure that the 
quality and credibility of scientific information and scientific methods 
meet the standards of the scientific and technical community. Peer 
review helps ensure objectivity, reliability, and integrity of 
scientific information. The peer review process is an organized method 
that uses peer scientists with appropriate and relevant expertise to 
evaluate scientific information. The scientific information that 
supports conservation and management measures considered by the 
Secretary or a Council should be peer reviewed, as appropriate. Factors 
to consider when determining whether to conduct a peer review and if so, 
the appropriate level of review, include the novelty and complexity of 
the scientific information to be reviewed, the level of previous review 
and the importance of the information to be reviewed to the decision 
making process. Routine updates based on previously reviewed methods 
require less review than novel methods or data. If formal peer review is 
not practicable due to time or resource constraints, the development and 
analysis of scientific information used in or in support of fishery 
management actions should be as transparent as possible, in accordance 
with paragraph (a)(6)(iv) of this section. Other applicable guidance on 
peer review can be found in the Office of Management and Budget Final 
Information Quality Bulletin for Peer Review.

[[Page 52]]

    (b) Peer review process. The Secretary and each Council may 
establish a peer review process for that Council for scientific 
information used to advise about the conservation and management of the 
fishery. 16 U.S.C. 1852(g)(1)(E). A peer review process is not a 
substitute for an SSC and should work in conjunction with the SSC (see 
Sec. 600.310(b)(2)(v)(C)). This section provides guidance and standards 
that should be followed in order to establish a peer review process per 
Magnuson-Stevens Act section 302(g)(1)(E).
    (1) The objective or scope of the peer review, the nature of the 
scientific information to be reviewed, and timing of the review should 
be considered when selecting the type of peer review to be used. The 
process established by the Secretary and Council should focus on 
providing review for information that has not yet undergone rigorous 
peer review, but that must be peer reviewed in order to provide 
reliable, high quality scientific advice for fishery conservation and 
management. Duplication of previously conducted peer review should be 
avoided.
    (i) Form of process. The peer review process may include or consist 
of existing Council committees or panels if they meet the standards 
identified herein. The Secretary and Council have discretion to 
determine the appropriate peer review process for a specific information 
product. A peer review can take many forms, including individual letter 
or written reviews and panel reviews.
    (ii) Timing. The peer review should, to the extent practicable, be 
conducted early in the process of producing scientific information or a 
work product, so peer review reports are available for the SSC to 
consider in its evaluation of scientific information for its Council and 
the Secretary. The timing will depend in part on the scope of the 
review. For instance, the peer review of a new or novel method or model 
should be conducted before there is an investment of time and resources 
in implementing the model and interpreting the results. The results of 
this type of peer review may contribute to improvements in the model or 
assessment.
    (iii) Scope of work. The scope of work or charge (sometimes called 
the terms of reference) of any peer review should be determined in 
advance of the selection of reviewers. The scope of work contains the 
objectives of the peer review, evaluation of the various stages of the 
science, and specific recommendations for improvement of the science. 
The scope of work should be carefully designed, with specific technical 
questions to guide the peer review process; it should ask peer reviewers 
to ensure that scientific uncertainties are clearly identified and 
characterized, it should allow peer reviewers the opportunity to offer a 
broad evaluation of the overall scientific or technical product under 
review, as well as to make recommendations regarding areas of missing 
information, future research, data collection, and improvements in 
methodologies, and it must not change during the course of the peer 
review. The scope of work may not request reviewers to provide advice on 
policy or regulatory issues (e.g., amount of precaution used in 
decision-making) which are within the purview of the Secretary and the 
Councils, or to make formal fishing level recommendations which are 
within the purview of the SSC.
    (2) Peer reviewer selection. The selection of participants in a peer 
review should be based on expertise, independence, and a balance of 
viewpoints, and be free of conflicts of interest.
    (i) Expertise and balance. Peer reviewers must be selected based on 
scientific expertise and experience relevant to the disciplines of 
subject matter to be reviewed. The group of reviewers that constitute 
the peer review should reflect a balance in perspectives, to the extent 
practicable, and should have sufficiently broad and diverse expertise to 
represent the range of relevant scientific and technical perspectives to 
complete the objectives of the peer review.
    (ii) Conflict of interest. Peer reviewers who are federal employees 
must comply with all applicable federal ethics requirements. Potential 
reviewers who are not federal employees must be screened for conflicts 
of interest in accordance with the NOAA Policy on Conflicts of Interest 
for Peer Review

[[Page 53]]

Subject to OMB's Peer Review Bulletin or other applicable rules or 
guidelines.
    (A) Under the NOAA policy, peer reviewers must not have any 
conflicts of interest with the scientific information, subject matter, 
or work product under review, or any aspect of the statement of work for 
the peer review. For purposes of this section, a conflict of interest is 
any financial or other interest which conflicts with the service of the 
individual on a review panel because it: could significantly impair the 
reviewer's objectivity, or could create an unfair competitive advantage 
for a person or organization.
    (B) No individual can be appointed to a review panel if that 
individual has a conflict of interest that is relevant to the functions 
to be performed. For reviews requiring highly specialized expertise, the 
limited availability of qualified reviewers might result in an exception 
when a conflict of interest is unavoidable; in this situation, the 
conflict must be promptly and publicly disclosed. Conflicts of interest 
include, but are not limited to, the personal financial interests and 
investments, employer affiliations, and consulting arrangements, grants, 
or contracts of the individual and of others with whom the individual 
has substantial common financial interests, if these interests are 
relevant to the functions to be performed.
    (iii) Independence. Peer reviewers must not have contributed or 
participated in the development of the work product or scientific 
information under review. For peer review of products of higher novelty 
or controversy, a greater degree of independence is necessary to ensure 
credibility of the peer review process. Peer reviewer responsibilities 
should rotate across the available pool of qualified reviewers or among 
the members on a standing peer review panel to prevent a peer reviewer 
from repeatedly reviewing the same scientific information, recognizing 
that, in some cases, repeated service by the same reviewer may be needed 
because of limited availability of specialized expertise.
    (3) Transparency. A transparent process is one that ensures that 
background documents and reports from peer review are publicly 
available, subject to Magnuson-Stevens Act confidentiality requirements, 
and allows the public full and open access to peer review panel 
meetings. The evaluation and review of scientific information by the 
Councils, SSCs or advisory panels must be conducted in accordance with 
meeting procedures at Sec. 600.135. Consistent with that section, 
public notice of peer review panel meetings should be announced in the 
Federal Register with a minimum of 14 days and with an aim of 21 days 
before the review to allow public comments during meetings. Background 
documents should be available for public review in a timely manner prior 
to meetings. Peer review reports describing the scope and objectives of 
the review, findings in accordance with each objective, and conclusions 
should be publicly available. Names and organizational affiliations of 
reviewers also should be publicly available.
    (4) Publication of the peer review process. The Secretary will 
announce the establishment of a peer review process under Magnuson-
Stevens Act section 302(g)(1)(E) in the Federal Register along with a 
brief description of the process. In addition, detailed information on 
such processes will be made publicly available on the Council's Web 
site, and updated as necessary.
    (c) SSC scientific evaluation and advice to the Council. Each 
scientific and statistical committee shall provide its Council ongoing 
scientific advice for fishery management decisions, including 
recommendations for acceptable biological catch, preventing overfishing, 
maximum sustainable yield, achieving rebuilding targets, and reports on 
stock status and health, bycatch, habitat status, social and economic 
impacts of management measures, and sustainability of fishing practices. 
16 U.S.C. 1852(g)(1)(B).
    (1) SSC scientific advice and recommendations to its Council are 
based on scientific information that the SSC determines to meet the 
guidelines for best scientific information available as described in 
paragraph (a) of this section. SSCs may conduct peer reviews or evaluate 
peer reviews to provide clear scientific advice to the Council. Such

[[Page 54]]

scientific advice should attempt to resolve conflicting scientific 
information, so that the Council will not need to engage in debate on 
technical merits. Debate and evaluation of scientific information is the 
role of the SSC.
    (2) An SSC member may participate in a peer review when such 
participation is beneficial to the peer review due to the expertise and 
institutional memory of that member, or beneficial to the Council's 
advisory body by allowing that member to make a more informed evaluation 
of the scientific information. Participation of an SSC member in a peer 
review should not impair the ability of that member to fulfill his or 
her responsibilities to the SSC.
    (3) If an SSC as a body conducts a peer review established under 
Magnuson-Stevens Act section 302(g)(1)(E) or individual members of an 
SSC participate in such a peer review, the SSC members must meet the 
peer reviewer selection criteria as described in paragraph (b)(2) of 
this section. In addition, the financial disclosure requirements under 
Sec. 600.235, Financial Disclosure for Councils and Council committees, 
apply. When the SSC as a body is conducting a peer review, it should 
strive for consensus and must meet the transparency guidelines under 
paragraphs (a)(6)(iv) and (b)(3) of this section. If consensus cannot be 
reached, minority viewpoints should be recorded.
    (4) The SSC's evaluation of a peer review conducted by a body other 
than the SSC should consider the extent and quality of peer review that 
has already taken place. For Councils with extensive and detailed peer 
review processes (e.g., a process established pursuant to Magnuson-
Stevens Act section 302(g)(1)(E)), the evaluation by the SSC of the peer 
reviewed information should not repeat the previously conducted and 
detailed technical peer review. However, SSCs must maintain their role 
as advisors to the Council about scientific information that comes from 
a peer review process. Therefore, the peer review of scientific 
information used to advise the Council, including a peer review process 
established by the Secretary and the Council under Magnuson-Stevens Act 
section 302(g)(1)(E), should be conducted early in the scientific 
evaluation process in order to provide the SSC with reasonable 
opportunity to consider the peer review report and make recommendations 
to the Council as required under Magnuson-Stevens Act section 
302(g)(1)(B).
    (5) If an SSC disagrees with the findings or conclusions of a peer 
review, in whole or in part, the SSC must prepare a report outlining the 
areas of disagreement, and the rationale and information used by the SSC 
for making its determination. This report must be made publicly 
available.
    (6) Annual catch limits (ACLs) developed by a Council may not exceed 
its SSC's fishing level recommendations. 16 U.S.C. 1852(h)(6). Per the 
National Standard 1 Guidelines, the SSC fishing level recommendation 
that is most relevant to ACLs is acceptable biological catch (ABC), as 
both ACL and ABC are levels of annual catch (see Sec. 
600.310(b)(2)(v)(D)). The SSC is expected to take scientific uncertainty 
into account when making its ABC recommendation (Sec. 600.310(f)(4)). 
The ABC recommendation may be based upon input and recommendations from 
the peer review process. Any such peer review related to such 
recommendations should be conducted early in the process as described in 
paragraph (c)(4) of this section. The SSC should resolve differences 
between its recommendations and any relevant peer review recommendations 
per paragraph (c)(5) of this section.
    (d) SAFE Report. The term SAFE (Stock Assessment and Fishery 
Evaluation) report, as used in this section, refers to a public document 
or a set of related public documents, that provides the Secretary and 
the Councils with a summary of scientific information concerning the 
most recent biological condition of stocks, stock complexes, and marine 
ecosystems in the fishery management unit (FMU), essential fish habitat 
(EFH), and the social and economic condition of the recreational and 
commercial fishing interests, fishing communities, and the fish 
processing industries. Each SAFE report must be scientifically based 
with appropriate citations of data sources and information. Each SAFE 
report summarizes, on a periodic basis, the

[[Page 55]]

best scientific information available concerning the past, present, and 
possible future condition of the stocks, EFH, marine ecosystems, and 
fisheries being managed under Federal regulation.
    (1) The Secretary has the responsibility to ensure that SAFE reports 
are prepared and updated or supplemented as necessary whenever new 
information is available to inform management decisions such as status 
determination criteria (SDC), overfishing level (OFL), optimum yield, or 
ABC values (Sec. 600.310(c)). The SAFE report and any comments or 
reports from the SSC must be available to the Secretary and Council for 
making management decisions for each FMP to ensure that the best 
scientific information available is being used. The Secretary or 
Councils may utilize any combination of personnel from Council, State, 
Federal, university, or other sources to acquire and analyze data and 
produce the SAFE report.
    (2) The SAFE report provides information to the Councils and the 
Secretary for determining annual catch limits (Sec. 600.310(f)(5)) for 
each stock in the fishery; documenting significant trends or changes in 
the resource, marine ecosystems, and fishery over time; implementing 
required EFH provisions (Sec. 600.815(a)(10)); and assessing the 
relative success of existing relevant state and Federal fishery 
management programs. The SAFE report should contain an explanation of 
information gaps and highlight needs for future scientific work. 
Information on bycatch and safety for each fishery should also be 
summarized. In addition, the SAFE report may be used to update or expand 
previous environmental and regulatory impact documents and ecosystem 
descriptions.
    (3) Each SAFE report should contain the following scientific 
information when it exists:
    (i) Information on which to base catch specifications and status 
determinations, including the most recent stock assessment documents and 
associated peer review reports, and recommendations and reports from the 
Council's SSC.
    (A) A description of the SDC (e.g., maximum fishing mortality rate 
threshold and minimum stock size threshold for each stock or stock 
complex in the fishery) (Sec. 600.310(e)(2)).
    (B) Information on OFL and ABC, preventing overfishing, and 
achieving rebuilding targets. Documentation of the data collection, 
estimation methods, and consideration of uncertainty in formulating 
catch specification recommendations should be included (Sec. 
600.310(f)(2)). The best scientific information available to determine 
whether overfishing is occurring with respect to any stock or stock 
complex, whether any stock or stock complex is overfished, whether the 
rate or level of fishing mortality applied to any stock or stock complex 
is approaching the maximum fishing mortality threshold, and whether the 
size of any stock or stock complex is approaching the minimum stock size 
threshold; and
    (C) The best scientific information available in support of 
management measures necessary to rebuild an overfished stock or stock 
complex (if any) in the fishery to a level consistent with producing the 
MSY in that fishery.
    (ii) Information on sources of fishing mortality (both landed and 
discarded), including commercial and recreational catch and bycatch in 
other fisheries and a description of data collection and estimation 
methods used to quantify total catch mortality, as required by the 
National Standard 1 Guidelines (Sec. 600.310(i)).
    (iii) Information on bycatch of non-target species for each fishery.
    (iv) Information on EFH to be included in accordance with the EFH 
provisions (Sec. 600.815(a)(10)) .
    (v) Pertinent economic, social, community, and ecological 
information for assessing the success and impacts of management measures 
or the achievement of objectives of each FMP.
    (4) Transparency in the fishery management process is enhanced by 
complementing the SAFE report with the documentation of previous 
management actions taken by the Council or Secretary including a summary 
of the previous ACLs, ACTs, and accountability measures (AMs), and 
assessment of management uncertainty.
    (5) To facilitate the use of the information in the SAFE report, and 
its

[[Page 56]]

availability to the Council, NMFS, and the public:
    (i) The SAFE report should contain, or be supplemented by, a summary 
of the information and an index or table of contents to the components 
of the report. Sources of information in the SAFE report should be 
referenced, unless the information is proprietary.
    (ii) The SAFE report or compilation of documents that comprise the 
SAFE report and index must be made available by the Council or NMFS on a 
readily accessible Web site.
    (e) FMP development. (1) FMPs must take into account the best 
scientific information available at the time of preparation. Between the 
initial drafting of an FMP and its submission for final review, new 
information often becomes available. This new information should be 
incorporated into the final FMP where practicable; but it is unnecessary 
to start the FMP process over again, unless the information indicates 
that drastic changes have occurred in the fishery that might require 
revision of the management objectives or measures.
    (2) The fact that scientific information concerning a fishery is 
incomplete does not prevent the preparation and implementation of an FMP 
(see related Sec. Sec. 600.320(d)(2) and 600.340(b)).
    (3) An FMP must specify whatever information fishermen and 
processors will be required or requested to submit to the Secretary. 
Information about harvest within state waters, as well as in the EEZ, 
may be collected if it is needed for proper implementation of the FMP 
and cannot be obtained otherwise. Scientific information collections for 
stocks managed cooperatively by Federal and State governments should be 
coordinated with the appropriate state jurisdictions, to the extent 
practicable, to ensure harvest information is available for the 
management of stocks that utilize habitats in state and federal managed 
waters. The FMP should explain the practical utility of the information 
specified in monitoring the fishery, in facilitating inseason management 
decisions, and in judging the performance of the management regime; it 
should also consider the effort, cost, or social impact of obtaining it.
    (4) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource, marine 
ecosystem, the fishery, and fishing communities.
    (5) The information submitted by various data suppliers should be 
comparable and compatible, to the maximum extent possible.
    (6) FMPs should be amended on a timely basis, as new information 
indicates the necessity for change in objectives or management measures 
consistent with the conditions described in paragraph (d) of this 
section (SAFE reports). Paragraphs (e)(1) through (5) of this section 
apply equally to FMPs and FMP amendments.

[78 FR 43086, July 19, 2013]



Sec. 600.320  National Standard 3--Management Units.

    (a) Standard 3. To the extent practicable, an individual stock of 
fish shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination.
    (b) General. The purpose of this standard is to induce a 
comprehensive approach to fishery management. The geographic scope of 
the fishery, for planning purposes, should cover the entire range of the 
stocks(s) of fish, and not be overly constrained by political 
boundaries. Wherever practicable, an FMP should seek to manage 
interrelated stocks of fish.
    (c) Unity of management. Cooperation and understanding among 
entities concerned with the fishery (e.g., Councils, states, Federal 
Government, international commissions, foreign nations) are vital to 
effective management. Where management of a fishery involves multiple 
jurisdictions, coordination among the several entities should be sought 
in the development of an FMP. Where a range overlaps Council areas, one 
FMP to cover the entire range is preferred. The Secretary designates 
which Council(s) will prepare the FMP, under section 304(f) of the 
Magnuson-Stevens Act.
    (d) Management unit. The term ``management unit'' means a fishery or 
that portion of a fishery identified in

[[Page 57]]

an FMP as relevant to the FMP's management objectives.
    (1) Basis. The choice of a management unit depends on the focus of 
the FMP's objectives, and may be organized around biological, 
geographic, economic, technical, social, or ecological perspectives. For 
example:
    (i) Biological--could be based on a stock(s) throughout its range.
    (ii) Geographic--could be an area.
    (iii) Economic--could be based on a fishery supplying specific 
product forms.
    (iv) Technical--could be based on a fishery utilizing a specific 
gear type or similar fishing practices.
    (v) Social--could be based on fishermen as the unifying element, 
such as when the fishermen pursue different species in a regular pattern 
throughout the year.
    (vi) Ecological--could be based on species that are associated in 
the ecosystem or are dependent on a particular habitat.
    (2) Conservation and management measures. FMPs should include 
conservation and management measures for that part of the management 
unit within U.S. waters, although the Secretary can ordinarily implement 
them only within the EEZ. The measures need not be identical for each 
geographic area within the management unit, if the FMP justifies the 
differences. A management unit may contain, in addition to regulated 
species, stocks of fish for which there is not enough information 
available to specify MSY and OY or to establish management measures, so 
that data on these species may be collected under the FMP.
    (e) Analysis. To document that an FMP is as comprehensive as 
practicable, it should include discussions of the following:
    (1) The range and distribution of the stocks, as well as the 
patterns of fishing effort and harvest.
    (2) Alternative management units and reasons for selecting a 
particular one. A less-than-comprehensive management unit may be 
justified if, for example, complementary management exits or is planned 
for a separate geographic area or for a distinct use of the stocks, or 
if the unmanaged portion of the resource is immaterial to proper 
management.
    (3) Management activities and habitat programs of adjacent states 
and their effects on the FMP's objectives and management measures. Where 
state action is necessary to implement measures within state waters to 
achieve FMP objectives, the FMP should identify what state action is 
necessary, discuss the consequences of state inaction or contrary 
action, and make appropriate recommendations. The FMP should also 
discuss the impact that Federal regulations will have on state 
management activities.
    (4) Management activities of other countries having an impact on the 
fishery, and how the FMP's management measures are designed to take into 
account these impacts. International boundaries may be dealt with in 
several ways. For example:
    (i) By limiting the management unit's scope to that portion of the 
stock found in U.S. waters;
    (ii) By estimating MSY for the entire stock and then basing the 
determination of OY for the U.S. fishery on the portion of the stock 
within U.S. waters; or
    (iii) By referring to treaties or cooperative agreements.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.325  National Standard 4--Allocations.

    (a) Standard 4. Conservation and management measures shall not 
discriminate between residents of different states. If it becomes 
necessary to allocate or assign fishing privileges among various U.S. 
fishermen, such allocation shall be:
    (1) Fair and equitable to all such fishermen.
    (2) Reasonably calculated to promote conservation.
    (3) Carried out in such manner that no particular individual, 
corporation, or other entity acquires an excessive share of such 
privileges.
    (b) Discrimination among residents of different states. An FMP may 
not differentiate among U.S. citizens, nationals, resident aliens, or 
corporations on the basis of their state of residence. An FMP may not 
incorporate or rely on a

[[Page 58]]

state statute or regulation that discriminates against residents of 
another state. Conservation and management measures that have different 
effects on persons in various geographic locations are permissible if 
they satisfy the other guidelines under Standard 4. Examples of these 
precepts are:
    (1) An FMP that restricted fishing in the EEZ to those holding a 
permit from state X would violate Standard 4 if state X issued permits 
only to its own citizens.
    (2) An FMP that closed a spawning ground might disadvantage 
fishermen living in the state closest to it, because they would have to 
travel farther to an open area, but the closure could be justified under 
Standard 4 as a conservation measure with no discriminatory intent.
    (c) Allocation of fishing privileges. An FMP may contain management 
measures that allocate fishing privileges if such measures are necessary 
or helpful in furthering legitimate objectives or in achieving the OY, 
and if the measures conform with paragraphs (c)(3)(i) through 
(c)(3)(iii) of this section.
    (1) Definition. An ``allocation'' or ``assignment'' of fishing 
privileges is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4. Adoption of an FMP that merely 
perpetuates existing fishing practices may result in an allocation, if 
those practices directly distribute the opportunity to participate in 
the fishery. Allocations of fishing privileges include, for example, 
per-vessel catch limits, quotas by vessel class and gear type, different 
quotas or fishing seasons for recreational and commercial fishermen, 
assignment of ocean areas to different gear users, and limitation of 
permits to a certain number of vessels or fishermen.
    (2) Analysis of allocations. Each FMP should contain a description 
and analysis of the allocations existing in the fishery and of those 
made in the FMP. The effects of eliminating an existing allocation 
system should be examined. Allocation schemes considered, but rejected 
by the Council, should be included in the discussion. The analysis 
should relate the recommended allocations to the FMP's objectives and OY 
specification, and discuss the factors listed in paragraph (c)(3) of 
this section.
    (3) Factors in making allocations. An allocation of fishing 
privileges must be fair and equitable, must be reasonably calculated to 
promote conservation, and must avoid excessive shares. These tests are 
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
    (i) Fairness and equity. (A) An allocation of fishing privileges 
should be rationally connected to the achievement of OY or with the 
furtherance of a legitimate FMP objective. Inherent in an allocation is 
the advantaging of one group to the detriment of another. The motive for 
making a particular allocation should be justified in terms of the 
objectives of the FMP; otherwise, the disadvantaged user groups or 
individuals would suffer without cause. For instance, an FMP objective 
to preserve the economic status quo cannot be achieved by excluding a 
group of long-time participants in the fishery. On the other hand, there 
is a rational connection between an objective of harvesting shrimp at 
their maximum size and closing a nursery area to trawling.
    (B) An allocation of fishing privileges may impose a hardship on one 
group if it is outweighed by the total benefits received by another 
group or groups. An allocation need not preserve the status quo in the 
fishery to qualify as ``fair and equitable,'' if a restructuring of 
fishing privileges would maximize overall benefits. The Council should 
make an initial estimate of the relative benefits and hardships imposed 
by the allocation, and compare its consequences with those of 
alternative allocation schemes, including the status quo. Where 
relevant, judicial guidance and government policy concerning the rights 
of treaty Indians and aboriginal Americans must be considered in 
determining whether an allocation is fair and equitable.

[[Page 59]]

    (ii) Promotion of conservation. Numerous methods of allocating 
fishing privileges are considered ``conservation and management'' 
measures under section 303 of the Magnuson-Stevens Act. An allocation 
scheme may promote conservation by encouraging a rational, more easily 
managed use of the resource. Or, it may promote conservation (in the 
sense of wise use) by optimizing the yield in terms of size, value, 
market mix, price, or economic or social benefit of the product. To the 
extent that rebuilding plans or other conservation and management 
measures that reduce the overall harvest in a fishery are necessary, any 
harvest restrictions or recovery benefits must be allocated fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors of the fishery.
    (iii) Avoidance of excessive shares. An allocation scheme must be 
designed to deter any person or other entity from acquiring an excessive 
share of fishing privileges, and to avoid creating conditions fostering 
inordinate control, by buyers or sellers, that would not otherwise 
exist.
    (iv) Other factors. In designing an allocation scheme, a Council 
should consider other factors relevant to the FMP's objectives. Examples 
are economic and social consequences of the scheme, food production, 
consumer interest, dependence on the fishery by present participants and 
coastal communities, efficiency of various types of gear used in the 
fishery, transferability of effort to and impact on other fisheries, 
opportunity for new participants to enter the fishery, and enhancement 
of opportunities for recreational fishing.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, consider efficiency in the utilization of fishery 
resources; except that no such measure shall have economic allocation as 
its sole purpose.
    (b) Efficiency in the utilization of resources--(1) General. The 
term ``utilization'' encompasses harvesting, processing, marketing, and 
non-consumptive uses of the resource, since management decisions affect 
all sectors of the industry. In considering efficient utilization of 
fishery resources, this standard highlights one way that a fishery can 
contribute to the Nation's benefit with the least cost to society: Given 
a set of objectives for the fishery, an FMP should contain management 
measures that result in as efficient a fishery as is practicable or 
desirable.
    (2) Efficiency. In theory, an efficient fishery would harvest the OY 
with the minimum use of economic inputs such as labor, capital, 
interest, and fuel. Efficiency in terms of aggregate costs then becomes 
a conservation objective, where ``conservation'' constitutes wise use of 
all resources involved in the fishery, not just fish stocks.
    (i) In an FMP, management measures may be proposed that allocate 
fish among different groups of individuals or establish a system of 
property rights. Alternative measures examined in searching for an 
efficient outcome will result in different distributions of gains and 
burdens among identifiable user groups. An FMP should demonstrate that 
management measures aimed at efficiency do not simply redistribute gains 
and burdens without an increase in efficiency.
    (ii) Management regimes that allow a fishery to operate at the 
lowest possible cost (e.g., fishing effort, administration, and 
enforcement) for a particular level of catch and initial stock size are 
considered efficient. Restrictive measures that unnecessarily raise any 
of those costs move the regime toward inefficiency. Unless the use of 
inefficient techniques or the creation of redundant fishing capacity 
contributes to the attainment of other social or biological objectives, 
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should 
avoid creating strong incentives for excessive investment in private 
sector fishing capital and labor.
    (c) Limited access. A ``system for limiting access,'' which is an 
optional measure under section 303(b) of the Magnuson-Stevens Act, is a 
type of allocation of fishing privileges that may

[[Page 60]]

be considered to contribute to economic efficiency or conservation. For 
example, limited access may be used to combat overfishing, overcrowding, 
or overcapitalization in a fishery to achieve OY. In an unutilized or 
underutilized fishery, it may be used to reduce the chance that these 
conditions will adversely affect the fishery in the future, or to 
provide adequate economic return to pioneers in a new fishery. In some 
cases, limited entry is a useful ingredient of a conservation scheme, 
because it facilitates application and enforcement of other management 
measures.
    (1) Definition. Limited access (or limited entry) is a management 
technique that attempts to limit units of effort in a fishery, usually 
for the purpose of reducing economic waste, improving net economic 
return to the fishermen, or capturing economic rent for the benefit of 
the taxpayer or the consumer. Common forms of limited access are 
licensing of vessels, gear, or fishermen to reduce the number of units 
of effort, and dividing the total allowable catch into fishermen's 
quotas (a stock-certificate system). Two forms (i.e., Federal fees for 
licenses or permits in excess of administrative costs, and taxation) are 
not permitted under the Magnuson-Stevens Act, except for fees allowed 
under section 304(d)(2).
    (2) Factors to consider. The Magnuson-Stevens Act ties the use of 
limited access to the achievement of OY. An FMP that proposes a limited 
access system must consider the factors listed in section 303(b)(6) of 
the Magnuson-Stevens Act and in Sec. 600.325(c)(3). In addition, it 
should consider the criteria for qualifying for a permit, the nature of 
the interest created, whether to make the permit transferable, and the 
Magnuson-Stevens Act's limitations on returning economic rent to the 
public under section 304(d). The FMP should also discuss the costs of 
achieving an appropriate distribution of fishing privileges.
    (d) Analysis. An FMP should discuss the extent to which 
overcapitalization, congestion, economic waste, and inefficient 
techniques in the fishery reduce the net benefits derived from the 
management unit and prevent the attainment and appropriate allocation of 
OY. It should also explain, in terms of the FMP's objectives, any 
restriction placed on the use of efficient techniques of harvesting, 
processing, or marketing. If, during FMP development, the Council 
considered imposing a limited-entry system, the FMP should analyze the 
Council's decision to recommend or reject limited access as a technique 
to achieve efficient utilization of the resources of the fishing 
industry.
    (e) Economic allocation. This standard prohibits only those measures 
that distribute fishery resources among fishermen on the basis of 
economic factors alone, and that have economic allocation as their only 
purpose. Where conservation and management measures are recommended that 
would change the economic structure of the industry or the economic 
conditions under which the industry operates, the need for such measures 
must be justified in light of the biological, ecological, and social 
objectives of the FMP, as well as the economic objectives.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.335  National Standard 6--Variations and Contingencies.

    (a) Standard 6. Conservation and management measures shall take into 
account and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches.
    (b) Conservation and management. Each fishery exhibits unique 
uncertainties. The phrase ``conservation and management'' implies the 
wise use of fishery resources through a management regime that includes 
some protection against these uncertainties. The particular regime 
chosen must be flexible enough to allow timely response to resource, 
industry, and other national and regional needs. Continual data 
acquisition and analysis will help the development of management 
measures to compensate for variations and to reduce the need for 
substantial buffers. Flexibility in the management regime and the 
regulatory process will aid in responding to contingencies.

[[Page 61]]

    (c) Variations. (1) In fishery management terms, variations arise 
from biological, social, and economic occurrences, as well as from 
fishing practices. Biological uncertainties and lack of knowledge can 
hamper attempts to estimate stock size and strength, stock location in 
time and space, environmental/habitat changes, and ecological 
interactions. Economic uncertainty may involve changes in foreign or 
domestic market conditions, changes in operating costs, drifts toward 
overcapitalization, and economic perturbations caused by changed fishing 
patterns. Changes in fishing practices, such as the introduction of new 
gear, rapid increases or decreases in harvest effort, new fishing 
strategies, and the effects of new management techniques, may also 
create uncertainties. Social changes could involve increases or 
decreases in recreational fishing, or the movement of people into or out 
of fishing activities due to such factors as age or educational 
opportunities.
    (2) Every effort should be made to develop FMPs that discuss and 
take into account these vicissitudes. To the extent practicable, FMPs 
should provide a suitable buffer in favor of conservation. Allowances 
for uncertainties should be factored into the various elements of an 
FMP. Examples are:
    (i) Reduce OY. Lack of scientific knowledge about the condition of a 
stock(s) could be reason to reduce OY.
    (ii) Establish a reserve. Creation of a reserve may compensate for 
uncertainties in estimating domestic harvest, stock conditions, or 
environmental factors.
    (iii) Adjust management techniques. In the absence of adequate data 
to predict the effect of a new regime, and to avoid creating unwanted 
variations, a Council could guard against producing drastic changes in 
fishing patterns, allocations, or practices.
    (iv) Highlight habitat conditions. FMPs may address the impact of 
pollution and the effects of wetland and estuarine degradation on the 
stocks of fish; identify causes of pollution and habitat degradation and 
the authorities having jurisdiction to regulate or influence such 
activities; propose recommendations that the Secretary will convey to 
those authorities to alleviate such problems; and state the views of the 
Council on unresolved or anticipated issues.
    (d) Contingencies. Unpredictable events--such as unexpected resource 
surges or failures, fishing effort greater than anticipated, disruptive 
gear conflicts, climatic conditions, or environmental catastrophes--are 
best handled by establishing a flexible management regime that contains 
a range of management options through which it is possible to act 
quickly without amending the FMP or even its regulations.
    (1) The FMP should describe the management options and their 
consequences in the necessary detail to guide the Secretary in 
responding to changed circumstances, so that the Council preserves its 
role as policy-setter for the fishery. The description should enable the 
public to understand what may happen under the flexible regime, and to 
comment on the options.
    (2) FMPs should include criteria for the selection of management 
measures, directions for their application, and mechanisms for timely 
adjustment of management measures comprising the regime. For example, an 
FMP could include criteria that allow the Secretary to open and close 
seasons, close fishing grounds, or make other adjustments in management 
measures.
    (3) Amendment of a flexible FMP would be necessary when 
circumstances in the fishery change substantially, or when a Council 
adopts a different management philosophy and objectives.



Sec. 600.340  National Standard 7--Costs and Benefits.

    (a) Standard 7. Conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.
    (b) Necessity of Federal management--(1) General. The principle that 
not every fishery needs regulation is implicit in this standard. The 
Magnuson-Stevens Act requires Councils to prepare FMPs only for 
overfished fisheries and for other fisheries where regulation would 
serve some useful purpose and where the present or future benefits of 
regulation would justify the costs. For example, the need to collect 
data about a fishery is not, by itself,

[[Page 62]]

adequate justification for preparation of an FMP, since there are less 
costly ways to gather the data (see Sec. 600.320(d)(2). In some cases, 
the FMP preparation process itself, even if it does not culminate in a 
document approved by the Secretary, can be useful in supplying a basis 
for management by one or more coastal states.
    (2) Criteria. In deciding whether a fishery needs management through 
regulations implementing an FMP, the following general factors should be 
considered, among others:
    (i) The importance of the fishery to the Nation and to the regional 
economy.
    (ii) The condition of the stock or stocks of fish and whether an FMP 
can improve or maintain that condition.
    (iii) The extent to which the fishery could be or is already 
adequately managed by states, by state/Federal programs, by Federal 
regulations pursuant to FMPs or international commissions, or by 
industry self-regulation, consistent with the policies and standards of 
the Magnuson-Stevens Act.
    (iv) The need to resolve competing interests and conflicts among 
user groups and whether an FMP can further that resolution.
    (v) The economic condition of a fishery and whether an FMP can 
produce more efficient utilization.
    (vi) The needs of a developing fishery, and whether an FMP can 
foster orderly growth.
    (vii) The costs associated with an FMP, balanced against the 
benefits (see paragraph (d) of this section as a guide).
    (c) Alternative management measures. Management measures should not 
impose unnecessary burdens on the economy, on individuals, on private or 
public organizations, or on Federal, state, or local governments. 
Factors such as fuel costs, enforcement costs, or the burdens of 
collecting data may well suggest a preferred alternative.
    (d) Analysis. The supporting analyses for FMPs should demonstrate 
that the benefits of fishery regulation are real and substantial 
relative to the added research, administrative, and enforcement costs, 
as well as costs to the industry of compliance. In determining the 
benefits and costs of management measures, each management strategy 
considered and its impacts on different user groups in the fishery 
should be evaluated. This requirement need not produce an elaborate, 
formalistic cost/benefit analysis. Rather, an evaluation of effects and 
costs, especially of differences among workable alternatives, including 
the status quo, is adequate. If quantitative estimates are not possible, 
qualitative estimates will suffice.
    (1) Burdens. Management measures should be designed to give 
fishermen the greatest possible freedom of action in conducting business 
and pursuing recreational opportunities that are consistent with 
ensuring wise use of the resources and reducing conflict in the fishery. 
The type and level of burden placed on user groups by the regulations 
need to be identified. Such an examination should include, for example: 
Capital outlays; operating and maintenance costs; reporting costs; 
administrative, enforcement, and information costs; and prices to 
consumers. Management measures may shift costs from one level of 
government to another, from one part of the private sector to another, 
or from the government to the private sector. Redistribution of costs 
through regulations is likely to generate controversy. A discussion of 
these and any other burdens placed on the public through FMP regulations 
should be a part of the FMP's supporting analyses.
    (2) Gains. The relative distribution of gains may change as a result 
of instituting different sets of alternatives, as may the specific type 
of gain. The analysis of benefits should focus on the specific gains 
produced by each alternative set of management measures, including the 
status quo. The benefits to society that result from the alternative 
management measures should be identified, and the level of gain 
assessed.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.345  National Standard 8--Communities.

    (a) Standard 8. Conservation and management measures shall, 
consistent with the conservation requirements of the Magnuson-Stevens 
Act

[[Page 63]]

(including the prevention of overfishing and rebuilding of overfished 
stocks), take into account the importance of fishery resources to 
fishing communities by utilizing economic and social data that are based 
upon the best scientific information available in order to:
    (1) Provide for the sustained participation of such communities; and
    (2) To the extent practicable, minimize adverse economic impacts on 
such communities.
    (b) General. (1) This standard requires that an FMP take into 
account the importance of fishery resources to fishing communities. This 
consideration, however, is within the context of the conservation 
requirements of the Magnuson-Stevens Act. Deliberations regarding the 
importance of fishery resources to affected fishing communities, 
therefore, must not compromise the achievement of conservation 
requirements and goals of the FMP. Where the preferred alternative 
negatively affects the sustained participation of fishing communities, 
the FMP should discuss the rationale for selecting this alternative over 
another with a lesser impact on fishing communities. All other things 
being equal, where two alternatives achieve similar conservation goals, 
the alternative that provides the greater potential for sustained 
participation of such communities and minimizes the adverse economic 
impacts on such communities would be the preferred alternative.
    (2) This standard does not constitute a basis for allocating 
resources to a specific fishing community nor for providing preferential 
treatment based on residence in a fishing community.
    (3) The term ``fishing community'' means a community that is 
substantially dependent on or substantially engaged in the harvest or 
processing of fishery resources to meet social and economic needs, and 
includes fishing vessel owners, operators, and crew, and fish processors 
that are based in such communities. A fishing community is a social or 
economic group whose members reside in a specific location and share a 
common dependency on commercial, recreational, or subsistence fishing or 
on directly related fisheries-dependent services and industries (for 
example, boatyards, ice suppliers, tackle shops).
    (4) The term ``sustained participation'' means continued access to 
the fishery within the constraints of the condition of the resource.
    (c) Analysis. (1) FMPs must examine the social and economic 
importance of fisheries to communities potentially affected by 
management measures. For example, severe reductions of harvests for 
conservation purposes may decrease employment opportunities for 
fishermen and processing plant workers, thereby adversely affecting 
their families and communities. Similarly, a management measure that 
results in the allocation of fishery resources among competing sectors 
of a fishery may benefit some communities at the expense of others.
    (2) An appropriate vehicle for the analyses under this standard is 
the fishery impact statement required by section 303(a)(9) of the 
Magnuson-Stevens Act. Qualitative and quantitative data may be used, 
including information provided by fishermen, dealers, processors, and 
fisheries organizations and associations. In cases where data are 
severely limited, effort should be directed to identifying and gathering 
needed data.
    (3) To address the sustained participation of fishing communities 
that will be affected by management measures, the analysis should first 
identify affected fishing communities and then assess their differing 
levels of dependence on and engagement in the fishery being regulated. 
The analysis should also specify how that assessment was made. The best 
available data on the history, extent, and type of participation of 
these fishing communities in the fishery should be incorporated into the 
social and economic information presented in the FMP. The analysis does 
not have to contain an exhaustive listing of all communities that might 
fit the definition; a judgment can be made as to which are primarily 
affected. The analysis should discuss each alternative's likely effect 
on the sustained participation of these fishing communities in the 
fishery.
    (4) The analysis should assess the likely positive and negative 
social and economic impacts of the alternative

[[Page 64]]

management measures, over both the short and the long term, on fishing 
communities. Any particular management measure may economically benefit 
some communities while adversely affecting others. Economic impacts 
should be considered both for individual communities and for the group 
of all affected communities identified in the FMP. Impacts of both 
consumptive and non-consumptive uses of fishery resources should be 
considered.
    (5) A discussion of social and economic impacts should identify 
those alternatives that would minimize adverse impacts on these fishing 
communities within the constraints of conservation and management goals 
of the FMP, other national standards, and other applicable law.

[63 FR 24234, May 1, 1998, as amended at 73 FR 67810, Nov. 17, 2008]



Sec. 600.350  National Standard 9--Bycatch.

    (a) Standard 9. Conservation and management measures shall, to the 
extent practicable:
    (1) Minimize bycatch; and
    (2) To the extent bycatch cannot be avoided, minimize the mortality 
of such bycatch.
    (b) General. This national standard requires Councils to consider 
the bycatch effects of existing and planned conservation and management 
measures. Bycatch can, in two ways, impede efforts to protect marine 
ecosystems and achieve sustainable fisheries and the full benefits they 
can provide to the Nation. First, bycatch can increase substantially the 
uncertainty concerning total fishing-related mortality, which makes it 
more difficult to assess the status of stocks, to set the appropriate OY 
and define overfishing levels, and to ensure that OYs are attained and 
overfishing levels are not exceeded. Second, bycatch may also preclude 
other more productive uses of fishery resources.
    (c) Definition--Bycatch. The term ``bycatch'' means fish that are 
harvested in a fishery, but that are not sold or kept for personal use.
    (1) Inclusions. Bycatch includes the discard of whole fish at sea or 
elsewhere, including economic discards and regulatory discards, and 
fishing mortality due to an encounter with fishing gear that does not 
result in capture of fish (i.e., unobserved fishing mortality).
    (2) Exclusions. Bycatch excludes the following:
    (i) Fish that legally are retained in a fishery and kept for 
personal, tribal, or cultural use, or that enter commerce through sale, 
barter, or trade.
    (ii) Fish released alive under a recreational catch-and-release 
fishery management program. A catch-and-release fishery management 
program is one in which the retention of a particular species is 
prohibited. In such a program, those fish released alive would not be 
considered bycatch.
    (iii) Fish harvested in a commercial fishery managed by the 
Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species 
harvested in a commercial fishery managed by a Council under the 
Magnuson-Stevens Act or the Western and Central Pacific Fisheries 
Convention Implementation Act, that are not regulatory discards and that 
are tagged and released alive under a scientific tagging and release 
program established by the Secretary.
    (d) Minimizing bycatch and bycatch mortality. The priority under 
this standard is first to avoid catching bycatch species where 
practicable. Fish that are bycatch and cannot be avoided must, to the 
extent practicable, be returned to the sea alive. Any proposed 
conservation and management measure that does not give priority to 
avoiding the capture of bycatch species must be supported by appropriate 
analyses. In their evaluation, the Councils must consider the net 
benefits to the Nation, which include, but are not limited to: Negative 
impacts on affected stocks; incomes accruing to participants in directed 
fisheries in both the short and long term; incomes accruing to 
participants in fisheries that target the bycatch species; environmental 
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as 
recreational values; and impacts on other marine organisms. To evaluate 
conservation and management measures

[[Page 65]]

relative to this and other national standards, as well as to evaluate 
total fishing mortality, Councils must--
    (1) Promote development of a database on bycatch and bycatch 
mortality in the fishery to the extent practicable. A review and, where 
necessary, improvement of data collection methods, data sources, and 
applications of data must be initiated for each fishery to determine the 
amount, type, disposition, and other characteristics of bycatch and 
bycatch mortality in each fishery for purposes of this standard and of 
section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should 
be categorized to focus on management responses necessary to minimize 
bycatch and bycatch mortality to the extent practicable. When 
appropriate, management measures, such as at-sea monitoring programs, 
should be developed to meet these information needs.
    (2) For each management measure, assess the effects on the amount 
and type of bycatch and bycatch mortality in the fishery. Most 
conservation and management measures can affect the amounts of bycatch 
or bycatch mortality in a fishery, as well as the extent to which 
further reductions in bycatch are practicable. In analyzing measures, 
including the status quo, Councils should assess the impacts of 
minimizing bycatch and bycatch mortality, as well as consistency of the 
selected measure with other national standards and applicable laws. The 
benefits of minimizing bycatch to the extent practicable should be 
identified and an assessment of the impact of the selected measure on 
bycatch and bycatch mortality provided. Due to limitations on the 
information available, fishery managers may not be able to generate 
precise estimates of bycatch and bycatch mortality or other effects for 
each alternative. In the absence of quantitative estimates of the 
impacts of each alternative, Councils may use qualitative measures. 
Information on the amount and type of bycatch should be summarized in 
the SAFE reports.
    (3) Select measures that, to the extent practicable, will minimize 
bycatch and bycatch mortality. (i) A determination of whether a 
conservation and management measure minimizes bycatch or bycatch 
mortality to the extent practicable, consistent with other national 
standards and maximization of net benefits to the Nation, should 
consider the following factors:
    (A) Population effects for the bycatch species.
    (B) Ecological effects due to changes in the bycatch of that species 
(effects on other species in the ecosystem).
    (C) Changes in the bycatch of- other species of fish and the 
resulting population and ecosystem effects.
    (D) Effects on marine mammals and birds.
    (E) Changes in fishing, processing, disposal, and marketing costs.
    (F) Changes in fishing practices and behavior of fishermen.
    (G) Changes in research, administration, and enforcement costs and 
management effectiveness.
    (H) Changes in the economic, social, or cultural value of fishing 
activities and nonconsumptive uses of fishery resources.
    (I) Changes in the distribution of benefits and costs.
    (J) Social effects.
    (ii) The Councils should adhere to the precautionary approach found 
in the Food and Agriculture Organization of the United Nations (FAO) 
Code of Conduct for Responsible Fisheries (Article 6.5), which is 
available from the Director, Publications Division, FAO, Viale delle 
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty 
concerning any of the factors listed in this paragraph (d)(3).
    (4) Monitor selected management measures. Effects of implemented 
measures should be evaluated routinely. Monitoring systems should be 
established prior to fishing under the selected management measures. 
Where applicable, plans should be developed and coordinated with 
industry and other concerned organizations to identify opportunities for 
cooperative data collection, coordination of data management for cost 
efficiency, and avoidance of duplicative effort.
    (e) Other considerations. Other applicable laws, such as the MMPA, 
the ESA, and the Migratory Bird Treaty Act, require that Councils 
consider the

[[Page 66]]

impact of conservation and management measures on living marine 
resources other than fish; i.e., marine mammals and birds.

[63 FR 24235, May 1, 1998, as amended at 73 FR 67811, Nov. 17, 2008]



Sec. 600.355  National Standard 10--Safety of Life at Sea.

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs Councils to reduce that risk in crafting their management 
measures, so long as they can meet the other national standards and the 
legal and practical requirements of conservation and management. This 
standard is not meant to give preference to one method of managing a 
fishery over another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist. These constraints may create pressures on fishermen to 
fish under conditions that they would otherwise avoid. This standard 
instructs the Councils to identify and avoid those situations, if they 
can do so consistent with the legal and practical requirements of 
conservation and management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically, larger vessels can fish farther offshore and in more 
adverse weather conditions than smaller vessels. An FMP should try to 
avoid creating situations that result in vessels going out farther, 
fishing longer, or fishing in weather worse than they generally would 
have in the absence of management measures. Where these conditions are 
unavoidable, management measures should mitigate these effects, 
consistent with the overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often called ``derby'' fisheries, can create 
serious safety problems. To participate fully in such a fishery, 
fishermen may fish in bad weather and overload their vessel with catch 
and/or gear. Where these conditions exist, FMPs should attempt to 
mitigate these effects and avoid them in new management regimes, as 
discussed in paragraph (e) of this section.

[[Page 67]]

    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a list of some factors 
that could be considered when management measures are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.
    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]



                 Subpart E_Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

    NOAA is authorized under the Magnuson-Stevens Act and other statutes 
to collect proprietary or confidential commercial or financial 
information. This part applies to all pertinent data required to be 
submitted to the Secretary with respect to any FMP including, but not 
limited to, information regarding the type and quantity of fishing gear 
used, catch by species in numbers of fish or weight thereof, areas in 
which fishing occurred, time of fishing, number of hauls, and the 
estimated processing capacity of, and the actual processing capacity 
utilized by, U.S. fish processors.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.410  Collection and maintenance of statistics.

    (a) General. (1) All statistics required to be submitted to the 
Secretary are provided to the Assistant Administrator.
    (2) After receipt, the Assistant Administrator will remove all 
identifying particulars from the statistics if doing so is consistent 
with the needs of NMFS and good scientific practice.
    (3) Appropriate safeguards as specified by NOAA Directives, or other 
NOAA or NMFS internal procedures, apply to the collection and 
maintenance of all statistics, whether separated from identifying 
particulars or not, so as to ensure their confidentiality.
    (b) Collection agreements with states. (1) The Assistant 
Administrator may enter into an agreement with a state authorizing the 
state to collect statistics on behalf of the Secretary.
    (2) NMFS will not enter into a cooperative collection agreement with 
a state unless the state has authority to protect the statistics from 
disclosure in a manner at least as protective as these regulations.



Sec. 600.415  Access to statistics.

    (a) General. In determining whether to grant a request for access to 
confidential data, the following information will be taken into 
consideration (also see Sec. 600.130):
    (1) The specific types of data required.
    (2) The relevance of the data to conservation and management issues.

[[Page 68]]

    (3) The duration of time access will be required: continuous, 
infrequent, or one-time.
    (4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the 
requested needs.
    (b) Federal employees. Statistics submitted as a requirement of an 
FMP and that reveal the identity of the submitter will only be 
accessible to the following:
    (1) Personnel within NMFS responsible for the collection, 
processing, and storage of the statistics.
    (2) Federal employees who are responsible for FMP development, 
monitoring, and enforcement.
    (3) Personnel within NMFS performing research that requires 
confidential statistics.
    (4) Other NOAA personnel on a demonstrable need-to-know basis.
    (5) NOAA/NMFS contractors or grantees who require access to 
confidential statistics to perform functions authorized by a Federal 
contract or grant.
    (c) State personnel. Upon written request, confidential statistics 
will only be accessible if:
    (1) State employees demonstrate a need for confidential statistics 
for use in fishery conservation and management.
    (2) The state has entered into a written agreement between the 
Assistant Administrator and the head of the state's agency that manages 
marine and/or anadromous fisheries. The agreement shall contain a 
finding by the Assistant Administrator that the state has 
confidentiality protection authority comparable to the Magnuson-Stevens 
Act and that the state will exercise this authority to limit subsequent 
access and use of the data to fishery management and monitoring 
purposes.
    (d) Councils. Upon written request by the Council Executive 
Director, access to confidential data will be granted to:
    (1) Council employees who are responsible for FMP development and 
monitoring.
    (2) A Council for use by the Council for conservation and management 
purposes, with the approval of the Assistant Administrator. In addition 
to the information described in paragraph (a) of this section, the 
Assistant Administrator will consider the following in deciding whether 
to grant access:
    (i) The possibility that Council members might gain personal or 
competitive advantage from access to the data.
    (ii) The possibility that the suppliers of the data would be placed 
at a competitive disadvantage by public disclosure of the data at 
Council meetings or hearings.
    (3) A contractor of the Council for use in such analysis or studies 
necessary for conservation and management purposes, with approval of the 
Assistant Administrator and execution of an agreement with NMFS as 
described by NOAA Administrative Order (NAO) 216-100.
    (e) Prohibitions. Persons having access to these data are prohibited 
from unauthorized use or disclosure and are subject to the provisions of 
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, 
including NAO 216-100.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.420  Control system.

    (a) The Assistant Administrator maintains a control system to 
protect the identity of submitters of statistics required by an FMP. The 
control system:
    (1) Identifies those persons who have access to the statistics.
    (2) Contains procedures to limit access to confidential data to 
authorized users.
    (3) Provides for safeguarding the data.
    (b) This system requires that all persons who have authorized access 
to the data be informed of the confidentiality of the data. These 
persons are required to sign a statement that they:
    (1) Have been informed that the data are confidential.
    (2) Have reviewed and are familiar with the procedures to protect 
confidential statistics.



Sec. 600.425  Release of statistics.

    (a) The Assistant Administrator will not release to the public any 
statistics required to be submitted under an FMP

[[Page 69]]

in a form that would identify the submitter, except as required by law.
    (b) All requests from the public for statistics submitted in 
response to a requirement of an FMP will be processed consistent with 
the NOAA FOIA regulations (15 CFR part 903), NAO 205-14, Department of 
Commerce Administrative Orders 205-12 and 205-14 and 15 CFR part 4.
    (c) NOAA does not release or allow access to confidential 
information in its possession to members of Council advisory groups, 
except as provided by law.



                        Subpart F_Foreign Fishing



Sec. 600.501  Vessel permits.

    (a) General. (1) Each FFV fishing under the Magnuson-Stevens Act 
must have on board a permit issued under this section, unless it is 
engaged only in recreational fishing.
    (2) Permits issued under this section do not authorize FFV's or 
persons to harass, capture, or kill marine mammals. No marine mammals 
may be taken in the course of fishing unless that vessel has on board a 
currently valid Authorization Certificate under the MMPA. Regulations 
governing the taking of marine mammals incidental to commercial fishing 
operations are contained in 50 CFR part 229 of this title.
    (b) Responsibility of owners and operators. The owners and operators 
of each FFV are jointly and severally responsible for compliance with 
the Magnuson-Stevens Act, the applicable GIFA, this subpart, and any 
permit issued under the Magnuson-Stevens Act and this subpart. The 
owners and operators of each FFV bear civil responsibility for the acts 
of their employees and agents constituting violations, regardless of 
whether the specific acts were authorized or even forbidden by the 
employer or principal, and regardless of knowledge concerning the 
occurrence.
    (c) Activity codes. Permits to fish under this subpart may be issued 
by the Assistant Administrator for the activities described in this 
paragraph, but the permits may be modified by regulations of this 
subpart and by the conditions and restrictions attached to the permit 
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant 
Administrator may issue a permit, as appropriate, for one or more of the 
activity codes listed. Only vessels of nations having a GIFA with the 
United States may be issued permits for activity codes 1 through 9. A 
GIFA is not required for a vessel to be issued a permit for activity 
code 10. The activity codes are described as follows:
    (1) Activity Code 1. Catching, scouting, processing, transshipping, 
and supporting foreign vessels. Activity is limited to fish harvested or 
to be harvested by foreign vessels in the EEZ.
    (2) Activity Code 2. Processing, scouting, transshipping, and 
supporting foreign vessels. Activity is limited to fish harvested or to 
be harvested by foreign vessels in the EEZ.
    (3) Activity Code 3. Transshipping, scouting, and supporting foreign 
vessels. Activity is limited to fish harvested or to be harvested by 
foreign vessels in the EEZ.
    (4) Activity Code 4. Processing, scouting, transshipping, and 
supporting U.S. vessels delivering fish to foreign vessels. Activity is 
limited to the receipt of unprocessed fish harvested or to be harvested 
by U.S. vessels.
    (5) Activity Code 5. Transshipping, scouting, and supporting foreign 
vessels. Transshipment limited to fish received or to be received from 
foreign vessels processing fish from U.S. harvesting vessels.
    (6) Activity Code 6. Transshipping, scouting, and supporting U.S. 
vessels. Transshipment limited to U.S.-harvested fish processed on board 
U.S. vessels.
    (7) Activity Code 7. Processing, transshipping, and supporting 
foreign vessels. Activity limited to fish harvested or to be harvested 
by foreign vessels seaward of the EEZ.
    (8) Activity Code 8. Transshipping and supporting foreign vessels. 
Activity is limited to fish harvested or to be harvested seaward of the 
EEZ by foreign vessels or fish duly authorized for processing in the 
internal waters of one of the states.
    (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish 
processing vessels and any foreign fishing vessels

[[Page 70]]

authorized under any activity code under paragraph (c) of this subpart.
    (10) Activity Code 10. Transshipping at sea for the purpose of 
transporting fish or fish products from a point within the EEZ or, with 
the concurrence of a state, within the boundaries of that state, to a 
point outside the United States.
    (d) Application. (1) Applications for FFV permits authorizing 
activity codes 1 through 9 must be submitted by an official 
representative of a foreign nation to the DOS. Applications for permits 
authorizing activity codes 1 through 9 are available from, and should be 
submitted to, DOS, OES/OMC, Washington, DC 20520. Applications for FFV 
permits authorizing activity code 10 may be submitted by any person to 
the Assistant Administrator. Applications for permits authorizing 
activity code 10 are available from NMFS, Attn: Office of International 
Affairs, 1315 East West Highway, Silver Spring, Maryland 20910. All 
applicants should allow 90 days for review and comment by the public, 
involved governmental agencies, and appropriate Councils and for 
processing before the anticipated date to begin fishing. The permit 
application fee must be paid at the time of application according to 
Sec. 600.518.
    (2) Applicants must provide complete and accurate information 
requested on the permit application form.
    (3) Applicants for FFV's that will support U.S. vessels in joint 
ventures (Activity Code 4) must provide the additional information 
specified by the permit application form.
    (4) Each applicant may request to substitute one FFV for another of 
the same flag by submitting a new application form and a short 
explanation of the reason for the substitution to the appropriate 
address listed at paragraph (d)(1) of this section. Each substitution is 
considered a new application, and a new application fee must be paid. 
NMFS will promptly process an application for a vessel replacing a 
permitted FFV that is disabled or decommissioned, once the appropriate 
Council(s) and governmental agencies have been notified of the 
substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator after--
    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
    (ii) The applicant has paid the fees and provided any assurances 
required by the Secretary in accordance with the provisions of Sec. 
600.518.
    (iii) The applicant has appointed an agent.
    (iv) The applicant has identified a designated representative.
    (v) The applicant has accepted the general ``conditions and 
restrictions'' of receiving permits, as required by section 204(b)(7) of 
the Magnuson-Stevens Act, and any ``additional restrictions'' attached 
to the permit for the conservation and management of fishery resources 
or for the prevention of significant impairment of the national defense 
or security interests.
    (2) The DOS will provide permits for activity codes 1 through 9 to 
the official representative of the applicant foreign nation. The 
Assistant Administrator will provide permits for activity code 10 
directly to the applicant.
    (3) An approved permit will contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and/or activity codes.
    (iii) The date of issuance and expiration date, if other than 
December 31.
    (iv) All conditions and restrictions, and any additional 
restrictions and technical modifications appended to the permit.
    (4) Permits are not issued for boats that are launched from larger 
vessels. Any enforcement action that results from the activities of a 
launched boat will be taken against the permitted vessel.
    (f) Duration. A permit is valid from its date of issuance to its 
date of expiration, unless it is revoked or suspended or the nation 
issuing the FFV's documents does not accept amendments to the permit 
made by the Assistant Administrator in accordance with the procedures of 
paragraph (l) of this section. The permit will be valid

[[Page 71]]

for no longer than the calendar year in which it was issued.
    (g) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the FFV to which it is issued.
    (h) Display. Each FFV operator must have a properly completed permit 
form available on board the FFV when engaged in fishing activities and 
must produce it at the request of an authorized officer or observer.
    (i) Suspension and revocation. NMFS may apply sanctions to an FFV's 
permit by revoking, suspending, or imposing additional permit 
restrictions on the permit under 15 CFR part 904, if the vessel is 
involved in the commission of any violation of the Magnuson-Stevens Act, 
the GIFA, or this subpart; if an agent and a designated representative 
are not maintained in the United States; if a civil penalty or criminal 
fine imposed under the Magnuson-Stevens Act has become overdue; or as 
otherwise specified in the Magnuson-Stevens Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. The applicant must report, in 
writing, any change in the information supplied under paragraph (d) of 
this section to the Assistant Administrator within 15 calendar days 
after the date of the change. Failure to report a change in the 
ownership from that described in the current application within the 
specified time frame voids the permit, and all penalties involved will 
accrue to the previous owner.
    (l) Permit amendments. (1) The Assistant Administrator may amend a 
permit by adding ``additional restrictions'' for the conservation and 
management of fishery resources covered by the permit, or for the 
national defense or security if the Assistant Administrator determines 
that such interests would be significantly impaired without such 
restrictions. Compliance with the added additional restrictions is a 
condition of the permit. Violations of added additional restrictions 
will be treated as violations of this subpart.
    (2) The Assistant Administrator may make proposed additional 
restrictions effective immediately, if necessary, to prevent substantial 
harm to a fishery resource of the United States, to allow for the 
continuation of ongoing fishing operations, or to allow for fishing to 
begin at the normal time for opening of the fishery.
    (3) The Assistant Administrator will send proposed additional 
restrictions to each Nation whose vessels are affected (via the 
Secretary of State), to the appropriate Councils, and to the Commandant 
of the Coast Guard. NMFS will, at the same time, publish a document of 
any significant proposed additional restrictions in the Federal 
Register. The document will include a summary of the reasons underlying 
the proposal, and the reasons that any proposed additional restrictions 
are made effective immediately.
    (4) The Nation whose vessels are involved, the owners of the 
affected vessels, their representatives, the agencies specified in 
paragraph (l)(3) of this section, and the public may submit written 
comments on the proposed additional restrictions within 30 days after 
publication in the Federal Register.
    (5) The Assistant Administrator will make a final decision regarding 
the proposed additional restrictions as soon as practicable after the 
end of the comment period. The Assistant Administrator will provide the 
final additional restrictions to the Nation whose vessels are affected 
(via the Secretary of State) according to the procedures of paragraph 
(e) of this section. The Assistant Administrator will include with the 
final additional restrictions to the Nation, a response to comments 
submitted.
    (6) Additional restrictions may be modified by following the 
procedures of paragraphs (l)(2) through (l)(5) of this section.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39019, July 21, 1999; 76 FR 59305, Sept. 26, 2011]



Sec. 600.502  Vessel reports.

    (a) The operator of each FFV must report the FFV's activities to the 
USCG and NMFS as specified in this section.
    (b) All reports required by this section must be in English and in 
the formats specified in the permit additions and restrictions. Reports 
must be delivered via private or commercial communications facilities, 
facsimile, or

[[Page 72]]

other electronic means acceptable to NMFS and the USCG, directly to the 
appropriate NMFS Region or Center and USCG commander. Weekly reports 
must also be delivered directly to the appropriate NMFS Region or Center 
(see tables 1 and 2 of this section). (The required reports may be 
delivered to the closest USCG communication station as indicated in 
table 3 of this section or other USCG communication station only if 
adequate private or commercial communications facilities have not been 
successfully contacted.) Radio reports must be made via radiotelegraphy, 
Telex, or facsimile where available. For the purposes of this section, a 
message is considered ``transmitted'' when its receipt is acknowledged 
by a communications facility and considered ``delivered'' upon its 
receipt by the offices of the appropriate USCG commander, NMFS Regional 
Office, or NMFS Center identified in table 2 of this section. Reports 
required by this section may be submitted by the vessel's designated 
representative; however, the operator of the FFV is responsible for the 
correct and timely filing of all required reports.
    (c) Activity reports. The operator of each FFV must report the FFV's 
movements and activities before or upon the event, as specified in this 
paragraph (c). Appropriate forms, instructions, codes, and examples are 
contained in the conditions and restrictions of the FFV's permit. Each 
FFV report must contain the following information: The message 
identifier ``VESREP'' to indicate it is a vessel activity report, FFV 
name, international radio call sign IRCS, date (month and day based on 
GMT), time (hour and minute GMT), position (latitude and longitude to 
the nearest degree and minute) where required, area (by fishing area 
code) where required, the appropriate action code, confirmation codes 
where required, and the other information specified in paragraphs (c)(1) 
through (c)(11) of this section.
    (1) ``BEGIN''. Each operator must specify the date, time, position, 
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the 
species (by species code), product (by product code), and quantity of 
all fish and fish products (by product weight to the nearest hundredth 
of a metric ton) on board when entering the EEZ (action code ``BEGIN''). 
The message must be delivered at least 24 hours before the vessel begins 
to fish.
    (2) ``DEPART''. Each operator must specify the date, time, position, 
and area the FFV will ``DEPART'' the EEZ to embark or debark an 
observer, to visit a U.S. port, to conduct a joint venture in internal 
waters, or to otherwise temporarily leave an authorized fishing area, 
but not depart the seaward limit of the EEZ (action code ``DEPART''). 
The message must be transmitted before the FFV departs the present 
fishing area and delivered within 24 hours of its transmittal.
    (3) ``RETURN''. Each operator must specify the date, time, position, 
and area the FFV will ``RETURN'' to the EEZ following a temporary 
departure, and the species (by species code), product (by product code), 
and quantity of all fish and fish products (by product weight to the 
nearest hundredth of a metric ton) on board that were received in a 
joint venture in internal waters (action code ``RETURN''). The message 
must be transmitted before returning to the EEZ and delivered within 24 
hours of its transmittal.
    (4) ``SHIFT''. Each operator must report each SHIFT in fishing area 
(as described for each fishery) by specifying the date, time, and 
position the FFV will start fishing, and the new area (action code 
``SHIFT''). The message must be transmitted before leaving the original 
area and delivered within 24 hours of its transmittal. If a foreign 
vessel operates within 20 nautical miles (37.04 km) of a fishing area 
boundary, its operator may submit in one message the shift reports for 
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT). 
This message must be transmitted prior to the last shift expected to be 
made in the day and delivered within 24 hours of its transmittal.
    (5) ``JV OPS''. Each operator must specify the date, time, position, 
and area at which the FFV will ``START'' joint venture operations 
(action code ``START JV OPS'') or ``END'' joint venture operations 
(action code ``END JV OPS''). These reports must be made in addition to 
other activity reports made under this section. Each message

[[Page 73]]

must be transmitted before the event and delivered within 24 hours of 
its transmittal.
    (6) ``TRANSFER''. The operator of each FFV that anticipates a 
transshipping operation in which the FFV will receive fish or fisheries 
products must specify the date, time, position and area the FFV will 
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S. 
vessel involved (action code ``TRANSFER''). The report must include the 
permit activity code under which the transfer will be made. The message 
must be transmitted prior to the transfer and delivered within 24 hours 
of its transmittal. The movement of raw fish from a permitted foreign 
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel 
to the reporting processing vessel and the return of nets or codends is 
not considered a transfer.
    (7) ``OFFLOADED''. Each operator must specify the date, time, 
position, and area the FFV ``OFFLOADED'' fish or fisheries products TO 
another FFV or a U.S. vessel in a transfer, the other FFV's or U.S. 
vessel's name, IRCS, Permit Activity Code under which the transfer was 
made, species (by species code) and quantity of fish and fisheries 
products (by product code and by product weight, to the nearest 
hundredth of a metric ton) offloaded (action code ``OFFLOADED TO''). The 
message must be transmitted within 12 hours after the transfer is 
completed and delivered within 24 hours of its transmittal and before 
the FFV ceases fishing in the EEZ.
    (8) ``RECEIVED''. Each operator must specify the date, time, 
position and area the vessel ``RECEIVED'' fish or fisheries products 
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the receipt was made, species (by 
species code) and quantity of fish and fisheries products (by product 
code and by product weight, to the nearest hundredth of a metric ton) 
received (action code ``RECEIVED FROM''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the vessel 
ceases fishing in the EEZ.
    (9) ``CEASE''. Each operator must specify the date, time, position, 
and area the FFV will ``CEASE'' fishing in order to leave the EEZ 
(action code ``CEASE''). The message must be delivered at least 24 hours 
before the FFV's departure.
    (10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the 
FFV's operations if the position or time of an event specified in an 
activity report will vary more than 5 nautical miles (9.26 km) or 4 
hours from that previously reported, by sending a revised message 
inserting the word ``CHANGE'' in front of the previous report, repeating 
the name, IRCS, date, and time of the previous report, adding the word 
``TO'' and the complete revised text of the new report (action code 
``CHANGE TO''). Changes to reports specifying an early beginning of 
fishing by an FFV or other changes to reports contained in paragraphs 
(c)(1) through (c)(9) of this section must be transmitted and delivered 
as if the ``CHANGE'' report were the original message.
    (11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous 
report may do so by sending a revised message, and inserting the word 
``CANCEL'' in front of the previous report's vessel name, IRCS, date, 
time and action code canceled (action code ``CANCEL''). The message must 
be transmitted and delivered prior to the date and time of the event in 
the original message.
    (d) The operator of an FFV will be in violation of paragraphs (c)(1) 
through (c)(9) of this section if the FFV does not pass within 5 
nautical miles (9.26 km) of the position given in the report within 4 
hours of the time given in the report.
    (e) The notices required by this section may be provided for 
individual or groups of FFV's (on a vessel-by-vessel basis) by 
authorized persons. An FFV operator may retransmit reports on the behalf 
of another FFV, if authorized by that FFV's operator. This does not 
relieve the individual vessel operator of the responsibility of filing 
required reports. In these cases, the message format should be modified 
so that each line of text under ``VESREP'' is a separate vessel report.

[[Page 74]]

    (f) Weekly reports. (1) The operator of each FFV in the EEZ must 
submit appropriate weekly reports through the Nation's designated 
representative. The report must arrive at the address and time specified 
in paragraph (g) of this section. The reports may be sent by facsimile 
or Telex, but a completed copy of the report form must be mailed or hand 
delivered to confirm the Telex. Appropriate forms, instructions, codes, 
and examples are contained in the conditions and restrictions of the 
FFV's permit. Designated representatives may include more than one 
vessel report in a facsimile or Telex message, if the information is 
submitted on a vessel-by-vessel basis. Requests for corrections to 
previous reports must be submitted through the Nation's designated 
representative and mailed or hand-delivered, together with a written 
explanation of the reasons for the errors. The appropriate Regional 
Administrator or Science and Research Director may accept or reject any 
correction and initiate any appropriate civil penalty actions.
    (2) Weekly catch report (CATREP). The operator of each FFV must 
submit a weekly catch report stating any catch (Activity Code 1) in 
round weight of each species or species group allocated to that Nation 
by area and days fished in each area for the weekly period Sunday 
through Saturday, GMT, as modified by the fishery in which the FFV is 
engaged. Foreign vessels delivering unsorted, unprocessed fish to a 
processing vessel are not required to submit CATREP's, if that 
processing vessel (Activity Code 2) submits consolidated CATREP's for 
all fish received during each weekly period. No report is required for 
FFV's that do not catch or receive foreign-caught fish during the 
reporting period.
    (3) Weekly receipts report (RECREP). The operator of each FFV must 
submit a weekly report stating any receipts of U.S.-harvested fish in a 
joint venture (Activity Code 4) for the weekly period Sunday through 
Saturday, GMT, as modified by the fishery in which the FFV is engaged, 
for each fishing area, by authorized or prohibited species or species 
group; days fish received; round weight retained or returned to the U.S. 
fishing vessel; number of codends received; and number of vessels 
transferring codends. The report must also include the names of U.S. 
fishing vessels transferring codends during the week. No report is 
required for FFV's that do not receive any U.S.-harvested fish during 
the reporting period.
    (4) Marine mammal report (MAMREP). The operator of each FFV must 
submit a weekly report stating any incidental catch or receipt of marine 
mammals (Activity Codes 1 or 2 and/or 4), the geographical position 
caught, the condition of the animal, number caught (if more than one of 
the same species and condition), and nationality of the catching vessel 
for the period Sunday through Saturday, GMT, as modified by the fishery 
in which the vessel is engaged. Foreign catching vessels delivering 
unsorted, unprocessed fish to processing vessel are not required to 
submit MAMREP's, provided that the processing or factory vessel 
(Activity Code 2) submits consolidated MAMREP's for all fish received 
during each weekly period. FFV's receiving U.S.-harvested fish in a 
joint venture (Activity Code 4) must submit consolidated reports for 
U.S. vessels operating in the joint venture. No report is required for 
FFV's that do not catch or receive marine mammals during the reporting 
period.
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the prescribed 
format to the appropriate Regional Administrator or Science and Research 
Director of NMFS by 1900 GMT on the Wednesday following the end of the 
reporting period. However, by agreement with the appropriate Regional 
Administrator or Science and Research Director, the designated 
representative may submit weekly reports to some other facility of NMFS.
    (h) Alternative reporting procedures. As an alternative to the use 
of the specific procedures provided, an applicant may submit proposed 
reporting procedures for a general type of fishery operation (i.e., 
transshipments under Activity Code 10) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 
600.502 of this chapter). With the agreement of the USCG commander, the 
Regional

[[Page 75]]

Administrator may authorize the use of alternative reporting procedures.

                  Table 1 to Sec. 600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
Administrator, Northeast      Director, Northeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.
                               Water St., Woods
                               Hole, MA 02543-1097.
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 263 13th   Center, National      Guard, Governor's
 Ave. South, St. Petersburg,   Marine Fisheries      Island, New York
 FL 33701.                     Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149.
Administrator, Northwest      Director, Northwest   Commander, Pacific
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, Government
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.
 Seattle, WA 98115.            Montlake Blvd.
                               East, Seattle, WA
                               98112-2097.
Administrator, Alaska         Director, Alaska      Commander,
 Region, National Marine       Fisheries Science     Seventeenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District,
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.
                               Sand Point Way, NE,
                               BIN C15700, Bldg.
                               4, Seattle, WA
                               98115-0070.
Administrator, Southwest      Director, Southwest   Commander,
 Region, National Marine       Fisheries Science     Fourteenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         Box 271, La Jolla,
                               CA 92038-0271.
Administrator, Pacific        Director, Pacific     Commander,
 Islands Region, National      Islands Fisheries     Fourteenth Coast
 Marine Fisheries Service,     Science Center,       Guard District, 300
 NOAA, 1845 Wasp Blvd.,        National Marine       Ala Moana Blvd.,
 Bldg. 176, Honolulu, HI       Fisheries Service,    Honolulu, HI 96850.
 96818.                        NOAA, 1845 Wasp
                               Blvd., Bldg. 176,
                               Honolulu, HI 96818.
------------------------------------------------------------------------


   Table 2 to Sec. 600.502--Areas of Responsibility of NMFS and U.S.
                           Coast Guard Offices
------------------------------------------------------------------------
   Area of responsibility/       National Marine
           fishery              Fisheries Service     U.S. Coast Guard
------------------------------------------------------------------------
Atlantic Ocean North of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic
 Billfish and Sharks.          Sustainable           Area.
                               Fisheries.
Gulf of Mexico and Caribbean  Administrator,        Commander, Atlantic
 Sea.                          Southeast Region.     Area.
Pacific Ocean off the States  Administrator,        Commander, Pacific
 of California, Oregon, and    Northwest Region.     Area.
 Washington.
North Pacific Ocean and       Administrator,        Commander,
 Bering Sea off Alaska.        Alaska Region.        Seventeenth Coast
                                                     Guard District.
Pacific Ocean off Hawaii,     Administrator,        Commander,
 American Samoa, Guam,         Pacific Islands       Fourteenth Coast
 Commonwealth of the           Region.               Guard District.
 Northern Mariana Islands,
 and U.S. Insular
 Possessions in the Central
 and Western Pacific.
------------------------------------------------------------------------


               Table 3 to Sec. 600.502--U.S. Coast Guard Communications Stations and Frequencies
----------------------------------------------------------------------------------------------------------------
                                                                    Radiotelephone
   U.S. Coast Guard communications   ---------------------------------------------------------------------------
               station                         IRCS                 Channel \1\                GMT time
----------------------------------------------------------------------------------------------------------------
Boston..............................  NMF                     A-E                     2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSLANT Chesapeake (Portsmouth, VA)  NMN                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
New Orleans.........................  NMG                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSPAC Point Reyes (San Francisco,   NMC                     A-D                     All.
 CA).

[[Page 76]]

 
                                      ......................  E                       (On request).
Honolulu............................  NMO                     A-D                     All.
                                      ......................  E                       (On request).
Kodiak..............................  NOJ                     A-D                     All.
                                      ......................  E                       (On request).
----------------------------------------------------------------------------------------------------------------
\1\ Carrier frequencies of duplex, high-frequency single-sideband channels are:


------------------------------------------------------------------------
              Letter                  Shore transmit     Ship transmit
------------------------------------------------------------------------
A.................................             4426.0             4134.0
B.................................             6501.0             6200.0
C.................................             8764.0             8240.0
D.................................            13089.0            12242.0
E.................................            17314.0            16432.0
------------------------------------------------------------------------


[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 39020, July 21, 1999; 69 FR 8341, Feb. 24, 2004; 76 FR 34902, June 
15, 2011; 79 FR 64111, Oct. 28, 2014]



Sec. 600.503  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each FFV assigned an 
IRCS must display that call sign amidships on both the port and 
starboard sides of the deckhouse or hull, so that it is visible from an 
enforcement vessel, and on an appropriate weather deck so it is visible 
from the air.
    (2) The operator of each FFV not assigned an IRCS, such as a small 
trawler associated with a mothership or one of a pair of trawlers, must 
display the IRCS of the associated vessel, followed by a numerical 
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small 
trawlers not assigned an IRCS operating with a mothership whose IRCS is 
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS 
operating with a trawler whose IRCS is JANP.)
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the FFV in block Roman 
alphabet letters and Arabic numerals at least 1 m in height for FFV's 
over 20 m in length, and at least 0.5 m in height for all other FFV's.
    (b) Navigational lights and shapes. Each FFV must display the lights 
and shapes prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for 
the activity in which the FFV is engaged (as described at 33 CFR part 
81).
    (c) Gear identification. (1) The operator of each FFV must ensure 
that all deployed fishing gear that is not physically and continuously 
attached to an FFV:
    (i) Is clearly marked at the surface with a buoy displaying the 
vessel identification of the FFV (see paragraph (a) of this section) to 
which the gear belongs.
    (ii) Has attached a light visible for 2 nautical miles (3.70 km) at 
night in good visibility.
    (iii) Has a radio buoy.
    Trawl codends passed from one vessel to another are considered 
continuously attached gear and are not required to be marked.
    (2) The operator of each FFV must ensure that deployed longlines, 
strings of traps or pots, and gillnets are marked at the surface at each 
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this 
section).
    (3) Additional requirements may be specified for the fishery in 
which the vessel is engaged.
    (4) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer.
    (d) Maintenance. The operator of each FFV must--

[[Page 77]]

    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the FFV obstructs the view of the 
markings from an enforcement vessel or aircraft.
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the FFV's activity and are properly functioning.



Sec. 600.504  Facilitation of enforcement.

    (a) General. (1) The owner, operator, or any person aboard any FFV 
subject to this subpart must immediately comply with instructions and 
signals issued by an authorized officer to stop the FFV; to move the FFV 
to a specified location; and to facilitate safe boarding and inspection 
of the vessel, its gear, equipment, records, and fish and fish products 
on board for purposes of enforcing the Magnuson-Stevens Act and this 
subpart.
    (2) The operator of each FFV must provide vessel position or other 
information when requested by an authorized officer within the time 
specified in the request.
    (b) Communications equipment. (1) Each FFV must be equipped with a 
VHF-FM radiotelephone station located so that it may be operated from 
the wheelhouse. Each operator must maintain a continuous listening watch 
on channel 16 (156.8 mHz).
    (2) Each FFV must be equipped with a radiotelephone station capable 
of communicating via 2182 kHz (SSB) radiotelephony and at least one set 
of working frequencies identified in table 3 to Sec. 600.502 
appropriate to the fishery in which the FFV is operating. Each operator 
must monitor and be ready to communicate via 2182 kHz (SSB) 
radiotelephone each day from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, 
and in preparation for boarding.
    (3) FFV's that are not equipped with processing facilities and that 
deliver all catches to a foreign processing vessel are exempt from the 
requirements of paragraph (b)(2) of this section.
    (4) FFV's with no IRCS that do not catch fish and are used as 
auxiliary vessels to handle codends, nets, equipment, or passengers for 
a processing vessel are exempt from the requirements of paragraphs 
(b)(1) and (b)(2) of this section.
    (5) The appropriate Regional Administrator, with the agreement of 
the appropriate USCG commander, may, upon request by a foreign nation, 
accept alternatives to the radio requirements of this section to certain 
FFV's or types of FFV's operating in a fishery, provided they are 
adequate for the communications needs of the fishery.
    (c) Communications procedures. (1) Upon being approached by a USCG 
vessel or aircraft, or other vessel or aircraft with an authorized 
officer aboard, the operator of any FFV subject to this subpart must be 
alert for communications conveying enforcement instructions. The 
enforcement unit may communicate by channel 16 VHF-FM radiotelephone, 
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing 
light or flag signals from the International Code of Signals, hand 
signal, placard, loudhailer, or other appropriate means. The following 
signals, extracted from the International Code of Signals, are among 
those that may be used.
    (i) ``AA, AA, AA, etc.'', which is the call for an unknown station. 
The signaled vessel should respond by identifying itself or by 
illuminating the vessel identification required by Sec. 600.505.
    (ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat 
is coming to you''.
    (iii) ``SQ3'', meaning ``You should stop or heave to; I am going to 
board you''.
    (iv) ``L'', meaning ``You should stop your vessel instantly.''
    (2) Failure of an FFV's operator to stop the vessel when directed to 
do so by an authorized officer using VHF-FM radiotelephone (channel 16), 
2182 kHz (SSB) radiotelephone (where required), message block from an 
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a 
violation of this subpart.
    (3) The operator of or any person aboard an FFV who does not 
understand a signal from an enforcement unit and who is unable to obtain 
clarification by radiotelephone or other means must consider the signal 
to be a command to stop the FFV instantly.
    (d) Boarding. The operator of an FFV signaled for boarding must--

[[Page 78]]

    (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) 
VHF-FM radiotelephone.
    (2) Stop immediately and lay to or maneuver in such a way as to 
maintain the safety of the FFV and facilitate boarding by the authorized 
officer and the boarding party or an observer.
    (3) Provide the authorized officer, boarding party, or observer a 
safe pilot ladder. The operator must ensure the pilot ladder is securely 
attached to the FFV and meets the construction requirements of 
Regulation 17, Chapter V of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), 
or a substantially equivalent national standard approved by letter from 
the Assistant Administrator, with agreement with the USCG. Safe pilot 
ladder standards are summarized below:
    (i) The ladder must be of a single length of not more than 9 m (30 
ft), capable of reaching the water from the point of access to the FFV, 
accounting for all conditions of loading and trim of the FFV and for an 
adverse list of 15 deg.. Whenever the distance from sea level to the 
point of access to the ship is more than 9 m (30 ft), access must be by 
means of an accommodation ladder or other safe and convenient means.
    (ii) The steps of the pilot ladder must be--
    (A) Of hardwood, or other material of equivalent properties, made in 
one piece free of knots, having an efficient non-slip surface; the four 
lowest steps may be made of rubber of sufficient strength and stiffness 
or of other suitable material of equivalent characteristics.
    (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, 
and 25 mm (1 inch) in depth, excluding any non-slip device.
    (C) Equally spaced not less than 300 millimeters (12 inches) nor 
more than 380 mm (15 inches) apart and secured in such a manner that 
they will remain horizontal.
    (iii) No pilot ladder may have more than two replacement steps that 
are secured in position by a method different from that used in the 
original construction of the ladder.
    (iv) The side ropes of the ladder must consist of two uncovered 
manila ropes not less than 60 mm (2.25 inches) in circumference on each 
side (or synthetic ropes of equivalent size and equivalent or greater 
strength). Each rope must be continuous, with no joints below the top 
step.
    (v) Battens made of hardwood, or other material of equivalent 
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long 
must be provided at such intervals as will prevent the pilot ladder from 
twisting. The lowest batten must be on the fifth step from the bottom of 
the ladder and the interval between any batten and the next must not 
exceed nine steps.
    (vi) Where passage onto or off the ship is by means of a bulwark 
ladder, two handhold stanchions must be fitted at the point of boarding 
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in 
diameter, and must extend not less than 1.20 m (3 ft 11 inches) above 
the top of the bulwark.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope, safety line, and 
illumination for the ladder; and
    (5) Take such other actions as necessary to ensure the safety of the 
authorized officer and the boarding party and to facilitate the boarding 
and inspection.
    (e) Access and records. (1) The owner and operator of each FFV must 
provide authorized officers access to all spaces where work is conducted 
or business papers and records are prepared or stored, including but not 
limited to, personal quarters and areas within personal quarters.
    (2) The owner and operator of each FFV must provide to authorized 
officers all records and documents pertaining to the fishing activities 
of the vessel, including but not limited to, production records, fishing 
logs, navigation logs, transfer records, product receipts, cargo stowage 
plans or records, draft or displacement calculations, customs documents 
or records, and an accurate hold plan reflecting the current structure 
of the vessel's storage and factory spaces.

[[Page 79]]

    (f) Product storage. The operator of each permitted FFV storing fish 
or fish products in a storage space must ensure that all non-fish 
product items are neither stowed beneath nor covered by fish products, 
unless required to maintain the stability and safety of the vessel. 
These items include, but are not limited to, portable conveyors, exhaust 
fans, ladders, nets, fuel bladders, extra bin boards, or other movable 
non-product items. These items may be in the space when necessary for 
safety of the vessel or crew or for storage of the product. Lumber, bin 
boards, or other dunnage may be used for shoring or bracing of product 
to ensure safety of crew and to prevent shifting of cargo within the 
space.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:
    (1) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of any fish taken or retained in 
violation of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any permit issued under this subpart;
    (2) Refuse to allow an authorized officer to board an FFV for 
purposes of conducting any search or inspection in connection with the 
enforcement of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any other permit issued under this subpart;
    (3) Assault, resist, oppose, impede, intimidate, or interfere with 
any authorized officer in the conduct of any inspection or search 
described in paragraph (a)(2) of this section;
    (4) Resist a lawful arrest for any act prohibited by the Magnuson-
Stevens Act, the applicable GIFA, this subpart, or any permit issued 
under this subpart;
    (5) Interfere with, delay, or prevent by any means the apprehension 
or arrest of another person with the knowledge that such other person 
has committed any act prohibited by the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or 
prevent by any means any boarding, investigation or search, wherever 
conducted, in the process of enforcing the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (7) Engage in any fishing activity for which the FFV does not have a 
permit as required under Sec. 600.501;
    (8) Engage in any fishing activity within the EEZ without a U.S. 
observer aboard the FFV, unless the requirement has been waived by the 
Assistant Administrator or appropriate Regional Administrator;
    (9) Retain or attempt to retain, directly or indirectly, any U.S. 
harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 
10;
    (10) Use any fishing vessel to engage in fishing after the 
revocation, or during the period of suspension, of an applicable permit 
issued under this subpart;
    (11) Violate any provision of the applicable GIFA;
    (12) Falsely or incorrectly complete (including by omission) a 
permit application or permit form as specified in Sec. 600.501 (d) and 
(k);
    (13) Fail to report to the Assistant Administrator within 15 days 
any change in the information contained in the permit application for a 
FFV, as specified in Sec. 600.501(k);
    (14) Assault, resist, oppose, impede, intimidate, or interfere with 
an observer placed aboard an FFV under this subpart;
    (15) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch prior to sampling, 
unless the observer has stated that sampling will not occur; or tamper 
with, destroy, or discard an observer's collected samples, equipment, 
records, photographic film, papers, or effects without the express 
consent of the observer;
    (16) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties;
    (17) Harass or sexually harass an authorized officer or observer;

[[Page 80]]

    (18) Fail to provide the required assistance to an observer as 
described at Sec. 600.506 (c) and (e);
    (19) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of the FFV or its gear as required by this 
subpart;
    (20) Falsify or fail to make, keep, maintain, or submit any record 
or report required by this subpart;
    (21) Fail to return to the sea or fail to otherwise treat prohibited 
species as required by this subpart;
    (22) Fail to report or falsely report any gear conflict;
    (23) Fail to report or falsely report any loss, jettisoning, or 
abandonment of fishing gear or other article into the EEZ that might 
interfere with fishing, obstruct fishing gear or vessels, or cause 
damage to any fishery resource or marine mammals;
    (24) Continue Activity Codes 1 through 4 after those activity codes 
have been canceled under Sec. 600.511;
    (25) Fail to maintain health and safety standards set forth in Sec. 
600.506(d);
    (26) Violate any provisions of regulations for specific fisheries of 
this subpart;
    (27) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state, territorial, or 
Federal regulations;
    (28) Violate any provision of this subpart, the Magnuson-Stevens 
Act, the applicable GIFA, any notice issued under this subpart or any 
permit issued under this subpart; or
    (29) Attempt to do any of the foregoing.
    (b) It is unlawful for any FFV, and for the owner or operator of any 
FFV except an FFV engaged only in recreational fishing, to fish--
    (1) Within the boundaries of any state, unless:
    (i) The fishing is authorized by the Governor of that state as 
permitted by section 306(c) of the Magnuson-Stevens Act to engage in a 
joint venture for processing and support with U.S. fishing vessels in 
the internal waters of that state; or
    (ii) The fishing is authorized by, and conducted in accordance with, 
a valid permit issued under Sec. 600.501, and the Governor of that 
state has indicated concurrence to allow fishing consisting solely of 
transporting fish or fish products from a point within the boundaries of 
that state to a point outside the United States; or
    (2) Within the EEZ, or for any anadromous species or continental 
shelf fishery resources beyond the EEZ, unless the fishing is authorized 
by, and conducted in accordance with, a valid permit issued under Sec. 
600.501.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



Sec. 600.506  Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson-Stevens Act, the appropriate Regional 
Administrator or Science and Research Director (see table 2 to Sec. 
600.502) may assign U.S. observers to FFV's. Except as provided for in 
section 201(h)(2) of the Magnuson-Stevens Act, no FFV may conduct 
fishing operations within the EEZ unless a U.S. observer is aboard.
    (b) Effort plan. To ensure the availability of an observer as 
required by this section, the owners and operators of FFV's wanting to 
fish within the EEZ will submit to the appropriate Regional 
Administrator or Science and Research Director and also to the Chief, 
Financial Services Division, NMFS, 1315 East West Highway, Silver 
Spring, MD 20910 a schedule of fishing effort 30 days prior to the 
beginning of each quarter. A quarter is a time period of 3 consecutive 
months beginning January 1, April 1, July 1, and October 1 of each year. 
The schedule will contain the name and IRCS of each FFV intending to 
fish within the EEZ during the upcoming quarter, and each FFV's expected 
date of arrival and expected date of departure.
    (1) The appropriate Regional Administrator or Science and Research 
Director must be notified immediately of any substitution of vessels or 
any cancellation of plans to fish in the EEZ for FFV's listed in the 
effort plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from the 
date

[[Page 81]]

listed in the quarterly schedule, the appropriate Regional Administrator 
or Science and Research Director must be notified at least 10 days in 
advance of the rescheduled date of arrival. If the notice required by 
this paragraph (b)(2) is not given, the FFV may not engage in fishing 
until an observer is available and has been placed aboard the vessel or 
the requirement has been waived by the appropriate Regional 
Administrator or Science and Research Director.
    (c) Assistance to observers. To assist the observer in the 
accomplishment of his or her assigned duties, the owner and operator of 
an FFV to which an observer is assigned must--
    (1) Provide, at no cost to the observer or the United States, 
accommodations for the observer aboard the FFV that are equivalent to 
those provided to the officers of that vessel.
    (2) Cause the FFV to proceed to such places and at such times as may 
be designated by the appropriate Regional Administrator or Science and 
Research Director for the purpose of embarking and debarking the 
observer.
    (3) Allow the observer to use the FFV's communications equipment and 
personnel upon demand for the transmission and receipt of messages.
    (4) Allow the observer access to and use of the FFV's navigation 
equipment and personnel upon demand to determine the vessel's position.
    (5) Allow the observer free and unobstructed access to the FFV's 
bridge, trawl, or working decks, holding bins, processing areas, freezer 
spaces, weight scales, cargo holds and any other space that may be used 
to hold, process, weigh, or store fish or fish products at any time.
    (6) Allow the observer to inspect and copy the FFV's daily log, 
communications log, transfer log, and any other log, document, notice, 
or record required by these regulations.
    (7) Provide the observer copies of any records required by these 
regulations upon demand.
    (8) Notify the observer at least 15 minutes before fish are brought 
on board or fish or fish products are transferred from the FFV to allow 
sampling the catch or observing the transfer, unless the observer 
specifically requests not to be notified.
    (9) Provide all other reasonable assistance to enable the observer 
to carry out his or her duties.
    (d) Health and safety standards. All foreign fishing vessels to 
which an observer is deployed must maintain, at all times that the 
vessel is in the EEZ, the following:
    (1) At least one working radar.
    (2) Functioning navigation lights as required by international law.
    (3) A watch on the bridge by appropriately trained and experienced 
personnel while the vessel is underway.
    (4) Lifeboats and/or inflatable life rafts with a total carrying 
capacity equal to or greater than the number of people aboard the 
vessel. Lifeboats and inflatable life rafts must be maintained in good 
working order and be readily available.
    (5) Life jackets equal or greater in number to the total number of 
persons aboard the vessel. Life jackets must be stowed in readily 
accessible and plainly marked positions throughout the vessel, and 
maintained in a state of good repair.
    (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel 
length, equipped with automatic water lights. Ring life buoys must have 
an outside diameter of not more than 32 inches (81.3 cm) nor less than 
30 inches (76.2 cm), and must be maintained in a state of good repair. 
Ring life buoys must be readily available, but not positioned so they 
pose a threat of entanglement in work areas. They must be secured in 
such a way that they can be easily cast loose in the event of an 
emergency.
    (7) At least one VHF-FM radio with a functioning channel 16 (156.8 
mHz), International Distress, Safety and Calling Frequency, and one 
functioning AM radio (SSB-Single Side Band) capable of operating at 2182 
kHz (SSB). Radios will be maintained in a radio room, chartroom, or 
other suitable location.
    (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), 
approved by the USCG for offshore commercial use, stowed in a location 
so as to make it readily available in the event of an emergency.

[[Page 82]]

    (9) At least six hand-held, rocket-propelled, parachute, red-flare 
distress signals, and three orange-smoke distress signals stowed in the 
pilothouse or navigation bridge in portable watertight containers.
    (10) All lights, shapes, whistles, foghorns, fog bells and gongs 
required by and maintained in accordance with the International 
Regulations for Preventing Collisions at Sea.
    (11) Clean and sanitary conditions in all living spaces, food 
service and preparation areas and work spaces aboard the vessel.
    (e) Observer transfers. (1) The operator of the FFV must ensure that 
transfers of observers at sea via small boat or raft are carried out 
during daylight hours as weather and sea conditions allow, and with the 
agreement of the observer involved. The FFV operator must provide the 
observer 3 hours advance notice of at-sea transfers, so that the 
observer may collect personal belongings, equipment, and scientific 
samples.
    (2) The FFV's involved must provide a safe pilot ladder and conduct 
the transfer according to the procedures of Sec. 600.504(d) to ensure 
the safety of the during the transfer.
    (3) An experienced crew member must assist the observer in the small 
boat or raft in which the transfer is made.
    (f) Supplementary observers. In the event funds are not available 
from Congressional appropriations of fees collected to assign an 
observer to a foreign fishing vessel, the appropriate Regional 
Administrator or Science and Research Director will assign a 
supplementary observer to that vessel. The costs of supplementary 
observers will be paid for by the owners and operators of foreign 
fishing vessels as provided for in paragraph (h) of this section.
    (g) Supplementary observer authority and duties. (1) A supplementary 
observer aboard a foreign fishing vessel has the same authority and must 
be treated in all respects as an observer who is employed by NMFS, 
either directly or under contract.
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional 
Administrator or Science and Research Director.
    (3) All data collected by supplementary observers will be under the 
exclusive control of the Assistant Administrator.
    (h) Supplementary observer payment--(1) Method of payment. The 
owners and operators of foreign fishing vessels must pay directly to the 
contractor the costs of supplementary observer coverage. Payment must be 
made to the contractor supplying supplementary observer coverage either 
by letter of credit or certified check drawn on a federally chartered 
bank in U.S. dollars, or other financial institution acceptable to the 
contractor. The letter of credit used to pay supplementary observer fees 
to contractors must be separate and distinct from the letter of credit 
required by Sec. 600.518(b)(2). Billing schedules will be specified by 
the terms of the contract between NOAA and the contractors. Billings for 
supplementary observer coverage will be approved by the appropriate 
Regional Administrator or Science and Research Director and then 
transmitted to the owners and operators of foreign fishing vessels by 
the appropriate designated representative. Each country will have only 
one designated representative to receive observer bills for all vessels 
of that country, except as provided for by the Assistant Administrator. 
All bills must be paid within 10 working days of the billing date. 
Failure to pay an observer bill will constitute grounds to revoke 
fishing permits. All fees collected under this section will be 
considered interim in nature and subject to reconciliation at the end of 
the fiscal year in accordance with paragraph (h)(4) of this section and 
Sec. 600.518(d).
    (2) Contractor costs. The costs charged for supplementary observer 
coverage to the owners and operators of foreign fishing vessels may not 
exceed the costs charged to NMFS for the same or similar services, 
except that contractors may charge to the owners and operators of 
foreign fishing vessels an additional fee to cover the administrative 
costs of the program not ordinarily part of contract costs charged to 
NMFS. The costs charged foreign fishermen for supplementary observers

[[Page 83]]

may include, but are not limited to the following:
    (i) Salary and benefits, including overtime, for supplementary 
observers.
    (ii) The costs of post-certification training required by paragraph 
(j)(2) of this section.
    (iii) The costs of travel, transportation, and per diem associated 
with deploying supplementary observers to foreign fishing vessels 
including the cost of travel, transportation, and per diem from the 
supplementary observer's post of duty to the point of embarkation to the 
foreign fishing vessel, and then from the point of disembarkation to the 
post of duty from where the trip began. For the purposes of these 
regulations, the appropriate Regional Administrator or Science and 
Research Director will designate posts of duty for supplementary 
observers.
    (iv) The costs of travel, transportation, and per diem associated 
with the debriefing following deployment of a supplementary observer by 
NMFS officials.
    (v) The administrative and overhead costs incurred by the contractor 
and, if appropriate, a reasonable profit.
    (3) NMFS costs. The owners and operators of foreign fishing vessels 
must also pay to NMFS as part of the surcharge required by section 
201(i)(4) of the Magnuson-Stevens Act, the following costs:
    (i) The costs of certifying applicants for the position of 
supplementary observer.
    (ii) The costs of any equipment, including safety equipment, 
sampling equipment, operations manuals, or other texts necessary to 
perform the duties of a supplementary observer. The equipment will be 
specified by the appropriate Regional Administrator or Science and 
Research Director according to the requirements of the fishery to which 
the supplementary observer will be deployed.
    (iii) The costs associated with communications with supplementary 
observers for transmission of data and routine messages.
    (iv) For the purposes of monitoring the supplementary observer 
program, the costs for the management and analysis of data.
    (v) The costs for data editing and entry.
    (vi) Any costs incurred by NMFS to train, deploy or debrief a 
supplementary observer.
    (vii) The cost for U.S. Customs inspection for supplementary 
observers disembarking after deployment.
    (4) Reconciliation. Fees collected by the contractor in excess of 
the actual costs of supplementary observer coverage will be refunded to 
the owners and operators of foreign fishing vessels, or kept on deposit 
to defray the costs of future supplementary observer coverage. Refunds 
will be made within 60 days after final costs are determined and 
approved by NMFS.
    (i) Supplementary observer contractors--(1) Contractor eligibility. 
Supplementary observers will be obtained by NMFS from persons or firms 
having established contracts to provide NMFS with observers. In the 
event no such contract is in place, NMFS will use established, 
competitive contracting procedures to select persons or firms to provide 
supplementary observers. The services supplied by the supplementary 
observer contractors will be as described within the contract and as 
specified below.
    (2) Supplementary observer contractors must submit for the approval 
of the Assistant Administrator the following:
    (i) A copy of any contract, including all attachments, amendments, 
and enclosures thereto, between the contractor and the owners and 
operators of foreign fishing vessels for whom the contractor will 
provide supplementary observer services.
    (ii) All application information for persons whom the contractor 
desires to employ as certified supplementary observers.
    (iii) Billing schedules and billings to the owners and operators of 
foreign fishing vessels for further transmission to the designated 
representative of the appropriate foreign nation.
    (iv) All data on costs.
    (j) Supplementary observers--certification, training--(1) 
Certification. The appropriate Regional Administrator or Science and 
Research Director will certify persons as qualified for the position of 
supplementary observer once the following conditions are met:

[[Page 84]]

    (i) The candidate is a citizen or national of the United States.
    (ii) The candidate has education or experience equivalent to the 
education or experience required of persons used as observers by NMFS as 
either Federal personnel or contract employees. The education and 
experience required for certification may vary according to the 
requirements of managing the foreign fishery in which the supplementary 
observer is to be deployed. Documentation of U.S. citizenship or 
nationality, and education or experience will be provided from personal 
qualification statements on file with NMFS contractors who provide 
supplementary observer services, and will not require the submission of 
additional information to NMFS.
    (2) Training. Prior to deployment to foreign fishing vessels, 
certified supplementary observers must also meet the following 
conditions:
    (i) Each certified supplementary observer must satisfactorily 
complete a course of training approved by the appropriate Regional 
Administrator or Science and Research Director as equivalent to that 
received by persons used as observers by NMFS as either Federal 
personnel or contract employees. The course of training may vary 
according to the foreign fishery in which the supplementary observer is 
to be deployed.
    (ii) Each certified supplementary observer must agree in writing to 
abide by standards of conduct as set forth in Department of Commerce 
Administrative Order 202-735 (as provided by the contractor).
    (k) Supplementary observer certification suspension or revocation. 
(1) Certification of a supplementary observer may be suspended or 
revoked by the Assistant Administrator under the following conditions:
    (i) A supplementary observer fails to perform the duties specified 
in paragraph (g)(2) of this section.
    (ii) A supplementary observer fails to abide by the standards of 
conduct described by Department of Commerce Administrative Order 202-
735.
    (2) The suspension or revocation of the certification of a 
supplementary observer by the Assistant Administrator may be based on 
the following:
    (i) Boarding inspection reports by authorized officers of the USCG 
or NMFS, or other credible information, that indicate a supplementary 
observer has failed to abide by the established standards of conduct; or
    (ii) An analysis by NMFS of the data collected by a supplementary 
observer indicating improper or incorrect data collection or recording. 
The failure to properly collect or record data is sufficient to justify 
decertification of supplementary observers; no intent to defraud need be 
demonstrated.
    (3) The Assistant Administrator will notify the supplementary 
observer, in writing, of the Assistant Administrator's intent to suspend 
or revoke certification, and the reasons therefor, and provide the 
supplementary observer a reasonable opportunity to respond. If the 
Assistant Administrator determines that there are disputed questions of 
material fact, then the Assistant Administrator may in this respect 
appoint an examiner to make an informal fact-finding inquiry and prepare 
a report and recommendations.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 
1998; 64 FR 39020, July 21, 1999]



Sec. 600.507  Recordkeeping.

    (a) General. The owner and operator of each FFV must maintain timely 
and accurate records required by this section as modified by the 
regulations for the fishery in which the FFV is engaged.
    (1) The owner and operator of each FFV must maintain all required 
records in English, based on Greenwich mean time (GMT) unless otherwise 
specified in the regulation, and make them immediately available for 
inspection upon the request of an authorized officer or observer.
    (2) The owner and operator of each FFV must retain all required 
records on board the FFV whenever it is in the EEZ, for 3 years after 
the end of the permit period.
    (3) The owner and operator of each FFV must retain the required 
records and make them available for inspection upon the request of an 
authorized officer at any time during the 3 years after the end of the 
permit period,

[[Page 85]]

whether or not such records are on board the vessel.
    (4) The owner and operator of each FFV must provide to the Assistant 
Administrator, in the form and at the times prescribed, any other 
information requested that the Assistant Administrator determines is 
necessary to fulfill the fishery conservation, management and 
enforcement purposes of the Magnuson-Stevens Act.
    (b) Communications log. The owner and operator of each FFV must 
record in a separate communications log, at the time of transmittal, the 
time and content of each notification made under Sec. 600.504.
    (c) Transfer log. Except for the transfer of unsorted, unprocessed 
fish via codend from a catching vessel to a processing vessel (Activity 
Code 2 or 4), the owner and operator of each FFV must record, in a 
separate transfer log, each transfer or receipt of any fish or fishery 
product, including quantities transferred or offloaded outside the EEZ. 
The operator must record in the log within 12 hours of the completion of 
the transfer:
    (1) The time and date (GMT) and location (in geographic coordinates) 
the transfer began and was completed.
    (2) The product weight, by species and product (use species and 
product codes), of all fish transferred, to the nearest 0.01 mt.
    (3) The name, IRCS, and permit number of both the FFV offloading the 
fish and the FFV receiving the fish.
    (d) Daily fishing log. (1) The owner or operator of each FFV 
authorized to catch fish (Activity Code 1) must maintain a daily fishing 
log of the effort, catch and production of the FFV, as modified by 
paragraph (d)(2) of this section and the regulations for the fishery in 
which the FFV is engaged. The operator must maintain on a daily and 
cumulative basis for the permit period a separate log for each fishery 
(see table 2 to Sec. 600.502) in which the FFV is engaged according to 
this section and in the format specified in the instructions provided 
with the permit or other format authorized under paragraph (i) of this 
section. Daily effort entries are required for each day the vessel 
conducts fishing operations within the EEZ. Daily entries are not 
required whenever the FFV is in port or engaged in a joint venture in 
the internal waters of a state. Each page of log may contain entries 
pertaining to only one day's fishing operations or one gear set, 
whichever is longer.
    (2) The owner or operator of each FFV authorized to catch fish 
(Activity Code 1) and that delivers all catches to a processing vessel, 
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log, 
provided the processing vessel maintains a daily consolidated fishing 
log as described in paragraphs (f) and (g) of this section.
    (e) Daily fishing log--contents. The daily fishing log must contain 
the following information, as modified by paragraph (d)(2) of this 
section and the regulations for the fishery in which the FFV is engaged, 
and be completed according to the format and instructions provided with 
the permit or other format authorized under paragraph (i) of this 
section.
    (1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
    (i) A consecutive page number, beginning with the first day the 
vessel started fishing operations within the EEZ and continuing 
throughout the log.
    (ii) The date (based on GMT).
    (iii) The FFV's name.
    (iv) The FFV's IRCS.
    (v) The FFV's U.S. permit number.
    (vi) The FFV's noon (1200 GMT) position in geographic coordinates.
    (vii) The master or operator's signature or title.
    (2) ``SECTION ONE-EFFORT'' must contain, for each trawl or set, as 
appropriate to the gear type employed--
    (i) The consecutive trawl or set number, beginning with the first 
set of the calendar year.
    (ii) The fishing area in which the trawl or set was completed.
    (iii) The gear type.
    (iv) The time the gear was set.
    (v) The position of the set.
    (vi) The course of the set.
    (vii) The sea depth.
    (viii) The depth of the set.
    (ix) The duration of the set.
    (x) The hauling time.
    (xi) The position of the haul.
    (xii) The number of pots or longline units (where applicable).

[[Page 86]]

    (xiii) The average number of hooks per longline unit (where 
applicable).
    (xiv) The trawl speed (where applicable).
    (xv) The mesh size of the trawl's codend (where applicable).
    (xvi) The estimated total weight of the catch for the trawl of set, 
to at least the nearest metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each trawl or set--
    (i) The consecutive set or trawl number from ``SECTION ONE''.
    (ii) The catch of each allocated species or species group to at 
least the nearest 0.1 mt round weight.
    (iii) The prohibited species catch to at least the nearest 0.1 mt 
round weight or by number, as required by the regulations for the 
fishery in which the FFV is engaged.
    (iv) The species code of each marine mammal caught and its condition 
when released.
    (4) ``SECTION TWO-CATCH'' must contain, on a daily basis--
    (i) The species codes for all allocated or prohibited species or 
species groups caught.
    (ii) For each allocated species--the amount, to at least the nearest 
0.1 mt, and the daily disposition, either processed for human 
consumption, used for fishmeal, or discarded; the daily catch by fishing 
area; the daily catch for all fishing areas; and the cumulative total 
catch.
    (iii) For the total catch of allocated species--the amount to at 
least the nearest 0.1 mt and the daily disposition, daily total catch by 
fishing area, daily total catch for all fishing areas, and cumulative 
total catch.
    (iv) The catch by fishing area, daily total, and cumulative total of 
each prohibited species.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each allocated species caught and product produced--
    (i) The product by species code and product type.
    (ii) The daily product recovery rate of each species and product.
    (iii) The daily total product produced by species to at least the 
nearest 0.01 mt.
    (iv) The cumulative total of each product to at least the nearest 
0.01 mt.
    (v) The cumulative amount of product transferred.
    (vi) The balance of product remaining aboard the FFV.
    (vii) The total daily amount, cumulative amount, transferred product 
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
    (viii) Transferred amount and balance of fishmeal and fish oil 
aboard to at least the nearest 0.01 mt.
    (f) Daily consolidated fishing or joint venture log. The operator of 
each FFV that receives unsorted, unprocessed fish from foreign catching 
vessels (Activity Code 2) for processing or receives U.S.-harvested fish 
from U.S. fishing vessels in a joint venture (Activity Code 4) must 
maintain a daily joint venture log of the effort, catch and production 
of its associated U.S. or foreign fishing vessels and the processing 
vessel as modified by the regulations for the fishery in which the FFV 
is engaged. This log is separate and in addition to the log required by 
paragraph (d) of this section. The operator must maintain a separate log 
for each fishery in which the FFV is engaged, on a daily and cumulative 
basis, according to this section and in the format specified in the 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section. Receipts of fish caught outside the EEZ 
must be included. Each page of the log may contain entries pertaining to 
only one day's fishing operations.
    (g) Daily joint venture log--contents. Daily joint venture logs must 
contain the following information, as modified by the fishery in which 
the vessel is engaged, and be completed according to the format and 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section.
    (1) ``SECTION ONE-EFFORT'' must contain, on a daily basis, that 
information required in paragraph (e)(1) of this section.
    (2) ``SECTION ONE-EFFORT'' must contain for each receipt of a 
codend--
    (i) The consecutive codend number, beginning with the first codend 
received for the calendar year.

[[Page 87]]

    (ii) The name of the U.S. fishing vessel or the name and IRCS of the 
foreign fishing vessel the codend was received from.
    (iii) The fishing area where the codend was received.
    (iv) The time the codend was received.
    (v) The position the codend was received.
    (vi) The estimated weight of the codend to at least the nearest 
metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each codend received--
    (i) The consecutive codend number from ``SECTION ONE''.
    (ii) The receipts of each authorized species or species group and 
its disposition, either processed for human consumption, used for 
fishmeal, discarded, or returned to the U.S. fishing vessel, to at least 
the nearest 0.1 mt round weight.
    (iii) The estimated receipts of each prohibited species or species 
group and its disposition, either discarded or returned to the U.S. 
fishing vessel if authorized in the fishery in which the U.S. vessel is 
engaged, to at least the nearest 0.1 mt round weight.
    (iv) The species code of each marine mammal received and its 
condition when released.
    (4) ``SECTION TWO-CATCH'' must contain on a daily basis--
    (i) The species codes of all authorized or prohibited species or 
species groups received.
    (ii) The daily disposition, as described in paragraph (g)(3)(ii) of 
this section, daily total, and cumulative total receipts of each 
authorized species or species groups.
    (iii) The daily disposition, daily total and cumulative total 
receipts of all authorized species or species groups.
    (iv) The daily and cumulative total receipts of prohibited species 
groups and their disposition as described in paragraph (g)(3)(iii) of 
this section.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each authorized species or species group received and product 
produced, that information required in paragraph (e)(5) of this section.
    (h) Daily log maintenance. The logs required by paragraphs (e) 
through (g) of this section must be maintained separately for each 
fishery (see table 2 to Sec. 600.502).
    (1) The effort section (all of ``SECTION ONE'') of the daily logs 
must be updated within 2 hours of the hauling or receipt time. The catch 
or receipt by trawl or set (``SECTION TWO'') must be entered within 12 
hours of the hauling or receipt time. The daily and cumulative total 
catch or receipts (``SECTION TWO'') and the production portion 
(``SECTION THREE'') of the log must be updated within 12 hours of the 
end of the day on which the catch was taken. The date of catch is the 
day and time (GMT) the gear is hauled.
    (2) Entries for total daily and cumulative catch or receipt weights 
(disposition ``C'' or ``M'') must be based on the most accurate method 
available to the vessel, either scale round weights or factory weights 
converted to round weights. Entries for daily and cumulative weights of 
discarded or returned fish (disposition ``D'' or ``R'') must be based on 
the most accurate method available to the vessel, either actual count, 
scale round weight, or estimated deck weights. Entries for product 
weights must be based on the number of production units (pans, boxes, 
blocks, trays, cans, or bags) and the average weight of the production 
unit, with reasonable allowances for water added. Allowances for water 
added cannot exceed 5 percent of the unit weight. Product weights cannot 
be based on the commercial or arbitrary wholesale weight of the product, 
but must be based on the total actual weight of the product as 
determined by representative samples.
    (3) The owner or operator must make all entries in indelible ink, 
with corrections to be accomplished by lining out and rewriting, rather 
than erasure.
    (i) Alternative log formats. As an alternative to the use of the 
specific formats provided, a Nation may submit a proposed log format for 
FFV's of that Nation for a general type of fishery operation in a 
fishery (i.e., joint venture operations) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 
600.502). With the agreement of the USCG commander, the Regional 
Administrator

[[Page 88]]

may authorize the use of that log format for vessels of the requesting 
Nation.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.508  Fishing operations.

    (a) Catching. Each FFV authorized for activity code 1 may catch 
fish. An FFV may retain its catch of any species or species group for 
which there is an unfilled national allocation. All fish caught will be 
counted against the national allocation, even if the fish are discarded, 
unless exempted by the regulations of the fishery in which the FFV is 
engaged. Catching operations may be conducted as specified by the 
regulations of the fishery in which the FFV is engaged and as modified 
by the FFV's permit.
    (b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may 
scout for fish. Scouting may be conducted only in the fisheries area 
authorized by the scouting vessel's permit and under such other 
circumstances as may be designated in this subpart or the permit.
    (c) Processing. Each FFV with Activity Code 1 or 2 may process fish. 
Processing may only be conducted whenever and wherever catching 
operations for FFV's of that Nation are permitted, whenever and wherever 
joint venture operations are authorized by an FFV's permit under 
Activity Code 4, and under such other circumstances as may be designated 
in this subpart or the permit.
    (d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may 
support other permitted FFV's. Each FFV with Activity Codes 4 or 6 may 
support U.S. vessels. Support operations may be conducted only in the 
fisheries areas authorized by the supporting vessel's permit, and under 
such other circumstances as may be designated in this subpart or the 
permit.
    (e) Joint ventures. Each FFV with Activity Code 4 in addition to 
Activity Codes 1 or 2 may also conduct operations with U.S. fishing 
vessels. These joint venture operations with U.S. fishing vessels may be 
conducted throughout the EEZ, and under such other circumstances as may 
be designated in these regulations or the permit. FFV's with activity 
code 4 may continue operations assisting U.S. fishing vessels, despite 
closures under Sec. 600.511(a).
    (f) Internal waters. For FFV's authorized under section 306(c) of 
the Magnuson-Stevens Act:
    (1) Each FFV may engage in fish processing and support of U.S. 
fishing vessels within the internal waters of that state in compliance 
with terms and conditions set by the authorizing Governor.
    (2) The owner or operator of each FFV must submit weekly reports on 
the amount of fish received from vessels of the United States and the 
location(s) where such fish were harvested.
    (i) Reports must include:
    (A) Vessel identification information for the FFV.
    (B) Date of each receipt of fish.
    (C) Amount of fish received, by species.
    (D) Location(s) from which the fish received were harvested and the 
name and official number of the vessel of the United States that 
harvested the fish.
    (ii) Owners or operators of FFV's processing fish in internal waters 
under the provisions of this paragraph (f) must request, from the 
Regional Administrator, the requirements regarding timing and submission 
of the reports, at least 15 days prior to the first receipt of fish from 
a vessel of the United States. The Regional Administrator shall 
stipulate the timing and submission requirements in writing.
    (g) Transshipping. Each FFV with Activity Code 1, 2, 3, 4, 5, 6, 7, 
8, or 10 may transship in accordance with this subpart and the vessel's 
permit.

[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 
FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999]



Sec. 600.509  Prohibited species.

    (a) The owner or operator of each FFV must minimize its catch or 
receipt of prohibited species.
    (b) After allowing for sampling by an observer (if any), the owner 
or operator of each FFV must sort its catch of fish received as soon as 
possible and return all prohibited species and species parts to the sea 
immediately with a minimum of injury, regardless of condition, unless a 
different procedure is specified by the regulations for the

[[Page 89]]

fishery in which the FFV is engaged. All prohibited species must be 
recorded in the daily fishing log and other fishing logs as specified by 
the regulations for the fishery in which the FFV is engaged.
    (c) All species of fish that an FFV has not been specifically 
allocated or authorized under this subpart to retain, including fish 
caught or received in excess of any allocation or authorization, are 
prohibited species.
    (d) It is a rebuttable presumption that any prohibited species or 
species part found on board an FFV was caught and retained in violation 
of this section.



Sec. 600.510  Gear avoidance and disposal.

    (a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds 
where fishing vessels are already fishing or have set their gear for 
that purpose must ascertain the position and extent of gear already 
placed in the sea and must not place themselves or their fishing gear so 
as to interfere with or obstruct fishing operations already in progress. 
Vessels using mobile gear must avoid fixed fishing gear.
    (2) The operator of each FFV must maintain on its bridge a current 
plot of broadcast fixed-gear locations for the area in which it is 
fishing, as required by the regulations for the fishery in which the FFV 
is engaged.
    (b) Gear conflicts. The operator of each FFV that is involved in a 
conflict or that retrieves the gear of another vessel must immediately 
notify the appropriate USCG commander identified in tables 1 and 2 to 
Sec. 600.502 and request disposal instructions. Each report must 
include:
    (1) The name of the reporting vessel.
    (2) A description of the incident and articles retrieved, including 
the amount, type of gear, condition, and identification markings.
    (3) The location of the incident.
    (4) The date and time of the incident.
    (c) Disposal of fishing gear and other articles. (1) The operator of 
an FFV in the EEZ may not dump overboard, jettison or otherwise discard 
any article or substance that may interfere with other fishing vessels 
or gear, or that may catch fish or cause damage to any marine resource, 
including marine mammals and birds, except in cases of emergency 
involving the safety of the ship or crew, or as specifically authorized 
by communication from the appropriate USCG commander or other authorized 
officer. These articles and substances include, but are not limited to, 
fishing gear, net scraps, bale straps, plastic bags, oil drums, 
petroleum containers, oil, toxic chemicals or any manmade items 
retrieved in an FFV's gear.
    (2) The operator of an FFV may not abandon fishing gear in the EEZ.
    (3) If these articles or substances are encountered, or in the event 
of accidental or emergency placement into the EEZ, the vessel operator 
must immediately report the incident to the appropriate USCG Commander 
indicated in tables 1 and 2 to Sec. 600.502, and give the information 
required in paragraph (b) of this section.



Sec. 600.511  Fishery closure procedures.

    (a) Activity Codes 1 and 2 for a fishery are automatically canceled 
in the following cases, unless otherwise specified by regulations 
specific to a fishery, when--
    (1) The OY for any allocated species or species group has been 
reached in that fishery;
    (2) The TALFF or catch allowance for any allocated species or 
species group has been reached in that fishery;
    (3) The foreign nation's allocation for any allocated species or 
species group has been reached; or
    (4) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (b) Activity Code 4 is automatically canceled when--
    (1) The OY for a species with a JVP amount is reached;
    (2) The JVP amount for a species or species group is reached; or
    (3) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (c) Notification. (1) The Regional Administrator is authorized to 
close a fishery on behalf of NMFS. The Regional Administrator will 
notify each FFV's designated representative of closures.
    (2) If possible, notice will be given 48 hours before the closure. 
However, each

[[Page 90]]

Nation and the owners and operators of all FFV's of that Nation are 
responsible for ending fishing operations when an allocation is reached.
    (d) Catch reconciliation. Vessel activity reports, U.S. surveillance 
observations, observer reports, and foreign catch and effort reports 
will be used to make the determination listed in paragraphs (a) and (b) 
of this section. If NMFS estimates of catch or other values made during 
the season differ from those reported by the foreign fleets, efforts may 
be initiated by the designated representative of each Nation to resolve 
such differences with NMFS. If, however, differences still persist after 
such efforts have been made, NMFS estimates will be the basis for 
decisions and will prevail.
    (e) Duration. Any closure under this section will remain in effect 
until an applicable new or increased allocation or JVP becomes available 
or the letter of credit required by Sec. 600.518(b)(2) is 
reestablished.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.512  Scientific research.

    (a) Scientific research activity. Persons planning to conduct 
scientific research activities on board a scientific research vessel in 
the EEZ that may be confused with fishing are encouraged to submit to 
the appropriate Regional Administrator or Director, 60 days or as soon 
as practicable prior to its start, a scientific research plan for each 
scientific activity. The Regional Administrator or Director will 
acknowledge notification of scientific research activity by issuing to 
the operator or master of that vessel, or to the sponsoring institution, 
a Letter of Acknowledgment. This Letter of Acknowledgment is separate 
and distinct from any permit or consultation required under the MMPA, 
the ESA, or any other applicable law. The Regional Administrator or 
Director will include text in the Letter of Acknowledgment informing the 
applicant that such permits may be required and should be obtained from 
the agency prior to embarking on the activity. If the Regional 
Administrator or Director, after review of a research plan, determines 
that it does not constitute scientific research activity but rather 
fishing, the Regional Administrator or Director will inform the 
applicant as soon as practicable and in writing. In making this 
determination, the Regional Administrator, Director, or designee shall 
consider: the merits of the individual proposal and the institution(s) 
involved; whether the proposed activity meets the definition of 
scientific research activity; and whether the vessel meets all the 
requirements for a scientific research vessel. Foreign vessels that 
qualify as scientific research vessels and which are engaged in a 
scientific research activity may only engage in compensation fishing 
during the scientific research cruise and in accordance with the 
applicable scientific research plan. The Regional Administrator or 
Director may also make recommendations to revise the research plan to 
ensure the activity will be considered to be a scientific research 
activity. The Regional Administrator or Director may designate a Science 
and Research Director, or the Assistant Regional Administrator for 
Sustainable Fisheries, to receive scientific research plans and issue 
Letters of Acknowledgment. In order to facilitate identification of the 
activity as scientific research, persons conducting scientific research 
activities are advised to carry a copy of the scientific research plan 
and the Letter of Acknowledgment on board the scientific research vessel 
and to make it available for inspection upon the request of any 
authorized officer. It is recommended that for any scientific research 
activity, any fish, or parts thereof, retained pursuant to such activity 
be accompanied, during any ex-vessel activities, by a copy of the Letter 
of Acknowledgment. Activities conducted in accordance with a scientific 
research plan acknowledged by such a Letter of Acknowledgment are 
presumed to be scientific research activities. An authorized officer may 
overcome this presumption by showing that an activity does not fit the 
definition of scientific research activity or is outside the scope of 
the scientific research plan.
    (b) Reports. Persons conducting scientific research are requested to 
submit a copy of any cruise report or other publication created as a 
result of

[[Page 91]]

the cruise, including the amount, composition, and disposition of their 
catch, to the appropriate Science and Research Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 
FR 42793, Aug. 25, 2009]



Sec. 600.513  Recreational fishing.

    (a) Foreign vessels conducting recreational fishing must comply only 
with this section, and Sec. Sec. 600.10, 600.504(a)(1), and 600.505 (as 
applicable). Such vessels may conduct recreational fishing within the 
EEZ and within the boundaries of a state. Any fish caught may not be 
sold, bartered, or traded.
    (b) The owners or operator and any other person aboard any foreign 
vessel conducting recreational fishing must comply with any Federal laws 
or regulations applicable to the domestic fishery while in the EEZ, and 
any state laws or regulations applicable while in state waters.



Sec. 600.514  Relation to other laws.

    (a) Persons affected by these regulations should be aware that other 
Federal and state statutes may apply to their activities.
    (b) Fishing vessel operators must exercise due care in the conduct 
of fishing activities near submarine cables. Damage to submarine cables 
resulting from intentional acts or from the failure to exercise due care 
in the conduct of fishing operations subjects the fishing vessel 
operator to enforcement action under the International Convention for 
the Protection of Submarine Cables, and to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that 
implement that Convention. Fishing vessel operators also should be aware 
that the Submarine Cable Act prohibits fishing operations at a distance 
of less than 1 nautical mile (1.85 km) from a vessel engaged in laying 
or repairing a submarine cable; or at a distance of less than 0.25 
nautical mile (0.46 km) from a buoy or buoys intended to mark the 
position of a cable when being laid, or when out of order, or broken.



Sec. 600.515  Interpretation of 16 U.S.C. 1857(4).

    Section 307(4) of the Magnuson-Stevens Act prohibits any fishing 
vessel other than a vessel of the United States (foreign fishing vessel) 
from operating in the EEZ if all of the fishing gear on board the vessel 
is not stowed in compliance with that section ``unless such vessel is 
authorized to engage in fishing in the area in which the vessel is 
operating.'' If such a vessel has a permit authorization that is limited 
to fishing activities other than catching, taking or harvesting (such as 
support, scouting or processing activities), it must have all of its 
fishing gear stowed at all times while it is in the EEZ. If such a 
vessel has a permit authorization to engage in catching, taking or 
harvesting activities, but such authorization is limited to a specific 
area within the EEZ, and/or to a specific period of time, the vessel 
must have all of its fishing gear stowed while it is in the EEZ, except 
when it is in the specific area authorized, and/or during the specific 
period of time authorized.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.516  Total allowable level of foreign fishing (TALFF).

    (a) The TALFF, if any, with respect to any fishery subject to the 
exclusive fishery management authority of the United States, is that 
portion of the OY of such fishery, which cannot or will not be harvested 
by vessels of the United States. Allocations of TALFF are discretionary, 
except that the total allowable level shall be zero for fisheries 
determined by the Secretary to have adequate or excess domestic harvest 
capacity.
    (b) Each specification of OY and each assessment of the anticipated 
U.S. harvest will be reviewed during each fishing season. Adjustments to 
TALFF's will be made based on updated information relating to status of 
stocks, estimated and actual performance of domestic and foreign fleets, 
and other relevant factors.
    (c) Specifications of OY and the initial estimates of U.S. harvests 
and TALFF's at the beginning of the relevant fishing year will be 
published in the Federal Register. Adjustments to

[[Page 92]]

those numbers will be published in the Federal Register upon occasion or 
as directed by regulations implementing FMPs. For current 
apportionments, contact the appropriate Regional Administrator or the 
Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 73 
FR 67811, Nov. 17, 2008]



Sec. 600.517  Allocations.

    The Secretary of State, in cooperation with the Secretary, 
determines the allocation among foreign nations of fish species and 
species groups. The Secretary of State officially notifies each foreign 
nation of its allocation. The burden of ascertaining and accurately 
transmitting current allocations and status of harvest of an applicable 
allocation to fishing vessels is upon the foreign nation and the owner 
or operator of the FFV.



Sec. 600.518  Fee schedule for foreign fishing.

    (a) Permit application fees. Each vessel permit application 
submitted under Sec. 600.501 must be accompanied by a fee. The amount 
of the fee will be determined in accordance with the procedures for 
determining administrative costs of each special product or service 
contained in the NOAA Finance Handbook, which is available upon request 
from the Office of International Affairs (see address at Sec. 
600.501(d)(1)). The fee is specified with the application form. At the 
time the application is submitted, a check for the fees, drawn on a U.S. 
bank, payable to the order of ``Department of Commerce, NOAA,'' must be 
sent to the Assistant Administrator. The permit fee payment must be 
accompanied by a list of the vessels for which the payment is made. In 
the case of applications for permits authorizing activity code 10, the 
permit application fee will be waived if the applicant provides 
satisfactory documentary proof to the Assistant Administrator that the 
foreign nation under which the vessel is registered does not collect a 
fee from a vessel of the United States engaged in similar activities in 
the waters of such foreign nation. The documentation presented (e.g., 
copy of foreign fishing regulations applicable to vessels of the United 
States) must clearly exempt vessels of the United States from such a 
fee.
    (b) Poundage fees--(1) Rates. If a Nation chooses to accept an 
allocation, poundage fees must be paid at the rate specified in the 
following table.

                    Table--Species and Poundage Fees
                        [Dollars per metric ton]
------------------------------------------------------------------------
                                                                Poundage
                           Species                                fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
  1. Butterfish..............................................     277.96
  2. Herring, Atlantic.......................................      25.75
  3. Herring, River..........................................      49.59
  4. Mackerel, Atlantic......................................      64.76
  5. Other finfish...........................................      45.48
  6. Squid, Illex............................................      97.56
  7. Squid, Loligo...........................................     321.68
------------------------------------------------------------------------

    (2) Method of payment of poundage fees and observer fees. (i) If a 
Nation chooses to accept an allocation, a revolving letter of credit (L/
C) must be established and maintained to cover the poundage fees for at 
least 25 percent of the previous year's total allocation at the rate in 
paragraph (b)(1) of this section, or as determined by the Assistant 
Administrator, plus the observer fees required by paragraph (c) of this 
section. The L/C must--
    (A) Be irrevocable.
    (B) Be with a bank subscribing to ICC Pub. 290.
    (C) Designate ``Department of Commerce, NOAA'' as beneficiary;
    (D) Allow partial withdrawals.
    (E) Be confirmed by a U.S. bank.
    (ii) The customer must pay all commissions, transmission, and 
service charges. No fishing will be allowed until the L/C is 
established, and authorized written notice of its issuance is provided 
to the Assistant Administrator.
    (3) Assessment of poundage fees. Poundage fees will be assessed 
quarterly for the actual catch during January through March, April 
through June, July through September, and October through December. The 
appropriate Regional Administrator will reconcile catch figures with 
each country following the procedures of Sec. 600.511(d). When the 
catch figures are agreed upon, NOAA will present a bill for collection 
as the documentary demand for payment to the confirming bank. If,

[[Page 93]]

after 45 days from the end of the quarter, catches have not been 
reconciled, the estimate of the Regional Administrator will stand and a 
bill will be issued for that amount. If necessary, the catch figures may 
be refined by the Regional Administrator during the next 60 days, and 
any modifications will be reflected in the next quarter's bill.
    (c) Observer fees. The Assistant Administrator will notify the 
owners or operators of FFV's of the estimated annual costs of placing 
observers aboard their vessels. The owners or operators of any such 
vessel must provide for repayment of those costs by including one-fourth 
of the estimated annual observer fee as determined by the Assistant 
Administrator in a L/C as prescribed in Sec. 600.518(b)(2). During the 
fiscal year, payment will be withdrawn from the L/C as required to cover 
anticipated observer coverage for the upcoming fishery. The Assistant 
Administrator will reconcile any differences between the estimated cost 
and actual costs of observer coverage within 90 days after the end of 
the fiscal year.
    (d) Financial assurances. (1) A foreign nation, or the owners and 
operators of certain vessels of that foreign nation, may be required by 
the Assistant Administrator to provide financial assurances. Such 
assurances may be required if--
    (i) Civil and criminal penalties assessed against fishing vessels of 
the Nation have not effectively deterred violations;
    (ii) Vessels of that Nation have engaged in fishing in the EEZ 
without proper authorization to conduct such activities;
    (iii) The Nation's vessel owners have refused to answer 
administrative charges or summons to appear in court; or
    (iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments 
in the courts of a foreign nation is unattainable.
    (2) The level of financial assurances will be guided by the level of 
penalties assessed and costs to the U.S. Government.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999; 66 FR 28132, May 22, 2001; 76 FR 59305, Sept. 
26, 2011]



Sec. 600.520  Northwest Atlantic Ocean fishery.

    (a) Purpose. Sections 600.520 and 600.525 regulate all foreign 
fishing conducted under a GIFA within the EEZ in the Atlantic Ocean 
north of 35 deg.00' N. lat.
    (b) Authorized fishery--(1) Allocations. Foreign vessels may engage 
in fishing only in accordance with applicable national allocations.
    (2) Time and area restrictions. (i) Fishing, including processing, 
scouting, and support of foreign or U.S. vessels, is prohibited south of 
35 deg.00' N. lat., and north and east of a line beginning at the shore 
at 44 deg.22' N. lat., 67 deg.52' W. long. and intersecting the boundary 
of the EEZ at 44 deg.11'12` N. lat., 67 deg.16'46` W. long.
    (ii) The Regional Administrator will consult with the Council prior 
to giving notice of any area or time restriction. NMFS will also consult 
with the USCG if the restriction is proposed to reduce gear conflicts. 
If NMFS determines after such consultation that the restriction appears 
to be appropriate, NMFS will publish the proposed restriction in the 
Federal Register, together with a summary of the information on which 
the restriction is based. Following a 30-day comment period, NMFS will 
publish a final action.
    (iii) The Regional Administrator may rescind any restriction if he/
she determines that the basis for the restriction no longer exists.
    (iv) Any notice of restriction shall operate as a condition imposed 
on the permit issued to the foreign vessels involved in the fishery.
    (3) TALFF. The TALFFs for the fisheries of the Northwest Atlantic 
Ocean are published in the Federal Register. Current TALFFs are also 
available from the Regional Administrator.
    (4) Species definitions. The category ``other finfish'' used in 
TALFFs and in allocations includes all species except:
    (i) The other allocated species, namely: Short-finned squid, long-
finned

[[Page 94]]

squid, Atlantic herring, Atlantic mackerel, river herring (includes 
alewife, blueback herring, and hickory shad), and butterfish.
    (ii) The prohibited species, namely: American plaice, American shad, 
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all 
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish, 
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles, 
sharks (except dogfish), silver hake, spot, striped bass, summer 
flounder, tilefish, yellowtail flounder, weakfish, white hake, 
windowpane flounder, winter flounder, witch flounder, Continental Shelf 
fishery resources, and other invertebrates (except nonallocated squids).
    (5) Closures. The taking of any species for which a Nation has an 
allocation is permitted, provided that:
    (i) The vessels of the foreign nation have not caught the allocation 
of that Nation for any species or species group (e.g., ``other 
finfish''). When vessels of a foreign nation have caught an applicable 
allocation of any species, all further fishing other than scouting, 
processing, or support by vessels of that Nation must cease, even if 
other allocations have not been reached. Therefore, it is essential that 
foreign nations plan their fishing strategy to ensure that the reaching 
of an allocation for one species does not result in the premature 
closing of a Nation's fishery for other allocated species.
    (ii) The fishery has not been closed for other reasons under Sec. 
600.511.
    (6) Allocation utilization. Foreign fishing vessels may elect to 
retain or discard allocated species; however, the computation of 
allocation utilization and fee refunds will be based on the total 
quantity of that species that was caught. Prohibited species must always 
be returned to the sea as required under Sec. 600.509.
    (c) Fishing areas. For the purposes of the Northwest Atlantic Ocean 
fishery, fishing areas are that portion of the EEZ shown inside the 
boundaries of the ``three digit statistical areas'' described in Figure 
1 to this section.

[[Page 95]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000


[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.525  Applicability of subpart F to Canadian Albacore Fishing
Vessels off the West Coast.

    Fishing by vessels of Canada under the 1981 Treaty Between the 
Government of the United States of America and the Government of Canada 
on Pacific Coast Albacore Tuna Vessels and Port Privileges is regulated 
only under this section and Sec. 600.530 of this subpart F, and is 
exempt from any other requirements of this subpart F. Regulations 
governing fishing by U.S. vessels in waters under the fisheries 
jurisdiction of the Canada more than 12 nautical miles from the baseline 
from which the territorial sea is measured

[[Page 96]]

are found at Sec. Sec. 300.170-300.176 of chapter II of this title.

[69 FR 31535, June 4, 2004]



Sec. 600.530  Pacific albacore fishery.

    (a) Purpose and scope. This section regulates fishing by Canadian 
vessels under the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges as amended in 2002. Notwithstanding any 
other provision of this subpart F, fishing vessels of Canada may be 
authorized to fish in waters under the fisheries jurisdiction of the 
United States more than 12 nautical miles from the baseline from which 
the territorial sea is measured in accordance with the Treaty and this 
section, pursuant to Public Law 108-219 (118 Stat. 616; 16 U.S.C. 1821 
note).
    (b) Definitions. In addition to the definitions in the Magnuson-
Stevens Fishery Conservation and Management Act and Sec. 600.10, the 
terms used in this subpart have the following meanings:
    Fishing under the Treaty as amended in 2002 means to engage in 
fishing for albacore tuna in waters under the fisheries jurisdiction of 
the United States seaward of 12 nautical miles from the baseline from 
which the territorial sea is measured.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reporting Office means the office designated by the Regional 
Administrator to take hail-in and hail-out reports from U.S. and 
Canadian vessel operators.
    Treaty means the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges as amended in 2002.
    (c) Vessel list. A Canadian vessel is not eligible to fish for 
albacore in U.S. waters under the Treaty as amended in 2002 unless the 
vessel is on the list provided to NMFS by the Government of Canada of 
vessels authorized by Canada to fish under the Treaty as amended in 
2002.
    (d) Vessel identification. A Canadian vessel fishing under the 
Treaty as amended in 2002 must clearly display its Canadian vessel 
registration number followed by the letter C in the same height and size 
as the numerals, consistent with Canadian vessel marking requirements.
    (e) Hail-in reports. The operator of a Canadian Vessel eligible to 
fish for albacore in U.S. waters under the Treaty as amended in 2002 
must file a hail-in report with the Reporting Office at least 24 hours 
prior to beginning any such fishing.
    (f) Hail-out Reports. The operator of a Canadian vessel that has 
been fishing in U.S. waters under the Treaty as amended in 2002 must 
file a hail-out report with the Reporting Office at least 24 hours prior 
to exiting from U.S. waters.
    (g) Prohibitions. It is prohibited for the operator of a Canadian 
vessel to engage in fishing in U.S. waters if the vessel:
    (1) Is not on the vessel list in paragraph (c) of this section;
    (2) Has not filed a hail-in report to advise of an intent to fish 
under the Treaty as amended in 2002 prior to engaging in such fishing; 
or
    (3) Is not clearly marked in accordance with paragraph (d) of this 
section.

[69 FR 31535, June 4, 2004]



      Subpart G_Preemption of State Authority Under Section 306(b)



Sec. 600.605  General policy.

    It is the policy of the Secretary that preemption proceedings will 
be conducted expeditiously. The administrative law judge and counsel or 
other representative for each party are encouraged to make every effort 
at each stage of the proceedings to avoid delay.



Sec. 600.610  Factual findings for Federal preemption.

    (a) The two factual findings for Federal preemption of state 
management authority over a fishery are:
    (1) The fishing in a fishery that is covered by an FMP implemented 
under the Magnuson-Stevens Act is engaged in predominately within the 
EEZ and beyond such zone.

[[Page 97]]

    (2) A state has taken any action, or omitted to take any action, the 
results of which will substantially and adversely affect the carrying 
out of such FMP.
    (b) Whether fishing is engaged in ``predominately'' within or beyond 
the EEZ will be determined after consideration of relevant factors, 
including but not limited to, the catch (based on numbers, value, or 
weight of fish caught, or other relevant factors) or fishing effort 
during the appropriate period, and in light of historical patterns of 
the distribution of catch or fishing effort for such stock or stocks of 
fish.
    (c) Whether relevant effects are substantial will be determined 
after consideration of the magnitude of such actual or potential 
effects. Relevant to this determination are various factors, including 
but not limited to, the proportion of the fishery (stock or stocks of 
fish and fishing for such stocks) that is subject to the effects of a 
particular state's action or omission, the characteristics and status 
(including migratory patterns and biological condition) of the stock or 
stocks of fish in the fishery, and the similarity or dissimilarity 
between the goals, objectives, or policies of the state's action or 
omission and the management goals or objectives specified in the FMP for 
the fishery or between the state and Federal conservation and management 
measures of the fishery.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.615  Commencement of proceedings.

    (a) Notice of proposed preemption. (1) If a proceeding under this 
part is deemed necessary, the Administrator must issue a notice of 
proposed preemption to the Attorney General of the State or States 
concerned. The notice will contain:
    (i) A recital of the legal authority and jurisdiction for 
instituting the proceeding.
    (ii) A concise statement of the Sec. 600.610 factual findings for 
Federal preemption upon which the notice is based.
    (iii) The time, place, and date of the hearing.
    (2) The notice of proposed preemption will also be published in the 
Federal Register. This notification may be combined with any notice of 
proposed rulemaking published under paragraph (d)(1) of this section.
    (b) Response. The state will have the opportunity to respond in 
writing to the notice of proposed preemption.
    (c) Amendment. The Administrator may, at any time prior to the 
Secretary's decision, withdraw the notice of proposed preemption. Upon 
motion of either party before the record is closed, the administrative 
law judge may amend the notice of proposed preemption.
    (d) Proposed regulations--(1) In general. If additional regulations 
are required to govern fishing within the boundaries of a state, the 
Administrator may publish proposed regulations in the Federal Register 
concurrently with issuing the notification indicated in paragraph (a) of 
this section.
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(c) of the 
Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.620  Rules pertaining to the hearing.

    (a) The civil procedure rules of the NOAA currently set forth in 15 
CFR part 904, subpart C (or as subsequently amended), apply to the 
proceeding after its commencement by service of notice (pursuant to 
Sec. 600.615) and prior to the Secretary's decision (Sec. 600.625), 
except that the following sections will not apply:
    (1) 15 CFR 904.201 (Definitions);
    (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
    (3) 15 CFR 904.272 (Administrative review of decision).
    (b) Additional duties and powers of judge--(1) Time periods. The 
administrative law judge is authorized to modify all time periods 
pertaining to the course of the hearing (under Sec. Sec. 600.615 and 
600.620) to expedite the proceedings, upon application and appropriate 
showing of need or emergency circumstances by a party.
    (2) Intervention. Intervention by persons not parties is not 
allowed.

[[Page 98]]



Sec. 600.625  Secretary's decision.

    (a) The Secretary will, on the basis of the hearing, record the 
administrative law judge's recommended decision:
    (1) Accept or reject any of the findings or conclusions of the 
administrative law judge and decide whether the factual findings exist 
for Federal preemption of a state's authority within its boundaries 
(other than in its internal waters) with respect to the fishery in 
question;
    (2) Reserve decision on the merits or withdraw the notice of 
proposed preemption; or
    (3) Remand the case to the administrative law judge for further 
proceedings as may be appropriate, along with a statement of reasons for 
the remand.
    (b) Notification. (1) If the factual findings for Federal preemption 
are determined to exist, the Secretary will notify in writing the 
Attorney General of that state and the appropriate Council(s) of the 
preemption of that state's authority. The Secretary will also direct the 
Administrator to promulgate appropriate regulations proposed under Sec. 
600.615(d) and otherwise to begin regulating the fishery within the 
state's boundaries (other than in its internal waters).
    (2) If the factual findings for Federal preemption are determined 
not to exist, the Secretary will notify, in writing, the Attorney 
General of the state and the appropriate Council(s) of that 
determination. The Secretary will also direct the Administrator to issue 
a notice withdrawing any regulations proposed under Sec. 600.615(d).



Sec. 600.630  Application for reinstatement of state authority.

    (a) Application or notice. (1) At any time after the promulgation of 
regulations under Sec. 600.625(b)(1) to regulate a fishery within a 
state's boundaries, the affected state may apply to the Secretary for 
reinstatement of state authority. The Secretary may also serve upon such 
state a notice of intent to terminate such Federal regulation. A state's 
application must include a clear and concise statement of:
    (i) The action taken by the State to correct the action or omission 
found to have substantially and adversely affected the carrying out of 
the FMP; or
    (ii) Any changed circumstances that affect the relationship of the 
state's action or omission to take action to the carrying out of the FMP 
(including any amendment to such plan); and
    (iii) Any laws, regulations, or other materials that the state 
believes support the application.
    (2) Any such application received by the Secretary or notice issued 
to the State will be published in the Federal Register.
    (b) Informal response. The Secretary has sole discretion to accept 
or reject the application or response. If the Secretary accepts the 
application or rejects any responses and finds that the reasons for 
regulation of the fishery within the boundaries of the state no longer 
prevail, the Secretary will promptly terminate such regulation and 
publish in the Federal Register any regulatory amendments necessary to 
accomplish that end.
    (c) Hearing. The Secretary has sole discretion to direct the 
Administrator to schedule hearings for the receipt of evidence by an 
administrative law judge. Hearings before the administrative law judge 
to receive such evidence will be conducted in accordance with Sec. 
600.620. Upon conclusion of such hearings, the administrative law judge 
will certify the record and a recommended decision to the Secretary. If 
the Secretary, upon consideration of the state's application or any 
response to the notice published under Sec. 600.630(a)(2), the hearing 
record, the recommended decision, and any other relevant materials finds 
that the reasons for regulation of the fishery within the boundaries of 
the state no longer prevail, the Secretary will promptly terminate such 
regulation and publish in the Federal Register any regulatory amendments 
necessary to accomplish that end.



           Subpart H_General Provisions for Domestic Fisheries



Sec. 600.705  Relation to other laws.

    (a) General. Persons affected by these regulations should be aware 
that other Federal and state statutes and regulations may apply to their 
activities.

[[Page 99]]

Vessel operators may wish to refer to USCG regulations found in the Code 
of Federal Regulations title 33--Navigation and Navigable Waters and 
46--Shipping; 15 CFR part 904, subpart D--Permit Sanctions and Denials; 
and title 43--Public Lands (in regard to marine sanctuaries).
    (b) State responsibilities. Certain responsibilities relating to 
data collection and enforcement may be performed by authorized state 
personnel under a state/Federal agreement for data collection and a 
tripartite agreement among the state, the USCG, and the Secretary for 
enforcement.
    (c) Submarine cables. Fishing vessel operators must exercise due 
care in the conduct of fishing activities near submarine cables. Damage 
to the submarine cables resulting from intentional acts or from the 
failure to exercise due care in the conduct of fishing operations 
subjects the fishing vessel operator to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) which implements 
the International Convention for the Protection of Submarine Cables. 
Fishing vessel operators also should be aware that the Submarine Cable 
Act prohibits fishing operations at a distance of less than 1 nautical 
mile (1.85 km) from a vessel engaged in laying or repairing a submarine 
cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a 
buoy or buoys intended to mark the position of a cable when being laid 
or when out of order or broken.
    (d) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals are 
set forth in part 229 of this title.
    (e) Halibut fishing. Fishing for halibut is governed by regulations 
of the International Pacific Halibut Commission set forth at part 300 of 
this title.
    (f) Marine sanctuaries. All fishing activity, regardless of species 
sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine 
Sanctuary, which is located approximately 15 miles southwest of Cape 
Hatteras off the coast of North Carolina.
    (g) High seas fishing activities. Regulations governing permits and 
requirements for fishing activities on the high seas are set forth in 50 
CFR part 300, subparts A and R. Any vessel operating on the high seas 
must obtain a permit issued pursuant to the High Seas Fishing Compliance 
Act.

[61 FR 32540, June 24, 1996, as amended at 80 FR 62500, Oct. 16, 2015; 
81 FR 51138, Aug. 3, 2016]



Sec. 600.710  Permits.

    Regulations pertaining to permits required for certain fisheries are 
set forth in the parts of this chapter governing those fisheries.



Sec. 600.715  Recordkeeping and reporting.

    Regulations pertaining to records and reports required for certain 
fisheries are set forth in the parts of this chapter governing those 
fisheries.



Sec. 600.720  Vessel and gear identification.

    Regulations pertaining to special vessel and gear markings required 
for certain fisheries are set forth in the parts of this chapter 
governing those fisheries.



Sec. 600.725  General prohibitions.

    It is unlawful for any person to do any of the following:
    (a) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import, or export, any fish or parts thereof 
taken or retained in violation of the Magnuson-Stevens Act or any other 
statute administered by NOAA and/or any regulation or permit issued 
under the Magnuson-Stevens Act.
    (b) Transfer or attempt to transfer, directly or indirectly, any 
U.S.-harvested fish to any foreign fishing vessel, while such vessel is 
in the EEZ, unless the foreign fishing vessel has been issued a permit 
under section 204 of the Magnuson-Stevens Act, which authorizes the 
receipt by such vessel of U.S.- harvested fish.
    (c) Fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 600.730.
    (d) Refuse to allow an authorized officer to board a fishing vessel 
or to enter areas of custody for purposes of conducting any search, 
inspection, or seizure in connection with the enforcement of the 
Magnuson-Stevens Act or

[[Page 100]]

any other statute administered by NOAA.
    (e) Dispose of fish or parts thereof or other matter in any manner, 
after any communication or signal from an authorized officer, or after 
the approach by an authorized officer or an enforcement vessel or 
aircraft.
    (f) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of any search, 
inspection, or seizure in connection with enforcement of the Magnuson-
Stevens Act or any other statute administered by NOAA.
    (g) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Magnuson-Stevens Act or any other statute administered 
by NOAA.
    (h) Resist a lawful arrest for any act prohibited under the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (i) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, offer of sale, possession, transport, import, export, or transfer 
of any fish, or attempts to do any of the above.
    (j) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act or any other 
statute administered by NOAA.
    (k) Fish in violation of the terms or conditions of any permit or 
authorization issued under the Magnuson-Stevens Act or any other statute 
administered by NOAA.
    (l) Fail to report catches as required while fishing pursuant to an 
exempted fishing permit.
    (m) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state or Federal 
regulations.
    (n) Trade, barter, or sell; or attempt to trade, barter, or sell 
fish possessed or retained while fishing pursuant to an authorization 
for an exempted educational activity.
    (o) Harass or sexually harass an authorized officer or an observer.
    (p) Fail to show proof of passing the USCG Commercial Fishing Vessel 
Safety Examination or the alternate NMFS safety equipment examination, 
or fail to maintain the vessel safety conditions necessary to pass the 
examination, when required by NMFS pursuant to Sec. 600.746.
    (q) Fail to display a Commercial Fishing Vessel Safety Examination 
decal or a valid certificate of compliance or inspection pursuant to 
Sec. 600.746.
    (r) Fail to provide to an observer, a NMFS employee, or a designated 
observer provider information that has been requested pursuant to Sec. 
600.746, or fail to allow an observer, a NMFS employee, or a designated 
observer provider to inspect any item described at Sec. 600.746.
    (s) Fish without an observer when the vessel is required to carry an 
observer.
    (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer.
    (u)(1) Prohibit or bar by command, impediment, threat, coercion, 
interference, or refusal of reasonable assistance, an observer from 
conducting his or her duties as an observer; or
    (2) Tamper with or destroy samples or equipment.
    (v) The use of any gear or participation in a fishery not on the 
following list of authorized fisheries and gear is prohibited after 
December 1, 1999. A fish, regardless whether targeted, may be retained 
only if it is taken within a listed fishery, is taken with a gear 
authorized for that fishery, and is taken in conformance with all other 
applicable regulations. Listed gear can only be used in a manner that is 
consistent with existing laws and regulations. The list of fisheries and 
authorized gear does not, in any way, alter or supersede any definitions 
or regulations contained elsewhere in this chapter. A person or vessel 
is prohibited from engaging in fishing or employing fishing gear when 
such fishing gear is prohibited or restricted by regulation under an FMP 
or other applicable law. However, after December 1, 1999, an individual 
fisherman may notify the appropriate Council, or the Director, in the 
case of Atlantic highly migratory species, of the intent to use a gear 
or participate in a fishery not already on the list. Ninety

[[Page 101]]

days after such notification, the individual may use the gear or 
participate in that fishery unless regulatory action is taken to 
prohibit the use of the gear or participate in the fishery (e.g., 
through emergency or interim regulations). The list of authorized 
fisheries and gear is as follows:

------------------------------------------------------------------------
                 Fishery                       Authorized gear types
------------------------------------------------------------------------
            I. New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
 1. Atlantic Sea Scallop Fishery (FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Hand harvest fishery..............  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
 2. Iceland Scallop Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
 3. Atlantic Salmon Fishery (FMP)          No harvest or possession in
                                            the EEZ.
 4. Striped Bass Fishery (Non-FMP)         No harvest or possession in
                                            the EEZ.
 5. Northeast (NE) Multispecies Fishery
 (FMP):
    A. NE multispecies sink gillnet        A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Groundfish hook and line fishery..  C. Longline, handline, rod
                                            and reel.
    D. Mixed species trap and pot fishery  D. Trap, pot.
    E. Dredge fishery....................  E. Dredge.
    F. Seine fishery.....................  F. Seine.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            spear.
 6. American Lobster Fishery (FMP):
    A. Lobster pot and trap fishery......  A. Pot, trap.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Dredge fishery....................  C. Dredge.
    D. Hand harvest fishery..............  D. Hand harvest.
    E. Gillnet fishery...................  E. Gillnet.
    F. Recreational fishery..............  F. Pot, trap, hand harvest.
 7. Atlantic Herring Fishery (FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Purse seine fishery...............  B. Purse seine.
    C. Gillnet fishery...................  C. Gillnet.
    D. Herring pair trawl fishery........  D. Pair trawl.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Hook and line, gillnet.
 8. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
 9. Atlantic Bluefish Fishery (FMP
 managed by MAFMC):
    A. Pelagic longline and hook and line  A. Longline, handline.
     fishery.
    B. Seine fishery.....................  B. Purse seine, seine.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Bluefish, croaker, flounder trawl   D. Trawl.
     fishery.
    E. Gillnet fishery...................  E. Gillnet.
    F. Dredge fishery....................  F. Dredge.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            trap, pot, spear.
10. Atlantic Mackerel, Squid and
 Butterfish Fishery (FMP managed by the
 MAFMC):
    A. Mackerel, squid, and butterfish     A. Trawl.
     trawl fishery.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline and hook-and-line fishery  C. Longline, handline, rod
                                            and reel.
    D. Purse seine fishery...............  D. Purse seine.
    E. Mixed species pot and trap fishery  E. Pot, trap.
    F. Dredge fishery....................  F. Dredge.
    G. Dip net fishery...................  G. Dip net.
    H. Bandit gear fishery...............  H. Bandit gear.
    I. Recreational fishery..............  I. Rod and reel, handline,
                                            pot, spear.
11. Surf Clam and Ocean Quahog Fishery
 (FMP managed by the MAFMC):
    A. Commercial fishery................  A. Dredge, hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
12. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.

[[Page 102]]

 
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line fishery..  D. Hook and line.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
13. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line.
    B. Recreational fishery..............  B. Hook and line, spear.
14. Atlantic Mussel and Sea Urchin
 Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Hand harvest fishery..............  B. Hand harvest.
    C. Recreational fishery..............  C. Hand harvest.
15. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Hook-and-line fishery.............  C. Longline and handline.
    D. Dredge fishery....................  D. Dredge.
    E. Recreational fishery..............  E. Rod and reel.
16. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
17. Northern Shrimp Fishery (Non-FMP):
    A. Shrimp trawl fishery..............  A. Trawl.
    B. Shrimp pot fishery................  B. Pot.
18. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline fishery..................  C. Longline.
    D. Dredge fishery....................  D. Dredge.
    E. Trap and pot fishery..............  E. Trap, pot.
    F. Recreational fishery..............  F. Rod and reel, spear.
19. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP managed by MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Longline and hook and line fishery  B. Longline, handline.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Rod and reel, handline,
                                            pot, trap, spear.
20. Hagfish Fishery (Non-FMP)              Trap, pot.
21. Tautog Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Rod and reel, hook and line         C. Rod and reel, handline,
     fishery.                               hook and line.
    D. Trawl fishery.....................  D. Trawl.
    E. Spear fishery.....................  E. Spear.
    F. Fyke net fishery..................  F. Fyke net.
    G. Recreational fishery..............  G. Rod and reel, hook and
                                            line, handline, spear.
22. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net, pot, trap, dip net,
                                            bully net, snare.
23. Commercial Fishery (Non-FMP)           Trawl, pot, trap, gillnet,
                                            pound net, dredge, seine,
                                            handline, longline, hook and
                                            line, rod and reel, hand
                                            harvest, purse seine, spear,
                                            bandit gear, powerhead, dip
                                            net, bully net, snare, cast
                                            net, barrier net, slurp gun,
                                            allowable chemicals.
24. Dolphin/wahoo fishery (FMP managed by  Automatic reel, bandit gear,
 SAFMC)                                     handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
           II. Mid-Atlantic Fishery Management Council (MAFMC)
------------------------------------------------------------------------
 1. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pelagic longline and hook and line  B. Longline, handline, rod
     fishery.                               and reel.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Rod and reel, handline,
                                            pot, trap, spear.
 2. Atlantic Bluefish Fishery (FMP):
    A. Bluefish, croaker, and flounder     A. Trawl.
     trawl fishery.
    B. Pelagic longline and hook and line  B. Longline, handline, bandit
     fishery.                               gear, rod and reel.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Seine fishery.....................  E. Purse seine, seine.

[[Page 103]]

 
    F. Dredge fishery....................  F. Dredge.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            trap, pot, spear.
 3. Atlantic Mackerel, Squid, and
 Butterfish Fishery (FMP):
    A. Mackerel, squid, and butterfish     A. Trawl.
     trawl fishery.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline and hook-and-line fishery  C. Longline, handline, rod
                                            and reel.
    D. Purse seine fishery...............  D. Purse seine.
    E. Mixed species pot and trap fishery  E. Pot, trap.
    F. Dredge fishery....................  F. Dredge.
    G. Dip net fishery...................  G. Dip net.
    H. Bandit gear fishery...............  H. Bandit gear.
    I. Recreational fishery..............  I. Rod and reel, handline,
                                            pot, spear.
 4. Surf Clam and Ocean Quahog Fishery
 (FMP):
    A. Commercial fishery................  A. Dredge, hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 5. Atlantic Sea Scallop Fishery (FMP
 managed by NEFMC):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Hand harvest fishery..............  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
 6. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line fishery..  D. Hook and line.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
 7. Striped Bass Fishery (Non-FMP)         No harvest or possession in
                                            the EEZ.
 8. Northern Shrimp Trawl Fishery (Non-    Trawl.
 FMP)
 9. American Lobster Fishery (FMP managed
 by NEFMC):
    A. Pot and trap fishery..............  A. Pot, trap.
    B. Hand harvest fishery..............  B. Hand harvest.
    C. Trawl fishery.....................  C. Trawl.
    D. Dredge fishery....................  D. Dredge.
    E. Gillnet fishery...................  E. Gillnet.
    F. Recreational fishery..............  F. Pot, trap, hand harvest.
10. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line, rod and reel.
    B. Recreational fishery..............  B. Hook and line, spear.
11. Whelk Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Dredge............................  C. Dredge.
    D. Pound net, gillnet, seine.........  D. Pound net, gillnet, seine.
    E. Recreational fishery..............  E. Hand harvest.
12. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Longline fishery..................  B. Longline, rod and reel.
    C. Gillnet fishery...................  C. Gillnet.
    D. Dredge fishery....................  D. Dredge.
    E. Trap and pot fishery..............  E. Trap and pot.
    F. Recreational fishery..............  F. Rod and reel, spear.
13. Tilefish Fishery (Non-FMP):
    A. Groundfish hook-and-line fishery..  A. Longline, handline, rod
                                            and fishery reel.
    B. Trawl fishery.....................  B. Trawl.
    C. Recreational fishery..............  C. Rod and reel, spear.
14. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
15. Tautog Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Rod and reel, hook and line         C. Rod and reel, hook and
     handline fishery.                      line, handline.
    D. Trawl fishery.....................  D. Trawl.
    E. Spear fishery.....................  E. Spear.
    F. Fyke net fishery..................  F. Fyke net.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            hook and line, spear.
16. Coastal Gillnet Fishery (Non-FMP)      Gillnet
17. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net.

[[Page 104]]

 
18. NE Multispecies Fishery (FMP managed
 by NEFMC):
    A. NE multispecies sink gillnet        A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Groundfish hook and line..........  C. Longline, handline, rod
                                            and fishery reel.
    D. Mixed species trap and pot fishery  D. Trap, pot.
    E. Dredge fishery....................  E. Dredge.
    F. Seine fishery.....................  F. Seine.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            spear.
19. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Hook-and-line fishery.............  C. Longline and handline.
    D. Dredge fishery....................  D. Dredge.
    E. Recreational fishery..............  E. Rod and reel.
20. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
21. Atlantic Herring Fishery (FMP managed
 by the NEFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Purse seine fishery...............  B. Purse seine.
    C. Gillnet fishery...................  C. Gillnet.
    D. Herring pair trawl fishery........  D. Pair trawl.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Hook and line, gillnet.
22. South Atlantic Snapper-Grouper
 Fishery (FMP managed by the SAFMC):
    A. Commercial fishery................  A. Longline, rod and reel,
                                            bandit gear, handline,
                                            spear, powerhead.
    B. Black sea bass trap and pot         B. Pot, trap.
     fishery.
    C. Wreckfish fishery.................  C. Rod and reel, bandit gear,
                                            handline.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            bandit gear, spear,
                                            powerhead.
23. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP managed by the
 SAFMC):
    A. Commercial Spanish mackerel         A. Handline, rod and reel,
     fishery.                               bandit gear, gillnet, cast
                                            net.
    B. Commercial king mackerel fishery..  B. Handline, rod and reel,
                                            bandit gear.
    C. Other commercial coastal migratory  C. Longline, handline, rod
     pelagics fishery.                      and reel, bandit gear.
    D. Recreational fishery..............  D. Bandit gear, rod and reel,
                                            handline, spear.
24. Calico Scallops Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Dredge fishery....................  B. Dredge.
    C. Recreational fishery..............  C. Hand harvest.
25. Sargassum Fishery (Non-FMP)            Trawl.
26. South Atlantic Shrimp Fishery (FMP)    Trawl.
27. Commercial Fishery (Non-FMP)           Trawl, pot, trap, gillnet,
                                            pound net, dredge, seine,
                                            handline, longline, hook and
                                            line, rod and reel, spear.
28. Dolphin/wahoo fishery (FMP managed by  Automatic reel, bandit gear,
 SAFMC)                                     handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
             III. South Atlantic Fishery Management Council
------------------------------------------------------------------------
 1. Golden Crab Fishery (FMP)              Trap.
 2. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
 3. Atlantic Red Drum Fishery (FMP)        No harvest or possession in
                                            the EEZ.
 4. Coral and Coral Reef Fishery (FMP):
    A. Octocoral commercial fishery......  Hand harvest.
    B. Live rock aquaculture fishery.....  Hand harvest.
 5. South Atlantic Shrimp Fishery (FMP)    Trawl.
 6. South Atlantic Snapper-Grouper
 Fishery (FMP):
    A. Commercial fishery................  A. Longline, rod and reel,
                                            bandit gear, handline,
                                            spear, powerhead.
    B. Black sea bass pot fishery........  B. Pot.
    C. Wreckfish fishery.................  C. Rod and reel, bandit gear,
                                            handline.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            bandit gear, spear,
                                            powerhead.
 7. South Atlantic Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery................  A. Trap, pot, dip net, bully
                                            net, snare, hand harvest.

[[Page 105]]

 
    B. Recreational fishery..............  B. Trap, pot, dip net, bully
                                            net, snare, hand harvest.
 8. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP):
    A. Commercial Spanish mackerel         A. Handline, rod and reel,
     fishery.                               bandit gear, gillnet, cast
                                            net.
    B. Commercial king mackerel fishery..  B. Handline, rod and reel,
                                            bandit gear.
    C. Other commercial coastal migratory  C. Longline, handline, rod
     pelagics fishery.                      and reel, bandit gear.
    D. Recreational fishery..............  D. Bandit gear, rod and reel,
                                            handline, spear.
 9. Spiny Dogfish Fishery (FMP jointly
 managed by NEFMC and SAFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear, bandit gear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
10. Smooth Dogfish Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear, bandit gear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
11. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line..........  D. Hook and line fishery.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
12. Atlantic Mackerel, Squid, and          Trawl.
 Butterfish Trawl Fishery (Non-FMP)
13. Bait Fisheries (Non-FMP)               Purse seine.
14. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line.
    B. Recreational fishery..............  B. Hook and line, spear.
15. Whelk Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Dredge fishery....................  C. Dredge.
    D. Recreational fishery..............  D. Hand harvest.
16. Marine Life Aquarium Fishery (Non-     Dip net, slurp gun, barrier
 FMP)                                       net, drop net, allowable
                                            chemical, trap, pot, trawl.
17. Calico Scallop Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Recreational fishery..............  C. Hand harvest.
18. Summer Flounder Fishery (FMP managed
 by MAFMC):
    A. Commercial fishery................  A. Trawl, longline, handline,
                                            rod and reel, pot, trap,
                                            gillnet, dredge.
    B. Recreational fishery..............  B. Rod and reel, handline,
                                            pot, trap, spear.
19. Bluefish, Croaker, and Flounder Trawl  Trawl, gillnet.
 and Gillnet Fishery (Bluefish FMP
 managed by MAFMC)
20. Commercial Fishery (Non-FMP)           Trawl, gillnet, longline,
                                            handline, hook and line, rod
                                            and reel, bandit gear, cast
                                            net, pot, trap, lampara net,
                                            spear.
21. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net.
22. Sargassum Fishery (Non-FMP)            Trawl.
23. Octopus Fishery (Non-FMP)              Trap, pot.
24. Dolphin/wahoo fishery (FMP)            Automatic reel, bandit gear,
                                            handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
              IV. Gulf of Mexico Fishery Management Council
------------------------------------------------------------------------
 1. Gulf of Mexico Red Drum Fishery (FMP)  No harvest or possession in
                                            the EEZ.
 2. Coral Reef Fishery (FMP):
    A. Commercial fishery................  A. Hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 3. Gulf of Mexico Reef Fish Fishery
 (FMP):
    A. Snapper-Grouper reef fish longline  A. Longline, handline, bandit
     and hook and line fishery.             gear, rod and reel, buoy
                                            gear.
    B. Other commercial fishery..........  B. Spear, powerhead, cast
                                            net, trawl.
    C. Recreational fishery..............  C. Spear, powerhead, bandit
                                            gear, handline, rod reel,
                                            cast net.
 4. Gulf of Mexico Shrimp Fishery (FMP):

[[Page 106]]

 
    A. Gulf of Mexico commercial fishery.  A. Trawl butterfly net,
                                            skimmer, cast net.
    B. Recreational fishery..............  B. Trawl.
 5. Gulf of Mexico Coastal Migratory
 Pelagics Fishery (FMP):
    A. Large pelagics longline fishery...  A. Longline.
    B. King/Spanish mackerel gillnet       B. Gillnet.
     fishery.
    C. Pelagic hook and line fishery.....  C. Bandit gear, handline, rod
                                            and reel.
    D. Pelagic species purse seine         D. Purse seine.
     fishery.
    E. Recreational fishery..............  E. Bandit gear, handline, rod
                                            and reel, spear.
 Gulf of Mexico Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery................  A. Trap, pot, dip net, bully
                                            net, hoop net, trawl, snare,
                                            hand harvest.
    C. Recreational fishery..............  C. Dip net, bully net, pot,
                                            trap, snare, hand harvest.
 6. Stone Crab Fishery (FMP):
    A. Trap and pot fishery..............  A. Trap, pot
    B. Recreational fishery..............  B. Trap, pot, hand harvest.
 7. Blue Crab Fishery (Non-FMP)            Trap, pot.
 8. Golden Crab Fishery (Non-FMP)          Trap.
 9. Mullet Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Pair trawl fishery................  C. Pair trawl.
    D. Cast net fishery..................  D. Cast net.
    E. Recreational fishery..............  E. Bandit gear, handline, rod
                                            and reel, spear, cast net.
10. Inshore Coastal Gillnet Fishery (Non-  Gillnet.
 FMP)
11. Octopus Fishery (Non-FMP)              Trap, pot.
12. Marine Life Aquarium Fishery (Non-     Dip net, slurp gun, barrier
 FMP)                                       net, drop net, allowable
                                            chemical, trap, pot, trawl.
13. Coastal Herring Trawl Fishery (Non-    Trawl.
 FMP)
14. Butterfish Trawl Fishery (Non-FMP)     Trawl.
15. Gulf of Mexico Groundfish (Non-FMP):
    A. Commercial fishery................  A. Trawl, purse seine,
                                            gillnet.
    B. Recreational fishery..............  B. Hook and line, rod and
                                            reel, spear.
16. Gulf of Mexico Menhaden Purse Seine    Purse seine.
 Fishery (Non-FMP)
17. Sardine Purse Seine Fishery (Non-FMP)  Purse seine.
18. Oyster Fishery (Non-FMP)               Dredge, tongs.
19. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, lampara net,
                                            spear.
20. Recreational Fishery (Non-FMP)         Bandit gear, handline, rod
                                            and reel, spear, bully net,
                                            gillnet, dip net, longline,
                                            powerhead, seine, slurp gun,
                                            trap, trawl, harpoon, cast
                                            net, hoop net, hook and
                                            line, hand harvest.
21. Offshore aquaculture (FMP)             Cages, net pens
------------------------------------------------------------------------
                 V. Caribbean Fishery Management Council
------------------------------------------------------------------------
 1. Caribbean Spiny Lobster Fishery
 (FMP):
    A. Trap/pot fishery..................  A. Trap/pot.
    B. Dip net fishery...................  B. Dip net.
    C. Hand harvest fishery..............  C. Hand harvest, snare.
    D. Recreational fishery..............  D. Dip net, trap, pot.
 2. Caribbean Reef Fish Fishery (FMP):
    A. Longline/hook and line fishery....  A. Longline, hook and line.
    B. Trap/pot fishery..................  B. Trap, pot.
    C. Recreational fishery..............  C. Dip net, handline, rod and
                                            reel, slurp gun, spear.
    D. Other commercial fishery..........  D. Spear.
 3. Coral and Reef Resources Fishery
 (FMP):
    A. Commercial fishery................  A. Dip net, slurp gun.
    B. Recreational fishery..............  B. Dip net, slurp gun, hand
                                            harvest.
 4. Queen Conch Fishery (FMP):
    A. Commercial fishery................  A. Hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 5. Caribbean Pelagics Fishery (Non-FMP):
    A. Pelagics drift gillnet fishery....  A. Gillnet.
    B. Pelagics longline/hook and line     B. Longline/hook and line.
     fishery.
    C. Recreational fishery..............  C. Spear, handline, longline,
                                            rod and reel.
 6. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
 7. Recreational Fishery (Non-FMP)         Rod and reel, hook and line,
                                            spear, powerhead, handline,
                                            hand harvest, cast net.
------------------------------------------------------------------------
                 VI. Pacific Fishery Management Council
------------------------------------------------------------------------
1. Pacific Coast Salmon Fisheries (FMP):

[[Page 107]]

 
    A. Commercial........................  A. Hook and line.
    B. Recreational......................  B. Hook and line.
2. Pacific Coast Groundfish Fisheries
 (FMP):
    A. Commercial........................  A. Trawl, hook and line, pot/
                                            trap, demersal seine, set
                                            net, spear, and hand
                                            collection.
    B. Recreational......................  B. Hook and line, spear.
3. Coastal Pelagic Species Fisheries
 (FMP):
    A. Commercial........................  A. Purse seine, lampara net,
                                            brail net, dip net, cast
                                            net, hook and line.
    B. Recreational......................  B. Hook and line, spear, pot/
                                            trap, dip net, cast net,
                                            hand harvest, rake, harpoon,
                                            bow and arrow.
4. Highly Migratory Species Fisheries
 (FMP):
    A. Commercial........................  A. Hook and line, gillnet,
                                            harpoon, purse seine.
    B. Recreational......................  B. Hook and line, spear,
                                            harpoon, bow and arrow.
5. Pacific Halibut Fisheries (Non-FMP):
    A. Commercial........................  A. Hook and line.
    B. Recreational......................  B. Hook and line, spear.
6. Dungeness Crab Fisheries (Non-FMP):
    A. Commercial........................  A. Pot/trap.
    B. Recreational North of 46 deg.15'    B. Pot/trap, dip net, hand
     N. lat.                                harvest.
    C. Recreational South of 46 deg.15'    C. Pot/trap, hook and line,
     N. lat. and North of 42 deg. N. lat.   dip net, hand harvest, rake,
                                            crab loop.
    D. Recreational South of 42 deg. N.    D. Pot/trap, hand harvest,
     lat.                                   hoop net, crab loop.
7. Crab Fisheries for Species other than
 Dungeness crab (Non-FMP):
    A. Commercial Pot/Trap Fisheries       A. Pot/trap.
     South of 46 deg.15' N. lat.
    B. Recreational North of 46 deg.15'    B. Pot/trap, dip net, hand
     N. lat.                                harvest.
    C. Recreational South of 46 deg.15'    C. Pot/trap, hook and line,
     N. lat. and North of 42 deg. N. lat.   dip net, hand harvest, rake,
                                            crab loop.
    D. Recreational South of 42 deg. N.    D. Pot/trap, hand harvest,
     lat.                                   hoop net, crab loop.
8. Shrimp and Prawn Fisheries (Non-FMP):
    A. Commercial spot prawn.............  A. Pot/trap.
    B. Commercial pink shrimp North of 46  B. Trawl.
     deg.15' N. lat.
    C. Commercial pink shrimp South of 46  C. Pot/trap, trawl.
     deg.15' N. lat.
    D. Commercial coonstripe shrimp South  D. Pot/trap.
     of 46 deg.15' N. lat.
    E. Commercial ridgeback prawn South    E. Trawl.
     of 42 deg. N. lat.
    F. Recreational North of 46 deg.15'    F. Pot/trap, dip net, hand
     N. lat.                                harvest.
    G. Recreational South of 46 deg.15'    G. Pot/trap, hook and line,
     N. lat. and North of 42 deg. N. lat.   dip net, hand harvest, rake.
    H. Recreational South of 42 deg. N.    H. Pot/trap, hand harvest,
     lat.                                   dip net.
9. Hagfish Commercial Fisheries (Non-FMP)  Pot/trap.
10. Squid, all spp. except market squid
 or not otherwise prohibited, and Octopus
 Fisheries (Non-FMP):
    A. Commercial........................  A. Hook and line, pot/trap,
                                            dip net, seine, trawl, set
                                            net, spear, hand harvest.
    B. Recreational Squid North of 42      B. Hook and line, cast net,
     deg. N. lat.                           dip net, hand harvest.
    C. Recreational Octopus North of 42    C. Hook and line, pot/trap,
     deg. N. lat.                           dip net, hand harvest.
    D. Recreational South of 42 deg. N.    D. Hook and line, dip net,
     lat.                                   hand harvest.
11. White Sturgeon Fisheries (Non-FMP):
    A. Commercial South of 46 deg.15' N.   A. Trawl, pot/trap, hook and
     lat. and North of 42 deg. N. lat.      line, seine, dip net, spear.
    B. Recreational North of 42 deg. N.    B. Hook and line.
     lat.
    C. Recreational South of 42 deg. N.    C. Hook and line, spear.
     lat.
12. Sea Cucumber Fishery (Non-FMP):
    A. Commercial hand harvest fishery     A. Hand harvest.
     South of 46 deg.15' N. lat.
    B. Commercial trawl South of 42 deg.   B. Trawl.
     N. lat.
13. Minor Finfish Commercial Fisheries     Trawl, pot/trap, hook and
 South of 46 deg.15' N. lat. and North of   line, seine, dipnet, spear.
 42 deg. N. lat. for: Salmon shark,
 Pacific pomfret, slender sole, wolf-eel,
 eelpout species, Pacific sandfish,
 skilfish, and walleye pollock Fisheries
 (Non-FMP).
14. Weathervane Scallop Commercial         Trawl.
 Fishery South of 46 deg.15' N. lat. and
 North of 42 deg. N. lat. (Non-FMP).
15. California Halibut, White Seabass
 Commercial Fisheries South of 42 deg. N.
 lat. (Non-FMP):
    A. California halibut trawl..........  A. Trawl.
    B. California halibut and white        B. Gillnet, trammel net.
     seabass set net.
    C. California halibut hook and line..  C. Hook and line.
    D. White seabass hook and line.......  D. Hook and line.
16. California Barracuda, White Seabass,   Gillnet.
 and Yellowtail Drift-Net Commercial
 Fishery South of 42 deg. N. lat. (Non-
 FMP).
17. Pacific Bonito Commercial Net Fishery  Purse seine.
 South of 42 deg. N. lat. (Non-FMP).
18. Lobster Commercial Pot and Trap        Pot/trap.
 Fishery South of 42 deg. N. lat. (Non-
 FMP).
19. Finfish and Invertebrate Fisheries
 Not Listed Above and Not Otherwise
 Prohibited (Non-FMP):

[[Page 108]]

 
    A. Commercial South of 46 deg.15' N.   A. Hook and line, pot/trap,
     lat.                                   spear.
    B. Recreational......................  B. Hook and line, spear, pot/
                                            trap, dip net, cast net,
                                            hand harvest, rake, harpoon,
                                            bow and arrow.
------------------------------------------------------------------------
              VII. North Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Alaska Scallop Fishery (FMP)           Dredge.
 2. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Pot fishery..........................  Pot.
 3. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Recreational fishery.................  Pot.
 4. BS and AI Groundfish Fishery (FMP):
    A. Groundfish trawl fishery..........  A. Trawl.
    B. Bottomfish hook-and-line, and       B. Hook and line, handline.
     handline fishery.
    C. Longline fishery..................  C. Longline.
    D. BS and AI pot and trap fishery....  D. Pot, trap.
 5. BS and AI Groundfish Recreational      Handline, rod and reel, hook
 Fishery (Non-FMP)                          and line, pot, trap.
 6. Gulf of Alaska (GOA) Groundfish
 Fishery (FMP):
    A. Groundfish trawl fishery..........  A. Trawl.
    B. Bottomfish hook-and-line and        B. Hook and line, handline.
     handline fishery.
    C. Longline fishery..................  C. Longline.
    D. GOA pot and trap fishery..........  D. Pot, trap.
    E. Recreational fishery..............  E. Handline, rod and reel,
                                            hook and line, pot, trap.
 7. Pacific Halibut Fishery (Non-FMP):
    A. Commercial (IFQ and CDQ)..........  A. Hook and line.
    B. Recreational......................  B. Single line with no more
                                            than 2 hooks attached or
                                            spear.
    C. Subsistence.......................  C. Setline gear and hand held
                                            gear of not more than 30
                                            hooks, including longline,
                                            handline, rod and reel,
                                            spear, jig, and hand-troll
                                            gear.
 8. Alaska High Seas Salmon Hook and Line
 Fishery:
    (FMP)................................  Hook and line.
 9. Alaska Salmon Fishery (Non-FMP):
    A. Hook-and-line fishery.............  A. Hook and line.
    B. Gillnet fishery...................  B. Gillnet.
    C. Purse seine fishery...............  C. Purse seine.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            hook and line.
10. Finfish Purse Seine Fishery (Non-FMP)  Purse seine.
11. Octopus/Squid Longline Fishery (Non-   Longline.
 FMP)
12. Finfish Handline and Hook-and-line     Handline, hook and line.
 Fishery (Non-FMP)
13. Recreational Fishery (Non-FMP)         Handline, rod and reel, hook
                                            line.
14. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
------------------------------------------------------------------------
            VIII. Western Pacific Fishery Management Council
------------------------------------------------------------------------
1. Western Pacific Crustacean Fishery      Trap, hand harvest, hoop net.
 (FMP) (Fishery Ecosystem Plan, FEP)
2. Western Pacific Crustacean Fishery
 (Non-FEP):
    A. Commercial fishery................  A. Gillnet, hand harvest,
                                            hoop net, spear, snare,
                                            trap, trawl.
    B. Recreational fishery..............  B. Gillnet, hand harvest,
                                            hoop net, spear, snare,
                                            trap.
    C. Charter fishery...................  C. Hand harvest, spear.
3. Western Pacific Precious Corals
 Fishery (FEP):
    A. Tangle net dredge fishery.........  A. Tangle net dredge.
    B. Submersible fishery...............  B. Submersible.
    C. Dive fishery......................  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
4. Western Pacific Precious Corals         Hand harvest, submersible,
 Fishery (Non-FEP)                          tangle net dredge.
5. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (FEP)
    A. Bottomfish hook-and-line fishery..  A. Bandit gear, buoy gear,
                                            handline, hook and line, rod
                                            and reel, hand harvest.
    B. Seamount groundfish fishery.......  B. Longline, trawl.
    C. Bottom longline fishery...........  C. Longline, hook and line.
    D. Trap fishery......................  D. Trap.
    E. Spear fishery.....................  E. Spear, powerhead.
6. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (Non-FEP):
    A. Commercial fishery................  A. Bandit gear, buoy gear,
                                            gillnet, handline, hook-and-
                                            line, longline, rod and
                                            reel, spear, trap.
    B. Recreational fishery..............  B. Bandit gear, buoy gear,
                                            Gillnet, handline, hook and
                                            line, longline, rod and
                                            reel, spear, trap, slurp
                                            gun, hand harvest.

[[Page 109]]

 
    C. Charter fishery...................  C. Bandit gear, buoy gear,
                                            handline, hook-and-line, rod
                                            and reel, spear.
7. Western Pacific Pelagics Fishery
 (FEP):
    A. Longline Fishery..................  A. Longline.
    B. Hook and line fishery.............  B. Bandit gear, buoy gear,
                                            handline, hook and line, rod
                                            and reel.
    C. Purse seine fishery...............  C. Lampara net, purse seine.
    D. Spear fishery.....................  D. Spear, powerhead.
    E. Squid jig fishery.................  E. Squid jig.
8. Western Pacific Pelagics Fishery (Non-
 FEP):
    A. Recreational fishery..............  A. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and real, spear.
    B. Commercial fishery................  B. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and reel, spear.
    C. Charter fishery...................  C. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and reel, spear.
9. Western Pacific Coastal Pelagics        Bandit gear, buoy gear, dip
 Fishery (Non-FEP)                          net, gillnet, handline, hook
                                            and line, hoop net, lampara
                                            net, purse seine, rod and
                                            reel, spear.
10. Western Pacific Squid and Octopus      Bandit gear, hand harvest,
 Fishery (Non-FEP)                          hook and line, rod and reel,
                                            spear, trap.
11. Western Pacific Coral Reef Fishery     Allowable chemical, barrier
 (Non-FEP)                                  net, dip net, gillnet, hand
                                            harvest, seine, slurp gun,
                                            trap, spear, rod and reel,
                                            hook and line.
12. Recreational Fishery (Non-FEP)         Rod and reel, hook and line,
                                            handline, hand harvest,
                                            spear.
13. Commercial Fishery (Non-FEP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
------------------------------------------------------------------------
                        IX. Secretary of Commerce
------------------------------------------------------------------------
 1. Atlantic Highly Migratory Species
 Fisheries (FMP):
    A. Swordfish handgear fishery........  A. Rod and reel, harpoon,
                                            handline, bandit gear, buoy
                                            gear, green-stick gear.
    B. Swordfish recreational fishery....  B. Rod and reel, handline.
    C. Pelagic longline fishery..........  C. Longline.
    D. Shark gillnet fishery.............  D. Gillnet
    E. Shark bottom longline fishery.....  E. Longline.
    F. Shark handgear fishery............  F. Rod and reel, handline,
                                            bandit gear.
    G. Shark recreational fishery........  G. Rod and reel, handline.
    H. Tuna purse seine fishery..........  H. Purse seine.
    I. Tuna recreational fishery.........  I. Speargun gear (for bigeye,
                                            albacore, yellowfin, and
                                            skipjack tunas only); Rod
                                            and reel, handline (all
                                            tunas); green-stick gear
                                            (HMS Charter/Headboat
                                            Category only).
    J. Tuna handgear fishery.............  J. Rod and reel, harpoon,
                                            handline, bandit gear.
    K. Tuna harpoon fishery..............  K. Harpoon.
    L. Atlantic billfish recreational      L. Rod and reel.
     fishery.
    M. Tuna green-stick fishery..........  M. Green-stick gear.
    N. Commercial Caribbean Small Boat     N. Rod and reel, handline,
     Fishery.                               harpoon, bandit gear, green-
                                            stick gear, buoy gear.
2. Commercial Fisheries (Non-FMP)          Rod and reel, handline,
                                            longline, gillnet, harpoon,
                                            bandit gear, purse seine,
                                            green-stick gear.
------------------------------------------------------------------------

    (w) Fail to maintain safe conditions for the protection of observers 
including compliance with all U.S. Coast Guard and other applicable 
rules, regulations, or statutes applicable to the vessel and which 
pertain to safe operation of the vessel.

[61 FR 32540, June 24, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
600.725, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 600.730  Facilitation of enforcement.

    (a) General. The operator of, or any other person aboard, any 
fishing vessel subject to parts 622 through 699 of this chapter must 
immediately comply with instructions and signals issued by an authorized 
officer to stop the vessel and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record

[[Page 110]]

(where applicable), and catch for purposes of enforcing the Magnuson-
Stevens Act or any other statute administered by NOAA and this chapter.
    (1) For the purposes of this section ``freeboard'' means the working 
distance between the top rail of the gunwale of a vessel and the water's 
surface. Where cut-outs are provided in the bulwarks for the purpose of 
boarding personnel, freeboard means the distance between the threshold 
of the bulwark cut-out and the water's surface.
    (2) For the purposes of this section, ``pilot ladder'' means a 
flexible ladder constructed and approved to meet the U.S. Coast Guard 
standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot 
Ladder.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer aboard, 
the operator of a fishing vessel must be alert for communications 
conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method for communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, or voice 
may be employed by an authorized officer, and message blocks may be 
dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' as the signal to 
stop. In the International Code of Signals, ``L'' (.-..) means ``you 
should stop your vessel instantly.'' (Period (.) means a short flash of 
light; dash (-) means a long flash of light.)
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer using loudhailer, 
radiotelephone, flashing light signal, or other means constitutes prima 
facie evidence of the offense of refusal to permit an authorized officer 
to board.
    (5) The operator of a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command to 
stop the vessel instantly.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Guard Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or maneuver in such a way as to 
allow the authorized officer and his/her party to come aboard.
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or observer 
personnel, a pilot ladder capable of being used for the purpose of 
enabling personnel to embark and disembark the vessel safely. The pilot 
ladder must be maintained in good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, and 
illumination for the pilot ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer and the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly. (Period (.) means a 
short flash of light; dash (-) means a long flash of light.)
    (1) ``AA'' repeated (.-.-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the vessel 
by radiotelephone or by illuminating the vessel's identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear which may be in the water.

[[Page 111]]

    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996; 
63 FR 7075, Feb. 12, 1998; 73 FR 67809, Nov. 17, 2008]



Sec. 600.735  Penalties.

    Any person committing, or fishing vessel used in the commission of a 
violation of the Magnuson-Stevens Act or any other statute administered 
by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is 
subject to the civil and criminal penalty provisions and civil 
forfeiture provisions of the Magnuson-Stevens Act, to this section, to 
15 CFR part 904 (Civil Procedures), and to other applicable law.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.740  Enforcement policy.

    (a) The Magnuson-Stevens Act provides four basic enforcement 
remedies for violations, in ascending order of severity, as follows:
    (1) Issuance of a citation (a type of warning), usually at the scene 
of the offense (see 15 CFR part 904, subpart E).
    (2) Assessment by the Administrator of a civil money penalty.
    (3) For certain violations, judicial forfeiture action against the 
vessel and its catch.
    (4) Criminal prosecution of the owner or operator for some offenses. 
It shall be the policy of NMFS to enforce vigorously and equitably the 
provisions of the Magnuson-Stevens Act by utilizing that form or 
combination of authorized remedies best suited in a particular case to 
this end.
    (b) Processing a case under one remedial form usually means that 
other remedies are inappropriate in that case. However, further 
investigation or later review may indicate the case to be either more or 
less serious than initially considered, or may otherwise reveal that the 
penalty first pursued is inadequate to serve the purposes of the 
Magnuson-Stevens Act. Under such circumstances, the Agency may pursue 
other remedies either in lieu of or in addition to the action originally 
taken. Forfeiture of the illegal catch does not fall within this general 
rule and is considered in most cases as only the initial step in 
remedying a violation by removing the ill-gotten gains of the offense.
    (c) If a fishing vessel for which a permit has been issued under the 
Magnuson-Stevens Act is used in the commission of an offense prohibited 
by section 307 of the Magnuson-Stevens Act, NOAA may impose permit 
sanctions, whether or not civil or criminal action has been undertaken 
against the vessel or its owner or operator. In some cases, the 
Magnuson-Stevens Act requires permit sanctions following the assessment 
of a civil penalty or the imposition of a criminal fine. In sum, the 
Magnuson-Stevens Act treats sanctions against the fishing vessel permit 
to be the carrying out of a purpose separate from that accomplished by 
civil and criminal penalties against the vessel or its owner or 
operator.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.745  Scientific research activity, exempted fishing,
and exempted educational activity.

    (a) Scientific research activity. Nothing in this part is intended 
to inhibit or prevent any scientific research activity conducted by a 
scientific research vessel. Persons planning to conduct scientific 
research activities on board a scientific research vessel in the EEZ or 
on the high seas are encouraged to submit to the appropriate Regional 
Administrator or Director, 60 days or as soon as practicable prior to 
its start, a scientific research plan for each scientific activity. The 
Regional Administrator or Director will acknowledge notification of 
scientific research activity by issuing to the operator or master of 
that vessel, or to the sponsoring institution, a Letter of 
Acknowledgment. This Letter of Acknowledgment is separate and distinct 
from any permit or consultation required by the MMPA, the ESA, or any 
other applicable law. The Regional Administrator or Director will 
include text in the Letter of Acknowledgment informing the applicant 
that such a permit may be required and should be obtained from the 
agency prior to embarking on the activity. If the Regional Administrator

[[Page 112]]

or Director, after review of a research plan, determines that it does 
not constitute scientific research but rather fishing, the Regional 
Administrator or Director will inform the applicant as soon as 
practicable and in writing. In making this determination, the Regional 
Administrator, Director, or designee shall consider: the merits of the 
individual proposal and the institution(s) involved; whether the 
proposed activity meets the definition of scientific research activity; 
and whether the vessel meets all the requirements for a scientific 
research vessel. The Regional Administrator or Director may also make 
recommendations to revise the research plan to ensure the activity will 
be considered to be scientific research activity or recommend the 
applicant request an EFP. The Regional Administrator or Director may 
designate a Science and Research Director, or the Assistant Regional 
Administrator for Sustainable Fisheries, to receive scientific research 
plans and issue Letters of Acknowledgment. In order to facilitate 
identification of the activity as scientific research, persons 
conducting scientific research activities are advised to carry a copy of 
the scientific research plan and the Letter of Acknowledgment on board 
the scientific research vessel and to make it available for inspection 
upon the request of any authorized officer. It is recommended that for 
any scientific research activity, any fish, or parts thereof, retained 
pursuant to such activity be accompanied, during any ex-vessel 
activities, by a copy of the Letter of Acknowledgment. Activity 
conducted in accordance with a scientific research plan acknowledged by 
such a Letter of Acknowledgment is presumed to be scientific research 
activity. An authorized officer may overcome this presumption by showing 
that an activity does not fit the definition of scientific research 
activity or is outside the scope of the scientific research plan.
    (b) Exempted fishing--(1) General. A NMFS Regional Administrator or 
Director may authorize, for limited testing, public display, data 
collection, exploratory fishing, compensation fishing, conservation 
engineering, health and safety surveys, environmental cleanup, and/or 
hazard removal purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited. Exempted fishing may not be conducted unless authorized by 
an EFP issued by a Regional Administrator or Director in accordance with 
the criteria and procedures specified in this section. Compensation 
fishing must be conducted under an EFP if the activity would otherwise 
be prohibited by applicable regulations unless the activity is 
specifically authorized under an FMP or a scientific research permit. 
Conservation engineering that does not meet the definition of scientific 
research activity, but does meet the definition of fishing must be 
conducted under an EFP if the activity would otherwise be prohibited by 
applicable regulations. Data collection designed to capture and land 
quantities of fish for product development, market research, and/or 
public display must be permitted under exempted fishing procedures. An 
EFP exempts a vessel only from those regulations specified in the EFP. 
All other applicable regulations remain in effect. The Regional 
Administrator or Director may charge a fee to recover the administrative 
expenses of issuing an EFP. The amount of the fee will be calculated, at 
least annually, in accordance with procedures of the NOAA Handbook for 
determining administrative costs of each special product or service; the 
fee may not exceed such costs. Persons may contact the appropriate 
Regional Administrator or Director to determine the applicable fee.
    (2) Application. An applicant for an EFP shall submit a completed 
application package to the appropriate Regional Administrator or 
Director, as soon as practicable and at least 60 days before the desired 
effective date of the EFP. Submission of an EFP application less than 60 
days before the desired effective date of the EFP may result in a 
delayed effective date because of review requirements. The application 
package must include payment of any required fee as specified by 
paragraph (b)(1) of this section, and a written application that 
includes, but is not limited to, the following information:

[[Page 113]]

    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A statement of the purposes and goals of the exempted fishery 
for which an EFP is needed, including justification for issuance of the 
EFP.
    (iv) For each vessel to be covered by the EFP, as soon as the 
information is available and before operations begin under the EFP:
    (A) A copy of the USCG documentation, state license, or registration 
of each vessel, or the information contained on the appropriate 
document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (v) The species (target and incidental) expected to be harvested 
under the EFP, the amount(s) of such harvest necessary to conduct the 
exempted fishing, the arrangements for disposition of all regulated 
species harvested under the EFP, and any anticipated impacts on the 
environment, including impacts on fisheries, marine mammals, threatened 
or endangered species, and EFH.
    (vi) For each vessel covered by the EFP, the approximate time(s) and 
place(s) fishing will take place, and the type, size, and amount of gear 
to be used.
    (vii) The signature of the applicant.
    (viii) The Regional Administrator or Director, as appropriate, may 
request from an applicant additional information necessary to make the 
determinations required under this section. An incomplete application or 
an application for which the appropriate fee has not been paid will not 
be considered until corrected in writing and the fee paid. An applicant 
for an EFP need not be the owner or operator of the vessel(s) for which 
the EFP is requested.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a preliminary 
determination whether the application contains all of the required 
information and constitutes an activity appropriate for further 
consideration. If the Regional Administrator or Director finds that any 
application does not warrant further consideration, both the applicant 
and the affected Council(s) will be notified in writing of the reasons 
for the decision. If the Regional Administrator or Director determines 
that any application warrants further consideration, notification of 
receipt of the application will be published in the Federal Register 
with a brief description of the proposal. Interested persons will be 
given a 15- to 45-day opportunity to comment on the notice of receipt of 
the EFP application. In addition, comments may be requested during 
public testimony at a Council meeting. If the Council intends to take 
comments on EFP applications at a Council meeting, it must include a 
statement to this effect in the Council meeting notice and meeting 
agenda. Multiple applications for EFPs may be published in the same 
Federal Register document and may be discussed under a single Council 
agenda item. The notification may establish a cut-off date for receipt 
of additional applications to participate in the same, or a similar, 
exempted fishing activity. The Regional Administrator or Director will 
also forward copies of the application to the Council(s), the U.S. Coast 
Guard, and the appropriate fishery management agencies of affected 
states, accompanied by the following information:
    (A) The effect of the proposed EFP on the target and incidental 
species, including the effect on any TAC.
    (B) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (C) Biological information relevant to the proposal, including 
appropriate statements of environmental impacts, including impacts on 
fisheries, marine mammals, threatened or endangered species, and EFH.
    (ii) If the application is complete and warrants additional 
consultation, the Regional Administrator or Director may consult with 
the appropriate Council(s) concerning the permit application during the 
period in which comments have been requested. The Council(s) or the 
Regional Administrator or Director shall notify the applicant in advance 
of any public meeting at which the application will be considered, and 
offer the applicant the opportunity to appear in support of the 
application.

[[Page 114]]

    (iii) As soon as practicable after receiving a complete application, 
including all required analyses and consultations (e.g., NEPA, EFH, ESA 
and MMPA), and having received responses from the public, the agencies 
identified in paragraph (b)(3)(i) of this section, and/or after the 
consultation, if any, described in paragraph (b)(3)(ii) of this section, 
the Regional Administrator or Director shall issue the EFP or notify the 
applicant in writing of the decision to deny the EFP and the reasons for 
the denial. Grounds for denial of an EFP include, but are not limited 
to, the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application; or
    (B) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect the 
well-being of the stock of any regulated species of fish, marine mammal, 
threatened or endangered species, or EFH; or
    (C) Issuance of the EFP would have economic allocation as its sole 
purpose (other than compensation fishing); or
    (D) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section, the management objectives of the FMP, 
or other applicable law; or
    (E) The applicant has failed to demonstrate a valid justification 
for the permit; or
    (F) The activity proposed under the EFP could create a significant 
enforcement problem.
    (iv) The decision of a Regional Administrator or Director to grant 
or deny an EFP is the final action of NMFS. If the permit, as granted, 
is significantly different from the original application, or is denied, 
NMFS may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP or the reasons for 
denial.
    (v) The Regional Administrator or Director should attach, as 
applicable, terms and conditions to the EFP, consistent with the purpose 
of the exempted fishing and as otherwise necessary for the conservation 
and management of the fishery resources and the marine environment, 
including, but not limited to:
    (A) The maximum amount of each regulated species that can be 
harvested and landed during the term of the EFP, including trip 
limitations, where appropriate.
    (B) The number, size(s), name(s), and identification number(s) of 
the vessel(s) authorized to conduct fishing activities under the EFP.
    (C) A citation of the regulations from which the vessel is exempted.
    (D) The time(s) and place(s) where exempted fishing may be 
conducted.
    (E) The type, size, and amount of gear that may be used by each 
vessel operated under the EFP.
    (F) Whether observers, a vessel monitoring system, or other 
electronic equipment must be carried on board vessels operating under 
the EFP, and any necessary conditions, such as predeployment 
notification requirements.
    (G) Data reporting requirements necessary to document the 
activities, including catches and incidental catches, and to determine 
compliance with the terms and conditions of the EFP and established time 
frames and formats for submission of the data to NMFS.
    (H) Other conditions as may be necessary to assure compliance with 
the purposes of the EFP, consistent with the objectives of the FMP and 
other applicable law.
    (I) Provisions for public release of data obtained under the EFP 
that are consistent with NOAA confidentiality of statistics procedures 
at set out in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
fishing as a condition of an EFP.
    (4) Acknowledging permit conditions. Upon receipt of an EFP, the 
permit holder must date and sign the permit, and retain the permit on 
board the vessel(s). The permit is not valid until signed by the permit 
holder. In signing the permit, the permit holder:
    (i) Agrees to abide by all terms and conditions set forth in the 
permit, and all restrictions and relevant regulations; and
    (ii) Acknowledges that the authority to conduct certain activities 
specified

[[Page 115]]

in the permit is conditional and subject to authorization and revocation 
by the Regional Administrator or Director.
    (5) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is valid for no longer than 1 year. EFPs 
may be renewed following the application procedures in this section.
    (6) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (7) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer. Any fish, or 
parts thereof, retained pursuant to an EFP issued under this paragraph 
must be accompanied, during any ex-vessel activities, by a copy of the 
EFP.
    (8) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer.
    (9) Sanctions. Failure of a permittee to comply with the terms and 
conditions of an EFP may be grounds for revocation, suspension, or 
modification of the EFP with respect to all persons and vessels 
conducting activities under the EFP. Any action taken to revoke, 
suspend, or modify an EFP for enforcement purposes will be governed by 
15 CFR part 904, subpart D.
    (c) Reports. (1) NMFS requests that persons conducting scientific 
research activities from scientific research vessels submit a copy of 
any report or other publication created as a result of the activity, 
including the amount, composition, and disposition of their catch, to 
the appropriate Science and Research Director and Regional Administrator 
or Director.
    (2) Upon completion of the activities of the EFP, or periodically as 
required by the terms and conditions of the EFP, persons fishing under 
an EFP must submit a report of their catches and any other information 
required, to the appropriate Regional Administrator or Director, in the 
manner and within the time frame specified in the EFP, but no later than 
6 months after concluding the exempted fishing activity. Persons 
conducting EFP activities are also requested to submit a copy of any 
publication prepared as a result of the EFP activity.
    (d) Exempted educational activities--(1) General. A NMFS Regional 
Administrator or Director may authorize, for educational purposes, the 
target or incidental harvest of species managed under an FMP or fishery 
regulations that would otherwise be prohibited. The trade, barter or 
sale of fish taken under this authorization is prohibited. The decision 
of a Regional Administrator or Director to grant or deny an exempted 
educational activity authorization is the final action of NMFS. Exempted 
educational activities may not be conducted unless authorized in writing 
by a Regional Administrator or Director in accordance with the criteria 
and procedures specified in this section. Such authorization will be 
issued without charge.
    (2) Application. An applicant for an exempted educational activity 
authorization shall submit to the appropriate Regional Administrator or 
Director, at least 15 days before the desired effective date of the 
authorization, a written application that includes, but is not limited 
to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A brief statement of the purposes and goals of the exempted 
educational activity for which authorization is requested, including a 
general description of the arrangements for disposition of all species 
collected.
    (iv) Evidence that the sponsoring institution is a valid educational 
institution, such as accreditation by a recognized national or 
international accreditation body.
    (v) The scope and duration of the activity.
    (vi) For each vessel to be covered by the authorization:
    (A) A copy of the U.S. Coast Guard documentation, state license, or 
registration of the vessel, or the information contained on the 
appropriate document.
    (B) The current name, address, and telephone number of the owner and

[[Page 116]]

master, if not included on the document provided for the vessel.
    (vii) The species and amounts expected to be caught during the 
exempted educational activity, and any anticipated impacts on the 
environment, including impacts on fisheries, marine mammals, threatened 
or endangered species, and EFH.
    (viii) For each vessel covered by the authorization, the approximate 
time(s) and place(s) fishing will take place, and the type, size, and 
amount of gear to be used.
    (ix) The signature of the applicant.
    (x) The Regional Administrator or Director may request from an 
applicant additional information necessary to make the determinations 
required under this section. An incomplete application will not be 
considered until corrected in writing.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a determination 
whether the application contains all of the required information, is 
consistent with the goals, objectives, and requirements of the FMP or 
regulations and other applicable law, and constitutes a valid exempted 
educational activity. The applicant will be notified in writing of the 
decision within 5 working days of receipt of the application.
    (ii) The Regional Administrator or Director should attach, as 
applicable, terms and conditions to the authorization, consistent with 
the purpose of the exempted educational activity and as otherwise 
necessary for the conservation and management of the fishery resources 
and the marine environment, including, but not limited to:
    (A) The maximum amount of each regulated species that may be 
harvested.
    (B) A citation of the regulations from which the vessel is being 
exempted.
    (C) The time(s) and place(s) where the exempted educational activity 
may be conducted.
    (D) The type, size, and amount of gear that may be used by each 
vessel operated under the authorization.
    (E) Data reporting requirements necessary to document the activities 
and to determine compliance with the terms and conditions of the 
exempted educational activity.
    (F) Such other conditions as may be necessary to assure compliance 
with the purposes of the authorization, consistent with the objectives 
of the FMP or regulations.
    (G) Provisions for public release of data obtained under the 
authorization, consistent with NOAA confidentiality of statistics 
procedures in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
educational activities as a condition of the authorization.
    (iii) The authorization will specify the scope of the authorized 
activity and will include, at a minimum, the duration, vessel(s), 
persons, species, and gear involved in the activity, as well as any 
additional terms and conditions specified under paragraph (d)(3)(ii) of 
this section.
    (4) Duration. Unless otherwise specified, authorization for an 
exempted educational activity is effective for no longer than 1 year, 
unless revoked, suspended, or modified. Authorizations may be renewed 
following the application procedures in this section.
    (5) Alteration. Any authorization that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. Authorizations issued under this paragraph (d) are not 
transferable or assignable.
    (7) Inspection. Any authorization issued under this paragraph (d) 
must be carried on board the vessel(s) for which it was issued, or be in 
the possession of at least one of the persons identified in the 
authorization, who must be present while the exempted educational 
activity is being conducted. The authorization must be presented for 
inspection upon request of any authorized officer. Activities that meet 
the definition of ``fishing,'' despite an educational purpose, are 
fishing. An authorization may allow covered fishing activities; however, 
fishing activities conducted outside the scope of an authorization for 
exempted educational activities are illegal. Any fish, or parts thereof, 
retained pursuant to an authorization issued under this paragraph must 
be accompanied, during any ex-vessel activities, by a copy of the 
authorization.

[[Page 117]]

    (e) Observers. NMFS-sanctioned observers or biological technicians 
conducting activities within NMFS-approved sea sampling and/or observer 
protocols are exempt from the requirement to obtain an EFP. For purposes 
of this section, NMFS-sanctioned observers or biological technicians 
include NMFS employees, NMFS observers, observers who are employees of 
NMFS-contracted observer providers, and observers who are employees of 
NMFS-permitted observer providers.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 
FR 42794, Aug. 25, 2009; 80 FR 62500, Oct. 16, 2015]



Sec. 600.746  Observers.

    (a) Applicability. This section applies to any fishing vessel 
required to carry an observer as part of a mandatory observer program or 
carrying an observer as part of a voluntary observer program under the 
Magnuson-Stevens Act, MMPA (16 U.S.C. 1361 et seq.), the ATCA (16 U.S.C. 
971 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), or any other U.S. law.
    (b) Observer safety. An observer will not be deployed on, or stay 
aboard, a vessel that is inadequate for observer deployment as described 
in paragraph (c) of this section.
    (c) Vessel inadequate for observer deployment. A vessel is 
inadequate for observer deployment if it:
    (1) Does not comply with the applicable regulations regarding 
observer accommodations (see 50 CFR parts 229, 285, 300, 600, 622, 635, 
648, 660, and 679), or
    (2) Has not passed a USCG Commercial Fishing Vessel Safety 
Examination, or for vessels less than 26 ft (8 m) in length, has not 
passed an alternate safety equipment examination, as described in 
paragraph (g) of this section.
    (d) Display or show proof. A vessel that has passed a USCG 
Commercial Fishing Vessel Safety Examination must display or show proof 
of a valid USCG Commercial Fishing Vessel Safety Examination decal that 
certifies compliance with regulations found in 33 CFR Chapter 1 and 46 
CFR Chapter 1, and which was issued within the last 2 years or at a time 
interval consistent with current USCG regulations or policy.
    (1) In situations of mitigating circumstances, which may prevent a 
vessel from displaying a valid safety decal (broken window, etc.), NMFS, 
the observer, or NMFS' designated observer provider may accept the 
following associated documentation as proof of the missing safety decal 
described in paragraph (d) of this section:
    (i) A certificate of compliance issued pursuant to 46 CFR 28.710;
    (ii) A certificate of inspection pursuant to 46 U.S.C. 3311; or
    (iii) For vessels not required to obtain the documents identified in 
(d)(1)(i) and (d)(1)(ii) of this section, a dockside examination report 
form indicating the decal number and date and place of issue.
    (e) Visual inspection. Upon request by an observer, a NMFS employee, 
or a designated observer provider, a vessel owner or operator must 
provide correct information concerning any item relating to any safety 
or accommodation requirement prescribed by law or regulation, in a 
manner and according to a timeframe as directed by NMFS. A vessel owner 
or operator must also allow an observer, a NMFS employee, or a 
designated observer provider to visually examine any such item.
    (f) Vessel safety check. Prior to the initial deployment, the vessel 
owner or operator or the owner or operator's designee must accompany the 
observer in a walk through the vessel's major spaces to ensure that no 
obviously hazardous conditions exist. This action may be a part of the 
vessel safety orientation to be provided by the vessel to the observer 
as required by 46 CFR 28.270. The vessel owner or operator or the owner 
or operator's designee must also accompany the observer in checking the 
following major items as required by applicable USCG regulations:
    (1) Personal flotation devices/ immersion suits;
    (2) Ring buoys;
    (3) Distress signals;
    (4) Fire extinguishing equipment;
    (5) Emergency position indicating radio beacon (EPIRB), when 
required, shall be registered to the vessel at its documented homeport;

[[Page 118]]

    (6) Survival craft, when required, with sufficient capacity to 
accommodate the total number of persons, including the observer(s), that 
will embark on the voyage; and
    (7) Other fishery-area and vessel specific items required by the 
USCG.
    (g) Alternate safety equipment examination. If a vessel is under 26 
ft (8 m) in length, and in a remote location, and NMFS has determined 
that the USCG cannot provide a USCG Commercial Fishing Vessel Safety 
Examination due to unavailability of inspectors or to unavailability of 
transportation to or from an inspection station, the vessel will be 
adequate for observer deployment if it passes an alternate safety 
equipment examination conducted by a NMFS certified observer, observer 
provider, or a NMFS observer program employee, using a checklist of USCG 
safety requirements for commercial fishing vessels under 26 ft (8 m) in 
length. Passage of the alternative examination will only be effective 
for the single trip selected for observer coverage.
    (h) Duration. The vessel owner or operator is required to comply 
with the requirements of this section when the vessel owner or operator 
is notified orally or in writing by an observer, a NMFS employee, or a 
designated observer provider, that his or her vessel has been selected 
to carry an observer. The requirements of this section continue to apply 
through the time of the observer's boarding, at all times the observer 
is aboard, and at the time the observer disembarks from the vessel at 
the end of the observed trip.
    (i) Effect of inadequate status. A vessel that would otherwise be 
required to carry an observer, but is inadequate for the purposes of 
carrying an observer, as described in paragraph (c) of this section, and 
for allowing operation of normal observer functions, is prohibited from 
fishing without observer coverage.

[63 FR 27217, May 18, 1998, as amended at 67 FR 64312, Oct. 18, 2002; 72 
FR 61818, Nov. 1, 2007]



Sec. 600.747  Guidelines and procedures for determining new fisheries
and gear.

    (a) General. Section 305(a) of the Magnuson-Stevens Act requires the 
Secretary to prepare a list of all fisheries under the authority of each 
Council, or the Director in the case of Atlantic highly migratory 
species, and all gear used in such fisheries. This section contains 
guidelines in paragraph (b) for determining when fishing gear or a 
fishery is sufficiently different from those listed in Sec. 600.725(v) 
as to require notification of a Council or the Director in order to use 
the gear or participate in the unlisted fishery. This section also 
contains procedures in paragraph (c) for notification of a Council or 
the Director of potentially new fisheries or gear, and for amending the 
list of fisheries and gear.
    (b) Guidelines. The following guidance establishes the basis for 
determining when fishing gear or a fishery is sufficiently different 
from those listed to require notification of the appropriate Council or 
the Director.
    (1) The initial step in the determination of whether a fishing gear 
or fishery is sufficiently different to require notification is to 
compare the gear or fishery in question to the list of authorized 
fisheries and gear in Sec. 600.725(v) and to the existing gear 
definitions in Sec. 600.10.
    (2) If the gear in question falls within the bounds of a definition 
in Sec. 600.10 for an allowable gear type within that fishery, as 
listed under Sec. 600.725(v), then the gear is not considered 
different, is considered allowable gear, and does not require 
notification of the Council or Secretary 90 days before it can be used 
in that fishery.
    (3) If, for any reason, the gear is not consistent with a gear 
definition for a listed fishery as described in paragraph (b)(2) of this 
section, the gear is considered different and requires Council or 
Secretarial notification as described in paragraph (c) of this section 
90 days before it can be used in that fishery.
    (4) If a fishery falls within the bounds of the list of authorized 
fisheries and gear in Sec. 600.725(v) under the Council's or 
Secretary's authority, then the fishery is not considered different, is 
considered an allowable fishery and does not require notification of the 
Council or Director before that fishery can occur.
    (5) If a fishery is not already listed in the list of authorized 
fisheries and gear

[[Page 119]]

in Sec. 600.725(v), then the fishery is considered different and 
requires notification as described in paragraph (c) of this section 90 
days before it can occur.
    (c) Procedures. If a gear or fishery does not appear on the list in 
Sec. 600.725(v), or if the gear is different from that defined in Sec. 
600.10, the process for notification, and consideration by a Council or 
the Director, is as follows:
    (1) Notification. After July 26, 1999, no person or vessel may 
employ fishing gear or engage in a fishery not included on the list of 
approved gear types in Sec. 600.725(v) without notifying the 
appropriate Council or the Director at least 90 days before the intended 
use of that gear.
    (2) Notification procedures. (i) A signed return receipt for the 
notice serves as adequate evidence of the date that the notification was 
received by the appropriate Council or the Director, in the case of 
Atlantic highly migratory species, and establishes the beginning of the 
90-day notification period, unless required information in the 
notification is incomplete.
    (ii) The notification must include:
    (A) Name, address, and telephone number of the person submitting the 
notification.
    (B) Description of the gear.
    (C) The fishery or fisheries in which the gear is or will be used.
    (D) A diagram and/or photograph of the gear, as well as any 
specifications and dimensions necessary to define the gear.
    (E) The season(s) in which the gear will be fished.
    (F) The area(s) in which the gear will be fished.
    (G) The anticipated bycatch species associated with the gear, 
including protected species, such as marine mammals, sea turtles, sea 
birds, or species listed as endangered or threatened under the ESA.
    (H) How the gear will be deployed and fished, including the portions 
of the marine environment where the gear will be deployed (surface, 
midwater, and bottom).
    (iii) Failure to submit complete and accurate information will 
result in a delay in beginning the 90-day notification period. The 90-
day notification period will not begin until the information received is 
determined to be accurate and complete.
    (3) Action upon receipt of notification--(i) Species other than 
Atlantic Highly Migratory Species. (A) Upon signing a return receipt of 
the notification by certified mail regarding an unlisted fishery or 
gear, a Council must immediately begin consideration of the notification 
and send a copy of the notification to the appropriate Regional 
Administrator.
    (B) If the Council finds that the use of an unlisted gear or 
participation in a new fishery would not compromise the effectiveness of 
conservation and management efforts, it shall:
    (1) Recommend to the RA that the list be amended;
    (2) Provide rationale and supporting analysis, as necessary, for 
proper consideration of the proposed amendment; and
    (3) Provide a draft proposed rule for notifying the public of the 
proposed addition, with a request for comment.
    (C) If the Council finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts, it will recommend to 
the RA that the authorized list of fisheries and gear not be amended, 
that a proposed rule not be published, give reasons for its 
recommendation of a disapproval, and may request NMFS to publish 
emergency or interim regulations, and begin preparation of an FMP or 
amendment to an FMP, if appropriate.
    (D) After considering information in the notification and Council's 
recommendation, NMFS will decide whether to publish a proposed rule. If 
information on the new gear or fishery being considered indicates it is 
likely that it will compromise conservation and management efforts under 
the Magnuson-Stevens Act, and no additional new information is likely to 
be gained from a public comment period, then a proposed rule will not be 
published and NMFS will notify the appropriate Council. In such an 
instance, NMFS will publish emergency or interim regulations to prohibit 
or restrict use of the gear or participation in the fishery. If NMFS 
determines that the proposed amendment is not

[[Page 120]]

likely to compromise conservation and management efforts under the 
Magnuson-Stevens Act, NMFS will publish a proposed rule in the Federal 
Register with a request for public comment.
    (ii) Atlantic Highly Migratory Species. (A) Upon signing a return 
receipt of the notification by certified mail regarding an unlisted 
fishery or gear for Atlantic highly migratory species (HMS), NMFS will 
immediately begin consideration of the notification.
    (B) Based on information in the notification and submitted by the 
Council, NMFS will make a determination whether the use of an unlisted 
gear or participation in an unlisted HMS fishery will compromise the 
effectiveness of conservation and management efforts under the Magnuson-
Stevens Act. If it is determined that the proposed amendment will not 
compromise conservation and management efforts, NMFS will publish a 
proposed rule.
    (C) If NMFS finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts in this initial stage 
of review, it will not publish a proposed rule and notify the applicant 
of the negative determination with the reasons therefor.
    (4) Final determination and publication of a final rule. Following 
public comment, NMFS will approve or disapprove the amendment to the 
list of gear and fisheries.
    (i) If approved, NMFS will publish a final rule in the Federal 
Register and notify the applicant and the Council, if appropriate, of 
the final approval.
    (ii) If disapproved, NMFS will withdraw the proposed rule, notify 
the applicant and the Council, if appropriate, of the disapproval; 
publish emergency or interim regulations, if necessary, to prohibit or 
restrict the use of gear or the participation in a fishery; and either 
notify the Council of the need to amend an FMP or prepare an amendment 
to an FMP in the case of Atlantic highly migratory species.

[64 FR 4043, Jan. 27, 1999]



                  Subpart I_Fishery Negotiation Panels

    Source: 62 FR 23669, May 1, 1997, unless otherwise noted.



Sec. 600.750  Definitions.

    Consensus means unanimous concurrence among the members on a Fishery 
Negotiation Panel established under this rule, unless such Panel:
    (1) Agrees to define such term to mean a general but not unanimous 
concurrence; or
    (2) agrees upon another specified definition.
    Fishery negotiation panel (FNP) means an advisory committee 
established by one or more Councils or the Secretary in accordance with 
these regulations to assist in the development of fishery conservation 
and management measures.
    Interest means, with respect to an issue or matter, multiple parties 
that have a similar point of view or that are likely to be affected in a 
similar manner.
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.

[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.751  Determination of need for a fishery negotiation panel.

    A Council or NMFS may establish an FNP to assist in the development 
of specific fishery conservation and management measures. In determining 
whether to establish an FNP, NMFS or the Council, as appropriate, shall 
consider whether:
    (a) There is a need for specific fishery conservation and management 
measures.
    (b) There are a limited number of identifiable interests that will 
be significantly affected by the conservation and management measure.
    (c) There is a reasonable likelihood that an FNP can be convened 
with a balanced representation of persons who:
    (1) Can adequately represent the interests identified under 
paragraph (b) of this section.
    (2) Are willing to negotiate in good faith to reach a consensus on a 
report regarding the issues presented.
    (d) There is a reasonable likelihood that an FNP will reach a 
consensus on a report regarding the issues presented within 1 year from 
date of establishment of the FNP.

[[Page 121]]

    (e) The use of an FNP will not unreasonably delay Council or NMFS 
fishery management plan development or rulemaking procedures.
    (f) The costs of establishment and operation of an FNP are 
reasonable when compared to fishery management plan development or 
rulemaking procedures that do not use FNP procedures.
    (g) The Council or NMFS has adequate resources and is willing to 
commit such resources, including technical assistance, to an FNP.
    (h) The use of an FNP is in the public interest.



Sec. 600.752  Use of conveners and facilitators.

    (a) Purposes of conveners. A Council or NMFS may use the services of 
a trained convener to assist the Council or NMFS in: (1) Conducting 
discussions to identify the issues of concern, and to ascertain whether 
the establishment of an FNP regarding such matter is feasible and 
appropriate.
    (2) Identifying persons who will be significantly affected by the 
issues presented in paragraph (a)(1) of this section.
    (b) Duties of conveners. The convener shall report findings under 
paragraph (a)(2) of this section and shall make recommendations to the 
Council or NMFS. Upon request of the Council or NMFS, the convener shall 
ascertain the names of persons who are willing and qualified to 
represent interests that will be significantly affected by the potential 
conservation and management measures relevant to the issues to be 
negotiated. The report and any recommendations of the convener shall be 
made available to the public upon request.
    (c) Selection of facilitator. Notwithstanding section 10(e) of the 
Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a 
person trained in facilitation either from the Federal Government or 
from outside the Federal Government to serve as an impartial, neutral 
facilitator for the negotiations of the FNP, subject to the approval of 
the FNP, by consensus. The facilitator may be the same person as the 
convener used under paragraph (a) of this section. If the FNP does not 
approve the nominee of the Council or NMFS for facilitator, the FNP 
shall submit a substitute nomination. If an FNP does not approve any 
nominee of the Council or NMFS for facilitator, the FNP shall select, by 
consensus, a person to serve as facilitator. A person designated to 
represent the Council or NMFS in substantive issues may not serve as 
facilitator or otherwise chair the FNP.
    (d) Roles and duties of facilitator. A facilitator shall:
    (1) Chair the meetings of the FNP in an impartial manner.
    (2) Impartially assist the members of the FNP in conducting 
discussions and negotiations.
    (3) Manage the keeping of minutes and records as required under 
section 10(b) and (c) of FACA.



Sec. 600.753  Notice of intent to establish a fishery negotiation
panel.

    (a) Publication of notice. If, after considering the report of a 
convener or conducting its own assessment, a Council or NMFS decides to 
establish an FNP, NMFS shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a document that 
shall include:
    (1) An announcement that the Council or NMFS intends to establish an 
FNP to negotiate and develop a report concerning specific conservation 
and management measures.
    (2) A description of the subject and scope of the conservation and 
management measure, and the issues to be considered.
    (3) A list of the interests that are likely to be significantly 
affected by the conservation and management measure.
    (4) A list of the persons proposed to represent such interests and 
the person or persons proposed to represent the Council or NMFS.
    (5) A proposed agenda and schedule for completing the work of the 
FNP.
    (6) A description of administrative support for the FNP to be 
provided by the Council or NMFS, including technical assistance.
    (7) A solicitation for comments on the proposal to establish the 
FNP, and the proposed membership of the FNP.
    (8) An explanation of how a person may apply or nominate another 
person

[[Page 122]]

for membership on the FNP, as provided under paragraph (b) of this 
section.
    (b) Nomination of members and public comment. Persons who may be 
significantly affected by the development of conservation and management 
measure and who believe that their interests will not be adequately 
represented by any person specified in a document under paragraph (a)(4) 
of this section may apply for, or nominate another person for, 
membership on the FNP to represent such interests. Each application or 
nomination shall include:
    (1) The name of the applicant or nominee and a description of the 
interests such person shall represent.
    (2) Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the person proposes to 
represent.
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the 
conservation and management measure under consideration.
    (4) The reasons that the persons specified in the document under 
paragraph (a)(4) of this section do not adequately represent the 
interests of the person submitting the application or nomination.
    (c) Public comment. The Council or NMFS shall provide at least 30 
calendar days for the submission of comments and applications under this 
section.



Sec. 600.754  Decision to establish a fishery negotiation panel.

    (a) Determination to establish an FNP. If, after considering 
comments and applications submitted under Sec. 600.753, the Council or 
NMFS determines that an FNP can adequately represent the interests that 
will be significantly affected and that it is feasible and appropriate 
in the particular case, the Council or NMFS may establish an FNP.
    (b) Determination not to establish FNP. If, after considering such 
comments and applications, the Council or NMFS decides not to establish 
an FNP, the Council or NMFS shall promptly publish notification of such 
decision and the reasons therefor in the Federal Register and, as 
appropriate, in trade or other specialized publications, a copy of which 
shall be sent to any person who applied for, or nominated another person 
for membership on the FNP to represent such interests with respect to 
the issues of concern.



Sec. 600.755  Establishment of a fishery negotiation panel.

    (a) General authority. (1) A Council may establish an FNP to assist 
in the development of specific conservation and management measures for 
a fishery under its authority.
    (2) NMFS may establish an FNP to assist in the development of 
specific conservation and management measures required for:
    (i) A fishery for which the Secretary has authority under section 
304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of 
overfished fisheries;
    (ii) A fishery for which the Secretary has authority under 16 U.S.C. 
section 304(g), regarding highly migratory species; or
    (iii) Any fishery with the approval of the appropriate Council.
    (b) Federal Advisory Committee Act (FACA) In establishing and 
administering such an FNP, the Council or NMFS shall comply with the 
FACA with respect to such FNP.
    (c) Balance. Each potentially affected organization or individual 
does not necessarily have to have its own representative, but each 
interest must be adequately represented. The intent is to have a group 
that as a whole reflects a proper balance and mix of interests. 
Representatives must agree, in writing, to negotiate in good faith.
    (d) Membership. The Council or NMFS shall limit membership on an FNP 
to no more than 25 members, unless the Council or NMFS determines that a 
greater number of members is necessary for the functioning of the FNP or 
to achieve balanced membership. Each FNP shall include at least one 
person representing the Council in addition to at least one person 
representing NMFS.



Sec. 600.756  Conduct and operation of a fishery negotiation panel.

    (a) Roles and duties of an FNP. Each FNP shall consider the issue 
proposed

[[Page 123]]

by the Council or NMFS for consideration and shall attempt to reach a 
consensus concerning a report to assist in the development of a 
conservation and management measure with respect to such matter and any 
other matter the FNP determines is relevant to the development of a 
conservation and management measure. An FNP may adopt procedures for the 
operation of the FNP.
    (b) Roles and duties of representative of the council or NMFS. The 
person or persons representing the Council or NMFS on an FNP shall 
participate in the deliberations and activities of the FNP with the same 
rights and responsibilities as other members of the FNP, and shall be 
authorized to fully represent the Council or NMFS in the discussions and 
negotiations of the FNP.



Sec. 600.757  Operational protocols.

    (a) Services of conveners and facilitators. A Council or NMFS may 
employ or enter into contracts for the services of an individual or 
organization to serve as a convener or facilitator for an FNP 
established under Sec. 600.755, or may use the services of a government 
employee to act as a convener or a facilitator for such an FNP.
    (b) Councils. For an FNP proposed and established by one or more 
Councils approved expenses shall be paid out of the Council's operating 
budget.
    (c) Expenses of FNP members. Members of an FNP shall be responsible 
for their own expenses of participation in such an FNP, except that NMFS 
or the Council may, in accordance with section 7(d) of FACA, pay for a 
member's reasonable travel and per diem expenses, and a reasonable rate 
of compensation, if:
    (1) Such member certifies a lack of adequate financial resources to 
participate in the FNP.
    (2) The Council or NMFS determines that such member's participation 
in the FNP is necessary to assure an adequate representation of the 
member's interest.
    (d) Administrative support. The Council or NMFS shall provide 
appropriate administrative support to an FNP including technical 
assistance.



Sec. 600.758  Preparation of report.

    (a) At the conclusion of the negotiations, an FNP may submit a 
report. Such report shall specify:
    (1) All the areas where consensus was reached by the FNP, including, 
if appropriate, proposed conservation and management measures.
    (2) Any other information submitted by members of the FNP.
    (b) Upon receipt of the report, the Council or NMFS shall publish 
such report in the Federal Register for public comment.



Sec. 600.759  Use of report.

    A Council or NMFS may, at its discretion, use all or a part of a 
report prepared in accordance with Sec. 600.758 in the development of 
conservation and management measures. Neither a Council nor NMFS, 
whichever is appropriate, is required to use such report.



Sec. 600.760  Fishery Negotiation Panel lifetime.

    (a) An FNP shall terminate upon either:
    (1) Submission of a report prepared in accordance with Sec. 
600.758; or
    (2) Submission of a written statement from the FNP to the Council or 
NMFS that no consensus can be reached.
    (b) In no event shall an FNP exist for longer than 1 year from the 
date of establishment unless granted an extension. Upon written request 
by the FNP to the Council or NMFS, and written authorization from the 
Council or NMFS (whichever is appropriate), the Secretary may authorize 
an extension for a period not to exceed 6 months. No more than one 
extension may be granted per FNP.



                 Subpart J_Essential Fish Habitat (EFH)

    Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted.



Sec. 600.805  Purpose and scope.

    (a) Purpose. This subpart provides guidelines for Councils and the 
Secretary to use in adding the required

[[Page 124]]

EFH provisions to an FMP, i.e., description and identification of EFH, 
adverse effects on EFH (including minimizing, to the extent practicable, 
adverse effects from fishing), and actions to conserve and enhance EFH.
    (b) Scope--(1) Species covered. An EFH provision in an FMP must 
include all fish species in the fishery management unit (FMU). An FMP 
may describe, identify, and protect the habitat of species not in an 
FMU; however, such habitat may not be considered EFH for the purposes of 
sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act.
    (2) Geographic. EFH may be described and identified in waters of the 
United States, as defined in 33 CFR 328.3, and in the exclusive economic 
zone, as defined in Sec. 600.10. Councils may describe, identify, and 
protect habitats of managed species beyond the exclusive economic zone; 
however, such habitat may not be considered EFH for the purposes of 
sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities 
that may adversely affect such habitat can be addressed through any 
process conducted in accordance with international agreements between 
the United States and the foreign nation(s) undertaking or authorizing 
the action.



Sec. 600.810  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another and with the chemical and physical factors making up their 
environment.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(8).
    Healthy ecosystem means an ecosystem where ecological productive 
capacity is maintained, diversity of the flora and fauna is preserved, 
and the ecosystem retains the ability to regulate itself. Such an 
ecosystem should be similar to comparable, undisturbed ecosystems with 
regard to standing crop, productivity, nutrient dynamics, trophic 
structure, species richness, stability, resilience, contamination 
levels, and the frequency of diseased organisms.
    Overfished means any stock or stock complex, the status of which is 
reported as overfished by the Secretary pursuant to section 304(e)(1) of 
the Magnuson-Stevens Act.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'' are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.815  Contents of Fishery Management Plans.

    (a) Mandatory contents--(1) Description and identification of EFH--
(i) Overview. FMPs must describe and identify EFH in text that clearly 
states the habitats or habitat types determined to be EFH for each life 
stage of the managed species. FMPs should explain the physical, 
biological, and chemical characteristics of EFH and, if known, how these 
characteristics influence the use of EFH by the species/life stage. FMPs 
must identify the specific geographic location or extent of habitats 
described as EFH. FMPs must include maps of the geographic locations of 
EFH or the geographic boundaries within which EFH for each species and 
life stage is found.
    (ii) Habitat information by life stage. (A) Councils need basic 
information to understand the usage of various habitats by each managed 
species. Pertinent information includes the geographic range and habitat 
requirements by life stage, the distribution and characteristics of 
those habitats, and current and historic stock size as

[[Page 125]]

it affects occurrence in available habitats. FMPs should summarize the 
life history information necessary to understand each species' 
relationship to, or dependence on, its various habitats, using text, 
tables, and figures, as appropriate. FMPs should document patterns of 
temporal and spatial variation in the distribution of each major life 
stage (defined by developmental and functional shifts) to aid in 
understanding habitat needs. FMPs should summarize (e.g., in tables) all 
available information on environmental and habitat variables that 
control or limit distribution, abundance, reproduction, growth, 
survival, and productivity of the managed species. The information 
should be supported with citations.
    (B) Councils should obtain information to describe and identify EFH 
from the best available sources, including peer-reviewed literature, 
unpublished scientific reports, data files of government resource 
agencies, fisheries landing reports, and other sources of information. 
Councils should consider different types of information according to its 
scientific rigor. FMPs should identify species-specific habitat data 
gaps and deficits in data quality (including considerations of scale and 
resolution; relevance; and potential biases in collection and 
interpretation). FMPs must demonstrate that the best scientific 
information available was used in the description and identification of 
EFH, consistent with national standard 2.
    (iii) Analysis of habitat information. (A) The following approach 
should be used to organize the information necessary to describe and 
identify EFH.
    (1) Level 1: Distribution data are available for some or all 
portions of the geographic range of the species. At this level, only 
distribution data are available to describe the geographic range of a 
species (or life stage). Distribution data may be derived from 
systematic presence/absence sampling and/or may include information on 
species and life stages collected opportunistically. In the event that 
distribution data are available only for portions of the geographic area 
occupied by a particular life stage of a species, habitat use can be 
inferred on the basis of distributions among habitats where the species 
has been found and on information about its habitat requirements and 
behavior. Habitat use may also be inferred, if appropriate, based on 
information on a similar species or another life stage.
    (2) Level 2: Habitat-related densities of the species are available. 
At this level, quantitative data (i.e., density or relative abundance) 
are available for the habitats occupied by a species or life stage. 
Because the efficiency of sampling methods is often affected by habitat 
characteristics, strict quality assurance criteria should be used to 
ensure that density estimates are comparable among methods and habitats. 
Density data should reflect habitat utilization, and the degree that a 
habitat is utilized is assumed to be indicative of habitat value. When 
assessing habitat value on the basis of fish densities in this manner, 
temporal changes in habitat availability and utilization should be 
considered.
    (3) Level 3: Growth, reproduction, or survival rates within habitats 
are available. At this level, data are available on habitat-related 
growth, reproduction, and/or survival by life stage. The habitats 
contributing the most to productivity should be those that support the 
highest growth, reproduction, and survival of the species (or life 
stage).
    (4) Level 4: Production rates by habitat are available. At this 
level, data are available that directly relate the production rates of a 
species or life stage to habitat type, quantity, quality, and location. 
Essential habitats are those necessary to maintain fish production 
consistent with a sustainable fishery and the managed species' 
contribution to a healthy ecosystem.
    (B) Councils should strive to describe habitat based on the highest 
level of detail (i.e., Level 4). If there is no information on a given 
species or life stage, and habitat usage cannot be inferred from other 
means, such as information on a similar species or another life stage, 
EFH should not be designated.
    (iv) EFH determination. (A) Councils should analyze available 
ecological, environmental, and fisheries information and data relevant 
to the managed species, the habitat requirements by life stage, and the 
species' distribution and habitat usage to describe and identify EFH. 
The information described in

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paragraphs (a)(1)(ii) and (iii) of this section will allow Councils to 
assess the relative value of habitats. Councils should interpret this 
information in a risk-averse fashion to ensure adequate areas are 
identified as EFH for managed species. Level 1 information, if 
available, should be used to identify the geographic range of the 
species at each life stage. If only Level 1 information is available, 
distribution data should be evaluated (e.g., using a frequency of 
occurrence or other appropriate analysis) to identify EFH as those 
habitat areas most commonly used by the species. Level 2 through 4 
information, if available, should be used to identify EFH as the 
habitats supporting the highest relative abundance; growth, 
reproduction, or survival rates; and/or production rates within the 
geographic range of a species. FMPs should explain the analyses 
conducted to distinguish EFH from all habitats potentially used by a 
species.
    (B) FMPs must describe EFH in text, including reference to the 
geographic location or extent of EFH using boundaries such as longitude 
and latitude, isotherms, isobaths, political boundaries, and major 
landmarks. If there are differences between the descriptions of EFH in 
text, maps, and tables, the textual description is ultimately 
determinative of the limits of EFH. Text and tables should explain 
pertinent physical, chemical, and biological characteristics of EFH for 
the managed species and explain any variability in habitat usage 
patterns, but the boundaries of EFH should be static.
    (C) If a species is overfished and habitat loss or degradation may 
be contributing to the species being identified as overfished, all 
habitats currently used by the species may be considered essential in 
addition to certain historic habitats that are necessary to support 
rebuilding the fishery and for which restoration is technologically and 
economically feasible. Once the fishery is no longer considered 
overfished, the EFH identification should be reviewed and amended, if 
appropriate.
    (D) Areas described as EFH will normally be greater than or equal to 
aquatic areas that have been identified as ``critical habitat'' for any 
managed species listed as threatened or endangered under the Endangered 
Species Act.
    (E) Ecological relationships among species and between the species 
and their habitat require, where possible, that an ecosystem approach be 
used in determining the EFH of a managed species. EFH must be designated 
for each managed species, but, where appropriate, may be designated for 
assemblages of species or life stages that have similar habitat needs 
and requirements. If grouping species or using species assemblages for 
the purpose of designating EFH, FMPs must include a justification and 
scientific rationale. The extent of the EFH should be based on the 
judgment of the Secretary and the appropriate Council(s) regarding the 
quantity and quality of habitat that are necessary to maintain a 
sustainable fishery and the managed species' contribution to a healthy 
ecosystem.
    (F) If degraded or inaccessible aquatic habitat has contributed to 
reduced yields of a species or assemblage and if, in the judgment of the 
Secretary and the appropriate Council(s), the degraded conditions can be 
reversed through such actions as improved fish passage techniques (for 
stream or river blockages), improved water quality measures (removal of 
contaminants or increasing flows), and similar measures that are 
technologically and economically feasible, EFH should include those 
habitats that would be necessary to the species to obtain increased 
yields.
    (v) EFH mapping requirements. (A) FMPs must include maps that 
display, within the constraints of available information, the geographic 
locations of EFH or the geographic boundaries within which EFH for each 
species and life stage is found. Maps should identify the different 
types of habitat designated as EFH to the extent possible. Maps should 
explicitly distinguish EFH from non-EFH areas. Councils should confer 
with NMFS regarding mapping standards to ensure that maps from different 
Councils can be combined and shared efficiently and effectively. 
Ultimately, data used for mapping should be incorporated into a 
geographic information system (GIS) to facilitate analysis and 
presentation.

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    (B) Where the present distribution or stock size of a species or 
life stage is different from the historical distribution or stock size, 
then maps of historical habitat boundaries should be included in the 
FMP, if known.
    (C) FMPs should include maps of any habitat areas of particular 
concern identified under paragraph (a)(8) of this section.
    (2) Fishing activities that may adversely affect EFH--(i) 
Evaluation. Each FMP must contain an evaluation of the potential adverse 
effects of fishing on EFH designated under the FMP, including effects of 
each fishing activity regulated under the FMP or other Federal FMPs. 
This evaluation should consider the effects of each fishing activity on 
each type of habitat found within EFH. FMPs must describe each fishing 
activity, review and discuss all available relevant information (such as 
information regarding the intensity, extent, and frequency of any 
adverse effect on EFH; the type of habitat within EFH that may be 
affected adversely; and the habitat functions that may be disturbed), 
and provide conclusions regarding whether and how each fishing activity 
adversely affects EFH. The evaluation should also consider the 
cumulative effects of multiple fishing activities on EFH. The evaluation 
should list any past management actions that minimize potential adverse 
effects on EFH and describe the benefits of those actions to EFH. The 
evaluation should give special attention to adverse effects on habitat 
areas of particular concern and should identify for possible designation 
as habitat areas of particular concern any EFH that is particularly 
vulnerable to fishing activities. Additionally, the evaluation should 
consider the establishment of research closure areas or other measures 
to evaluate the impacts of fishing activities on EFH. In completing this 
evaluation, Councils should use the best scientific information 
available, as well as other appropriate information sources. Councils 
should consider different types of information according to its 
scientific rigor.
    (ii) Minimizing adverse effects. Each FMP must minimize to the 
extent practicable adverse effects from fishing on EFH, including EFH 
designated under other Federal FMPs. Councils must act to prevent, 
mitigate, or minimize any adverse effects from fishing, to the extent 
practicable, if there is evidence that a fishing activity adversely 
affects EFH in a manner that is more than minimal and not temporary in 
nature, based on the evaluation conducted pursuant to paragraph 
(a)(2)(i) of this section and/or the cumulative impacts analysis 
conducted pursuant to paragraph (a)(5) of this section. In such cases, 
FMPs should identify a range of potential new actions that could be 
taken to address adverse effects on EFH, include an analysis of the 
practicability of potential new actions, and adopt any new measures that 
are necessary and practicable. Amendments to the FMP or to its 
implementing regulations must ensure that the FMP continues to minimize 
to the extent practicable adverse effects on EFH caused by fishing. FMPs 
must explain the reasons for the Council's conclusions regarding the 
past and/or new actions that minimize to the extent practicable the 
adverse effects of fishing on EFH.
    (iii) Practicability. In determining whether it is practicable to 
minimize an adverse effect from fishing, Councils should consider the 
nature and extent of the adverse effect on EFH and the long and short-
term costs and benefits of potential management measures to EFH, 
associated fisheries, and the nation, consistent with national standard 
7. In determining whether management measures are practicable, Councils 
are not required to perform a formal cost/benefit analysis.
    (iv) Options for managing adverse effects from fishing. Fishery 
management options may include, but are not limited to:
    (A) Fishing equipment restrictions. These options may include, but 
are not limited to: seasonal and areal restrictions on the use of 
specified equipment, equipment modifications to allow escapement of 
particular species or particular life stages (e.g., juveniles), 
prohibitions on the use of explosives and chemicals, prohibitions on 
anchoring or setting equipment in sensitive areas, and prohibitions on 
fishing activities that cause significant damage to EFH.

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    (B) Time/area closures. These actions may include, but are not 
limited to: closing areas to all fishing or specific equipment types 
during spawning, migration, foraging, and nursery activities and 
designating zones for use as marine protected areas to limit adverse 
effects of fishing practices on certain vulnerable or rare areas/
species/life stages, such as those areas designated as habitat areas of 
particular concern.
    (C) Harvest limits. These actions may include, but are not limited 
to, limits on the take of species that provide structural habitat for 
other species assemblages or communities and limits on the take of prey 
species.
    (3) Non-Magnuson-Stevens Act fishing activities that may adversely 
affect EFH. FMPs must identify any fishing activities that are not 
managed under the Magnuson-Stevens Act that may adversely affect EFH. 
Such activities may include fishing managed by state agencies or other 
authorities.
    (4) Non-fishing related activities that may adversely affect EFH. 
FMPs must identify activities other than fishing that may adversely 
affect EFH. Broad categories of such activities include, but are not 
limited to: dredging, filling, excavation, mining, impoundment, 
discharge, water diversions, thermal additions, actions that contribute 
to non-point source pollution and sedimentation, introduction of 
potentially hazardous materials, introduction of exotic species, and the 
conversion of aquatic habitat that may eliminate, diminish, or disrupt 
the functions of EFH. For each activity, the FMP should describe known 
and potential adverse effects to EFH.
    (5) Cumulative impacts analysis. Cumulative impacts are impacts on 
the environment that result from the incremental impact of an action 
when added to other past, present, and reasonably foreseeable future 
actions, regardless of who undertakes such actions. Cumulative impacts 
can result from individually minor, but collectively significant actions 
taking place over a period of time. To the extent feasible and 
practicable, FMPs should analyze how the cumulative impacts of fishing 
and non-fishing activities influence the function of EFH on an ecosystem 
or watershed scale. An assessment of the cumulative and synergistic 
effects of multiple threats, including the effects of natural stresses 
(such as storm damage or climate-based environmental shifts) and an 
assessment of the ecological risks resulting from the impact of those 
threats on EFH, also should be included.
    (6) Conservation and enhancement. FMPs must identify actions to 
encourage the conservation and enhancement of EFH, including recommended 
options to avoid, minimize, or compensate for the adverse effects 
identified pursuant to paragraphs (a)(3) through (5) of this section, 
especially in habitat areas of particular concern.
    (7) Prey species. Loss of prey may be an adverse effect on EFH and 
managed species because the presence of prey makes waters and substrate 
function as feeding habitat, and the definition of EFH includes waters 
and substrate necessary to fish for feeding. Therefore, actions that 
reduce the availability of a major prey species, either through direct 
harm or capture, or through adverse impacts to the prey species' habitat 
that are known to cause a reduction in the population of the prey 
species, may be considered adverse effects on EFH if such actions reduce 
the quality of EFH. FMPs should list the major prey species for the 
species in the fishery management unit and discuss the location of prey 
species' habitat. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (8) Identification of habitat areas of particular concern. FMPs 
should identify specific types or areas of habitat within EFH as habitat 
areas of particular concern based on one or more of the following 
considerations:
    (i) The importance of the ecological function provided by the 
habitat.
    (ii) The extent to which the habitat is sensitive to human-induced 
environmental degradation.
    (iii) Whether, and to what extent, development activities are, or 
will be, stressing the habitat type.
    (iv) The rarity of the habitat type.
    (9) Research and information needs. Each FMP should contain 
recommendations, preferably in priority order, for research efforts that 
the

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Councils and NMFS view as necessary to improve upon the description and 
identification of EFH, the identification of threats to EFH from fishing 
and other activities, and the development of conservation and 
enhancement measures for EFH.
    (10) Review and revision of EFH components of FMPs. Councils and 
NMFS should periodically review the EFH provisions of FMPs and revise or 
amend EFH provisions as warranted based on available information. FMPs 
should outline the procedures the Council will follow to review and 
update EFH information. The review of information should include, but 
not be limited to, evaluating published scientific literature and 
unpublished scientific reports; soliciting information from interested 
parties; and searching for previously unavailable or inaccessible data. 
Councils should report on their review of EFH information as part of the 
annual Stock Assessment and Fishery Evaluation (SAFE) report prepared 
pursuant to Sec. 600.315(e). A complete review of all EFH information 
should be conducted as recommended by the Secretary, but at least once 
every 5 years.
    (b) Development of EFH recommendations for Councils. After reviewing 
the best available scientific information, as well as other appropriate 
information, and in consultation with the Councils, participants in the 
fishery, interstate commissions, Federal agencies, state agencies, and 
other interested parties, NMFS will develop written recommendations to 
assist each Council in the identification of EFH, adverse impacts to 
EFH, and actions that should be considered to ensure the conservation 
and enhancement of EFH for each FMP. NMFS will provide such 
recommendations for the initial incorporation of EFH information into an 
FMP and for any subsequent modification of the EFH components of an FMP. 
The NMFS EFH recommendations may be provided either before the Council's 
development of a draft EFH document or later as a review of a draft EFH 
document developed by a Council, as appropriate.
    (c) Relationship to other fishery management authorities. Councils 
are encouraged to coordinate with state and interstate fishery 
management agencies where Federal fisheries affect state and interstate 
managed fisheries or where state or interstate fishery regulations 
affect the management of Federal fisheries. Where a state or interstate 
fishing activity adversely affects EFH, NMFS will consider that action 
to be an adverse effect on EFH pursuant to paragraph (a)(3) of this 
section and will provide EFH Conservation Recommendations to the 
appropriate state or interstate fishery management agency on that 
activity.



      Subpart K_EFH Coordination, Consultation, and Recommendations

    Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted.



Sec. 600.905  Purpose, scope, and NMFS/Council cooperation.

    (a) Purpose. These procedures address the coordination, 
consultation, and recommendation requirements of sections 305(b)(1)(D) 
and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these 
procedures is to promote the protection of EFH in the review of Federal 
and state actions that may adversely affect EFH.
    (b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires 
the Secretary to coordinate with, and provide information to, other 
Federal agencies regarding the conservation and enhancement of EFH. 
Section 305(b)(2) requires all Federal agencies to consult with the 
Secretary on all actions or proposed actions authorized, funded, or 
undertaken by the agency that may adversely affect EFH. Sections 
305(b)(3) and (4) direct the Secretary and the Councils to provide 
comments and EFH Conservation Recommendations to Federal or state 
agencies on actions that affect EFH. Such recommendations may include 
measures to avoid, minimize, mitigate, or otherwise offset adverse 
effects on EFH resulting from actions or proposed actions authorized, 
funded, or undertaken by that agency. Section 305(b)(4)(B) requires 
Federal agencies

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to respond in writing to such comments. The following procedures for 
coordination, consultation, and recommendations allow all parties 
involved to understand and implement the requirements of the Magnuson-
Stevens Act.
    (c) Cooperation between Councils and NMFS. The Councils and NMFS 
should cooperate closely to identify actions that may adversely affect 
EFH, to develop comments and EFH Conservation Recommendations to Federal 
and state agencies, and to provide EFH information to Federal and state 
agencies. NMFS will work with each Council to share information and to 
coordinate Council and NMFS comments and recommendations on actions that 
may adversely affect EFH. However, NMFS and the Councils also have the 
authority to act independently.



Sec. 600.910  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Anadromous fishery resource under Council authority means an 
anadromous species managed under an FMP.
    Federal action means any action authorized, funded, or undertaken, 
or proposed to be authorized, funded, or undertaken by a Federal agency.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(8).
    State action means any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken by a state agency.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'' are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.915  Coordination for the conservation and enhancement 
of EFH.

    To further the conservation and enhancement of EFH in accordance 
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile 
and make available to other Federal and state agencies, and the general 
public, information on the locations of EFH, including maps and/or 
narrative descriptions. NMFS will also provide information on ways to 
improve ongoing Federal operations to promote the conservation and 
enhancement of EFH. Federal and state agencies empowered to authorize, 
fund, or undertake actions that may adversely affect EFH are encouraged 
to contact NMFS and the Councils to become familiar with areas 
designated as EFH, potential threats to EFH, and opportunities to 
promote the conservation and enhancement of EFH.



Sec. 600.920  Federal agency consultation with the Secretary.

    (a) Consultation generally--(1) Actions requiring consultation. 
Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal 
agencies must consult with NMFS regarding any of their actions 
authorized, funded, or undertaken, or proposed to be authorized, funded, 
or undertaken that may adversely affect EFH. EFH consultation is not 
required for actions that were completed prior to the approval of EFH 
designations by the Secretary, e.g., issued permits. Consultation is 
required for renewals, reviews, or substantial revisions of actions if 
the renewal, review, or revision may adversely affect EFH. Consultation 
on Federal programs delegated to non-Federal entities is required at the 
time of delegation, review, and renewal of the delegation. EFH 
consultation is required for any Federal funding of actions that may 
adversely affect EFH. NMFS and Federal agencies responsible for funding 
actions that may adversely affect EFH should consult on a programmatic 
level under paragraph (j)

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of this section, if appropriate, with respect to these actions. 
Consultation is required for emergency Federal actions that may 
adversely affect EFH, such as hazardous material clean-up, response to 
natural disasters, or actions to protect public safety. Federal agencies 
should contact NMFS early in emergency response planning, but may 
consult after-the-fact if consultation on an expedited basis is not 
practicable before taking the action.
    (2) Approaches for conducting consultation. Federal agencies may use 
one of the five approaches described in paragraphs (f) through (j) of 
this section to fulfill the EFH consultation requirements. The selection 
of a particular approach for handling EFH consultation depends on the 
nature and scope of the actions that may adversely affect EFH. Federal 
agencies should use the most efficient approach for EFH consultation 
that is appropriate for a given action or actions. The five approaches 
are: use of existing environmental review procedures, General 
Concurrence, abbreviated consultation, expanded consultation, and 
programmatic consultation.
    (3) Early notification and coordination. The Federal agency should 
notify NMFS in writing as early as practicable regarding actions that 
may adversely affect EFH. Notification will facilitate discussion of 
measures to conserve EFH. Such early coordination should occur during 
pre-application planning for projects subject to a Federal permit or 
license and during preliminary planning for projects to be funded or 
undertaken directly by a Federal agency.
    (b) Designation of lead agency. If more than one Federal agency is 
responsible for a Federal action, the consultation requirements of 
sections 305(b)(2) through (4) of the Magnuson-Stevens Act may be 
fulfilled through a lead agency. The lead agency should notify NMFS in 
writing that it is representing one or more additional agencies. 
Alternatively, if one Federal agency has completed an EFH consultation 
for an action and another Federal agency acts separately to authorize, 
fund, or undertake the same activity (such as issuing a permit for an 
activity that was funded via a separate Federal action), the completed 
EFH consultation may suffice for both Federal actions if it adequately 
addresses the adverse effects of the actions on EFH. Federal agencies 
may need to consult with NMFS separately if, for example, only one of 
the agencies has the authority to implement measures necessary to 
minimize adverse effects on EFH and that agency does not act as the lead 
agency.
    (c) Designation of non-Federal representative. A Federal agency may 
designate a non-Federal representative to conduct an EFH consultation by 
giving written notice of such designation to NMFS. If a non-Federal 
representative is used, the Federal action agency remains ultimately 
responsible for compliance with sections 305(b)(2) and 305(b)(4)(B) of 
the Magnuson-Stevens Act.
    (d) Best available information. The Federal agency and NMFS must use 
the best scientific information available regarding the effects of the 
action on EFH and the measures that can be taken to avoid, minimize, or 
offset such effects. Other appropriate sources of information may also 
be considered.
    (e) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. For 
actions covered by a General Concurrence under paragraph (g) of this 
section, an EFH Assessment should be completed during the development of 
the General Concurrence and is not required for the individual actions. 
For actions addressed by a programmatic consultation under paragraph (j) 
of this section, an EFH Assessment should be completed during the 
programmatic consultation and is not required for individual actions 
implemented under the program, except in those instances identified by 
NMFS in the programmatic consultation as requiring separate EFH 
consultation. Federal agencies are not required to provide NMFS with 
assessments regarding actions that they have determined would not 
adversely affect EFH. Federal agencies may incorporate an EFH Assessment 
into documents prepared for other purposes such as Endangered Species 
Act (ESA) Biological

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Assessments pursuant to 50 CFR part 402 or National Environmental Policy 
Act (NEPA) documents and public notices pursuant to 40 CFR part 1500. If 
an EFH Assessment is contained in another document, it must include all 
of the information required in paragraph (e)(3) of this section and be 
clearly identified as an EFH Assessment. The procedure for combining an 
EFH consultation with other environmental reviews is set forth in 
paragraph (f) of this section.
    (2) Level of detail. The level of detail in an EFH Assessment should 
be commensurate with the complexity and magnitude of the potential 
adverse effects of the action. For example, for relatively simple 
actions involving minor adverse effects on EFH, the assessment may be 
very brief. Actions that may pose a more serious threat to EFH warrant a 
correspondingly more detailed EFH Assessment.
    (3) Mandatory contents. The assessment must contain:
    (i) A description of the action.
    (ii) An analysis of the potential adverse effects of the action on 
EFH and the managed species.
    (iii) The Federal agency's conclusions regarding the effects of the 
action on EFH.
    (iv) Proposed mitigation, if applicable.
    (4) Additional information. If appropriate, the assessment should 
also include:
    (i) The results of an on-site inspection to evaluate the habitat and 
the site-specific effects of the project.
    (ii) The views of recognized experts on the habitat or species that 
may be affected.
    (iii) A review of pertinent literature and related information.
    (iv) An analysis of alternatives to the action. Such analysis should 
include alternatives that could avoid or minimize adverse effects on 
EFH.
    (v) Other relevant information.
    (5) Incorporation by reference. The assessment may incorporate by 
reference a completed EFH Assessment prepared for a similar action, 
supplemented with any relevant new project specific information, 
provided the proposed action involves similar impacts to EFH in the same 
geographic area or a similar ecological setting. It may also incorporate 
by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with the EFH Assessment.
    (f) Use of existing environmental review procedures--(1) Purpose and 
criteria. Consultation and commenting under sections 305(b)(2) and 
305(b)(4) of the Magnuson-Stevens Act should be consolidated, where 
appropriate, with interagency consultation, coordination, and 
environmental review procedures required by other statutes, such as 
NEPA, the Fish and Wildlife Coordination Act, Clean Water Act, ESA, and 
Federal Power Act. The requirements of sections 305(b)(2) and 305(b)(4) 
of the Magnuson-Stevens Act, including consultations that would be 
considered to be abbreviated or expanded consultations under paragraphs 
(h) and (i) of this section, can be combined with existing procedures 
required by other statutes if such processes meet, or are modified to 
meet, the following criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH. The Federal agency should 
notify NMFS according to the same timeframes for notification (or for 
public comment) as in the existing process. Whenever possible, NMFS 
should have at least 60 days notice prior to a final decision on an 
action, or at least 90 days if the action would result in substantial 
adverse impacts. NMFS and the action agency may agree to use shorter 
timeframes provided that they allow sufficient time for NMFS to develop 
EFH Conservation Recommendations.
    (ii) Notification must include an assessment of the impacts of the 
action on EFH that meets the requirements for EFH Assessments contained 
in paragraph (e) of this section. If the EFH Assessment is contained in 
another document, the Federal agency must identify that section of the 
document as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (f)(3) of 
this section that the existing process can be used to satisfy the 
requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens 
Act.

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    (2) NMFS response to Federal agency. If an existing environmental 
review process is used to fulfill the EFH consultation requirements, the 
comment deadline for that process should apply to the submittal of NMFS 
EFH Conservation Recommendations under section 305(b)(4)(A) of the 
Magnuson-Stevens Act, unless NMFS and the Federal agency agree to a 
different deadline. If NMFS EFH Conservation Recommendations are 
combined with other NMFS or NOAA comments on a Federal action, such as 
NOAA comments on a draft Environmental Impact Statement, the EFH 
Conservation Recommendations will be clearly identified as such (e.g., a 
section in the comment letter entitled ``EFH Conservation 
Recommendations'') and a Federal agency response pursuant to section 
305(b)(4)(B) of the Magnuson-Stevens Act is required for only the 
identified portion of the comments.
    (3) NMFS finding. A Federal agency with an existing environmental 
review process should contact NMFS at the appropriate level (regional 
offices for regional processes, headquarters office for national 
processes) to discuss how to combine the EFH consultation requirements 
with the existing process, with or without modifications. If, at the 
conclusion of these discussions, NMFS determines that the existing or 
modified process meets the criteria of paragraph (f)(1) of this section, 
NMFS will make a finding that the process can be used to satisfy the EFH 
consultation requirements of the Magnuson-Stevens Act. If NMFS does not 
make such a finding, or if there are no existing consultation processes 
relevant to the Federal agency's actions, the agency and NMFS should 
follow one of the approaches for consultation discussed in the following 
sections.
    (g) General Concurrence--(1) Purpose. A General Concurrence 
identifies specific types of Federal actions that may adversely affect 
EFH, but for which no further consultation is generally required because 
NMFS has determined, through an analysis of that type of action, that it 
will likely result in no more than minimal adverse effects individually 
and cumulatively. General Concurrences may be national or regional in 
scope.
    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine that the actions meet all of the 
following criteria:
    (A) The actions must be similar in nature and similar in their 
impact on EFH.
    (B) The actions must not cause greater than minimal adverse effects 
on EFH when implemented individually.
    (C) The actions must not cause greater than minimal cumulative 
adverse effects on EFH.
    (ii) Actions qualifying for General Concurrence must be tracked to 
ensure that their cumulative effects are no more than minimal. In most 
cases, tracking actions covered by a General Concurrence will be the 
responsibility of the Federal agency. However, NMFS may agree to track 
such actions. Tracking should include numbers of actions and the amount 
and type of habitat adversely affected, and should specify the baseline 
against which the actions will be tracked. The agency responsible for 
tracking such actions should make the information available to NMFS, the 
applicable Council(s), and to the public on an annual basis.
    (iii) Categories of Federal actions may also qualify for General 
Concurrence if they are modified by appropriate conditions that ensure 
the actions will meet the criteria in paragraph (g)(2)(i) of this 
section. For example, NMFS may provide General Concurrence for 
additional actions contingent upon project size limitations, seasonal 
restrictions, or other conditions.
    (iv) If a General Concurrence is proposed for actions that may 
adversely affect habitat areas of particular concern, the General 
Concurrence should be subject to a higher level of scrutiny than a 
General Concurrence not involving a habitat area of particular concern.
    (3) General Concurrence development. A Federal agency may request a 
General Concurrence for a category of its actions by providing NMFS with 
an EFH Assessment containing a description of the nature and approximate 
number of the actions, an analysis of the effects of the actions on EFH, 
including cumulative effects, and the Federal agency's conclusions 
regarding the magnitude of

[[Page 134]]

such effects. If NMFS agrees that the actions fit the criteria in 
paragraph (g)(2)(i) of this section, NMFS will provide the Federal 
agency with a written statement of General Concurrence that further 
consultation is not required. If NMFS does not agree that the actions 
fit the criteria in paragraph (g)(2)(i) of this section, NMFS will 
notify the Federal agency that a General Concurrence will not be issued 
and that another type of consultation will be required. If NMFS 
identifies specific types of Federal actions that may meet the 
requirements for a General Concurrence, NMFS may initiate and complete a 
General Concurrence.
    (4) Further consultation. NMFS may request notification for actions 
covered under a General Concurrence if NMFS concludes there are 
circumstances under which such actions could result in more than a 
minimal impact on EFH, or if it determines that there is no process in 
place to adequately assess the cumulative impacts of actions covered 
under the General Concurrence. NMFS may request further consultation for 
these actions on a case-by-case basis. Each General Concurrence should 
establish specific procedures for further consultation, if appropriate.
    (5) Notification. After completing a General Concurrence, NMFS will 
provide a copy to the appropriate Council(s) and will make the General 
Concurrence available to the public by posting the document on the 
internet or through other appropriate means.
    (6) Revisions. NMFS will periodically review and revise its General 
Concurrences, as appropriate.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to determine quickly whether, and 
to what degree, a Federal action may adversely affect EFH. Federal 
actions that may adversely affect EFH should be addressed through the 
abbreviated consultation procedures when those actions do not qualify 
for a General Concurrence, but do not have the potential to cause 
substantial adverse effects on EFH. For example, the abbreviated 
consultation procedures should be used when the adverse effect(s) of an 
action could be alleviated through minor modifications.
    (2) Notification by agency and submittal of EFH Assessment. 
Abbreviated consultation begins when NMFS receives from the Federal 
agency an EFH Assessment in accordance with paragraph (e) of this 
section and a written request for consultation.
    (3) NMFS response to Federal agency. If NMFS determines, contrary to 
the Federal agency's assessment, that an action would not adversely 
affect EFH, or if NMFS determines that no EFH Conservation 
Recommendations are needed, NMFS will notify the Federal agency either 
informally or in writing of its determination. If NMFS believes that the 
action may result in substantial adverse effects on EFH, or that 
additional analysis is needed to assess the effects of the action, NMFS 
will request in writing that the Federal agency initiate expanded 
consultation. Such request will explain why NMFS believes expanded 
consultation is needed and will specify any new information needed. If 
expanded consultation is not necessary, NMFS will provide EFH 
Conservation Recommendations, if appropriate, pursuant to section 
305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its EFH Assessment to 
NMFS as soon as practicable, but at least 60 days prior to a final 
decision on the action. NMFS must respond in writing within 30 days. 
NMFS and the Federal agency may agree to use a compressed schedule in 
cases where regulatory approvals or emergency situations cannot 
accommodate 30 days for consultation, or to conduct consultation earlier 
in the planning cycle for actions with lengthy approval processes.
    (i) Expanded consultation procedures--(1) Purpose and criteria. 
Expanded consultation allows maximum opportunity for NMFS and the 
Federal agency to work together to review the action's impacts on EFH 
and to develop EFH Conservation Recommendations. Expanded consultation 
procedures must be used for Federal actions that would result in 
substantial adverse effects to EFH. Federal agencies are encouraged to 
contact NMFS at the earliest opportunity to discuss whether the adverse

[[Page 135]]

effects of an action make expanded consultation appropriate.
    (2) Notification by agency and submittal of EFH Assessment. Expanded 
consultation begins when NMFS receives from the Federal agency an EFH 
Assessment in accordance with paragraph (e) of this section and a 
written request for expanded consultation. Federal agencies are 
encouraged to provide in the EFH Assessment the additional information 
identified under paragraph (e)(4) of this section to facilitate review 
of the effects of the action on EFH.
    (3) NMFS response to Federal agency. NMFS will:
    (i) Review the EFH Assessment, any additional information furnished 
by the Federal agency, and other relevant information.
    (ii) Conduct a site visit, if appropriate, to assess the quality of 
the habitat and to clarify the impacts of the Federal agency action. 
Such a site visit should be coordinated with the Federal agency and 
appropriate Council(s), if feasible.
    (iii) Coordinate its review of the action with the appropriate 
Council(s).
    (iv) Discuss EFH Conservation Recommendations with the Federal 
agency and provide such recommendations to the Federal agency, pursuant 
to section 305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its EFH Assessment to 
NMFS as soon as practicable, but at least 90 days prior to a final 
decision on the action. NMFS must respond within 60 days of submittal of 
a complete EFH Assessment unless consultation is extended by agreement 
between NMFS and the Federal agency. NMFS and Federal agencies may agree 
to use a compressed schedule in cases where regulatory approvals or 
emergency situations cannot accommodate 60 days for consultation, or to 
conduct consultation earlier in the planning cycle for actions with 
lengthy approval processes.
    (5) Extension of consultation. If NMFS determines that additional 
data or analysis would provide better information for development of EFH 
Conservation Recommendations, NMFS may request additional time for 
expanded consultation. If NMFS and the Federal agency agree to an 
extension, the Federal agency should provide the additional information 
to NMFS, to the extent practicable. If NMFS and the Federal agency do 
not agree to extend consultation, NMFS must provide EFH Conservation 
Recommendations to the Federal agency using the best scientific 
information available to NMFS.
    (j) Programmatic consultation--(1) Purpose. Programmatic 
consultation provides a means for NMFS and a Federal agency to consult 
regarding a potentially large number of individual actions that may 
adversely affect EFH. Programmatic consultation will generally be the 
most appropriate option to address funding programs, large-scale 
planning efforts, and other instances where sufficient information is 
available to address all reasonably foreseeable adverse effects on EFH 
of an entire program, parts of a program, or a number of similar 
individual actions occurring within a given geographic area.
    (2) Process. A Federal agency may request programmatic consultation 
by providing NMFS with an EFH Assessment in accordance with paragraph 
(e) of this section. The description of the proposed action in the EFH 
Assessment should describe the program and the nature and approximate 
number (annually or by some other appropriate time frame) of the 
actions. NMFS may also initiate programmatic consultation by requesting 
pertinent information from a Federal agency.
    (3) NMFS response to Federal agency. NMFS will respond to the 
Federal agency with programmatic EFH Conservation Recommendations and, 
if applicable, will identify any potential adverse effects that could 
not be addressed programmatically and require project-specific 
consultation. NMFS may also determine that programmatic consultation is 
not appropriate, in which case all EFH Conservation Recommendations will 
be deferred to project-specific consultations. If appropriate, NMFS' 
response may include a General Concurrence for activities that qualify 
under paragraph (g) of this section.
    (k) Responsibilities of Federal agency following receipt of EFH 
Conservation

[[Page 136]]

Recommendations--(1) Federal agency response. As required by section 
305(b)(4)(B) of the Magnuson-Stevens Act, the Federal agency must 
provide a detailed response in writing to NMFS and to any Council 
commenting on the action under section 305(b)(3) of the Magnuson-Stevens 
Act within 30 days after receiving an EFH Conservation Recommendation 
from NMFS. Such a response must be provided at least 10 days prior to 
final approval of the action if the response is inconsistent with any of 
NMFS' EFH Conservation Recommendations, unless NMFS and the Federal 
agency have agreed to use alternative time frames for the Federal agency 
response. The response must include a description of measures proposed 
by the agency for avoiding, mitigating, or offsetting the impact of the 
activity on EFH. In the case of a response that is inconsistent with 
NMFS Conservation Recommendations, the Federal agency must explain its 
reasons for not following the recommendations, including the scientific 
justification for any disagreements with NMFS over the anticipated 
effects of the action and the measures needed to avoid, minimize, 
mitigate, or offset such effects.
    (2) Further review of decisions inconsistent with NMFS or Council 
recommendations. If a Federal agency decision is inconsistent with a 
NMFS EFH Conservation Recommendation, the Assistant Administrator for 
Fisheries may request a meeting with the head of the Federal agency, as 
well as with any other agencies involved, to discuss the action and 
opportunities for resolving any disagreements. If a Federal agency 
decision is also inconsistent with a Council recommendation made 
pursuant to section 305(b)(3) of the Magnuson-Stevens Act, the Council 
may request that the Assistant Administrator initiate further review of 
the Federal agency's decision and involve the Council in any interagency 
discussion to resolve disagreements with the Federal agency. The 
Assistant Administrator will make every effort to accommodate such a 
request. NMFS may develop written procedures to further define such 
review processes.
    (l) Supplemental consultation. A Federal agency must reinitiate 
consultation with NMFS if the agency substantially revises its plans for 
an action in a manner that may adversely affect EFH or if new 
information becomes available that affects the basis for NMFS EFH 
Conservation Recommendations.



Sec. 600.925  NMFS EFH Conservation Recommendations to Federal
and state agencies.

    (a) General. Under section 305(b)(4)(A) of the Magnuson-Stevens Act, 
NMFS is required to provide EFH Conservation Recommendations to Federal 
and state agencies for actions that would adversely affect EFH. NMFS 
will not recommend that state or Federal agencies take actions beyond 
their statutory authority.
    (b) Recommendations to Federal agencies. For Federal actions, EFH 
Conservation Recommendations will be provided to Federal agencies as 
part of EFH consultations conducted pursuant to Sec. 600.920. If NMFS 
becomes aware of a Federal action that would adversely affect EFH, but 
for which a Federal agency has not initiated an EFH consultation, NMFS 
may request that the Federal agency initiate EFH consultation, or NMFS 
will provide EFH Conservation Recommendations based on the information 
available.
    (c) Recommendations to state agencies--(1) Establishment of 
procedures. The Magnuson-Stevens Act does not require state agencies to 
consult with the Secretary regarding EFH. NMFS will use existing 
coordination procedures or establish new procedures to identify state 
actions that may adversely affect EFH, and to determine the most 
appropriate method for providing EFH Conservation Recommendations to 
state agencies.
    (2) Coordination with states on recommendations to Federal agencies. 
When an action that would adversely affect EFH is authorized, funded, or 
undertaken by both Federal and state agencies, NMFS will provide the 
appropriate state agencies with copies of EFH Conservation 
Recommendations developed as part of the Federal consultation procedures 
in Sec. 600.920. NMFS will also seek agreements on sharing information 
and copies of recommendations with Federal or state agencies

[[Page 137]]

conducting similar consultation and recommendation processes to ensure 
coordination of such efforts.
    (d) Coordination with Councils. NMFS will coordinate with each 
Council to identify the types of actions on which Councils intend to 
comment pursuant to section 305(b)(3) of the Magnuson-Stevens Act. For 
such actions NMFS will share pertinent information with the Council, 
including copies of NMFS' EFH Conservation Recommendations.



Sec. 600.930  Council comments and recommendations to Federal and
state agencies.

    Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may 
comment on and make recommendations to the Secretary and any Federal or 
state agency concerning any activity or proposed activity authorized, 
funded, or undertaken by the agency that, in the view of the Council, 
may affect the habitat, including EFH, of a fishery resource under its 
authority. Councils must provide such comments and recommendations 
concerning any activity that, in the view of the Council, is likely to 
substantially affect the habitat, including EFH, of an anadromous 
fishery resource under Council authority.
    (a) Establishment of procedures. Each Council should establish 
procedures for reviewing Federal or state actions that may adversely 
affect the habitat, including EFH, of a species under its authority. 
Each Council may receive information on actions of concern by methods 
such as directing Council staff to track proposed actions, recommending 
that the Council's habitat committee identify actions of concern, or 
entering into an agreement with NMFS to have the appropriate Regional 
Administrator notify the Council of actions of concern that would 
adversely affect EFH. Federal and state actions often follow specific 
timetables which may not coincide with Council meetings. Therefore, 
Councils should consider establishing abbreviated procedures for the 
development of Council recommendations.
    (b) Early involvement. Councils should provide comments and 
recommendations on proposed state and Federal actions of concern as 
early as practicable in project planning to ensure thorough 
consideration of Council concerns by the action agency. Each Council 
should provide NMFS with copies of its comments and recommendations to 
state and Federal agencies.



             Subpart L_Fishing Capacity Reduction Framework

    Authority: 16 U.S.C. 1861a(b)-(e).

    Source: 65 FR 31443, May 18, 2000, unless otherwise noted.



Sec. 600.1000  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in Sec. 
600.10 of this title, the terms used in this subpart have the following 
meanings:
    Address of Record means the business address of a person, 
partnership, or corporation. Addresses listed on permits or other NMFS 
records are presumed to be business addresses, unless clearly indicated 
otherwise.
    Bid means the price a vessel owner or reduction fishery permit 
holder requests for reduction of his/her fishing capacity. It is an 
irrevocable offer in response to the invitation to bid in Sec. 
600.1009.
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery.
    Business plan means the document containing the information 
specified in Sec. 600.1003(n) and required to be submitted with a 
request for a financed program.
    Business week means a 7-day period, Saturday through Friday.
    Controlling fishery management plan or program (CFMP) means either 
any fishery management plan or any state fishery management plan or 
program, including amendments to the plan or program, pursuant to which 
a fishery is managed.
    Delivery value means:
    (1) For unprocessed fish, all compensation that a fish buyer pays to 
a fish seller in exchange for fee fish; and
    (2) For processed fish, all compensation that a fish buyer would 
have paid to a fish seller in exchange for fee fish

[[Page 138]]

if the fee fish had been unprocessed fish instead of processed fish.
    Delivery value encompasses fair market value, as defined herein, and 
includes the value of all in-kind compensation or all other goods or 
services exchanged in lieu of cash. It is synonymous with the statutory 
term ``ex-vessel value'' as used in section 312 of the Magnuson Act.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated account maintained at a federally insured 
financial institution for the sole purpose of aggregating collected fee 
revenue before sending the fee revenue to NMFS for repaying a reduction 
loan.
    Fair market value means the amount that a buyer pays a seller in an 
arm's length transaction or, alternatively, would pay a seller if the 
transaction were at arm's length.
    Fee means the amount that fish buyers deduct from the delivery value 
under a financed reduction program. The fee is the delivery value times 
the reduction fishery's applicable fee rate under section 600.1013.
    Fee fish means all fish harvested from a reduction fishery involving 
a financed program during the period in which any amount of the 
reduction loan remains unpaid. The term fee fish excludes fish harvested 
incidentally while fishing for fish not included in the reduction 
fishery.
    Final development plan means the document NMFS prepares, under Sec. 
600.1006(b) and based on the preliminary development plan the requester 
submits, for a subsidized program.
    Financed means funded, in any part, by a reduction loan.
    Fish buyer means the first ex-vessel party who:
    (1) In an arm's--length transaction, purchases fee fish from a fish 
seller;
    (2) Takes fish on consignment from a fish seller; or
    (3) Otherwise receives fish from a fish seller in a non arm's-length 
transaction.
    Fish delivery means the point at which a fish buyer first purchases 
fee fish or takes possession of fee fish from a fish seller.
    Fishing capacity reduction specifications means the minimum amount 
of fishing capacity reduction and the maximum amount of reduction loan 
principal specified in a business plan.
    Fish seller means the party who harvests and first sells or 
otherwise delivers fee fish to a fish buyer.
    Fishery Management Plan (FMP) means any Federal fishery management 
plan, including amendments to the plan, that the Secretary of Commerce 
approves or adopts pursuant to section 303 of the Magnuson-Stevens Act.
    Fund means the Fishing Capacity Reduction Fund, and each subaccount 
for each program, established in the U.S. Treasury for the deposit into, 
and disbursement from, all funds, including all reduction loan capital 
and all fee revenue, involving each program.
    Implementation plan means the plan in Sec. 600.1008 for carrying 
out each program.
    Implementation regulations mean the regulations in Sec. 600.1008 
for carrying out each program.
    Net delivery value means the delivery value minus the fee.
    Post-bidding referendum means a referendum that follows bidding 
under Sec. 600.1009.
    Post-reduction means after a program reduces fishing capacity in a 
reduction fishery.
    Pre-bidding referendum means a referendum that occurs at any time 
after a request for a financed program but before a proposal under Sec. 
600.1008 of an implementation plan and implementation regulations.
    Preliminary development plan means the document specified in Sec. 
600.1005(g) and required to be submitted with a request for a subsidized 
program.
    Processed fish means fish in any form different from the form in 
which the fish existed at the time the fish was first harvested, unless 
any such difference in form represents, in the reduction fishery 
involved, the standard ex-vessel form upon which fish sellers and fish 
buyers characteristically base the delivery value of unprocessed fish.
    Program means each instance of reduction under this subpart, in each 
reduction fishery--starting with a request and ending, for a financed 
program, with full reduction loan repayment.

[[Page 139]]

    Reduction means the act of reducing fishing capacity under any 
program.
    Reduction amendment means any amendment, or, where appropriate, 
framework adjustment, to a CFMP that may be necessary for a program to 
meet the requirements of this subpart.
    Reduction amendment specifications mean the reduction amendment to a 
CFMP specified in a business plan.
    Reduction contract means the invitation to bid under Sec. 600.1009, 
together with each bidder's irrevocable offer and NMFS' conditional or 
non-conditional acceptance of each such bid under Sec. 600.1009.
    Reduction cost means the total dollar amount of all reduction 
payments to fishing permit owners, fishing vessel owners, or both, in a 
reduction fishery.
    Reduction fishery means the fishery or portion of a fishery to which 
a program applies. The reduction fishery must specify each included 
species, as well as any limitations by gear type, fishing vessel size, 
geographic area, and any other relevant factor(s).
    Reduction loan means a loan, under section 1111 and section 1112 of 
Title XI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279f 
and g App.), for financing any portion, or all, of a financed program's 
reduction cost and repayable by a fee under, and in accordance with, 
Sec. 600.1012, Sec. 600.1013, and Sec. 600.1014.
    Reduction payment means the Federal Government's fishing capacity 
reduction payment to a fishing permit owner, fishing vessel owner, or 
both, under a reduction contract. Additionally, it is payment for 
reduction to each bidder whose bid NMFS accepts under Sec. 600.1009. In 
a financed program each reduction payment constitutes a disbursement of 
a reduction loan's proceeds and is for either revoking a fishing permit 
or both revoking a fishing permit and withdrawing a vessel from fishing 
either by scrapping or title restriction.
    Reduction permit means any fishing permit revoked in a program in 
exchange for a reduction payment under a reduction contract.
    Reduction vessel means any fishing vessel withdrawn from fishing 
either by scrapping or title restriction in exchange for a reduction 
payment under a reduction contract.
    Referendum means the voting process under Sec. 600.1010 for 
approving the fee system for repaying a reduction loan.
    Request means a request, under Sec. 600.1001, for a program.
    Requester means a Council for a fishery identified in Sec. 
600.1001(c) or a state governor for a fishery identified in Sec. 
600.1001(d), or a majority of permit holders in the fishery.
    Scrap means to completely and permanently reduce a fishing vessel's 
hull, superstructures, and other fixed structural components to 
fragments having value, if any, only as raw materials for reprocessing 
or for other non-fisheries use.
    Subsidized means wholly funded by anything other than a reduction 
loan.
    Treasury percentage means the annual percentage rate at which NMFS 
must pay interest to the U.S. Treasury on any principal amount that NMFS 
borrows from the U.S. Treasury in order to generate the funds with which 
to later disburse a reduction loan's principal amount.
    Unprocessed fish means fish in the same form as the fish existed at 
the time the fish was harvested, unless any difference in form 
represents, in the reduction fishery involved, the standard ex-vessel 
form upon which fish sellers and fish buyers characteristically base the 
delivery value of unprocessed fish.
    Vote means a vote in a referendum.

[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]



Sec. 600.1001  Requests.

    (a) A Council, the Governor of a State under whose authority a 
proposed reduction fishery is subject, or a majority of permit holders 
in the fishery may request that NMFS conduct a program in that fishery. 
Each request shall be in writing. Each request shall satisfy the 
requirements of Sec. 600.1003 or Sec. 600.1005, as applicable, and 
enable NMFS to make the determinations required by Sec. 600.1004 or 
Sec. 600.1006, as applicable.
    (b) NMFS cannot conduct a program in any fishery subject to the 
jurisdiction of a Council or a state unless NMFS first receives a 
request from the

[[Page 140]]

Council or the governor to whose jurisdiction the fishery is subject.
    (c) For a fishery subject to the jurisdiction of a Council, only 
that Council can or must make the request. If the fishery is subject to 
the jurisdiction of two or more Councils, those Councils must make a 
joint request. No Council may make a request, or join in making a 
request, until after the Council conducts a public hearing about the 
request.
    (d) For a fishery subject to the jurisdiction of a State, only the 
Governor of that State can make the request. If the fishery is subject 
to the jurisdiction of two or more states, the Governors of those States 
shall make a joint request. No Governor of a State may make a request, 
or join in making a request, until the State conducts a public hearing 
about the request.
    (e) For a fishery under the direct management authority of the 
Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling 
the requirements of this subpart that reasonably apply to a program not 
initiated by a request.
    (f) Where necessary to accommodate special circumstances in a 
particular fishery, NMFS may waive, as NMFS deems necessary and 
appropriate, compliance with any specific requirements under this 
subpart not required by statute.

[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]



Sec. 600.1002  General requirements.

    (a) Each program must be:
    (1) Necessary to prevent or end overfishing, rebuild stocks of fish, 
or achieve measurable and significant improvements in the conservation 
and management of the reduction fishery;
    (2) Accompanied by the appropriate environmental, economic and/or 
socioeconomic analyses, in accordance with applicable statutes, 
regulations, or other authorities; and
    (3) Consistent with the CFMP, including any reduction amendment, for 
the reduction fishery.
    (b) Each CFMP for a reduction fishery must:
    (1) Prevent the replacement of fishing capacity removed by the 
program through a moratorium on new entrants, restrictions on vessel 
upgrades, and other effort control measures, taking into account the 
full potential fishing capacity of the fleet;
    (2) Establish a specified or target total allowable catch or other 
measures that trigger closure of the fishery or adjustments to reduce 
catch; and
    (3) Include, for a financed program in a reduction fishery involving 
only a portion of a fishery, appropriate provisions for the post-
reduction allocation of fish between the reduction fishery and the rest 
of the fishery that both protect the borrower's reduction investment in 
the program and support the borrower's ability to repay the reduction 
loan.
    (c) The Secretary may not make a fishing capacity reduction program 
payment with respect to a reduction vessel that will not be scrapped 
unless the Secretary certifies that the vessel will not be used for 
fishing in the waters of the U.S., a foreign nation, or on the high 
seas.

[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]



Sec. 600.1003  Content of a request for a financed program.

    A request for a financed program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Specify whether the program is to be wholly or partially 
financed and, if the latter, specify the amount and describe the 
availability of all funding from sources other than a reduction loan.
    (d) Project the availability of all Federal appropriation authority 
or other funding, if any, that the financed program requires, including 
the time at which funding from each source will be available and how 
that relates to the time at which elements of the reduction process are 
projected to occur.
    (e) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).

[[Page 141]]

    (f) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b).
    (g) If a reduction amendment is necessary, include an actual 
reduction amendment or the requester's endorsement in principle of the 
reduction amendment specifications in the business plan. Endorsement in 
principle is non-binding.
    (h) Request that NMFS conduct, at the appropriate time, a referendum 
under Sec. 600.1010 of this subpart.
    (i) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester. The list shall take 
into account any limitation by type of fishing gear operated, size of 
fishing vessel operated, geographic area of operation, or other factor 
that the proposed program involves. The list may include any relevant 
information that NMFS may supply to the requester.
    (j) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (i) of 
this section.
    (k) Specify the criteria for determining the types and number of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (1) The characteristics of the fishery;
    (2) Whether the program is limited to a particular gear type within 
the reduction fishery or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor;
    (3) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels;
    (4) The reduction amendment required;
    (5) The needs of fishing communities;
    (6) Minimizing the program's reduction cost; and
    (7) All other relevant factors.
    (l) Include the requester's assessment of the program's potential 
impact on fisheries other than the reduction fishery, including an 
evaluation of the likely increase in participation or effort in such 
other fisheries, the general economic impact on such other fisheries, 
and recommendations that could mitigate, or enable such other fisheries 
to mitigate, any undesirable impacts.
    (m) Include any other information or guidance that would assist NMFS 
in developing an implementation plan and implementation regulations.
    (n) Include a business plan, prepared by, or on behalf of, 
knowledgeable and concerned harvesters in the reduction fishery, that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least reduction cost and in the minimum period of time, and 
otherwise achieves the program result that the requester specifies under 
paragraph (b) of this section. The methodology shall:
    (i) Establish the appropriate point for NMFS to conduct a pre-
bidding referendum and be sufficiently detailed to enable NMFS to 
readily:
    (A) Design, propose, and adopt a timely and reliable implementation 
plan,
    (B) Propose and issue timely and reliable implementation 
regulations,
    (C) Invite bids,
    (D) Accept or reject bids, and
    (E) Complete a program in accordance with this subpart, and
    (ii) Address, consistently with this subpart:
    (A) The contents and terms of invitations to bid,
    (B) Bidder eligibility,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids,
    (E) The terms of bid acceptances,
    (F) Any referendum procedures in addition to, but consistent with, 
those in Sec. 600.1010, and
    (G) All other technical matters necessary to conduct a program;
    (2) Projects and supports the reduction fishery's annual delivery 
value during the reduction loan's repayment

[[Page 142]]

period based on documented analysis of actual representative experience 
for a reasonable number of past years in the reduction fishery;
    (3) Includes the fishing capacity reduction specifications upon 
which both the pre-bidding referendum and the bidding under Sec. 
600.1009 will be based. The reduction loan's maximum principal amount 
cannot, at the interest rate projected to prevail at the time of 
reduction, exceed the principal amount that can be amortized in 20 years 
by 5 percent of the projected delivery value;
    (4) States the reduction loan's repayment term and the fee rate, or 
range of fee rates, prospectively necessary to amortize the reduction 
loan over its repayment term;
    (5) Analyzes and demonstrates the ability to repay the reduction 
loan at the minimum reduction level and at various reduction-level 
increments reasonably greater than the minimum one, based on the:
    (i) Best and most representative historical fishing revenue and 
expense data and any other relevant productivity measures available in 
the reduction fishery, and
    (ii) Projected effect of the program on the post-reduction operating 
economics of typical harvesters in the reduction fishery, with 
particular emphasis on the extent to which the reduction increases the 
ratio of delivery value to fixed cost and improves harvesting's other 
relevant productivity measures;
    (6) Demonstrates how the business plan's proposed program meets, or 
will meet after an appropriate reduction amendment, the requirements in 
Sec. 600.1002(a);
    (7) Demonstrates how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b);
    (8) Includes, if a reduction amendment is necessary, the reduction 
amendment specifications upon which the pre-bidding referendum will be 
based;
    (9) Includes an assessment of the program's potential impact on 
fisheries other than the reduction fishery, including an evaluation of 
the likely increase in participation or effort in such other fisheries, 
the general economic impact on such other fisheries, and recommendations 
that could mitigate, or enable such other fisheries to mitigate, any 
undesirable impacts;
    (10) Specifies the names and addresses of record of all fish buyers 
who can, after reduction, reasonably be expected to receive deliveries 
of fee fish. This shall be based on the best information available, 
including any information that NMFS may be able to supply to the 
business planners;
    (11) Specifies, after full consultation with fish buyers, any 
special circumstances in the reduction fishery that may require the 
implementing regulations to contain provisions in addition to, or 
different from, those contained in Sec. 600.1013 and/or Sec. 600.1014 
in order to accommodate the circumstances of, and practices in, the 
reduction fishery while still fulfilling the intent and purpose of Sec. 
600.1013 and/or Sec. 600.1014--including, but not limited to:
    (i) In the case of reduction fisheries in which state data 
confidentiality laws or other impediments may negatively affect the 
efficient and effective conduct of the same, specification of who needs 
to take what action to resolve any such impediments, and
    (ii) In the case of reduction fisheries in which some fish sellers 
sell unprocessed, and other fish sellers sell processed fish to fish 
buyers, specification of an accurate and efficient method of 
establishing the delivery value of processed fish; and
    (12) Demonstrates by a survey of potential voters, or by any other 
convincing means, a substantial degree of potential voter support for 
the business plan and confidence in its feasibility.
    (o) Include the requester's statement of belief that the business 
plan, the CFMP, the reduction amendment specifications, and all other 
request aspects constitute a complete, realistic, and practical prospect 
for successfully completing a program in accordance with this subpart.



Sec. 600.1004  Accepting a request for, and determinations about
initiating, a financed program.

    (a) Accepting a request. Once it receives a request, NMFS will 
review any request for a financed program to determine whether the 
request conforms

[[Page 143]]

with the requirements of Sec. 600.1003. If the request does not 
conform, NMFS will return the request with guidance on how to make the 
request conform. If the request conforms, NMFS shall accept it and 
publish a notice in the Federal Register requesting public comments on 
the request. Such notice shall state the name and address of record of 
each eligible voter, as well as the basis for having determined the 
eligibility of those voters. This shall constitute notice and 
opportunity to respond about adding eligible voters, deleting ineligible 
voters, and/or correcting any voter's name and address of record. If, in 
NMFS' discretion, the comments received in response to such notice 
warrants it, or other good cause warrants it, NMFS may modify such list 
by publishing another notice in the Federal Register.
    (b) Determination about initiating a financed program. After receipt 
of a conforming request for a financed program, NMFS will, after 
reviewing and responding to any public comments received in response to 
the notice published in the Federal Register under paragraph (a) of this 
section, initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b);
    (3) The program, if successfully implemented, is cost effective;
    (4) The reduction requested constitutes a realistic and practical 
prospect for successfully completing a program in accordance with this 
subpart and the borrower is capable of repaying the reduction loan. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart; and
    (5) The program accords with all other applicable law.



Sec. 600.1005  Content of a request for a subsidized program.

    A request for a subsidized program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Project the reduction cost, the amount of reduction cost to be 
funded by Federal appropriations, and the amount, if any, to be funded 
by other sources.
    (d) Project the availability of Federal appropriations or other 
funding, if any, that completion of the program requires, including the 
time at which funding from each source will be available and how that 
relates to the time at which elements of the reduction process are 
projected to occur.
    (e) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester, including any 
information that NMFS may supply to the requester, and take into account 
any limitation by type of fishing gear operated, size of fishing vessel 
operated, geographic area of operation, or other factor that the 
proposed program involves.
    (f) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (e) of 
this section.
    (g) Include a preliminary development plan that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least cost and in a minimum period of time, and otherwise 
achieves the program result that the requester specifies under paragraph 
(b) of this section. The methodology shall:
    (i) Be sufficiently detailed to enable NMFS to prepare a final 
development plan to serve as the basis for NMFS to readily design, 
propose, and adopt a timely and reliable implementation plan and propose 
and issue timely and

[[Page 144]]

reliable implementation regulations, and
    (ii) Include:
    (A) The contents and terms of invitations to bid,
    (B) Eligible bidders,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids, and
    (E) The terms of bid acceptances;
    (2) Specifies the criteria for determining the types and numbers of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (i) The characteristics of the fishery,
    (ii) Whether the program is limited to a particular gear type within 
the reduction fishery, or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor,
    (iii) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels,
    (iv) The reduction amendment required,
    (v) The needs of fishing communities, and
    (vi) The need to minimize the program's reduction cost; and
    (3) Demonstrates the program's cost effectiveness.
    (h) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (i) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 
600.1002(b)(1) and (2).
    (j) Specify any other information or guidance that assists NMFS in 
preparing a final development plan and a proposed implementation plan 
and proposed implementation regulations.
    (k) Include the requester's statement of belief that the program 
constitutes a reasonably realistic and practical prospect for 
successfully completing a program in accordance with this subpart.



Sec. 600.1006  Accepting a request for, and determinations about
conducting, a subsidized program.

    (a) Accepting a request. NMFS will review any request for a 
subsidized program submitted to NMFS to determine whether the request 
conforms with the requirements of Sec. 600.1005. If the request does 
not conform, NMFS will return it with guidance on how to make the 
request conform. If the request conforms, NMFS shall accept it and 
publish a notice in the Federal Register requesting public comments 
about the request.
    (b) Final development plan. After receipt of a conforming request, 
NMFS will prepare a final development plan if NMFS determines that the 
reduction requested constitutes a realistic and practical prospect for 
successfully completing a program in accordance with this subpart. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart. NMFS will, as far as possible, base the 
final development plan on the requester's preliminary development plan. 
Before completing the final development plan, NMFS will consult, as NMFS 
deems necessary, with the requester, Federal agencies, state and 
regional authorities, affected fishing communities, participants in the 
reduction fishery, conservation organizations, and other interested 
parties in preparing the final development plan.
    (c) Reaffirmation of the request. After completing the final 
development plan, NMFS will submit the plan to the requester for the 
requester's reaffirmation of the request. Based on the final development 
plan, the reaffirmation shall: (1) Certify that the final development 
plan meets, or will meet after an appropriate reduction amendment, the 
requirements in Sec. 600.1002(a);
    (2) Certify that the CFMP meets, or will meet after an appropriate 
reduction amendment, the requirements in Sec. 600.1002(b)(1) and (2); 
and
    (3) Project the date on which the requester will forward any 
necessary reduction amendment and, if the requester is a Council, 
proposed regulations to implement the reduction amendment. The requester 
shall base any necessary reduction amendment on the final development 
plan.
    (d) Determinations about conducting a subsidized program. After 
NMFS' receipt

[[Page 145]]

of the requester's reaffirmation, any required reduction amendment, and 
any proposed regulations required to implement the amendment, NMFS will 
initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b)(1) and (2); and
    (3) The program is reasonably capable of being successfully 
implemented;
    (4) The program, if successfully implemented, will be cost 
effective; and
    (5) The program is in accord with all other applicable provisions of 
the Magnuson-Stevens Act and this subpart.



Sec. 600.1007  Reduction amendments.

    (a) Each reduction amendment may contain provisions that are either 
dependent upon or independent of a program. Each provision of a 
reduction amendment is a dependent provision unless the amendment 
expressly designates the provision as independent.
    (b) Independent provisions are effective without regard to any 
subsequent program actions.
    (c) Dependent provisions are initially effective for the sole 
limited purpose of enabling initiation and completion of the pre-
reduction processing stage of a program.
    (d) All dependent provisions of a reduction amendment for a financed 
program are fully in force and effect for all other purposes only when 
NMFS either:
    (1) For bidding results that conform to the fishing capacity 
reduction specifications and are not subject to any other condition, 
notifies bidders, under Sec. 600.1009(e)(3), that reduction contracts 
then exist between the bidders and the United States; or
    (2) For bidding results that do not conform to the fishing capacity 
reduction specifications or are subject to any other condition, notifies 
bidders whose bids NMFS had conditionally accepted, under Sec. 600.1010 
(d)(8)(iii), that the condition pertaining to the reduction contracts 
between them and the United States is fulfilled.
    (e) If NMFS does not, in accordance with this subpart and any 
special provisions in the implementation regulations, subsequently make 
all reduction payments that circumstances, in NMFS' judgment, reasonably 
permit NMFS to make and, thus, complete a program, no dependent 
provisions shall then have any further force or effect for any purpose 
and all final regulations involving such dependent provisions shall then 
be repealed.



Sec. 600.1008  Implementation plan and implementation regulations.

    (a) As soon as practicable after deciding to initiate a program, 
NMFS will prepare and publish, for a 60-day public comment period, a 
proposed implementation plan and implementation regulations. During the 
public comment period, NMFS will conduct a public hearing of the 
proposed implementation plan and implementation regulations in each 
state that the program affects.
    (b) To the greatest extent practicable, NMFS will base the 
implementation plan and implementation regulations for a financed 
program on the business plan. The implementation plan for a financed 
program will describe in detail all relevant aspects of implementing the 
program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The maximum reduction loan amount, if different from the maximum 
reduction cost;
    (5) The reduction cost funding, if any, other than a reduction loan;
    (6) The minimum acceptable reduction level;
    (7) The potential amount of the fee;
    (8) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (9) The invitation to bid and bidding procedures;
    (10) The criteria for determining bid acceptance;
    (11) The referendum procedures; and
    (12) Any relevant post-referendum reduction procedures other than 
those in the implementation regulations or this subpart.

[[Page 146]]

    (c) NMFS will base each implementation plan and implementation 
regulations for a subsidized program on the final development plan. The 
implementation plan will describe in detail all relevant aspects of 
implementing the program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The reduction-cost funding, if any, other than Federal 
appropriations;
    (5) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (6) The invitation to bid and bidding procedures;
    (7) The criteria for determining bid acceptance; and
    (8) Any relevant post-bidding program procedures other than those in 
the implementation regulations or this subpart.
    (d) The implementation regulations will:
    (1) Specify, for invitations to bid, bids, and reduction contracts 
under Sec. 600.1009:
    (i) Bidder eligibility,
    (ii) Bid submission requirements and procedures,
    (iii) A bid opening date, before which a bidder may not bid, and a 
bid closing date, after which a bidder may not bid,
    (iv) A bid expiration date after which the irrevocable offer 
contained in each bid expires unless NMFS, before that date, accepts the 
bid by mailing a written acceptance notice to the bidder at the bidder's 
address of record,
    (v) The manner of bid submission and the information each bidder 
shall supply for NMFS to deem a bid responsive,
    (vi) The conditions under which NMFS will accept or reject a bid,
    (vii) The manner in which NMFS will accept or reject a bid, and
    (viii) The manner in which NMFS will notify each bidder of bid 
acceptance or rejection;
    (2) Specify any other special referendum procedures or criteria; and
    (3) Specify such other provisions, in addition to and consistent 
with those in this subpart, necessary to regulate the individual terms 
and conditions of each program and reduction loan. This includes, but is 
not limited to:
    (i) Provisions for the payment of costs and penalties for non-
payment, non-collection, non-deposit, and/or non-disbursement of the fee 
in accordance with Sec. 600.1013 and Sec. 600.1014,
    (ii) Prospective fee rate determinations, and
    (iii) Any other aspect of fee payment, collection, deposit, 
disbursement, accounting, record keeping, and/or reporting.
    (e) NMFS will issue final implementation regulations and adopt a 
final implementation plan within 45 days of the close of the public-
comment period.
    (f) NMFS may repeal the final implementation regulations for any 
program if:
    (1) For a financed program, the bidding results do not conform to 
the fishing capacity reduction specifications or a post-bidding 
referendum does not subsequently approve an industry fee system based on 
the bidding results;
    (2) For a subsidized program, NMFS does not accept bids; and
    (3) For either a financed program or a subsidized program, if NMFS 
is unable to make all reduction payments due to a material adverse 
change.



Sec. 600.1009  Bids.

    (a) Each invitation to bid, bid, bid acceptance, reduction contract, 
and bidder--or any other party in any way affected by any of the 
foregoing--under this subpart is subject to the terms and conditions in 
this section:
    (1) Each invitation to bid constitutes the entire terms and 
conditions of a reduction contract under which:
    (i) Each bidder makes an irrevocable offer to the United States of 
fishing capacity for reduction, and
    (ii) NMFS accepts or rejects, on behalf of the United States, each 
bidder's offer;
    (2) NMFS may, at any time before the bid expiration date, accept or 
reject any or all bids;
    (3) For a financed program in which bidding results do not conform 
to the fishing capacity reduction specifications, NMFS' acceptance of 
any bid is subject to the condition that the industry fee system 
necessary to repay the

[[Page 147]]

reduction loan is subsequently approved by a successful post-bidding 
referendum conducted under Sec. 600.1010. Approval or disapproval of 
the industry fee system by post-bidding referendum is an event that 
neither the United States nor the bidders can control. Disapproval of 
the industry fee system by an unsuccessful post-bidding referendum fully 
excuses both parties from any performance and fully discharges all 
duties under any reduction contract;
    (4) For a financed program in one reduction fishery that is being 
conducted under appropriate implementation regulations simultaneously 
with another financed program in another reduction fishery, where the 
acceptance of bids for each financed program is conditional upon 
successful post-bidding referenda approving industry fee systems for 
both financed programs, NMFS' acceptance of all bids is, in addition to 
any condition under paragraph (a)(3) of this section, also subject to 
the additional conditions that both referenda approve the industry fee 
systems required for both financed programs--all as otherwise provided 
in paragraph (a)(3) of this section;
    (5) Upon NMFS' acceptance of the bid and tender of a reduction 
payment, the bidder consents to:
    (i) The revocation, by NMFS, of any reduction permit, and
    (ii) Where the program also involves the withdrawal of reduction 
vessels from fishing:
    (A) Title restrictions imposed by the U.S. Coast Guard on any 
reduction vessel that is Federally documented to forever prohibit and 
effectively prevent any future use of the reduction vessel for fishing:
    (1) In any area subject to the jurisdiction of the United States, or 
any state, territory, commonwealth, or possession of the United States, 
or
    (2) On the high seas, or
    (3) In the waters of a foreign nation; or
    (B) Scrapping of all reduction vessels involved in a fishing 
capacity reduction program, unless the reduction program vessel has been 
certified by the Secretary, and the requirements established under Sec. 
600.1002(c) are met. Where reduction vessel scrapping is involved and 
the reduction vessel's owner does not comply with the owner's obligation 
under the reduction contract to scrap the reduction vessel, the 
Secretary may take such measures as necessary to cause the reduction 
vessel's prompt scrapping. The scrapping will be at the reduction vessel 
owner's risk and expense. Upon completion of scrapping, NMFS will take 
such action as may be necessary to recover from the reduction vessel 
owner any cost, damages, or other expense NMFS incurred in the scrapping 
of the reduction vessel.
    (6) Money damages not being an adequate remedy for a bidder's breach 
of a reduction contract, the United States is, in all particulars, 
entitled to specific performance of each reduction contract. This 
includes, but is not limited to, the scrapping of a reduction vessel;
    (7) Any reduction payment is available, upon timely and adequately 
documented notice to NMFS, to satisfy liens, as allowed by law, against 
any reduction permit/and or reduction vessel; provided, however, that:
    (i) No reduction payment to any bidder either relieves the bidder of 
responsibility to discharge the obligation which gives rise to any lien 
or relieves any lien holder of responsibility to protect the lien 
holder's interest,
    (ii) No reduction payment in any way gives rise to any liability of 
the United States for the obligation underlying any lien,
    (iii) No lien holder has any right or standing, not otherwise 
provided by law, against the United States in connection with the 
revocation of any reduction permit or the title restriction or scrapping 
of any reduction vessel under this subpart, and
    (iv) This subpart does not provide any lien holder with any right or 
standing to seek to set aside any revocation of any reduction permit or 
the title restriction or scrapping of any reduction vessel for which the 
United States made, or has agreed to make, any reduction payment. A lien 
holder is limited to recovery against the holder of the reduction permit 
or the owner of the reduction vessel as otherwise provided by law; and
    (8) Each invitation to bid may specify such other terms and 
conditions as

[[Page 148]]

NMFS believes necessary to enforce specific performance of each 
reduction contract or otherwise to ensure completing each program. This 
includes, but is not limited to, each bidder's certification, subject to 
the penalties in Sec. 600.1017, of the bidder's full authority to 
submit each bid and to dispose of the property involved in the bid in 
the manner contemplated by each invitation to bid.
    (b) NMFS will not invite bids for any program until NMFS determines 
that:
    (1) Any necessary reduction amendment is fully and finally approved 
and all provisions except those dependent on the completion of reduction 
are implemented;
    (2) The final implementation plan is adopted and the final 
implementation regulations are issued;
    (3) All required program funding is approved and in place, including 
all Federal appropriation and apportionment authority;
    (4) Any reduction loan involved is fully approved;
    (5) Any non-Federal funding involved is fully available at the 
required time for NMFS disbursement as reduction payments; and
    (6) All other actions necessary to disburse reduction payments, 
except for matters involving bidding and post-bidding referenda, are 
completed.
    (c) After making the affirmative determinations required under 
paragraph (b) of this section, NMFS will publish a Federal Register 
notice inviting eligible bidders to offer to the United States, under 
this subpart, fishing capacity for reduction.
    (d) NMFS may extend a bid closing date and/or a bid expiration date 
for a reasonable period. NMFS may also issue serial invitations to bid 
if the result of previous bidding, in NMFS' judgment, warrant this.
    (e) After the bid expiration date, NMFS will:
    (1) Analyze responsive bids;
    (2) Determine which bids, if any, NMFS accepts; and
    (3) Notify, by U.S. mail at each bidder's address of record, those 
bidders whose bids NMFS accepts that a reduction contract now exists 
between them and the United States--subject, where appropriate, to the 
conditions provided for elsewhere in this subpart.
    (f) NMFS will keep confidential the identity of all bidders whose 
bids NMFS does not accept. In financed programs where bidding results do 
not conform to the fishing capacity reduction specifications, NMFS also 
will keep confidential the identity of all bidders whose bids NMFS does 
accept until after completing a successful post-bidding referendum under 
Sec. 600.1010.

[65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010]



Sec. 600.1010  Referenda.

    (a) Referendum success. A referendum is successful if at least a 
majority of the permit holders in the fishery who participate in the 
fishery cast ballots in favor of an industry fee system.
    (b) Pre-bidding referendum--(1) Initial referendum. An initial pre-
bidding referendum shall be conducted for each financed program. The 
business plan shall, subject to this subpart, determine the 
chronological relationship of the initial pre-bidding referendum to 
other pre-bidding aspects of the reduction process sequence. The initial 
pre-bidding referendum shall be based on the fishing capacity reduction 
specifications. If the initial pre-bidding referendum precedes the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the reduction amendment 
specifications. If the initial pre-bidding referendum follows the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the adopted reduction amendment;
    (2) Successful initial pre-bidding referendum. If the initial pre-
bidding referendum is successful, the reduction process will proceed as 
follows:
    (i) If the initial pre-bidding referendum follows reduction 
amendment adoption, no second pre-bidding referendum shall be conducted,
    (ii) If the initial pre-bidding referendum precedes reduction 
amendment adoption, a second pre-bidding referendum shall be conducted 
if, in NMFS' judgment, the reduction

[[Page 149]]

amendment subsequently adopted differs, in any respect materially 
affecting the borrower's reduction investment in the program and the 
borrower's ability to repay the reduction loan, from the reduction 
amendment specifications upon which the initial pre-bidding referendum 
successfully occurred. The sole purpose of any second pre-bidding 
referendum shall be to determine whether the voters authorize an 
industry fee system despite any such difference between the reduction 
amendment specifications and a subsequently adopted reduction amendment.
    (3) Unsuccessful initial pre-bidding referendum. If the initial pre-
bidding referendum is unsuccessful, the reduction process will either 
cease or NMFS may suspend the process pending an appropriate amendment 
of the business plan and the request.
    (c) Post-bidding referendum. A post-bidding referendum shall occur 
only if, in NMFS' judgment, the result of bidding under Sec. 600.1009 
does not conform, in any material respect, to the fishing capacity 
reduction specifications and such result justifies, in NMFS' judgment, 
conducting a post-bidding referendum. Bidding that results in reducing 
fishing capacity in any amount not less than the minimum fishing 
capacity reduction amount for any reduction loan amount not more than 
the maximum reduction loan amount, and otherwise achieves all material 
requirements of the fishing capacity reduction specifications, shall 
conform to the fishing capacity reduction specifications. The sole 
purpose of any post-bidding referendum shall be to determine whether 
voters authorize an industry fee system for bidding that results in 
reducing fishing capacity in any amount materially less than the minimum 
amount in the fishing capacity reduction specifications.
    (d) NMFS will conduct referenda in accordance with the following:
    (1) Eligible voters. The parties eligible to vote in each referendum 
are the parties whose names are listed as being eligible to vote in the 
notice published in the Federal Register under Sec. 600.1004(a);
    (2) Ballot issuance. NMFS will mail, by U.S. certified mail, return 
receipt requested, a ballot to each eligible voter. Each ballot will 
bear a randomly derived, 5-digit number assigned to each eligible voter. 
Each ballot will contain a place for the voter to vote for or against 
the proposed industry fee system and a place, adjacent to the 5-digit 
number, for the signature of the fishing permit or fishing vessel owner 
to whom the ballot is addressed or, if the fishing permit or fishing 
vessel owner is an organization, the person having authority to vote and 
cast the ballot on the organization's behalf. Each ballot will contain a 
place for the person signing the ballot to print his or her name. NMFS 
will enclose with each ballot a specially-marked, postage-paid, pre-
addressed envelope that each voter shall use to return the ballot to 
NMFS;
    (3) Voter certification. Each ballot will contain a certification, 
subject to the penalties set forth in Sec. 600.1017, that the person 
signing the ballot is the fishing permit or fishing vessel owner to whom 
the ballot is addressed or, if the fishing permit or fishing vessel 
owner is an organization, the person having authority to vote and cast 
the ballot on the organization's behalf;
    (4) Information included on a ballot. Each ballot mailing will:
    (i) Summarize the referendum's nature and purpose,
    (ii) Specify the date by which NMFS must receive a ballot in order 
for the ballot to be counted as a qualified vote,
    (iii) Identify the place on the ballot for the voter to vote for or 
against the proposed industry fee system, the place on the ballot where 
the voter shall sign the ballot, and the purpose of the return envelope,
    (iv) For each pre-bidding referendum, state:
    (A) The fishing capacity reduction specifications,
    (B) The reduction loan's repayment term, and
    (C) The fee rate, or range of fee rates, prospectively necessary to 
amortize the reduction loan over the loan's term,
    (v) For each initial pre-bidding referendum that precedes reduction 
amendment adoption, state the reduction amendment specifications,

[[Page 150]]

    (vi) For each initial pre-bidding referendum that follows reduction 
amendment adoption, summarize the material aspects of the reduction 
amendment adopted,
    (vii) For each second pre-bidding referendum, summarize how the 
adopted reduction amendment materially differs from the reduction 
amendment specifications upon which a successful initial pre-bidding 
referendum occurred and how this material difference affects the 
borrower's reduction investment in the program and the borrower's 
ability to repay the reduction loan,
    (viii) For each post-bidding referendum, specify the actual bidding 
results that do not conform to the fishing capacity reduction 
specifications, and
    (ix) State or include whatever else NMFS deems appropriate;
    (5) Enclosures to accompany a ballot. Each ballot mailing will 
include:
    (i) A specially-marked, postage-paid, and pre-addressed envelope 
that a voter must use to return the original of a ballot to NMFS by 
whatever means of delivery the voter chooses, and
    (ii) Such other materials as NMFS deems appropriate;
    (6) Vote qualification. A completed ballot qualifies to be counted 
as a vote if the ballot:
    (i) Is physically received by NMFS on or before the last day NMFS 
specifies for receipt of the ballot,
    (ii) Is cast for or against the proposed industry fee system,
    (iii) Is signed by the voter,
    (iv) Is the original ballot NMFS sent to the voter bearing the same 
5-digit number that NMFS assigned to the voter, and
    (v) Was returned to NMFS in the specially-marked envelope that NMFS 
provided for the ballot's return;
    (6) Vote tally and notification. NMFS will:
    (i) Tally all ballots qualified to be counted as referendum votes,
    (ii) Notify, by U.S. mail at the address of record, all eligible 
voters who received ballots of:
    (A) The number of potential voters,
    (B) The number of actual voters who returned a ballot,
    (C) The number of returned ballots that qualified to be counted as 
referendum votes,
    (D) The number of votes for and the number of votes against the 
industry fee system, and
    (E) Whether the referendum was successful and approved the industry 
fee system or unsuccessful and disapproved the industry fee system, and
    (iii) If a successful referendum is a post-bidding referendum, NMFS 
will, at the same time and in the same manner, also notify the bidders 
whose bids were conditionally accepted that the condition pertaining to 
the reduction contracts between them and the United States is fulfilled;
    (7) Conclusiveness of referendum determinations. NMFS' 
determinations about ballot qualifications and about all other 
referendum matters, including, but not limited to, eligible voters and 
their addresses of record, are conclusive and final as of the date NMFS 
makes such determinations. No matter respecting such determinations 
shall impair, invalidate, avoid, or otherwise render unenforceable any 
referendum, reduction contract, reduction loan, or fee payment and 
collection obligation under Sec. 600.1013 and Sec. 600.1014 necessary 
to repay any reduction loan;
    (8) Ballot confidentiality. NMFS will not voluntarily release the 
name of any party who voted. NMFS will restrict the availability of all 
voter information to the maximum extent allowed by law; and
    (9) Conclusive authorization of industry fee system. Each successful 
referendum conclusively authorizes NMFS' imposition of an industry fee 
system--including the fee payment, collection, and other provisions 
regarding fee payment and collection under Sec. 600.1013 and Sec. 
600.1014--to repay the reduction loan for each financed program that 
NMFS conducts under this subpart.

[65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010]



Sec. 600.1011  Reduction methods and other conditions.

    (a) Reduction permits or reduction permits and reduction vessels. 
Each program may involve either the surrender and revocation of 
reduction permits or both

[[Page 151]]

the surrender and revocation of reduction permits and the withdrawal 
from fishing either by title restriction or by scrapping of reduction 
vessels. No financed program may, however, require such title 
restriction or scrapping of reduction vessels unless the business plan 
voluntarily includes the same.
    (b) Reduction permit revocation and surrender. Each reduction permit 
is, upon NMFS' tender of the reduction payment for the reduction permit, 
forever revoked. Each reduction permit holder shall, upon NMFS' tender 
of the reduction payment, surrender the original reduction permit to 
NMFS. The reduction permit holder, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
permit and with the fishing vessel that was used to harvest fishery 
resources under the reduction permit that could qualify the reduction 
permit holder or the fishing vessel owner for any present or future 
limited access system fishing permit in the reduction fishery.
    (c) Reduction vessel title restriction or scrapping. For each 
program that involves reduction vessel title restriction or scrapping:
    (1) Each reduction vessel that is subject to title restriction only 
and is thus not required to be scrapped, is, upon NMFS' tender of the 
reduction payment, forever prohibited from any future use for fishing in 
any area subject to the jurisdiction of the United States or any State, 
territory, possession, or commonwealth of the United States. NMFS will 
request that the U.S. Coast Guard permanently restrict each such 
reduction vessel's title to exclude the reduction vessel's future use 
for fishing in any such area;
    (2) Each reduction vessel owner whose reduction vessel is required 
to be scrapped shall, upon NMFS' tender of the reduction payment, 
immediately cease all further use of the reduction vessel and arrange, 
without delay and at the reduction vessel owner's expense, to scrap the 
reduction vessel to NMFS' satisfaction, including adequate provision for 
NMFS to document the physical act of scrapping; and
    (3) Each reduction vessel owner, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
vessel and with the reduction permit that could qualify the reduction 
vessel owner or the reduction permit holder for any present or future 
limited access system fishing permit in the reduction fishery.
    (d) Fishing permits in a non-reduction fishery. A financed program 
that does not involve the withdrawal from fishing or scrapping of 
reduction vessels may not require any holder of a reduction permit in a 
reduction fishery to surrender any fishing permit in any non-reduction 
fishery or restrict or revoke any fishing permit other than a reduction 
permit in the reduction fishery, except those fishing permits 
authorizing the incidental harvesting of species in any non-reduction 
fishery during, and as a consequence of, directed fishing for species in 
the reduction fishery.
    (e) Reduction vessels disposition. Where a business plan requires 
the withdrawal from fishing of reduction vessels as well as the 
revocation of reduction permits:
    (1) Each reduction vessel that is not documented under Federal law 
must in every case always be scrapped, without regard to whether a 
program is a financed program or a subsidized program;
    (2) No financed program may require any disposition of a reduction 
vessel documented under Federal law other than the title restriction in 
paragraph (b) of this section unless the business plan volunteers to do 
otherwise; and
    (3) Any subsidized program may require the scrapping of reduction 
vessels documented under Federal law.
    (f) Reduction payments. NMFS will disburse all reduction payments in 
the amount and in the manner prescribed in reduction contracts, except 
reduction payments that a bidder's reduction-contract nonperformance 
prevents NMFS from disbursing. In financed programs, the reduction 
loan's principal amount is the total amount of all reduction payments 
that NMFS disburses from the proceeds of a reduction loan. Any reduction 
payment that NMFS, because of a bidder's reduction-contract 
nonperformance, disburses but subsequently recovers, shall reduce

[[Page 152]]

the principal amount of the reduction loan accordingly.
    (g) Effect of reduction-contract nonperformance. No referendum, no 
reduction contract, no reduction loan, and no fee payment and collection 
obligation under Sec. 600.1013 and Sec. 600.1014 necessary to repay 
any reduction loan, shall be impaired, invalidated, avoided, or 
otherwise rendered unenforceable by virtue of any reduction contract's 
nonperformance. This is without regard to the cause of, or reason for, 
nonperformance. NMFS shall endeavor to enforce the specific performance 
of all reduction contracts, but NMFS' inability, for any reason, to 
enforce specific performance for any portion of such reduction contracts 
shall not relieve fish sellers of their obligation to pay, and fish 
buyers of their obligation to collect, the fee necessary to fully repay 
the full reduction loan balance that results from all reduction payments 
that NMFS actually makes and does not recover.
    (h) Program completion. Other than the payment and collection of the 
fee that repays a reduction loan and any other residual matters 
regarding reduction payments and the disposition of reduction permits 
and reduction vessels, a program shall be completed when NMFS tenders or 
makes all reduction payments under all reduction contracts that 
circumstances, in NMFS' judgment, reasonably permit NMFS to make.



Sec. 600.1012  Reduction loan.

    (a) Obligation. The borrower shall be obligated to repay a reduction 
loan. The borrower's obligation to repay a reduction loan shall be 
discharged by fish sellers paying a fee in accordance with Sec. 
600.1013. Fish buyers shall be obligated to collect the fee in 
accordance with Sec. 600.1013 and to deposit and disburse the fee 
revenue in accordance with Sec. 600.1014.
    (b) Principal amount, interest rate, repayment term, and penalties 
for non-payment or non-collection. The reduction loan shall be:
    (1) In a principal amount that shall be determined by subsequent 
program events under this subpart, but which shall not exceed the 
maximum principal amount in the fishing capacity reduction 
specifications;
    (2) At an annual rate, that shall be determined by subsequent 
events, of simple interest on the reduction loan's principal balance 
that shall equal 2 percent plus the Treasury percentage;
    (3) Repayable over the repayment term specified in the business plan 
or otherwise determined by subsequent events; and
    (4) Subject to such provisions as implementation regulations shall 
specify for the payment of costs and penalties for non-payment, non-
collection, non-deposit, and/or non-disbursement in accordance with 
Sec. 600.1013 and Sec. 600.1014.
    (c) Effect of prospective interest rate. Any difference between a 
prospective interest rate projected, for the purpose of any aspect of 
reduction planning or processing under this subpart, before the U.S. 
Treasury determines the Treasury percentage and an interest rate first 
known after the U.S. Treasury determines the Treasury percentage shall 
not void, invalidate, or otherwise impair any reduction contract, any 
reduction loan repayment obligation, or any other aspect of the 
reduction process under this subpart. Should any such difference result 
in a reduction loan that cannot, at the maximum fee rate allowed by law, 
be repaid, as previously projected, within the maximum maturity, any 
amount of the reduction loan remaining unpaid at maturity shall be 
repaid after maturity by continuing fee payment and collection under 
this subpart at such maximum fee rate until the reduction loan's unpaid 
principal balance and accrued interest is fully repaid. The above 
notwithstanding, at the discretion of the Secretary, the reduction 
contract can be voided if a material adverse change affects the 
reduction contract, reduction loan obligation, or any other aspect of 
the reduction process under this subpart.



Sec. 600.1013  Fee payment and collection.

    (a) Amount. The fee amount is the delivery value times the fee rate.
    (b) Rate. NMFS will establish the fee rate. The fee rate may not 
exceed 5 percent of the delivery value. NMFS will

[[Page 153]]

establish the initial fee rate by calculating the fee revenue annually 
required to amortize a reduction loan over the reduction loan's term, 
projecting the annual delivery value, and expressing such fee revenue as 
a percentage of such delivery value. Before each anniversary of the 
initial fee rate determination, NMFS will recalculate the fee rate 
reasonably required to ensure reduction loan repayment. This will 
include any changed delivery value projections and any adjustment 
required to correct for previous delivery values higher or lower than 
projected.
    (c) Payment and collection. (1) The full fee is due and payable at 
the time of fish delivery. Each fish buyer shall collect the fee at the 
time of fish delivery by deducting the fee from the delivery value 
before paying, or promising to pay, the net delivery value. Each fish 
seller shall pay the fee at the time of fish delivery by receiving from 
the fish buyer the net delivery value, or the fish buyer's promise to 
pay the net delivery value, rather than the delivery value. Regardless 
of when the fish buyer pays the net delivery value, the fish buyer shall 
collect the fee at the time of fish delivery;
    (2) In the event of any post-delivery payment for fee fish--
including, but not limited to bonuses--whose amount depends on 
conditions that cannot be known until after fish delivery, that either 
first determines the delivery value or later increases the previous 
delivery value, the fish seller shall pay, and the fish buyer shall 
collect, at the time the amount of such post-delivery payment first 
becomes known, the fee that would otherwise have been due and payable as 
if the amount of the post-delivery payment had been known, and as if the 
post-delivery payment had consequently occurred, at the time of initial 
fish delivery;
    (3)(i) Each fish seller shall be deemed to be, for the purpose of 
the fee collection, deposit, disbursement, and accounting requirements 
of this subpart, both the fish seller and the fish buyer, and shall be 
responsible for all requirements and liable for any penalties under this 
subpart applicable to fish sellers and/or fish buyers, each time that a 
fish seller sells fee fish to:
    (A) Any party whose place of business is not located in the United 
States, who does not take delivery or possession of the fee fish in the 
United States, who is not otherwise subject to this subpart, or to whom 
or against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) Any party who is a general food-service wholesaler or supplier, 
a restaurant, a retailer, a consumer, some other type of end-user, or 
some other party not engaged in the business of buying fish from fish 
sellers for the purpose of reselling the fish, either with or without 
processing the fish, or
    (C) Any other party who the fish seller has good reason to believe 
is a party not subject to this subpart or to whom or against whom NMFS 
cannot otherwise apply or enforce this subpart,
    (ii) In each such case the fish seller shall, with respect to the 
fee fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, record keeping, and reporting requirements 
that this subpart otherwise imposes on the fish buyer, and the fish 
seller shall be subject to all the penalties this subpart provides for a 
fish buyer's failure to discharge such requirements;
    (4) Fee payment begins on the date NMFS specifies under the 
notification procedures of paragraph (d) of this section and continues 
without interruption at the fee rates NMFS specifies in accordance this 
subpart until NMFS determines that the reduction loan is fully repaid. 
If a reduction loan is, for any reason, not fully repaid at the maturity 
of the reduction loan's original amortization period, fee payment and 
collection shall continue until the reduction loan is fully repaid, 
notwithstanding that the time required to fully repay the reduction loan 
exceeds the reduction loan's initially permissible maturity.
    (d) Notification. (1) At least 30 days before the effective date of 
any fee or of any fee rate change, NMFS will publish a Federal Register 
notice establishing the date from and after which the fee or fee rate 
change is effective. NMFS will then also send, by U.S. mail, an 
appropriate notification to

[[Page 154]]

each affected fish seller and fish buyer of whom NMFS has notice;
    (2) When NMFS determines that a reduction loan is fully repaid, NMFS 
will publish a Federal Register notice that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send, by U.S. mail, notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge;
    (3) If NMFS fails to notify a fish seller or a fish buyer by U.S. 
mail, or if the fish seller or fish buyer otherwise does not receive the 
notice, of the date fee payments start or of the fee rate in effect, 
each fish seller is, nevertheless, obligated to pay the fee at the fee 
rate in effect and each fish buyer is, nevertheless, obligated to 
collect the fee at the fee rate in effect.
    (e) Failure to pay or collect. (1) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
that the fish seller delivered, and
    (iv) The fish buyer's reason, if known, for refusing to collect the 
fee in accordance with this subpart;
    (2) If a fish seller refuses to pay the fee in the amount and manner 
that this subpart requires, the fish buyer shall then advise the fish 
seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
the fish seller delivered or attempted to deliver,
    (iv) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (v) The fish seller's reason, if known, for refusing to pay the fee 
in accordance with this subpart.
    (f) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee payment and/or collection provisions in addition to, or 
different from, those in this section in order to accommodate the 
circumstances of, and practices in, a reduction fishery while still 
fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1014  Fee collection deposits, disbursements, records, 
and reports.

    (a) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (b) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer collects through 
a date not more than two calendar days before the date of deposit. 
Neither the deposit account nor the principal amount of deposits in the 
account may be pledged, assigned, or used for any purpose other than 
aggregating collected fee revenue for disbursement to the Fund in 
accordance with paragraph (c) of this section. The

[[Page 155]]

fish buyer is entitled, at any time, to withdraw deposit interest, if 
any, but never deposit principal, from the deposit account for the fish 
buyer's own use and purposes.
    (c) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to the Fund 
subaccount to which the deposit principal relates. The fish buyer shall 
mail each such check to the Fund subaccount lockbox that NMFS 
establishes for the receipt of the disbursements for each program. Each 
disbursement shall be accompanied by the fish buyer's settlement sheet 
completed in the manner and form that NMFS specifies. NMFS will specify 
the Fund subaccount lockbox and the manner and form of settlement sheet 
by means of the notification in Sec. 600.1013(d).
    (d) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (1) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (i) The date of delivery,
    (ii) The seller's identity,
    (iii) The weight, number, or volume of each species of fee fish 
delivered,
    (iv) The identity of the fishing vessel that delivered the fee fish,
    (v) The delivery value of each species of fee fish,
    (vi) The net delivery value,
    (vii) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (viii) The date the net delivery value was paid, and
    (ix) The total fee amount collected;
    (2) For all fee collection deposits to and disbursements from the 
deposit account:
    (i) The dates and amounts of deposits,
    (ii) The dates and amounts of disbursements to the Fund's lockbox 
account, and
    (iii) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (e) Annual report. In each year, on the date to be specified in each 
implementation regulation, succeeding the year during which NMFS first 
implemented a fee, each fish buyer shall submit to NMFS a report, on or 
in the form NMFS specifies, containing the following information for the 
preceding year, or whatever longer period may be involved in the first 
annual report, for all fee fish each fish buyer purchases from fish 
sellers:
    (1) Total weight, number, or volume bought;
    (2) Total delivery value paid;
    (3) Total fee amounts collected;
    (4) Total fee collection amounts deposited by month;
    (5) Dates and amounts of monthly disbursements to each Fund lockbox 
account;
    (6) Total amount of interest earned on deposits; and
    (7) Depository account balance at year-end.
    (f) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section. If any state law or regulation prohibits fish buyers, or 
fish sellers where appropriate, from keeping, for the purpose of 
complying with any requirement of this section, separate records that 
involve some or all of the same data elements as the landing records 
that the fish buyers also keep, for state purposes and under state law 
or regulation, then a financed reduction program will not be possible.
    (g) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
reduction loans, the financial records of fish

[[Page 156]]

buyers and fish sellers in each reduction fishery in order to ensure 
proper fee payment, collection, deposit, disbursement, accounting, 
record keeping, and reporting. Fish buyers and fish sellers shall make 
all records of all program transactions involving post-reduction fish 
harvests, fish deliveries, and fee payments, collections, deposits, 
disbursements, accounting, record keeping, and reporting available to 
NMFS or NMFS' agents at reasonable times and places and promptly provide 
all requested information reasonably related to these records that such 
fish sellers and fish buyers may otherwise lawfully provide. Trip 
tickets (or similar accounting records establishing the pounds of fee 
fish that each fish buyer buys from each fish seller each time that each 
fish buyer does so and each price that each fish buyer then pays to each 
fish seller for the fee fish) are essential audit documentation.
    (h) Confidentiality of records. NMFS and NMFS' auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart; provided, 
however, that NMFS may aggregate such data so as to preclude their 
identification with any fish buyer or any fish seller and use them in 
the aggregate for other purposes).
    (i) Refunds. When NMFS determines that a reduction loan is fully 
repaid, NMFS will refund any excess fee receipts, on a last-in/first-out 
basis, to the fish buyers. Fish buyers shall return the refunds, on a 
last-in/first-out basis, to the fish sellers who paid the amounts 
refunded.
    (j) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee collection deposit, disbursement, or records provisions in 
addition to, or different from, those in this section in order to 
accommodate the circumstances of, and practices in, a reduction fishery 
while still fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1015  Late charges.

    The late charge to fish buyers for fee payment, collection, deposit, 
and/or disbursement shall be one and one-half (1.5) percent per month, 
or the maximum rate permitted by state law, for the total amount of the 
fee not paid, collected, deposited, and/or disbursed when due to be 
paid, collected, deposited, and/or disbursed. The full late charge shall 
apply to the fee for each month or portion of a month that the fee 
remains unpaid, uncollected, undeposited, and/or undisbursed.



Sec. 600.1016  Enforcement.

    In accordance with applicable law or other authority, NMFS may take 
appropriate action against each fish seller and/or fish buyer 
responsible for non-payment, non-collection, non-deposit, and/or non-
disbursement of the fee in accordance with this subpart to enforce the 
collection from such fish seller and/or fish buyer of any fee (including 
penalties and all costs of collection) due and owing the United States 
on account of the loan that such fish seller and/or fish buyer should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with this subpart. All such loan recoveries shall be applied to reduce 
the unpaid balance of the loan.



Sec. 600.1017  Prohibitions and penalties.

    (a) The following activities are prohibited, and it is unlawful for 
any party to:
    (1) Vote in any referendum under this subpart if the party is 
ineligible to do so;
    (2) Vote more than once in any referendum under this subpart;
    (3) Sign or otherwise cast a ballot on behalf of a voter in any 
referendum under this subpart unless the voter has fully authorized the 
party to do so and doing so otherwise comports with this subpart;
    (4) Interfere with or attempt to hinder, delay, buy, or otherwise 
unduly or unlawfully influence any eligible voter's vote in any 
referendum under this subpart;
    (5) Submit a fraudulent, unauthorized, incomplete, misleading, 
unenforceable by specific performance, or

[[Page 157]]

inaccurate bid in response to an invitation to bid under this subpart 
or, in any other way, interfere with or attempt to interfere with, 
hinder, or delay, any invitation to bid, any bid submitted under any 
invitation to bid, any reduction contract, or any other reduction 
process in connection with any invitation to bid;
    (6) Revoke or attempt to revoke any bid under this subpart;
    (7) Fail to comply with the terms and conditions of any invitation 
to bid, bid, or reduction contract under this subpart, including NMFS' 
right under such reduction contracts to specific performance;
    (8) Fail to fully and properly pay and collect any fee due payable, 
and collectible under this subpart or otherwise avoid, decrease, 
interfere with, hinder, or delay any such payment and collection,
    (9) Convert, or otherwise use for any purpose other than the purpose 
this subpart intends, any paid or collected fee;
    (10) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the Fund's lockbox 
account--all as this subpart requires;
    (11) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS-all as this subpart 
requires;
    (12) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (13) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (14) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (15) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents conduct, or attempt to conduct, in connection with any of 
the matters in this subpart; and/or
    (16) Otherwise materially interfere with the efficient and effective 
conduct of reduction and the repayment of reduction loans under this 
subpart.
    (b) Any party who violates one or more of the prohibitions of 
paragraph (a) of this section is subject to the full range of penalties 
the Magnuson-Stevens Act and 15 CFR part 904 provide--including, but not 
limited to: civil penalties, sanctions, forfeitures, and punishment for 
criminal offenses--and to the full penalties and punishments otherwise 
provided by any other applicable law of the United States.
    (c) Additionally, NMFS may take any and all appropriate actions, 
including the communication of action at law, against each party 
responsible for the non-payment, non-collection, non-deposit, and/or 
non-disbursement in accordance with Sec. 600.1013 and/or Sec. 600.1014 
to enforce the United States' receipt from such party of any fee--
including penalties and all costs of collection--due and owing the 
United States on account of the reduction loan that such party should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with Sec. 600.1013 and/or Sec. 600.1014. All such reduction loan 
recoveries shall be applied to reduce the unpaid balances of reduction 
loans.



    Subpart M_Specific Fishery or Program Fishing Capacity Reduction 
                               Regulations

    Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et seq., 16 U.S.C. 1861a(b) 
through (e), 46 App. U.S.C. 53735, section 144(d) of Division B of Pub. 
L. 106-554, section 2201 of Pub. L. 107-20, and section 205 of Pub. L. 
107-117, Pub. L. 107-206, Pub. L. 108-7, Pub. L. 108-199, and Pub. L. 
108-447.

    Source: 69 FR 53361, Sept. 1, 2004, unless otherwise noted.

[[Page 158]]



Sec. 600.1100  [Reserved]



Sec. 600.1101  Inshore fee system for repayment of the loan to 
harvesters of Pollock from the directed fishing allowance allocated
to the inshore component under section 206(b)(1) of the AFA.

    (a) Definition. In addition to the definitions in the Magnuson-
Stevens Act and in Sec. 679.2 of this title, the terms used in this 
subpart have the following meanings:
    American Fisheries Act (AFA) means Title II of Pub.L. 105-277.
    Borrower means (individually and collectively) all persons who, 
after January 1, 2000, harvest fee fish from the IC directed fishing 
allowance.
    Business week means a 7-day period, Saturday through Friday.
    Delivery value means the gross ex-vessel value of all fee fish at 
fish delivery.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated deposit account maintained in a federally 
chartered national bank for the sole purpose of aggregating collected 
fee revenue before sending the fee revenue to NMFS for repaying the 
loan.
    Fee means the six-tenths (0.6) of one cent that fish buyers deduct 
at fish delivery from the delivery value of each pound of round weight 
fee fish.
    Fee fish means all pollock harvested from the IC directed fishing 
allowance beginning on February 10, 2000 and ending at such time as the 
loan's principal and interest are fully repaid.
    Fish buyer means the first ex-vessel fish buyer who purchases fee 
fish from a fish seller.
    Fish delivery means the point at which a fish buyer first takes 
delivery or possession of fee fish from a fish seller.
    Fish seller means the harvester who catches and first sells fee fish 
to a fish buyer.
    IC directed fishing allowance means the directed fishing allowance 
allocated to the inshore component under section 206(b)(1) of the AFA.
    Loan means the loan authorized by section 207(a) of the AFA.
    Net delivery value means the delivery value minus the fee.
    Subaccount means the Inshore Component Pollock Subaccount of the 
Fishing Capacity Reduction Fund in the U.S. Treasury for the deposit of 
all funds involving the loan.
    (b) Loan--(1) Principal amount. The loan's principal amount is 
$75,000,000 (seventy five million dollars).
    (2) Interest. Interest shall, from December 30, 1998, when NMFS 
disbursed the loan, until the date the borrower fully repays the loan, 
accrue at a fixed rate of 7.09 percent. Interest shall be simple 
interest and shall accrue on the basis of a 365-day year.
    (3) Repayment. The fee shall be the exclusive source of loan 
repayment. The fee shall be paid on all fee fish.
    (4) Application of fee receipts. NMFS shall apply all fee receipts 
it receives, first, to payment of the loan's accrued interest and, 
second, to reduction of the loan's principal balance.
    (5) Obligation. The borrower shall repay the loan in accordance with 
the AFA and this subpart.
    (c) Fee payment and collection--(1) Payment and collection. (i) The 
fee is due and payable at the time of fish delivery. Each fish buyer 
shall collect the fee at the time of fish delivery by deducting the fee 
from the delivery value before paying or promising later to pay the net 
delivery value. Each fish seller shall pay the fee at the time of fish 
delivery by receiving from the fish buyer the net delivery value or the 
fish buyer's promise later to pay the net delivery value rather than the 
delivery value. Regardless of when the fish buyer pays the net delivery 
value, the fish buyer shall collect the fee at the time of fish 
delivery;
    (ii)(A) Each fish seller shall be deemed, for the purpose of the fee 
collection, deposit, disbursement, and accounting requirements of this 
subpart, to be both the fish seller and the fish buyer--and all 
requirements and penalties under this subpart applicable to both a fish 
seller and a fish buyer shall equally apply to the fish seller--each 
time that the fish seller sells fee fish to:
    (1) Any fish buyer whose place of business is not located in the 
United States, who does not take delivery or possession of the fee fish 
in the United States, who is not otherwise subject to this subpart, or 
to whom or against

[[Page 159]]

whom NMFS cannot otherwise apply or enforce this subpart,
    (2) Any fish buyer who is a general food-service wholesaler or 
supplier, a restaurant, a retailer, a consumer, some other type of end-
user, or some other fish buyer not engaged in the business of buying 
fish from fish sellers for the purpose of reselling the fish, or
    (3) Any other fish buyer who the fish seller has good reason to 
believe is a fish buyer not subject to this subpart or to whom or 
against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) In each such case the fish seller shall, with respect to the fee 
fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, recordkeeping, and reporting requirements that 
this subpart otherwise imposes on the fish buyer, and the fish seller 
shall be subject to all the penalties this subpart provides for a fish 
buyer's failure to discharge such requirements;
    (2) Notification. (i) NMFS will send an appropriate fee payment and 
collection commencement notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge.
    (ii) When NMFS determines that the loan is fully repaid, NMFS will 
publish a Federal Register notification that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send an appropriate fee termination notification to each affected 
fish seller and fish buyer of whom NMFS has knowledge;
    (3) Failure to pay or collect. (i) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (A) The fish buyer's and fish seller's name, address, and telephone 
number,
    (B) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (C) The quantity and delivery value of fee fish that the fish seller 
delivered, and
    (D) The fish buyer's reason (if known) for refusing to collect the 
fee in accordance with this subpart;
    (ii) If a fish seller refuses to pay the fee in the amount and 
manner that this subpart requires, the fish buyer shall then advise the 
fish seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (A) The fish buyer's and fish seller's name, address, and telephone 
number,
    (B) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (C) The quantity and delivery value of fee fish the fish seller 
delivered or attempted to deliver,
    (D) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (E) The fish seller's reason (if known) for refusing to pay the fee 
in accordance with this subpart.
    (d) Fee collection deposits, disbursements, records, and reports--
(1) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (2) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer has collected 
through a date not more than 2 calendar days before the date of deposit. 
Neither the deposit account nor the principal amount of deposits in the

[[Page 160]]

account may be pledged, assigned, or used for any purpose other than 
aggregating collected fee revenue for disbursement to the subaccount in 
accordance with paragraph (c) of this section. The fish buyer is 
entitled, at any time, to withdraw deposit interest, if any, but never 
deposit principal, from the deposit account for the fish buyer's own use 
and purposes.
    (3) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to ``NOAA Inshore 
Component Pollock Loan Subaccount.'' The fish buyer shall mail each such 
check to the subaccount lockbox account that NMFS establishes for the 
receipt of the disbursements of deposit principal. Each disbursement 
shall be accompanied by the fish buyer's settlement sheet completed in 
the manner and form that NMFS specifies. NMFS will specify the 
subaccount's lockbox and the manner and form of settlement sheet by 
means of the notification in Sec. 600.1101(c).
    (4) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (i) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (A) The date of delivery,
    (B) The fish seller's identity,
    (C) The round weight of fee fish delivered,
    (D) The identity of the fishing vessel that delivered the fee fish,
    (E) The delivery value,
    (F) The net delivery value,
    (G) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (H) The date the net delivery value was paid, and
    (I) The total fee amount collected;
    (ii) For all fee collection deposits to and disbursements from the 
deposit account:
    (A) The dates and amounts of deposits,
    (B) The dates and amounts of disbursements to the subaccount's 
lockbox account, and
    (C) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (5) Annual report. By January 15, 2001, and by each January 15 
thereafter until the loan is fully repaid, each fish buyer shall submit 
to NMFS a report, on or in the form NMFS specifies, containing the 
following information for the preceding year for all fee fish each fish 
buyer purchases from fish sellers:
    (i) Total round weight bought;
    (ii) Total delivery value paid;
    (iii) Total fee amount collected;
    (iv) Total fee collection amounts deposited by month;
    (v) Dates and amounts of monthly disbursements to the subaccount 
lockbox;
    (vi) Total amount of interest earned on deposits; and
    (vii) Depository account balance at year-end.
    (6) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section.
    (7) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
the loan, the financial records of the fish buyers and the fish sellers 
in order to ensure proper fee payment, collection, deposit, 
disbursement, accounting, recordkeeping, and reporting. Fish buyers and 
fish sellers shall make all records of all transactions involving fee 
fish catches, fish deliveries, and fee payments, collections, deposits, 
disbursements, accounting, recordkeeping, and reporting available to 
NMFS or its agents at reasonable times and places

[[Page 161]]

and promptly provide all requested information reasonably related to 
these records that such fish sellers and fish buyers may otherwise 
lawfully provide. Trip tickets (or similar accounting records 
establishing the round weight pounds of fee fish that each fish buyer 
buys from each fish seller each time that each fish buyer does so) are 
essential audit documentation.
    (8) Confidentiality of records. NMFS and its auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart, unless otherwise 
required by law; provided, however, that NMFS may aggregate such data so 
as to preclude their identification with any fish buyer or any fish 
seller and use them in the aggregate for other purposes.
    (9) Refunds. When NMFS determines that the loan is fully repaid, 
NMFS will refund any excess fee receipts, on a last-in/first-out basis, 
to the fish buyers. Fish buyers shall return the refunds, on a last-in/
first-out basis, to the fish sellers who paid the amounts refunded.
    (e) Late charges. The late charge to fish buyers for fee payment, 
collection, deposit, and/or disbursement shall be one and one-half (1.5) 
percent per month, or the maximum rate permitted by state law, for the 
total amount of the fee not paid, collected, deposited, and/or disbursed 
when due to be paid, collected, deposited, and/or disbursed within 5 
days of the date due. The full late charge shall apply to the fee for 
each month or portion of a month that the fee remains unpaid, 
uncollected, undeposited, and/or undisbursed.
    (f) Enforcement. In accordance with applicable law or other 
authority, NMFS may take appropriate action against each fish seller 
and/or fish buyer responsible for non-payment, non-collection, non-
deposit, and/or non-disbursement of the fee in accordance with this 
subpart to enforce the collection from such fish seller and/or fish 
buyer of any fee (including penalties and all costs of collection) due 
and owing the United States on account of the loan that such fish seller 
and/or fish buyer should have, but did not, pay, collect, deposit, and/
or disburse in accordance with this subpart. All such loan recoveries 
shall be applied to reduce the unpaid balance of the loan.
    (g) Prohibitions and penalties. (1) The following activities are 
prohibited, and it is unlawful for anyone to:
    (i) Avoid, decrease, interfere with, hinder, or delay payment or 
collection of, or otherwise fail to fully and properly pay or collect, 
any fee due and payable under this subpart or convert, or otherwise use 
for any purpose other than the purpose this subpart intends, any paid or 
collected fee;
    (ii) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the subaccount's 
lockbox account--all as this subpart requires;
    (iii) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS-all as this subpart 
requires;
    (iv) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (v) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (vi) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (vii) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents conduct, or attempt to conduct, in connection with any of 
the matters in this subpart; and/or
    (viii) Otherwise materially interfere with the efficient and 
effective repayment of the loan.

[[Page 162]]

    (2) Anyone who violates one or more of the prohibitions of paragraph 
(a) of this section is subject to the full range of penalties the 
Magnuson-Stevens Act and 15 CFR part 904 provide (including, but not 
limited to: civil penalties, sanctions, forfeitures, and punishment for 
criminal offenses) and to the full penalties and punishments otherwise 
provided by any other applicable law of the United States.



Sec. 600.1102  Pacific Coast groundfish fee.

    (a) Purpose. This section implements the fee for repaying the 
reduction loan financing the Pacific Coast Groundfish Program authorized 
by section 212 of Division B, Title II, of Public Law 108-7 and 
implemented by a final notification in the Federal Register (July 18, 
2003; 68 FR 42613).
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L expressly apply to this section. 
The following terms have the following meanings for the purpose of this 
section:
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery, in any or all of the fee-share fisheries, or in both 
the reduction fishery and any or all of the fee-share fisheries.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in an account maintained at a federally insured financial 
institution for the purpose of aggregating collected fee revenue before 
sending the fee revenue to NMFS for repaying the reduction loan.
    Fee fish means all fish harvested from the reduction fishery during 
the period in which any portion of the reduction fishery's subamount is 
outstanding and all fish harvested from each of the fee-share fisheries 
during the period in which any portion of each fee-share fishery's 
subamount is outstanding.
    Fee-share fishery means each of the fisheries for coastal Dungeness 
crab and pink shrimp in each of the States of California and Oregon and 
the fishery for coastal Dungeness crab and ocean pink shrimp in the 
State of Washington.
    Fee-share fishery subaccount means each of the six subaccounts 
established in the groundfish program's fund subaccount in which each of 
the six fee-share fishery subamounts are deposited.
    Reduction fishery means all species in, and that portion of, the 
limited entry trawl fishery under the Federal Pacific Coast Groundfish 
Fishery Management Plan that is conducted under permits, excluding those 
registered to whiting catcher-processors, which are endorsed for trawl 
gear operation.
    Reduction fishery subaccount means the subaccount established in the 
groundfish program's fund subaccount in which the reduction fishery 
subamount is deposited.
    Subamount means each portion of the reduction loan's original 
principal amount which is allocated either to the reduction fishery or 
to any one of the fee-share fisheries.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $35,662,471.
    (d) Subamounts. The subamounts of the reduction loan amount are:
    (1) Reduction fishery, $28,428,719; and
    (2) Fee-share fisheries:
    (i) California coastal Dungeness crab fee-share fishery, $2,334,334,
    (ii) California pink shrimp fee-share fishery, $674,202,
    (iii) Oregon coastal Dungeness crab fee-share fishery, $1,367,545,
    (iv) Oregon pink shrimp fee-share fishery, $2,228,845,
    (v) Washington coastal Dungeness crab fee-share fishery, $369,426, 
and
    (vi) Washington ocean pink shrimp fee-share fishery, $259,400.
    (e) Interest accrual inception. Interest began accruing on each 
portion of the reduction loan amount on and from the date each such 
portion was disbursed.
    (f) Interest rate. The reduction loan's interest rate is 6.97 
percent. This is a fixed rate of interest for the full term of the 
reduction loan's life.
    (g) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term shall be 30 years from March 1, 2004, 
but each fee shall continue for as long as necessary to fully repay each 
subamount.

[[Page 163]]

    (h) Reduction loan. The reduction loan shall be subject to the 
provisions of Sec. 600.1012 of subpart L, except that:
    (1) The borrower's obligation to repay the reduction loan shall be 
discharged by fish sellers in the reduction fishery and in each of the 
fee-share fisheries paying the fee applicable to each such fishery's 
subamount in accordance with Sec. 600.1013 of subpart L, and
    (2) Fish buyers in the reduction fishery and in each of the fee-
share fisheries shall be obligated to collect the fee applicable to each 
such fishery's subamount in accordance with Sec. 600.1013 of this 
subpart.
    (i) Fee collection, deposits, disbursements, records, and reports. 
Fish buyers in the reduction fishery and in each of the fee share 
fisheries shall deposit and disburse, as well as keep records for and 
submit reports about, the fees applicable to each such fishery in 
accordance with Sec. 600.1014 of this subpart, except that:
    (1) Deposit accounts. Each fish buyer that this section requires to 
collect a fee shall maintain an account at a federally insured financial 
institution for the purpose of depositing collected fee revenue and 
disbursing the deposit principal directly to NMFS in accordance with 
paragraph (i)(3) of this section. The fish buyer may use this account 
for other operational purposes as well, but the fish buyer shall ensure 
that the account separately accounts for all deposit principal collected 
from the reduction fishery and from each of the six fee-share fisheries. 
The fish buyer shall separately account for all fee collections as 
follows:
    (i) All fee collections from the reduction fishery shall be 
accounted for in a reduction fishery subaccount,
    (ii) All fee collections from the California pink shrimp fee-share 
fishery shall be accounted for in a California shrimp fee-share fishery 
subaccount,
    (iii) All fee collections from the California coastal Dungeness crab 
fishery shall be accounted for in a California crab fee-share fishery 
subaccount,
    (iv) All fee collections from the Oregon pink shrimp fee-share 
fishery shall be accounted for in an Oregon shrimp fee-share fishery 
subaccount,
    (v) All fee collections from the Oregon coastal Dungeness crab fee-
share fishery shall be accounted for in an Oregon crab fee-share fishery 
subaccount,
    (vi) All fee collections from the Washington ocean pink shrimp fee-
share fishery shall be accounted for in a Washington ocean shrimp fee-
share fishery subaccount, and
    (vii) All fee collections from the Washington coastal Dungeness crab 
fishery shall be accounted for in a Washington crab fee-share fishery 
subaccount;
    (2) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each month, shall deposit, in the deposit account 
established under paragraph (i)(1) of this section, all collected fee 
revenue not previously deposited that the fish buyer collects through a 
date not more than two calendar days before the date of deposit. The 
deposit principal may not be pledged, assigned, or used for any purpose 
other than aggregating collected fee revenue for disbursement to the 
fund in accordance with paragraph (i)(3) of this section. The fish buyer 
is entitled, at any time, to withdraw interest (if any) on the deposit 
principal, but never the deposit fee principal itself, for the fish 
buyer's own use and purposes;
    (3) Deposit principal disbursement. Not later than the 14th calendar 
day after the last calendar day of each month, or more frequently if the 
amount in the account exceeds the account limit for insurance purposes, 
the fish buyer shall disburse to NMFS the full deposit principal then in 
the deposit account, provided that the deposit principal then totals 
$100 or more. If the deposit principal then totals less than $100, the 
fish buyer need not disburse the deposit principal until either the next 
month during which the deposit principal then totals $100 or more, or 
not later than the 14th calendar day after the last calendar day of any 
year in which the deposit principal has not since the last required 
disbursement totaled $100 or more, whichever comes first. The fish buyer 
shall disburse deposit principal by check made payable to the groundfish 
program's fund subaccount. The fish buyer shall mail each such check

[[Page 164]]

to the groundfish program's fund subaccount lockbox that NMFS 
establishes for the receipt of groundfish program disbursements. Each 
disbursement shall be accompanied by the fish buyer's fee collection 
report completed in the manner and form which NMFS specifies. NMFS will, 
before fee payment and collection begins, specify the groundfish 
program's fund subaccount lockbox and the manner and form of fee 
collection report. NMFS will do this by means of the notification in 
Sec. 600.1013(d) of subpart L. NMFS' fee collection report instructions 
will include provisions for the fish buyer to specify the amount of each 
disbursement which was disbursed from the reduction fishery subaccount 
and/or from each of the six fee-share fishery subaccounts;
    (4) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (i) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (A) The date of delivery,
    (B) The fish seller's identity,
    (C) The weight, number, or volume of each species of fee fish 
delivered,
    (D) Information sufficient to specifically identify the fishing 
vessel which delivered the fee fish,
    (E) The delivery value of each species of fee fish,
    (F) The net delivery value of each species of fee fish,
    (G) The identity of the payor to whom the net delivery value is 
paid, if different than the fish seller,
    (H) The date the net delivery value was paid,
    (I) The total fee amount collected as a result of all fee fish, and
    (J) The total fee amount collected as a result of all fee fish from 
the reduction fishery and/or all fee fish from each of the six fee-share 
fisheries; and
    (ii) For all collected fee deposits to, and disbursements of deposit 
principal from, the deposit account include:
    (A) The date of each deposit,
    (B) The total amount deposited,
    (C) The total amount deposited in the reduction fishery subaccount 
and/or in each of the six fee-share fishery subaccounts,
    (D) The date of each disbursement to the Fund's lockbox,
    (E) The total amount disbursed,
    (F) The total amount disbursed from the reduction fishery subaccount 
and/or from each of the six fee-share fishery subaccounts, and
    (G) The dates and amounts of disbursements to the fish buyer, or 
other parties, of interest earned on deposits; and
    (5) Annual report. No fish buyer needs to submit an annual report 
about fee fish collection activities unless, during the course of an 
audit under Sec. 600.1014(g), NMFS requires a fish buyer to submit such 
a report or reports.
    (j) Other provisions. The reduction loan is, in all other respects, 
subject to the provisions of Sec. 600.1012 through applicable portions 
of Sec. 600.1017, except Sec. 600.1014(e).

[70 FR 40229, July 13, 2005, as amended at 71 FR 28, Jan. 3, 2006]



Sec. 600.1103  Bering Sea and Aleutian Islands (BSAI) Crab species 
program.

    (a) Purpose. This section's purpose is to implement the program that 
Section 144(d) of Division B of Pub. L. 106-554, as amended by section 
2201 of Pub. L. 107-20 and section 205 of Pub. L. 107-117, enacted for 
BSAI crab species.
    (b) Terms. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 expressly apply to the program for BSAI crab. 
Likewise, the terms defined in Sec. 679.2 of this chapter also apply to 
terms not otherwise defined in either Sec. 600.1000 or this section. 
The following terms used in this section have the following meanings for 
the purpose of this section:
    Acceptance means NMFS' acceptance, on behalf of the United States, 
of a bid.
    Bid means a bidder's irrevocable offer, in response to an invitation 
to bid under this section, to surrender, to have revoked, to have 
restricted, to relinquish, to have withdrawn, or to have extinguished by 
other means, in the manner this section requires, the bidder's reduction 
fishing interest.
    Bid amount means the dollar amount of each bid.

[[Page 165]]

    Bidder means either a qualifying bidder bidding alone or a 
qualifying bidder and a co-bidder bidding together who at the time of 
bidding holds the reduction fishing interests specified at Sec. 
600.1018(e).
    Bid crab means the crab that NMFS determines each bidder's 
reduction/history vessel (see definition) harvested, according to the 
State of Alaska's records of the documented harvest of crab, from each 
reduction endorsement fishery and from the Norton Sound fishery during 
the most recent 5 calendar years in which each reduction endorsement 
fishery was for any length of time open for directed crab fishing during 
a 10-calendar-year period beginning on January 1, 1990, and ending on 
December 31, 1999.
    Bid score means the criterion by which NMFS decides in what order to 
accept bids in the reverse auction this section specifies.
    Co-bidder means a person who is not a qualifying bidder, but who at 
the time of bidding owns the reduction/privilege vessel this section 
requires to be included in a bid and is bidding together with a 
qualifying bidder.
    Crab means the crab species covered by the Fishery Management Plan 
for the Bering Sea/Aleutian Islands King and Tanner Crabs pursuant to 
Sec. 679.2 of this chapter.
    Crab license means a License Limitation Program license for crab 
issued pursuant to Sec. 679.4(k)(5) of this chapter.
    Crab reduction permit means a non-interim crab license endorsed for 
one or more reduction endorsement fisheries, regardless of whether it is 
also endorsed for the Norton Sound fishery.
    FSD means NMFS' Financial Services Division, located in NMFS' Silver 
Spring, MD, headquarters office.
    Non-crab reduction permit means a fishing license, including all of 
its predecessor history, for which a bidder is the holder of record on 
December 12, 2003 and which was issued based on the fishing history of 
the bidder's -reduction/history vessel.
    Norton Sound fishery means the non-reduction fishery defined in 
Sec. 679.2 of this chapter as the area/species endorsement for Norton 
Sound red king and Norton Sound blue king crab.
    NVDC means the U.S. Coast Guard's National Vessel Documentation 
Center located in Falling Waters, WV.
    Qualifying bidder means a person who at the time of bidding is the 
license holder of record of a crab reduction permit.
    Qualifying voter means a person who at the time of voting in a 
referendum is the license holder of record either of an interim or a 
non-interim crab license, except a crab license whose sole area/species 
endorsement is for the Norton Sound fishery.
    RAM Program means NMFS' Restricted Access Management Program located 
in NMFS' Juneau, AK, regional office.
    Reduction endorsement fishery means any of the seven fisheries that 
Sec. 679.2 of this chapter defines as area/species endorsements except 
the area/species endorsement for the Norton Sound fishery.
    Reduction fishery means the fishery for all crab covered by the 
Bering Sea/Aleutian Islands King and Tanner Crabs Fishery Management 
Plan under all area/species endorsements that section 679.2 of the 
chapter defines, except the area/species endorsement for the Norton 
Sound fishery.
    Reduction fishing history means, for each bid, the complete 
documented harvest of the bidder's reduction/history vessel, upon any 
part of which such harvest NMFS based issuance of the crab license 
included in the bid as a crab reduction permit, plus such fishing 
history, after the issuance of such crab license, of any other vessel 
upon which the bidder used such crab license.
    Reduction fishing interest means, for each bid, the bidder's:
    (1) Reduction fishing privilege (see definition);
    (2) Crab reduction permit;
    (3) Non-crab reduction permit;
    (4) Reduction fishing history (see definition); and
    (5) Any other claim that could in any way qualify the owner, holder, 
or retainer of any of the reduction components, or any person claiming 
under such owner, holder, or retainer, for any present or future limited 
access system fishing license or permit in any United

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States fishery (including, but not limited to, any harvesting privilege 
or quota allocation under any present or future individual fishing quota 
system).
    Reduction fishing privilege means the worldwide fishing privileges 
of a bid's reduction/privilege vessel (see definition).
    Reduction/history vessel means the vessel or vessels which generated 
the reduction fishing history.
    Reduction loan sub-amount means the portion of the original 
principal amount of reduction loan this section specifies each reduction 
endorsement fishery must repay with interest.
    Reduction/privilege vessel means the vessel designated on a crab 
license on December 12, 2003.
    Referendum means a referendum under this section to determine 
whether voters approve the fee required to repay this program's 
reduction loan.
    Replacement vessel means a reduction/history vessel which replaced 
the lost or destroyed one whose reduction fishing history qualified 
during the general qualification period and the endorsement 
qualification period and, which under the exceptions in Amendment 10, 
qualified during the recent participation period.
    (c) Relationship to this subpart--(1) Provisions that apply. The 
provisions of Sec. 600.1000 through Sec. 600.1017 of this subpart 
apply to this program except as paragraph (c)(2) of this section 
provides; and
    (2) Provisions that do not apply. The following sections, or 
portions of them, of this subpart do not apply to this program:
    (i) All of:
    (A) Section 600.1001,
    (B) Section 600.1002,
    (C) Section 600.1003,
    (D) Section 600.1004,
    (E) Section 600.1005,
    (F) Section 600.1006, and
    (G) Section 600.1007,
    (ii) The portions of Sec. 600.1008:
    (A) Pertaining to an implementation plan,
    (B) Pertaining to a 60-day comment period for a proposed 
implementation regulation,
    (C) Pertaining to public hearings in each State that the this 
program affects,
    (D) Pertaining to basing the implementation regulation on a business 
plan,
    (E) Within paragraphs (d)(1)(ii) through (viii),
    (F) Within paragraph (d)(2)(ii),
    (G) Within paragraph (e), and
    (H) Within paragraph (f) and pertaining to fishing capacity 
reduction specifications and a subsidized program,
    (iii) The portions of Sec. 600.1009:
    (A) Pertaining to fishing capacity reduction specifications,
    (B) Within paragraph (a)(4),
    (C) Pertaining to a reduction amendment,
    (D) Within paragraph (a)(5)(ii), to the extent that the paragraph is 
inconsistent with the requirements of this section,
    (E) Within paragraph (b)(i), and
    (F) Pertaining to an implementation plan,
    (iv) The portions of Sec. 600.1010:
    (A) Within paragraph (b),
    (B) Pertaining to fishing capacity reduction specifications,
    (C) Within paragraph (d)(1), and
    (D) Within paragraphs (d)(4))(iv) through (vii),
    (v) The portions of Sec. 600.1011:
    (A) That comprise the last sentence of paragraph (a),
    (B) Within paragraph (d), and
    (C) Within paragraph (e)(2),
    (vi) The portions of Sec. 600.1012:
    (A) Within paragraph (b)(3) following the word ``subpart'', and
    (B) Within paragraph (b)(3), and
    (vii) The last sentence of Sec. 600.1014(f).
    (d) Reduction cost financing. NMFS will use the proceeds of a 
reduction loan, authorized for this purpose, to finance 100 percent of 
the reduction cost. The original principal amount of the reduction loan 
will be the total of all reduction payments that NMFS makes under 
reduction contracts. This amount shall not exceed $100 million.
    (e) Who constitutes a bidder. A bidder is a person or persons who is 
the:
    (1) Holder of record and person otherwise fully and legally entitled 
to offer, in the manner this section requires,

[[Page 167]]

the bid's crab reduction permit and the bid's non-crab reduction permit;
    (2) Reduction/privilege vessel owner, title holder of record, and 
person otherwise fully and legally entitled to offer, in the manner this 
section requires, the bid's reduction fishing privilege; and
    (3) Retainer and person otherwise fully and legally entitled to 
offer, in the manner this section requires, the bid's reduction fishing 
history.
    (f) How crab licenses determine qualifying bidders and qualifying 
voters--(1) Non-interim crab licenses. Each person who is the record 
holder of a non-interim crab license endorsed for one or more reduction 
endorsement fisheries is both a qualifying bidder and a qualifying voter 
and can both bid and vote;
    (2) Interim crab licenses. Each person who is the record holder of 
an interim crab license endorsed for one or more reduction endorsement 
fisheries is a qualifying voter but not a qualifying bidder and can vote 
but not bid;
    (3) Crab licenses endorsed solely for the Norton Sound Fishery. Each 
person who is the record holder of any crab license endorsed solely for 
the Norton Sound fishery is neither a qualifying bidder nor a qualifying 
voter and can neither bid nor vote; and
    (4) Time at which qualifying bidders and voters must hold required 
crab licenses. A qualifying bidder must be the record holder of the 
required crab license at the time the qualifying bidder submits its bid. 
A qualifying voter must be the record holder of the required crab 
license at the time the qualifying voter submits its referendum ballot.
    (g) Qualifying bidders and co-bidders--(1) Qualifying bidders 
bidding alone. There is no co-bidder when a qualifying bidder owns, 
holds, or retains all the required components of the reduction fishing 
interest;
    (2) Qualifying bidders bidding together with co-bidders. When a 
qualifying bidder does not own the reduction/privilege vessel, the 
person who does may be the qualifying bidder's co-bidder; and
    (3) Minimum reduction components that qualifying bidders must hold 
or retain when bidding with co-bidders. At a minimum, a qualifying 
bidder must hold the crab reduction permit and the non-crab reduction 
permit and retain the reduction fishing history. The reduction/privilege 
vessel may, however, be owned by another person who is a co-bidder.
    (h) Reduction fishing interest--(1) General requirements. Each 
bidder must:
    (i) In its bid, offer to surrender, to have revoked, to have 
restricted, to relinquish, to have withdrawn, or to have extinguished by 
other means, in the manner that this section requires, the reduction 
fishing interest,
    (ii) At the time of bidding, hold, own, or retain the reduction 
fishing interest and be fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest, and
    (iii) Continuously thereafter hold, own, or retain the reduction 
fishing interest and remain fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest until:
    (A) The bid expires without NMFS first having accepted the bid,
    (B) NMFS notifies the bidder that NMFS rejects the bid,
    (C) NMFS notifies the bidder that a reduction contract between the 
bidder and the United States no longer exists, or
    (D) NMFS tenders reduction payment to the bidder;
    (2) Reduction/privilege vessel requirements. The reduction/privilege 
vessel in each bid must be:
    (i) The vessel designated, at the time this final rule is published 
in the Federal Register, on a crab license which becomes a bid's crab 
reduction permit, and
    (ii) Be neither lost nor destroyed at the time of bidding;
    (3) Reduction fishing privilege requirements. The reduction fishing 
privilege in each bid must be the reduction/privilege vessel's:
    (i) Fisheries trade endorsement under the Merchant Marine Act, 1936 
(46 U.S.C.A. 12108),
    (ii) Qualification for any present or future U.S. Government 
approval under section (9)(c)(2) of the Shipping Act, 1916 (46 U.S.C. 
App. 808(c)(2)) for placement under foreign registry or operation under 
the authority of a foreign country, and

[[Page 168]]

    (iii) Any other privilege to ever fish anywhere in the world;
    (4) Crab reduction permit requirements. (i) Except as otherwise 
provided in paragraph (i) of this section, the crab reduction permit 
must in each bid:
    (A) Be the crab license that NMFS issued on the basis of the 
bidder's reduction fishing history,
    (B) Be non-interim at the time each bidder submits its bid, and
    (C) Include an area/species endorsement for any one or more 
reduction endorsement fisheries,
    (ii) Although the Norton Sound fishery is not a reduction 
endorsement fishery, an area/species endorsement for the Norton Sound 
fishery occurring on a crab reduction permit must be surrendered and 
revoked (and all fishing history involving it relinquished) in the same 
manner as all other reduction endorsement fisheries occurring on the 
crab reduction permit;
    (5) Non-crab reduction permit requirements. The non-crab reduction 
permit must in each bid be every license, permit, or other harvesting 
privilege that:
    (i) NMFS issued on the basis of the fishing history of the bidder's 
reduction/history vessel, and
    (ii) For which the bidder was the license holder of record on the 
effective date of this section; and
    (6) Reduction fishing history requirements. Except as otherwise 
provided in paragraph (i) of this section, the reduction fishing history 
in each bid must that of a single reduction/history vessel.
    (i) Exceptions to the reduction fishing interest requirements--(1) 
Lost or destroyed vessel salvaged. When a bidder has salvaged a lost or 
destroyed vessel and has made from the salvaged vessel the documented 
harvest of crab Sec. 679.4(k)(5)(iii)(B)(3) of this chapter requires, 
the crab portion of the reduction fishing history is the salvaged 
vessel's documented harvest of crab; and
    (2) Lost or destroyed vessel not salvaged. When a bidder has not 
salvaged the lost or destroyed vessel but has made from a replacement 
vessel the documented harvest of crab Sec. 679.4(k)(5)(iii)(B)(3) of 
this chapter requires:
    (i) The crab portion of the reduction fishing history is the total 
of the lost or destroyed vessel's documented harvest of crab through the 
date of such vessel's loss or destruction plus the replacement vessel's 
documented harvest of crab after such date, and
    (ii) For the purposes of this program, the lost or destroyed 
vessel's documented harvest of crab merges with, and becomes a part of, 
the replacement vessel's documented harvest of crab; and
    (3) Acquired crab fishing history. When a bidder, in the manner 
Sec. 679.4(k)(5)(iv) of this chapter requires, has made a documented 
harvest of crab from one vessel and has acquired a replacement vessel's 
documented harvest of crab:
    (i) The crab portion of the reduction fishing history is the total 
of the acquired documented harvest of crab through December 31, 1994, 
plus the documented harvest of crab after December 31, 1994, of the 
vessel from which the bidder made the documented crab harvest Sec. 
679.4(k)(5)(iv) of this chapter requires, and
    (ii) [Reserved]
    (iii) For the purposes of this program, the acquired documented 
harvest of crab merges with, and becomes a part of, the non-acquired 
documented harvest of crab.
    (j) Determining value of reduction/history vessels' bid crab--(1) In 
each fishery. NMFS will determine the dollar value of each reduction/
history vessel's bid crab in each reduction endorsement fishery and in 
the Norton Sound Fishery by multiplying each reduction/history vessel's 
number of pounds of each species of bid crab by the average ex-vessel 
price per pound that the State of Alaska annually publishes for each 
crab species in the bid crab; and
    (2) In all fisheries. NMFS will determine the dollar value of each 
reduction/history vessel's bid crab in all reduction endorsement 
fisheries and in the Norton Sound fishery by adding each of the products 
of the multiplications in paragraph (j)(1) of this section; and
    (3) Crab excluded from bid crab. A reduction/history vessel's bid 
crab may not include, to the extent that NMFS has knowledge:

[[Page 169]]

    (i) Triangle tanner crab, grooved tanner crab, and any other crab 
not involved in the various area/species endorsements,
    (ii) Discarded crab,
    (iii) Crab caught for personal use,
    (iv) Unspecified crab, and
    (v) Any other crab for which the dollar value, crab fishery, landing 
date, or harvesting vessel NMFS cannot, for whatever reason, determine.
    (k) Determining bid score. NMFS will determine each bid score by 
dividing each bid amount by the sum in paragraph (j)(2) of this section.
    (l) Determining reduction loan sub-amount--(1) Value of all bid crab 
in each fishery. NMFS will add the dollar value of bid crab of all 
accepted bidders' reduction/history vessels in each reduction 
endorsement fishery;
    (2) Value of all bid crab in all fisheries. NMFS will add the dollar 
value of bid crab of all accepted bidders' reduction/history vessels in 
all reduction endorsement fisheries plus the Norton Sound fishery;
    (3) Each fishery as a percentage of all fisheries. NMFS will divide 
each of the sums in paragraph (l)(1) of this section by the sum in 
paragraph (l)(2) of this section. The result of this calculation will be 
the dollar value of all bid crab in each reduction endorsement fishery 
as a percentage of the dollar value of all bid crab in all reduction 
endorsement fisheries plus the Norton Sound fishery;
    (4) Applying percentages to loan amount. NMFS will multiply the 
reduction loan's full original principal amount by each of the yields in 
paragraph (l)(3) of this section; and
    (5) Loan sub-amount. Each of the amounts resulting from the 
calculation in paragraph (l)(4) of this section will be the reduction 
loan subamount that a reduction endorsement fishery must repay.
    (m) Prospectively qualifying bidder and voter notification--(1) 
General. At the appropriate point before issuing an invitation to bid, 
NMFS will publish a notification in the Federal Register listing all 
persons who at the time of publishing the notification prospectively are 
qualifying bidders and qualifying voters;
    (2) Qualifying bidder list. The prospectively qualifying bidder list 
will include the names and addresses of record of each license holder of 
record for all non-interim crab licenses except only crab licenses whose 
sole area/species endorsement is for the Norton Sound fishery;
    (3) Qualifying voter list. The prospectively qualifying voter list 
will include the names and addresses of record of each license holder of 
record for all non-interim and interim crab licenses except only crab 
licenses whose sole area/species endorsement is for the Norton Sound 
fishery;
    (4) Basis of lists. NMFS will base both the lists on the RAM 
Program's license holder records for crab licenses meeting the 
requirements of Sec. 679.4(k)(5) of this chapter as well as the 
requirements of this section;
    (5) Purpose. The purpose of the notification is to provide the 
public notice of:
    (i) The prospectively qualifying bidders, and
    (ii) The prospectively qualifying voters; and
    (6) Public comment. Any person who wants to comment about the 
notification has 30 days from the notification's publication date to do 
so. Persons should send their comments to both FSD and the RAM Program 
(at addresses that the notification will specify). Comments may address:
    (i) Persons who appear on one or more lists but should not,
    (ii) Persons who do not appear on one or more lists but should, and
    (iii) Persons who believe their names and/or business mailing 
addresses appearing on one or more lists are incorrect.
    (n) Invitation to bid--(1) Notification. At the appropriate point 
after issuing the notification in paragraph (m) of this section, NMFS 
will publish the invitation to bid in the Federal Register notification 
further specified in Sec. 600.1009(c) of this subpart, along with a 
bidding form and terms of capacity reduction agreement. No person may, 
however, bid at this stage;
    (2) Notification contents. The invitation to bid notification will 
state all applicable bid submission requirements

[[Page 170]]

and procedures (including, but not limited to, those included in this 
section). In particular, the invitation to bid notification will:
    (i) State the date on which NMFS will invite bids by mailing an 
invitation to bid to each person on the prospectively qualifying bidder 
list,
    (ii) State a bid opening date, before which a bidder may not bid, 
and a bid closing date, after which a bidder may not bid,
    (iii) State a bid expiration date after which each bid expires 
unless, prior to that date, NMFS accepts the bid by mailing a written 
acceptance notice to the bidder at the bidder's address of record,
    (iv) State the manner of bid submission and the information each 
bidder must submit for NMFS to deem a bid responsive,
    (v) State any other information required for bid submission, and
    (vi) Include a facsimile of the invitation to bid, along with a 
bidding form and terms of capacity reduction agreement comprising the 
entire terms and conditions of the reduction contract under which each 
bidder must bid and under which NMFS must accept a bid; and
    (3) Mailing. On the date specified in this notification, NMFS will 
invite bids by mailing the invitation to bid and a bidding package, 
including a bidding form terms of capacity reduction agreement, to each 
person then on the prospectively qualifying bidder list. NMFS will not 
mail the invitation to bid to any potential co-bidder because NMFS will 
not then know which bids may include a co-bidder. Each qualifying bidder 
is solely responsible to have any required co-bidder properly complete 
the bid. No person may bid before receiving the invitation to bid and 
the bidding package that NMFS mailed to that person.
    (o) Bids--(1) Content. Each invitation to bid that NMFS mails to a 
qualifying bidder will have a bid form requiring each bid to:
    (i) Identify, by name, regular mail address, telephone number, and 
(if available) electronic mail address, the qualifying bidder and each 
co-bidder,
    (ii) State the bid amount in U.S. dollars,
    (iii) Identify, by crab license number, the qualifying bidder's crab 
reduction permit and include an exact copy of this crab license (which 
the RAM Program issued),
    (iv) Identify, by vessel name and official number, the bidder's 
reduction/privilege vessel, and include an exact copy of this vessel's 
official document (which NVDC issued),
    (v) Identify, by license or permit number, each of the bidder's non-
crab reduction permits; and include an exact copy of each of these 
licenses or permits (which the RAM Program issued for licenses or 
permits involving species under the jurisdiction of NMFS' Alaska Region 
and which other NMFS offices issued for licenses or permits involving 
species under those offices' jurisdiction),
    (vi) Identify, separately for crab and for each other species:
    (A) The qualifying bidder's reduction fishing history, and
    (B) The dates that each portion of the reduction fishing history 
encompasses; the name and official number of the reduction/history 
vessel or vessels which gave rise to it; and the dates during which the 
qualifying bidder owned such vessels or, if the qualifying bidder 
acquired any reduction fishing history from another person, the name of 
the person from which the qualifying bidder acquired such reduction 
fishing history and the manner in which and the date on which the 
qualifying bidder did so,
    (vii) State, declare, and affirm that the qualifying bidder holds 
the crab reduction permit and retains the complete reduction fishing 
history, and is fully and legally entitled to offer both in the manner 
this section requires,
    (viii) State, declare, and affirm that either the qualifying bidder 
or the co-bidder owns the reduction/privilege vessel and holds the non-
crab reduction permit and is fully and legally entitled to offer both in 
the manner that this section requires, and
    (ix) Provide any other information or materials that NMFS believes 
is necessary and appropriate; and
    (2) Rejection. NMFS, regardless of bid scores, will reject any bid 
that NMFS

[[Page 171]]

believes is unresponsive to the invitation to bid. All bid rejections 
will constitute final agency action as of the date of rejection. Before 
rejection, NMFS may, however, contact any bidder to attempt to correct a 
bid deficiency if NMFS, in its discretion, believes the attempt 
warranted.
    (p) Acceptance--(1) Reverse auction. NMFS will determine which 
responsive bids NMFS accepts by using a reverse auction in which NMFS 
first accepts the responsive bid with the lowest bid score and 
successively accepts each additional responsive bid with the next lowest 
bid score until either there are no more responsive bids to accept or 
acceptance of the last responsive bid with the next lowest bid score 
would cause the reduction cost to exceed $100 million. If two or more 
responsive bid scores are exactly the same, NMFS will first accept the 
bid that NMFS first received;
    (2) Notification. NMFS will, after the conclusion of a successful 
referendum, notify accepted bidders that NMFS had, before the 
referendum, accepted their bids; and
    (3) Post-acceptance reduction permit transfer. After NMFS has 
accepted bids, neither the RAM Program (nor any other NMFS office) will 
transfer to other persons any reduction permits that accepted bidders 
included in the bids unless and until FSD advises the RAM Program (or 
some other NMFS office) that the resulting reduction contracts are no 
longer in effect because a referendum failed to approve the fee that 
this section requires to repay this program's reduction loan.
    (q) Reduction contracts subject to successful post-bidding 
referendum condition. Although this program involves no fishing capacity 
reduction specifications under this subpart, each bid, each acceptance, 
and each reduction contract is nevertheless subject to the successful 
post-bidding referendum condition that Sec. 600.1009(a)(3) of this 
subpart specifies for bidding results that do not conform to the fishing 
capacity reduction specifications.
    (r) Post-bidding referendum--(1) Purpose. NMFS will conduct a post-
bidding referendum whose sole purpose is to determine whether, based on 
the bidding results, qualifying voters who cast referendum ballots in 
the manner that this section requires authorize the fee required to 
repay this program's reduction loan;
    (2) Manner of conducting. NMFS will mail a referendum ballot to each 
person then on the prospectively qualifying voter list for each crab 
license that the person holds and otherwise conduct the referendum as 
specified in Sec. 600.1010 of this subpart;
    (3) One vote per crab license. Each qualifying voter may cast only 
one vote for each crab license that each qualifying voter holds;
    (4) Crab license numbers on ballots. Each referendum ballot that 
NMFS mails will contain the license number of the prospectively 
qualifying voter's crab license to which the ballot relates;
    (5) Potential reduction results stated. Each referendum ballot that 
NMFS mails will state the aggregate potential reduction results of all 
the bids that NMFS accepted, including:
    (i) The amount of reduction that all accepted bids potentially 
effect, including:
    (A) The number of crab reduction permits, together with each area/
species endorsement for which each of these licenses is endorsed,
    (B) The number of reduction/privilege vessels and reduction/history 
vessels, and
    (C) The aggregate and average dollar value of bid crab (together 
with the number of pounds of bid crab upon which NMFS based the dollar 
value), in each reduction endorsement fishery and in the reduction 
fishery, for all reduction/history vessels during the period for which 
NMFS calculates the dollar value of bid crab,
    (ii) The reduction loan sub-amount that each reduction endorsement 
fishery must repay if a referendum approves the fee, and
    (iii) Any other useful information NMFS may then have about the 
potential sub-fee rate initially necessary in each reduction endorsement 
fishery to repay each reduction loan sub-amount; and
    (6) Notice that condition fulfilled. If the referendum is 
successful, NMFS will notify accepted bidders, in the manner that Sec. 
600.1010(d)(6)(iii) of this subpart specifies, that a successful 
referendum

[[Page 172]]

has fulfilled the reduction contracts' successful post-bidding 
referendum condition specified in paragraph (q) of this section.
    (s) Reduction method. In return for each reduction payment, NMFS 
will permanently:
    (1) Revoke each crab reduction permit;
    (2) Revoke each non-crab reduction permit;
    (3) Revoke each reduction fishing privilege (which revocation will 
run with the reduction/privilege vessel's title in the manner Sec. 
600.1009(a)(5)(ii)(A) of this subpart requires and in accordance with 46 
U.S.C. 12108(d));
    (4) Effect relinquishment of each reduction fishing history for the 
purposes specified in this section by noting in the RAM Program records 
(or such other records as may be appropriate for reduction permits 
issued elsewhere) that the reduction fishing history has been 
relinquished under this section and will never again be available to 
anyone for any fisheries purpose; and
    (5) Otherwise restrict in accordance with this subpart each 
reduction/privilege vessel and fully effect the surrender, revocation, 
restriction, relinquishment, withdrawal, or extinguishment by other 
means of all components of each reduction fishing interest.
    (t) Reduction payment tender and disbursement--(1) Fishing continues 
until tender. Each accepted bidder may continue fishing as it otherwise 
would have absent the program until NMFS, after a successful referendum, 
tenders reduction payment to the accepted bidder;
    (2) Notification to the public. After a successful referendum but 
before tendering reduction payment, NMFS will publish a notification in 
the Federal Register listing all proposed reduction payments and putting 
the public on notice:
    (i) Of the crab reduction permits, the reduction/privilege vessels, 
the reduction fishing histories, and the non-crab reduction permits upon 
whose holding, owning, retaining, or other legal authority 
representations accepted bidders based their bids and NMFS based its 
acceptances, and
    (ii) That NMFS intends, in accordance with the reduction contracts, 
to tender reduction payments in return for the actions specified in 
paragraph (s) of this section;
    (3) Public response. The public has 30 days after the date on which 
NMFS publishes the reduction payment tender notification to advise NMFS 
in writing of any holding, owning, or retaining claims that conflict 
with the representations upon which the accepted bidders based their 
bids and on which NMFS based its acceptances;
    (4) Tender and disbursement parties. NMFS will tender reduction 
payments only to accepted bidders, unless otherwise provided contrary 
written instructions by accepted bidders. Creditors or other parties 
with secured or other interests in reduction/privilege vessels or 
reduction permits are responsible to make their own arrangements with 
accepted bidders;
    (5) Time of tender. At the end of the reduction payment tender 
notification period, NMFS will tender reduction payments to accepted 
bidders, unless NMFS then knows of a material dispute about an accepted 
bidder's authority to enter into the reduction contract with respect to 
any one or more components of the reduction fishing interest that 
warrants, in NMFS' discretion, an alternative course of action;
    (6) Method of tender and disbursement. NMFS will tender reduction 
payment by requesting from each accepted bidder specific, written 
instructions for paying the reduction payments. Upon receipt of these 
payment instructions, NMFS will immediately disburse reduction payments 
in accordance with the payment instructions; and
    (7) Effect of tender. Concurrently with NMFS' tender of reduction 
payment to each accepted bidder:
    (i) All fishing activity for any species anywhere in the world in 
any way associated with each accepted bidder's reduction fishing 
interest must cease,
    (ii) Each accepted bidder must retrieve all fixed fishing gear for 
whose deployment the accepted bidder's reduction/privilege vessel was 
responsible, and
    (iii) NMFS will fully exercise its reduction contract rights with 
respect to the reduction fishing interest by taking the actions 
specified in paragraph (s) of this section.

[[Page 173]]

    (u) Fee payment and collection--(1) Fish sellers who pay the fee. 
Any person who harvests any crab, but whom ADF&G's fisheries reporting 
requirements do not require to record and submit an ADF&G fish ticket 
for that crab, is a fish seller for the purpose of paying any fee on 
that crab and otherwise complying with the requirements of Sec. 
600.1013 of this subpart;
    (2) Fish buyers who collect the fee. Any person whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for any crab that another person harvested is a fish buyer 
for the purpose of collecting the fee on that crab and otherwise 
complying with the requirements of Sec. 600.1013 of this subpart; and
    (3) Persons who are both fish sellers and fish buyers and both pay 
and collect the fee. Any person who harvests any crab, and whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for that crab, is both a fish seller and a fish buyer for 
the purpose of paying and collecting the fee on that crab and otherwise 
complying with the requirements of Sec. 600.1013 of this subpart.
    (v) Fishing prohibition and penalties--(1) General. Fishing, for the 
purpose of this section, includes the full range of activities defined 
in the term ``fishing'' in the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801),
    (2) Prohibitions. Concurrently with NMFS' tender of each reduction 
payment, and with the sole exception in paragraph (t)(7)(i) of this 
section, no person whatsoever may, and it is unlawful for any person to:
    (i) Fish with or attempt to fish with, or allow others to fish with 
or attempt to fish with, the reduction/privilege vessel anywhere in the 
world for any species under any conditions and regardless of the 
reduction/privilege vessel's ownership or registry for so long as the 
reduction/privilege vessel exists. This prohibition includes, but is not 
limited to, fishing on the high seas or in the jurisdiction of any 
foreign country (to the extent prohibited by law) while operating under 
U.S. flag,
    (ii) Place or attempt to place, or allow others to place or attempt 
to place, the reduction/privilege vessel under foreign flag or registry,
    (iii) Operate or attempt to operate, or allow others to operate or 
attempt to operate, the reduction/privilege vessel under the authority 
of a foreign country to the extent prohibited by law,
    (iv) Otherwise avoid or attempt to avoid, or allow others to avoid 
or attempt to avoid, the revocation of the reduction fishing privilege 
with respect to any reduction/privilege vessel, and
    (v) Make any claim or attempt to make any claim, or allow others to 
claim or attempt to make any claim, for any present or future limited 
access fishing license or permit in any U.S. fishery (including, but not 
limited to, any quota allocation under any present or future individual 
quota allocation system) based in any way on any portion of a reduction 
fishing interest surrendered, revoked, restricted, relinquished, 
withdrawn, or extinguished by other means under this section; and
    (3) Penalties. The activities that this paragraph prohibits are 
subject to the full penalties provided in Sec. 600.1017 of this 
subpart, and immediate cause for NMFS to take action to, among other 
things:
    (i) At the reduction/privilege vessel owner's expense, seize and 
scrap the reduction/privilege vessel, and
    (ii) Pursue such other remedies and enforce such other penalties as 
may be applicable.
    (w) Program administration--(1) FSD responsibilities. FSD is 
responsible for implementing and administering this program. FSD will:
    (i) Issue all notifications and mailings that this section requires,
    (ii) Prepare and issue the invitation to bid,
    (iii) Receive bids,
    (iv) Reject bids,
    (v) Score bids,
    (vi) Make acceptances,
    (vii) Prepare and issue referendum ballots,
    (viii) Receive referendum ballots,
    (ix) Tally referendum ballots,
    (x) Determine referendum success or failure,
    (xi) Tender and disburse reduction payments,
    (xii) Administer reduction contracts,

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    (xiii) Administer fees and reduction loan repayment, and
    (xiv) Discharge all other management and administration functions 
that this section requires;
    (2) RAM Program responsibilities. Upon FSD's advice, the RAM Program 
(for fishing licenses under the jurisdiction of NMFS's Alaska Region) 
and any other appropriate NMFS authority (for fishing licenses under the 
jurisdiction of any other NMFS office) will revoke reduction permits and 
effect the surrender of fishing histories in accordance with this 
section; and
    (3) NVDC and MARAD responsibilities. FSD will advise NVDC, MARAD, 
such other agency or agencies as may be involved, or all of them to 
revoke reduction/privilege vessels' fisheries trade endorsements and 
otherwise restrict reduction/privilege vessels in accordance with this 
section.
    (x) Reduction loan and reduction loan sub-amounts. [Reserved]

[68 FR 69337, Dec. 12, 2003. Redesignated at 69 FR 53362, Sept. 1, 2004]



Sec. 600.1104  Bering Sea and Aleutian Islands (BSAI) crab species
fee payment and collection system.

    (a) Purpose. As authorized by Public Law 106-554, this section's 
purpose is to:
    (1) In accordance with Sec. 600.1012 of subpart L, establish:
    (i) The borrower's obligation to repay a reduction loan, and
    (ii) The loan's principal amount, interest rate, and repayment term; 
and
    (2) In accordance with Sec. 600.1013 through Sec. 600.1016 of 
subpart L, implement an industry fee system for the reduction fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L and Sec. 600.1103 of this 
subpart expressly apply to this section. The following terms have the 
following meanings for the purpose of this section:
    Crab rationalization crab means the same as in Sec. 680.2 of this 
chapter.
    Crab rationalization fisheries means the same as in Sec. 680.2 of 
this chapter.
    Reduction endorsement fishery means any of the seven fisheries that 
Sec. 679.2 of this chapter formerly (before adoption of part 680 of 
this chapter) defined as crab area/species endorsements, except the 
area/species endorsement for Norton Sound red king. More specifically, 
the reduction endorsement fisheries, and the crab rationalization 
fisheries which (after adoption of part 680 of this chapter) correspond 
to the reduction endorsement fisheries, are:
    (1) Bristol Bay red king (the corresponding crab rationalization 
fishery is Bristol Bay red king crab),
    (2) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi 
(the corresponding crab rationalization fisheries are two separate 
fisheries, one for Bering Sea snow crab and another for Bering Sea 
Tanner crab),
    (3) Aleutian Islands brown king (the corresponding crab 
rationalization fisheries are the two separate fisheries, one for 
Eastern Aleutian Islands golden king crab and another for Western 
Aleutian Islands golden king crab),
    (4) Aleutian Islands red king (the corresponding crab 
rationalization fishery is Western Aleutian Islands red king crab),
    (5) Pribilof red king and Pribilof blue king (the corresponding crab 
rationalization fishery is Pribilof red king and blue king crab), and
    (6) St. Matthew blue king (the corresponding crab rationalization 
fishery is also St. Matthew blue king crab).
    Reduction fishery means the fishery for all crab rationalization 
crab, excluding CDQ allocations, in all crab rationalization fisheries.
    Sub-amount means the portion of the reduction loan amount for whose 
repayment the borrower in each reduction endorsement fishery is 
obligated.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $97,399,357.11.
    (d) Sub-amounts. The sub-amounts are:
    (1) For Bristol Bay red king, $17,129,957.23;
    (2) For Bering Sea and Aleutian Islands Area C. opilio and C. 
bairdi, $66,410,767.20;
    (3) For Aleutian Islands brown king, $6,380,837.19;
    (4) For Aleutian Islands red king, $237,588.04;
    (5) For Pribilof red king and Pribilof blue king, $1,571,216.35; and

[[Page 175]]

    (6) For St. Matthew blue king, $5,668,991.10.
    (e) Interest accrual from inception. Interest began accruing on each 
portion of the reduction loan amount on and from the date on which NMFS 
disbursed each such portion.
    (f) Interest rate. The reduction loan's interest rate shall be the 
applicable rate which the U.S. Treasury determines at the end of fiscal 
year 2005 plus 2 percent.
    (g) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term is 30 years from January 19, 2005, but 
each fee shall continue indefinitely for as long as necessary to fully 
repay each subamount.
    (h) Reduction loan repayment. (1) The borrower shall, in accordance 
with Sec. 600.1012, repay the reduction loan;
    (2) Fish sellers in each reduction endorsement fishery shall, in 
accordance with Sec. 600.1013, pay the fee at the rate applicable to 
each such fishery's subamount;
    (3) Fish buyers in each reduction endorsement fishery shall, in 
accordance with Sec. 600.1013, collect the fee at the rate applicable 
to each such fishery;
    (4) Fish buyers in each reduction endorsement fishery shall in 
accordance with Sec. 600.1014, deposit and disburse, as well as keep 
records for and submit reports about, the fees applicable to each such 
fishery; except the requirements specified under paragraph (c) of this 
section concerning the deposit principal disbursement shall be made to 
NMFS not later than the 7th calendar day of each month; and the 
requirements specified under paragraph (e) of this section concerning 
annual reports which shall be submitted to NMFS by July 1 of each 
calendar year; and,
    (5) The reduction loan is, in all other respects, subject to the 
provisions of Sec. 600.1012 through Sec. 600.1017.

[70 FR 54656, Sept. 16, 2005, as amended at 71 FR 27210, May 10, 2006]



Sec. 600.1105  Longline catcher processor subsector of the Bering Sea
and Aleutian Islands (BSAI) non-pollock groundfish fishery program.

    (a) Purpose. This section implements the capacity reduction program 
that Title II, Section 219(e) of Public Law 108-447 enacted for the 
longline catcher processor subsector of the Bering Sea and Aleutian 
Islands (BSAI) non-pollock groundfish fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L of this part expressly apply to 
this section. The following terms have the following meanings for the 
purpose of this section:
    Act means Title II, Section 219 of Public Law 108-447.
    AI means the Aleutian Islands.
    Application Form means the form published on the FLCC's website that 
sets forth whether the qualifying LLP License is a Latent License and 
identifies the individual(s) authorized to execute and deliver Offers 
and Offer Ranking Ballots on behalf of the Subsector Member.
    Auditor means Jack V. Tagart, Ph.D., d.b.a. Tagart Consulting.
    Authorized Party means the individuals authorized by Subsector 
Members on the application form to execute and submit Offers, Rankings, 
protests and other documents and/or notices on behalf of Subsector 
Member.
    Ballot means the form found on the auditor's website used to cast a 
vote in favor of, or in opposition to, the currently Selected Offers.
    BS means the Bering Sea.
    BSAI means the Bering Sea and the Aleutian Islands.
    BSAI Pacific Cod ITAC means the Total Allowable Catch for Pacific 
cod after the subtraction of the 7.5 percent Community Development 
Program reserve.
    Capacity Reduction Agreement or Reduction Agreement means an 
agreement entered into by the Subsector Members and the FLCC under which 
the FLCC is permitted to develop and submit a Capacity Reduction Plan to 
the Secretary.
    Certificate of Documentation (COD) means a document issued by the 
U.S. Coast Guard's National Documentation Center that registers the 
vessel with the United States Government.
    Closing Vote means a vote held pursuant to paragraph (d)(7) of this 
section, after two-thirds (\2/3\) or more of the Nonoffering Subsector 
Members submit Ranking Forms electing to accept the

[[Page 176]]

Selected Offerors and close the Selection Process, and there are no 
unresolved Protests or Arbitrations.
    Current Offer means an Offer submitted by a Subsector Member to the 
Auditor during any Submission Period and, with regard to such Offer, 
Offeror has not become a Rejected Offeror. The term ``Current Offer'' 
includes Selected Offers.
    Current Offeror means an Offering Subsector Member that has 
submitted an Offer to the Auditor during any Submission Period and, with 
regard to such Offer, Offeror has not become a Rejected Offeror. The 
term ``Current Offeror'' includes Selected Offerors.
    Database means the online LLP License database maintained by NMFS as 
downloaded by the Auditor pursuant to paragraph (c)(1) of this section.
    Effective Date means the date the Capacity Reduction Agreement 
becomes effective pursuant to section 4.e of the Capacity Reduction 
Agreement.
    Fishing Capacity Reduction Contract or Reduction Contract means the 
contract that any Current Offeror must sign and agree to abide by if 
NMFS accepts the offer by signing the Reduction Contract.
    FLCC Counsel means Bauer Moynihan & Johnson LLP or other counsel 
representing the FLCC in any review or arbitration under the Capacity 
Reduction Agreement.
    Latent License means an LLP License on which a vessel was not 
designated at the time an Offer is submitted.
    LLP License means a Federal License Limitation Program groundfish 
license issued pursuant to Sec. 679.4(k) of this chapter or successor 
regulation that is noninterim and transferable, or that is interim and 
subsequently becomes noninterim and transferable, and that is endorsed 
for BS or AI catcher processor fishing activity, C/P, Pacific cod and 
hook and line gear.
    Longline Subsector means the longline catcher processor subsector of 
the BSAI non-pollock groundfish fishery as defined in the Act.
    Longline Subsector ITAC means the longline catcher processor 
subsector remainder of the Total Allowable Catch after the subtraction 
of the 7.5 percent Community Development Program reserve.
    Nonoffering Subsector Member shall have the meaning ascribed thereto 
in paragraph (d)(5)(i) of this section.
    Offer Content means all information included in Offers submitted to 
the Auditor pursuant to paragraph (d)(2)(ii) of this section.
    Offer Form means the form found on the Auditor's website used to 
make an offer.
    Offer(s) means a binding offer(s) from a Subsector Member to sell 
its LLP, right to participate in the fisheries, the fishing history 
associated with such LLP, and any vessel set forth on the Offer Form 
submitted by Offeror pursuant to the terms of this Capacity Reduction 
Agreement.
    Opening Date means the first Monday following the Effective Date set 
forth in paragraph (c)(3) of this section.
    Person includes any natural person(s) and any corporation, 
partnership, limited partnership, limited liability company, association 
or any other entity whatsoever, organized under the laws of the United 
States or of a state.
    Prequalification Offer shall have the meaning ascribed thereto in 
paragraph (d)(2)(iii) of this section.
    Ranking Form means the form posted by the Auditor pursuant to 
paragraph (d)(5)(iii) of this section.
    Ranking Period shall have the meaning ascribed thereto in paragraph 
(d)(5)(ii) of this section.
    Reduction Fishery means the BSAI non-pollock groundfish fishery.
    Reduction Fishing Interests shall have the meaning ascribed thereto 
in the Fishing Capacity Reduction Contract.
    Reduction Plan means a business plan prepared by the Subsector 
Members in accordance with Section 1 of the Capacity Reduction Agreement 
and forwarded to the Secretary for approval.
    Reduction Privilege Vessel means the vessel listed on the Offeror's 
License Limitation Program license.
    Rejected Offer means an Offer that has been through one or more 
Rankings and is not a Selected Offer following the latest Ranking 
Period, with respect to which the Offering Subsector Member's 
obligations have terminated pursuant to paragraphs (d)(2)(i) and 
(d)(6)(v) of this section.
    Rejected Offeror means a Subsector Member that has submitted an 
Offer

[[Page 177]]

which has been ranked and was not posted as a Selected Offer pursuant to 
paragraph (d)(6)(ii) of this section.
    Restricted Access Management (RAM) means the Restricted Access 
Management Program in the Alaska Region, NMFS, located in Juneau, 
Alaska.
    Secretary means the Secretary of Commerce or a designee.
    Selected Offer shall have the meaning ascribed thereto in paragraph 
(d)(6)(iv) of this section.
    Selected Offeror means a Subsector Member that has submitted an 
Offer which has been ranked and is posted as a Selected Offer pursuant 
to paragraph (d)(6)(ii) of this section.
    Selection Process means the process set forth in paragraph (d) of 
this section for selecting the fishing capacity to be removed by the 
Reduction Plan.
    Submission Period(s) or Submitting Period(s) shall have the meaning 
ascribed thereto in paragraph (d)(3)(ii) of this section.
    Subsector Member(s) means a member(s) of the Longline Subsector.
    Web site means the internet Web site developed and maintained on 
behalf of the FLCC for implementation of the Selection Process described 
herein with a URL address of http://www.freezerlonglinecoop.org.
    (c) Qualification and enrollment of subsector members--(1) 
Distribution. A copy of the Reduction Agreement, Application Form, and 
Reduction Contract shall be mailed to each holder of record of an LLP 
License endorsed for BS or AI catcher processor activity, C/P, Pacific 
cod and hook and line gear, as the Auditor determines from the Database 
downloaded by the Auditor as of January 30, 2006, regardless of whether 
the LLP License is indicated in the Database as noninterim and 
transferable or otherwise.
    (2) Application. Any person, regardless of whether having received 
the mailing described in paragraph (c)(1) of this section, may as a 
Subsector Member apply to enroll with the FLCC to participate in the 
Reduction Program, by submitting all of the following documents:
    (i) Fully executed Reduction Agreement;
    (ii) Photocopy of the LLP License(s) evidencing Subsector Member's 
qualification as a member of the Longline Subsector;
    (iii) Unless applying as the holder of a Latent License, a photocopy 
of Federal Fisheries Permit for the vessel(s) designated on the LLP 
License(s) on the date the Reduction Agreement is signed by the 
Subsector Member;
    (iv) Unless applying as the holder of a Latent License, a photocopy 
of the Certificate of Documentation (COD) for the vessel(s) designated 
on the LLP License(s) on the date the Reduction Agreement is signed by 
the Subsector Member; and
    (v) An executed Application Form which sets forth whether the 
qualifying LLP License is a Latent License and identifies the 
individual(s) authorized to execute and deliver Offers and Offer Ranking 
Ballots on behalf of the Subsector Member.
    (3) Examination by Auditor--(i) In general. Each application must be 
submitted to the Auditor who will examine applications for completeness 
and inconsistencies, whether on the face of the documents or with the 
Database. Any application which is incomplete or which contains 
inconsistencies shall be invalid. The Auditor shall notify by e-mail or 
mail an applicant of the basis for the Auditor's finding an application 
invalid. An applicant may resubmit a revised application. If the 
application meets all requirements, the Auditor may accept the 
application as valid and enroll the applicant.
    (ii) Interim LLP Licenses. If an LLP License is interim and/or 
nontransferable, the applicant's enrollment shall be accepted as a 
Subsector Member and may fully participate in the Selection Process. 
However, any posting of an Offer submitted with respect to such LLP 
License shall note the status of such LLP License until that Subsector 
Member submits to the Auditor a letter from the RAM confirming that it 
is within the Subsector Member's control to cause the qualifying LLP 
License to be issued as noninterim and transferable upon withdrawal of 
all applicable appeals.
    (4) Enrollment period. Applications that meet all requirements will 
be accepted until the Selection Process is completed.

[[Page 178]]

    (5) Effective date. The Effective Date of any Reduction Agreement 
shall be ten (10) calendar days after written notice is sent by the 
Auditor to each holder of record of an LLP License endorsed for BS or AI 
catcher processor activity, C/P, Pacific cod and hook and line gear (as 
determined by the Auditor from the Auditor's examination of the 
Database) advising that the number of Subsector Members that have 
delivered to the Auditor a complete Application, including a fully 
executed Reduction Agreement, exceeds seventy percent (70 percent) of 
the members of the Longline Subsector (as determined by the Auditor from 
the Auditor's examination of the Database).
    (6) Notice. All notices related to the effective date of the 
Reduction Agreement shall be sent by the Auditor via registered mail.
    (7) Withdrawal. A Subsector Member, unless such Subsector Member is 
a Current Offeror or Selected Offeror, may terminate the Reduction 
Agreement at any time with respect to that Subsector Member by giving 
ten (10) calendar days written notice to the Auditor preferably via e-
mail. Withdrawal of a Subsector Member shall not affect the validity of 
the Reduction Agreement with respect to any other Subsector Members. 
Once effective, the Reduction Agreement shall continue in full force and 
effect regardless of whether subsequent withdrawals reduce the number of 
Subsector Members below that level required to effectuate the Reduction 
Agreement. Attempted withdrawal by a Current Offeror or Selected Offeror 
shall be invalid, and such Offer shall remain a binding, irrevocable 
Offer, unaffected by the attempted withdrawal.
    (d) Selection of fishing capacity to be removed by Reduction Plan. 
The fishing capacity removed by the Reduction Plan will be the Reduction 
Fishing Interests voluntarily offered through the Reduction Plan by 
offering Subsector Members and as selected by the Nonoffering Subsector 
Members, up to an aggregate amount of thirty six million dollars 
($36,000,000) as set forth in this paragraph (d).
    (1) Overview. The Selection Process will begin upon the Effective 
Date of the Reduction Agreement. The Selection Process will alternate on 
a weekly basis between:
    (i) Submitting Periods, during which individual Subsector Members 
may submit Offers of fishing capacity they wish to include in the 
Reduction Plan; and
    (ii) Ranking Periods, during which Nonoffering Subsector Members 
will rank the submitted Offers.
    (2) Offers--(i) Binding agreement. An Offer from a Subsector Member 
shall be a binding, irrevocable offer from a Subsector Member to 
relinquish to NMFS the Reduction Fishing Interests for the price set 
forth on the Offer contingent on such Offer being a Selected Offer at 
the closing of the Selection Process. Once submitted, an Offer may not 
be revoked or withdrawn while that Offer is a Current Offer or Selected 
Offer. An Offer that is submitted by a Subsector Member, but is not a 
Selected Offer during the subsequent Ranking Period, shall be deemed to 
be terminated and the Subsector Member shall have no further obligation 
with respect to performance of that Offer.
    (ii) Offer content. All Offers submitted to the Auditor shall 
include the following information: LLP License number; LLP License 
number(s) of any linked crab LLP Licenses; license MLOA (MLOA--maximum 
length overall of a vessel is defined at Sec. 679.2 of this chapter); 
the license area, gear and species endorsements; a summary of the 
Pacific cod catch history for the calendar years 1995-2004; and the 
offered price. The Offer shall also state whether a vessel is currently 
designated on the LLP License and as such will be withdrawn from all 
fisheries if the Offer is selected for reduction in the Reduction Plan. 
If so, the Offer shall identify such vessel by name, official number, 
and current owner. In addition, the Offer shall provide a summary of the 
Pacific cod catch history for the calendar years 1995-2004 of the vessel 
to be retired from the fisheries. All summary catch histories included 
in Offers shall be calculated utilizing both the weekly production 
report and best blend methodology and shall separately state for each 
methodology the Pacific cod catch in metric tons and as a percentage of 
the overall catch for

[[Page 179]]

the longline catcher processor subsector on an annual basis for each of 
the required years. If the vessel stated to be withdrawn from the 
fisheries is not owned by the LLP License owner of record, the Offer 
shall be countersigned by the owner of record of the vessel. An Offer 
offering a Latent License shall state on the Offer Form that the offered 
LLP License is a Latent License. The Offer Form shall also include a 
comment section for any additional information that Offerors wish to 
provide to the Subsector Members concerning the Offer.
    (iii) Prequalification of offers. A Subsector Member may submit a 
Prequalification Offer to the Auditor at any time prior to the Opening 
Date. A Prequalification Offer shall contain all elements of an Offer, 
except that a price need not be provided. The Auditor shall notify the 
Subsector Member submitting a Prequalification Offer as to any 
deficiencies as soon as practicable. All details of a Prequalification 
Offer shall be kept confidential by the Auditor.
    (3) Submitting an offer--(i) Offer submission. Commencing on the 
first Tuesday following the Opening Date and during all Submission 
Periods until the Selection Process is closed, any Subsector Member may 
submit an Offer. All Offers are to be on the applicable form provided on 
the FLCC website, executed by an Authorized Party and submitted to the 
Auditor by facsimile. Any Subsector Member may submit an Offer during 
any Submission Period, even if that Subsector Member has not submitted 
an Offer in any previous Submission Period. If a Subsector Member holds 
more than one LLP License, such Subsector Member may, but is not 
required to, submit an Offer for each LLP License held during a 
Submission Period.
    (ii) Submission periods. The initial Submission Period shall 
commence at 9 a.m. (Pacific time) on the Tuesday following the Opening 
Date and end at 5 p.m. (Pacific time) on the Friday of that week. 
Subsequent Submission Periods shall commence at 9 a.m. (Pacific time) on 
the first Tuesday following the preceding Ranking Period and end at 5 
p.m. (Pacific time) on the Friday of that week. All times set forth in 
the Reduction Agreement and used in the Offer process shall be the time 
kept in the Pacific time zone as calculated by the National Institute of 
Standards and Technology.
    (iii) Validity of offer. The Auditor shall examine each Offer for 
consistency with the Database and information contained in the 
enrollment documents. If there is an inconsistency in the information 
contained in the Offer, any of the elements required of an Offer 
pursuant to paragraph (d)(2)(ii) of this section are missing, or the 
Auditor does not receive the original Offer Form before the Offers are 
to be posted pursuant to paragraph (d)(4) of this section, the Auditor 
shall notify the offering Subsector Member by e-mail or mail that the 
Offer is nonconforming as soon as practicable after discovering the 
basis of invalidity. The Subsector Member may submit a revised, 
conforming Offer prior to the close of that Submission Period or, in any 
subsequent Submission Period. Only one Offer may be submitted with 
respect to an LLP License during a Submission Period. In the event a 
Subsector Member submits more than one Offer with respect to an LLP 
License during a Submission Period, the first conforming Offer received 
by the Auditor shall be binding and irrevocable and any subsequent 
Offers shall be deemed invalid.
    (iv) Warranty. By submitting an Offer, the Offering Subsector 
Member, warrants and represents that the Offering Subsector Member has 
read and understands the terms of the Reduction Agreement, the Offer, 
and the Reduction Contract and has had the opportunity to seek 
independent legal counsel regarding such documents and/or agreements and 
the consequences of submitting an Offer.
    (4) Posting offers--(i) Current offers. For each Offer received 
during a Submission Period, the Auditor shall post on the Website no 
later than 5 p.m. (Pacific time) on the following Tuesday all of the 
details of such Offer as set forth on the Offer Form. In addition, the 
Auditor shall post, as available to Auditor, a summary by year of up to 
ten (10) years catch history during the period 1995-2004 in total round 
weight equivalents and percentage of Longline

[[Page 180]]

Subsector ITAC harvested for any vessel that is included in the Offer. 
Subsector Member (or vessel owner, if other than the Subsector Member) 
expressly authorizes Auditor to release the catch history summary 
information previously prepared for that Subsector Member or vessel 
owner by the Auditor as part of the analysis of FLCC's membership's 
catch history previously conducted by the Auditor on behalf of the FLCC.
    (ii) Posting order. Offers shall be posted on the Website by the 
Auditor in alphabetical order of the Offering Subsector Member's name.
    (iii) Questions as to offer. The Auditor shall respond to no 
questions from Subsector Member regarding Offers except to confirm that 
the posting accurately reflects the details of the Offer. If an Offering 
Subsector Member notices an error in an Offer posting on the Website, 
such Subsector Member shall notify the Auditor as soon as practicable. 
The Auditor shall review such notice, the posting and the original 
Offer. If an error was made in posting the Auditor shall correct the 
posting as soon as practicable and notify the Subsector Members via e-
mail or mail of the correction. In the event such an error is not 
discovered prior to Ranking, an Offering Subsector Member shall be bound 
to the terms of the submitted Offer, not the terms of the posted Offer.
    (iv) Archive. The Auditor shall maintain on the Website an archive 
of prior Offers posted, which shall be available for review by all 
Subsector Members.
    (5) Ranking--(i) Eligibility. Each Subsector Member that has not 
submitted an Offer during the preceding Submission Period, or whose 
vessel is not included as a withdrawing vessel in an Offer during the 
preceding Submission Period (i.e., a Nonoffering Subsector Member), may 
submit to the Auditor a Ranking Form during a Ranking Period. With 
respect to Ranking, a Subsector Member that holds more than one LLP 
License may participate in the Ranking process for each LLP License not 
included in an Offer.
    (ii) Ranking period. The initial Ranking Period shall commence 
immediately after the Offers from the preceding Submission Period have 
been posted and end at 5 p.m. (Pacific time) on the Friday of that week. 
Subsequent Ranking Periods shall commence immediately after the Offers 
from the preceding Submission Period have been posted and end at 5 p.m. 
(Pacific time) on the Friday of that week.
    (iii) Ranking form. Prior to each Ranking Period, the Auditor will 
post a Ranking Form on the Website in ``pdf'' file format. Each eligible 
Subsector Member wishing to rank the current Offers shall rank the 
Offers on the Ranking Form numerically in the Subsector Member's 
preferred order of purchase. The Offer that Subsector Member would most 
like to have accepted should be ranked number one (1), and subsequent 
Offers ranked sequentially until the Offer that the Subsector Member 
would least like to see accepted is ranked with the highest numerical 
score. A Subsector Member wishing to call for a Closing Vote shall, in 
lieu of ranking the Current Offers, mark the Ranking Form to accept the 
Selected Offers selected during the prior Ranking Period and close the 
Selection Process. To be valid, the Ranking Form must rank each Current 
Offer listed on the Ranking Form or, if applicable, be marked to call 
for a Closing Vote. Ranking Forms shall be submitted by sending a 
completed Ranking Form, signed by an Authorized Party, to the Auditor by 
facsimile or mail prior to the end of the Ranking Period. A Subsector 
Member is not required to rank the Offers during a Ranking Period or 
call for a Closing Vote.
    (iv) Validity of subsector member ranking. The Auditor shall examine 
each Ranking Form for completeness, whether the form either ranks the 
Offers or calls for a Closing Vote (but not both), and authorized 
signature. Any incomplete or otherwise noncompliant Ranking Form(s) 
shall be invalid, and shall not be included in the Rankings of the 
Current Offers. The Auditor shall notify the Subsector Member of the 
reason for declaring any Ranking Form invalid as soon as practicable. A 
Subsector Member may cure the submission of an invalid Ranking Form by 
submitting a complying Ranking Form if accomplished before the end of 
the applicable Ranking Period.

[[Page 181]]

    (6) Ranking results--(i) Compiling the rankings. Unless two-thirds 
(\2/3\) of the Nonoffering Subsector Members have called for a Closing 
Vote, the Auditor shall compile the results of the Ranking Forms by 
assigning one point for each position on a Ranking Form. That is, the 
Offer ranked number one (1) on a Ranking Form shall be awarded one (1) 
point, the Offer ranked two (2) shall receive two (2) points, and 
continuing on in this manner until all Offers have been assigned points 
correlating to its ranking on each valid Ranking Form. The Offer with 
the least number of total points assigned shall be the highest ranked 
Offer, and the Offer with the greatest total points assigned shall be 
the lowest ranked Offer.
    (ii) Posting rankings. The Auditor shall post the results of the 
compilation of the Ranking Forms on the Website in alphabetical order 
based on the Offering Subsector Member's name no later than 5 p.m. 
(Pacific time) on the Monday following the Ranking Period. The Auditor 
shall post the highest consecutive ranking Offers that total thirty six 
million dollars ($36,000,000) or less. Those Offering Subsector Members 
whose Offers are posted shall be deemed Selected Offerors and their 
Offers shall be deemed Selected Offers. Those Offering Subsector Members 
whose Offers are not posted shall be deemed Rejected Offerors.
    (iii) Selected offer information or confidentiality. The Auditor 
shall post the name of the Offering Subsector Member, the amount of the 
Offer, and a summary of the total number of Ranking Forms received and 
the number of such forms on which the Members called for a Closing Vote. 
Other than the foregoing, the Auditor shall not post any details of the 
compilation of the Ranking Forms.
    (iv) Selected offerors. Selected Offerors may not withdraw their 
Offers unless in subsequent rankings their Offers no longer are within 
the highest ranking Offers and they become Rejected Offerors. A Selected 
Offeror may, however, modify a Selected Offer solely to the extent such 
modification consists of a reduction in the Offer price. A Selected 
Offeror may submit a modified Offer to the Auditor during the next 
Offering Period as set forth in paragraph (d)(3) of this section. Unless 
a Selected Offeror becomes a Rejected Offeror in a subsequent Ranking, a 
Selected Offeror shall be bound by the terms of the lowest Selected 
Offer submitted as if such modified Offer had been the original Selected 
Offer. In the event a Selected Offeror submits a modified Offer and such 
Offer is not ranked because sufficient votes are received to call for a 
Closing Vote, the previously Selected Offer shall remain the Selected 
Offer.
    (v) Rejected offerors. The Offer of a Rejected Offeror is terminated 
and the Rejected Offeror is no longer bound by the terms of its Offer. A 
Rejected Offeror may, at its sole discretion, resubmit the same Offer, 
submit a revised Offer, or elect not to submit an Offer during any 
subsequent Submission Period until the Selection Process is closed.
    (vi) Ties. In the event there is a tie with respect to Offers which 
results in the tied Offers exceeding thirty-six million dollars 
($36,000,000), the tied Offers and all Offers ranked lower than the tied 
Offers shall be deemed to be rejected and the Rejected Offerors may, at 
their option, submit an Offer in a subsequent Submission Period.
    (vii) Archive. Auditor shall maintain on the Website an archive of 
prior Offer Rankings as posted over the course of the Selection Process, 
which shall be available for Subsector Member review.
    (7) Closing. The Selection Process will close when two-thirds (\2/
3\) or more of the Nonoffering Subsector Members of the Longline 
Subsector, as determined by the Auditor, affirmatively vote to accept 
the Selected Offerors selected during the prior Ranking Period as part 
of the Reduction Plan to be submitted to the Secretary.
    (i) Call for vote. A Closing Vote will be held when: at least two-
thirds (\2/3\) of the Nonoffering Subsector Members submit Ranking Forms 
electing to accept the Selected Offerors and close the Selection Process 
in lieu of Ranking the current Offers; and there are no unresolved 
Protests or Arbitrations. The Auditor shall notify all Subsector Members 
by e-mail or mail and posting a notice on the Website as soon as 
practicable that a Closing Vote is to be held. Such notice shall state 
the starting and ending dates and times of the

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voting period, which shall be not less than three (3) nor more than 
seven (7) calendar days from the date of such notice. A voting period 
shall commence at 9 a.m. (Pacific time) on Monday and end at 5 p.m. on 
the Friday of that week.
    (ii) Voting. No less than three (3) calendar days prior to the 
voting period, the Auditor will post a Closing Ballot on the Website in 
``pdf'' file format. Each eligible Nonoffering Subsector Member wishing 
to vote shall print out the Closing Ballot, and, with respect to each of 
the currently Selected Offers on the Closing Ballot, vote either in 
favor of or opposed to accepting that Selected Offer and submit a 
completed and signed Closing Ballot to the Auditor preferably by 
facsimile prior to the end of the Voting Period.
    (iii) Ballot verification. The Auditor shall examine each submitted 
Closing Ballot for completeness and authorized signature. Any incomplete 
Closing Ballot shall be void, and shall not be included in the voting 
results. The Auditor shall not notify the Subsector Member of an invalid 
Closing Ballot.
    (iv) Voting results. The Auditor shall post the results of the Vote 
as soon as practicable after voting closes. Each Offer on the Closing 
Ballot that receives votes approving acceptance of such Offer from two-
thirds (\2/3\) or more of the total number of Nonoffering Subsector 
Members shall be a Selected Offeror and shall be the basis for the 
Reduction Plan submitted to NMFS. Any Offer on the Closing Ballot that 
does not receive such two-thirds (\2/3\) approval shall be rejected and 
shall not be included among the Offers included among the Reduction Plan 
submitted to NMFS.
    (v) Notification to NMFS. Upon closing of the Selection Process, 
FLCC shall notify NMFS in writing of the identities of the Selected 
Offerors and provide to NMFS a completed and fully executed original 
Reduction Agreement from each of the Selected Offerors and a certified 
copy of the fully executed Reduction Agreement and Reduction Contract.
    (e) Submission of reduction plan, including repayment. Upon 
completion of the offering process, the FLCC on behalf of the Subsector 
Members shall submit to NMFS the Reduction Plan which shall include the 
provisions set forth in this paragraph (e).
    (1) Capacity reduction. The Reduction Plan shall identify as the 
proposed capacity reduction, without auction process, the LLP Licenses 
as well as the vessels and the catch histories related to the LLP 
Licenses, linked crab LLP Licenses, and any other fishing rights or 
other interests associated with the LLP Licenses and vessels included in 
the Selected Offers. The aggregate of all Reduction Agreements and 
Reduction Contracts signed by Subsector Members whose offers to 
participate in this buyback were accepted by votes of the Subsector 
Members, will together with the FLCC's supporting documents and 
rationale for recognizing that these offers represent the expenditure of 
the least money for the greatest capacity reduction, constitute the 
Reduction Plan to be submitted to NMFS for approval on behalf of the 
Secretary of Commerce.
    (2) Loan repayment--(i) Term. As authorized by Section 219(B)(2) of 
the Act, the capacity reduction loan (the ``Reduction Loan'') shall be 
amortized over a thirty (30) year term. The Reduction Loan's original 
principal amount may not exceed thirty-six million dollars 
($36,000,000), but may be less if the reduction cost is less. Subsector 
Members acknowledge that in the event payments made under the Reduction 
Plan are insufficient to repay the actual loan, the term of repayment 
shall be extended by NMFS until the loan is paid in full.
    (ii) Interest. The Reduction Loan's interest rate will be the U.S. 
Treasury's cost of borrowing equivalent maturity funds plus 2 percent. 
NMFS will determine the Reduction Loan's initial interest rate when NMFS 
borrows from the U.S. Treasury the funds with which to disburse 
reduction payments. The initial interest rate will change to a final 
interest rate at the end of the Federal fiscal year in which NMFS 
borrows the funds from the U.S. Treasury. The final interest rate will 
be 2 percent plus a weighted average, throughout that fiscal year, of 
the U.S. Treasury's cost of borrowing equivalent maturity funds. The 
final interest rate will be

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fixed, and will not vary over the remainder of the reduction loan's 30-
year term. The Reduction loan will be subject to a level debt 
amortization. There is no prepayment penalty.
    (iii) Fees. The Reduction Loan shall be repaid by fees collected 
from the Longline Subsector. The fee amount will be based upon: The 
principal and interest due over the next twelve months divided by the 
product of the Hook & Line, Catcher Processor (Longline Subsector; 
sometimes referred to as the ``H&LCP Subsector'') portion of the BSAI 
Pacific cod ITAC (in metric tons) set by the North Pacific Fishery 
Management Council (NPFMC) in December of each year multiplied by 2,205 
(i.e., the number of pounds in a metric ton). In the event that the 
Longline Subsector portion for the ensuing year is not available, the 
Longline Subsector portion forecast from the preceding year will be used 
to calculate the fee.
    (A) The fee will be expressed in cents per pound rounded up to the 
next one-tenth of a cent. For example: If the principal and interest due 
equal $2,900,000 and the Longline Subsector portion equals 100,000 
metric tons, then the fee per round weight pound of Pacific cod will 
equal 1.4 cents per pound. [2,900,000 /(100,000 x 2,205) = .01315]. The 
fee will be accessed and collected on Pacific cod to the extent possible 
and if not, will be accessed and collected as provided for in this 
paragraph (e).
    (B) Fees must be accessed and collected on Pacific cod used for bait 
or discarded. Although the fee could be up to 5 percent of the ex-vessel 
production value of all post-reduction Longline Subsector landings, the 
fee will be less than 5 percent if NMFS projects that a lesser rate can 
amortize the fishery's reduction loan over the reduction loan's 30-year 
term. In the event that the total principal and interest due exceeds 5 
percent of the ex-vessel Pacific cod revenues, a penny per pound round 
weight fee will be calculated based on the latest available revenue 
records and NMFS conversion factors for pollock, arrowtooth flounder, 
Greenland turbot, skate, yellowfin sole and rock sole.
    (C) The additional fee will be limited to the amount necessary to 
amortize the remaining twelve months principal and interest in addition 
to the 5 percent fee accessed against Pacific cod. The additional fee 
will be a minimum of one cent per pound. In the event that collections 
exceed the total principal and interest needed to amortize the payment 
due, the principal balance of the loan will be reduced. To verify that 
the fees collected do not exceed 5 percent of the fishery revenues, the 
annual total of principal and interest due will be compared to the 
latest available annual Longline Subsector revenues to ensure it is 
equal to or less than 5 percent of the total ex-vessel production 
revenues. In the event that any of the components necessary to calculate 
the next year's fee are not available, or for any other reason NMFS 
believes the calculation must be postponed, the fee will remain at the 
previous year's amount until such a time that new calculations are made 
and communicated to the post reduction fishery participants.
    (D) It is possible that the fishery may not open during some years 
and no Longline Subsector portion of the ITAC is granted. Consequently, 
the fishery will not produce fee revenue with which to service the 
reduction loan during those years. However, interest will continue to 
accrue on the principal balance. When this happens, if the fee rate is 
not already at the maximum 5 percent, NMFS will increase the fisheries' 
fee rate to the maximum 5 percent of the revenues for Pacific cod and 
the species mentioned in paragraph (e)(2)(iii)(B), apply all subsequent 
fee revenue first to the payment of accrued interest, and continue the 
maximum fee rates until all principal and interest payments become 
current. Once all principal and interest payments are current, NMFS will 
make a determination about adjusting the fee rate.
    (iv) Reduction loan. NMFS has promulgated framework regulations 
generally applicable to all fishing capacity reduction programs (Sec. 
600.1000 et seq.). The reduction loan shall be subject to the provisions 
of Sec. 600.1012, except that: the borrower's obligation to repay the 
reduction loan shall be discharged by the owner of the Longline 
Subsector license regardless of which vessel

[[Page 184]]

catches fish under this license and regardless of who processes the fish 
in the reduction fishery in accordance with Sec. 600.1013. Longline 
Subsector license owners in the reduction fishery shall be obligated to 
collect the fee in accordance with Sec. 600.1013.
    (v) Collection. The LLP License holder of the vessel harvesting in 
the post-capacity reduction plan Longline Subsector shall be responsible 
for self-collecting the repayment fees owed by that LLP License holder. 
Fees shall be submitted to NMFS monthly and shall be due no later than 
fifteen (15) calendar days following the end of each calendar month.
    (vi) Record keeping and Reporting. The holder of the LLP License on 
which a vessel harvesting in the post-capacity reduction plan Longline 
Subsector is designated shall be responsible for compliance with the 
applicable record keeping and reporting requirements.
    (3) Agreement with Secretary. Each Selected Offeror, and vessel 
owner if not the Subsector Member, that has submitted a Selected Offer 
shall complete and deliver to the FLCC for inclusion in the Reduction 
Plan submitted to NMFS, designee for the Secretary, a completed and 
fully executed Reduction Contract. Any and all LLP License(s) and or 
vessels set forth on a Selected Offer shall be included as Reduction 
Fishing Interests in such Reduction Contract.
    (f) Decisions of the Auditor and the FLCC. Time is of the essence in 
developing and implementing a Reduction Plan and, accordingly, the 
Offerors shall be limited to, and bound by, the decisions of the Auditor 
and the FLCC.
    (1) The Auditor's examination of submitted applications, Offers, 
Prequalification Offers and Rankings shall be solely ministerial in 
nature. That is, the Auditor will verify whether the documents submitted 
by Subsector Members are, on their face, consistent with each other and 
the Database, in compliance with the requirements set forth in the 
Reduction Agreement, and, signed by an Authorized Party. The Auditor may 
presume the validity of all signatures on documents submitted. The 
Auditor shall not make substantive decisions as to compliance (e.g., 
whether an interim LLP License satisfies the requirements of the Act, or 
whether a discrepancy in the name appearing on LLP Licenses and other 
documents is material).
    (2) [Reserved]
    (g) Enforcement/specific performance. The parties to the Reduction 
Agreement have agreed that the opportunity to develop and submit a 
capacity reduction program for the Longline Subsector under the terms of 
the Act is both unique and finite and that failure of a Selected 
Offeror, and vessel owner, if not a Subsector Member, to perform the 
obligations provided by the Reduction Agreement will result in 
irreparable damage to the FLCC, the Subsector Members and other Selected 
Offerors. Accordingly, the parties to the Reduction Agreement expressly 
acknowledge that money damages are an inadequate means of redress and 
agree that upon the failure of the Selected Offeror, and vessel owner if 
not a Subsector Member, to fulfill its obligations under the Reduction 
Agreement that specific performance of those obligations may be obtained 
by suit in equity brought by the FLCC in any court of competent 
jurisdiction without obligation to arbitrate such action.
    (h) Miscellaneous--(1) Time/Holidays. All times related to the 
Selection Process shall be the time kept in the Pacific time zone as 
calculated by the National Institute of Standards and Technology. In the 
event that any date occurring within the Selection Process is a Federal 
holiday, the date shall roll over to the next occurring business day.
    (2) Termination. The Reduction Agreement shall automatically 
terminate if no vote of acceptance is completed by December 31, 2007. 
The Reduction Agreement may be terminated at any time prior to approval 
of the Reduction Plan by NMFS, on behalf of the Secretary, by written 
notice from 50 percent of Subsector Members.
    (3) Choice of law/venue. The Reduction Agreement shall be construed 
and enforced in accordance with the laws of the State of Washington 
without regard to its choice of law provisions. The parties submit to 
the exclusive personal jurisdiction of the United States District Court 
located in Seattle, Washington, with respect to any

[[Page 185]]

litigation arising out of or relating to the Reduction Agreement or out 
of the performance of services hereunder.
    (4) Incorporation. All executed counterparts of the Reduction 
Agreement, Application Forms and Offers constitute the agreement between 
the parties with respect to the subject matter of the Reduction 
Agreement and are incorporated into the Reduction Agreement as if fully 
written.
    (5) Counterparts. The Reduction Agreement may be executed in 
multiple counterparts and will be effective as to signatories on the 
Effective Date. The Reduction Agreement may be executed in duplicate 
originals, each of which shall be deemed to be an original instrument. 
All such counterparts and duplicate originals together shall constitute 
the same agreement, whether or not all parties execute each counterpart.
    (i) The facsimile signature of any party to the Reduction Agreement 
shall constitute the duly authorized, irrevocable execution and delivery 
of the Reduction Agreement as fully as if the Reduction Agreement 
contained the original ink signatures of the party or parties supplying 
a facsimile signature.
    (ii) [Reserved]
    (i) Amendment. Subsector Member acknowledges that the Reduction 
Agreement, the Reduction Contract, and the Reduction Plan may be subject 
to amendment to conform to the requirements for approval of the 
Reduction Plan by NMFS on behalf of the Secretary. The Auditor shall 
distribute to each Subsector Member in electronic format the amended 
form of the Reduction Agreement, the Reduction Contract, and the 
Reduction Plan, which amended documents in the form distributed by the 
Auditor and identified by the Auditor by date and version, the version 
of each such document then in effect at the time of any dispute arising 
or action taken shall be deemed binding upon the parties with respect to 
such dispute and/or action.
    (j) Warranties. Subsector Member must expressly warrant and 
represent in the Reduction Agreement that:
    (1) Subsector Member has had an opportunity to consult with 
Subsector Member's attorney or other advisors of Subsector Member with 
respect to the Reduction Agreement, the Reduction Contract, and the Act 
and the ramifications of the ratification of the Reduction Plan 
contemplated therein;
    (2) Subsector Member has full understanding and appreciation of the 
ramifications of executing and delivering the Reduction Agreement and, 
free from coercion of any kind by the FLCC or any of its members, 
officers, agents and/or employees, executes and delivers the Reduction 
Agreement as the free and voluntary act of Subsector Member;
    (3) The execution and delivery of the Reduction Agreement, does not 
and will not conflict with any provisions of the governing documents of 
Subsector Member;
    (4) The person executing the Reduction Agreement has been duly 
authorized by Subsector Member to execute and deliver the Reduction 
Agreement and to undertake and perform the actions contemplated herein; 
and
    (5) Subsector Member has taken all actions necessary for the 
Reduction Agreement to constitute the valid and binding obligation of 
Subsector Member, enforceable in accordance with its terms.
    (k) Approval of the reduction plan. Acceptance of the Offers are at 
the sole discretion of NMFS on behalf of the Secretary of Commerce. To 
be approved by NMFS, on behalf of the Secretary, any Reduction Plan 
developed and submitted in accordance with this section and subpart M to 
this part must be found by the Assistant Administrator of NMFS, to:
    (1) Be consistent with the requirements of Section 219(e) of the FY 
2005 Appropriations Act (Public Law 108-447);
    (2) Be consistent with the requirements of Section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861(a)) except for the requirement that a Council or Governor of a 
State request such a program (as set out in section 312(b)(1)) and for 
the requirements of section 312(b)(4);
    (3) Contain provisions for a fee system that provides for full and 
timely repayment of the capacity reduction loan by the Longline 
Subsector and

[[Page 186]]

that it provide for the assessment of such fees;
    (4) Not require a bidding or auction process;
    (5) Result in the maximum sustained reduction in fishing capacity at 
the least cost and in the minimum amount of time; and
    (6) Permit vessels in the Longline Subsector to be upgraded to 
achieve efficiencies in fishing operations provided that such upgrades 
do not result in the vessel exceeding the applicable length, tonnage, or 
horsepower limitations set out in Federal law or regulation.
    (l) Referenda. The provisions of Sec. 600.1010 (including 
Sec. Sec. 600.1004(a), 600.1008, 600.1009, 600.1013, 600.1014, and 
600.1017(a)(5), (6) and (7)) shall apply to the Reduction Plan of this 
section to the extent that they do not conflict with this section or 
with subpart M of this part.

Appendix to Sec. 600.1105--Fishing Capacity Reduction Contract: Bering 
      Sea and Aleutian Islands Longline Catcher Processor Subsector

  Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands 
                  Longline Catcher Processor Subsector

    This agreement, (the ``Reduction Contract'') is entered into by and 
between the party or parties named in section 46 of this contract 
entitled, ``Fishing Capacity Reduction Offer Submission Form and 
Reduction Fishing Interests Identification,'' as the qualifying Offeror 
and as the co-Offeror (if there is a co-Offeror) (collectively the 
``Offeror'') and the United States of America, acting by and through the 
Secretary of Commerce, National Oceanic and Atmospheric Administration, 
National Marine Fisheries Service, Financial Services Division 
(``NMFS''). The Reduction Contract is effective when NMFS signs the 
Reduction Contract and, thereby, accepts the Offeror's offer, subject to 
the condition subsequent of NMFS' formal notification of a successful 
referendum.

                               Witnesseth

    Whereas, Section 219, Title II, Division B of the Consolidated 
Appropriations Act, 2005, as enacted on December 8, 2004, (the ``Act'') 
authorizes a fishing capacity reduction program implementing capacity 
reduction plans submitted to NMFS by catcher processor subsectors of the 
Bering Sea and Aleutian Islands (``BSAI'') non-pollock groundfish 
fishery as set forth in the Act;
    Whereas, the longline catcher processor subsector (the ``Longline 
Subsector'') is among the catcher processor subsectors eligible to 
submit to NMFS a capacity reduction plan under the terms of the Act;
    Whereas, the Freezer Longline Conservation Cooperative (the 
``FLCC'') has developed and is submitting to NMFS concurrently with this 
Reduction Contract a capacity reduction plan for the Longline Subsector 
(the ``Reduction Plan'');
    Whereas, the selection process will be pursuant to the fishing 
capacity Reduction Contract and the Reduction Plan;
    Whereas, the term ``Reduction Fishery'' is defined by the Reduction 
Plan as the longline catcher processor subsector of the BSAI non-pollock 
groundfish fishery;
    Whereas, the Reduction Plan's express objective is to permanently 
reduce harvesting capacity in the Reduction Fishery; Whereas, NMFS 
implements the Reduction Plan pursuant to Section 219 of the Act as well 
as the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861a(b)-(e))(as excepted by the Act, including inter alia, any 
requirement that the Reduction Plan include a bidding or auction 
process) and other applicable law;
    Whereas, NMFS has promulgated framework regulations generally 
applicable to all fishing capacity reduction programs, portions of which 
are applicable to the Reduction Plan, (50 CFR 600.1000 et seq.);
    Whereas, NMFS can implement the Reduction Plan only after giving 
notice to all members of the Longline Subsector of the Reduction Plan 
pursuant to Section 219(3)(b) of the Act and approval of the Reduction 
Plan by referendum of the Longline Subsector; and
    Whereas, this Reduction Contract is submitted by Offeror and the 
FLCC as an integral element of the Reduction Plan and is expressly 
subject to the terms and conditions set forth herein, the framework 
regulations, the final rule (as used in this contract ``final rule'' 
means the final rule promulgated by NMFS which sets forth the 
regulations implementing the Reduction Plan for the Longline Subsector) 
and applicable law.
    Now therefore, for good and valuable consideration and the premises 
and covenants hereinafter set forth the receipt and sufficiency of which 
the parties to the Reduction Contract hereby acknowledge, and intending 
to be legally bound hereby, the parties hereto agree as follows:
    1. Incorporation of Recitals. The foregoing recitals are true and 
correct and are expressly incorporated herein by this reference.
    2. Further Incorporation. The Act, framework regulations, final rule 
and any other rule promulgated pursuant to the Act are expressly 
incorporated herein by this reference. In the event of conflicting 
language,

[[Page 187]]

the framework regulations, the final rule and any other rule promulgated 
pursuant to the Act, take precedence over the Reduction Contract.
    3. Contract Form. By completing and submitting the Reduction 
Contract to NMFS the Offeror hereby irrevocably offers to relinquish its 
Reduction Fishing Interests. If NMFS discovers any deficiencies in the 
Offeror's submission to NMFS, NMFS may, at its sole discretion, contact 
the Offeror in an attempt to correct such offer deficiency. ``Reduction 
Fishing Interests'' means all of Offeror(s) rights, title and interest 
to the Groundfish Reduction Permit, Reduction Permit(s), Reduction 
Fishing Privilege and Reduction Fishing History as defined in this 
Reduction Contract.
    4. Groundfish Reduction Permit. Offeror expressly acknowledges that 
it hereby offers to permanently surrender, relinquish, and have NMFS 
permanently revoke the valid non-interim Federal License Limitation 
Program groundfish license issued pursuant to 50 CFR 679.4(k) (or 
successor regulation) endorsed for Bering Sea or Aleutian Islands 
catcher processor fishing activity, C/P, Pacific cod, and hook and line 
gear identified in section 46 of this contract as well as any present or 
future claims of eligibility for any fishery privilege based upon such 
permit, including any Latent License and any offered and accepted 
interim permit that Offeror causes to become a non-interim permit, (the 
``Groundfish Reduction Permit'').
    5. Reduction Permit(s). Offeror hereby acknowledges that it offers 
to permanently surrender, relinquish, and have NMFS permanently revoke 
any and all Federal fishery licenses, fishery permits, and area and 
species endorsements issued for any vessel named on the Groundfish 
Reduction Permit as well as any present or future claims of eligibility 
for any fishery privilege based upon such permit, including any Latent 
License, (the ``Reduction Permits'').
    6. Reduction Privilege Vessel. The Reduction Privilege Vessel is the 
vessel listed on the Offeror's License Limitation Program license.
    7. Reduction Fishing Privilege. If a vessel is specified in section 
46 of this contract (the ``Reduction Privilege Vessel''), Offeror hereby 
acknowledges that Offeror offers to relinquish and surrender the 
Reduction Privilege Vessel's fishing privilege and consents to the 
imposition of Federal vessel documentation restrictions that have the 
effect of permanently revoking the Reduction Privilege Vessel's legal 
ability to fish anywhere in the world as well as its legal ability to 
operate under foreign registry or control--including the Reduction 
Privilege Vessel's: fisheries trade endorsement under the Commercial 
Fishing Industry Vessel Anti-Reflagging Act (46 U.S.C. 12108); 
eligibility for the approval required under section 9(c)(2) of the 
Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)), for the placement of a 
vessel under foreign flag or registry, as well as its operation under 
the authority of a foreign country; and the privilege otherwise to ever 
fish again anywhere in the world (the ``Reduction Fishing Privilege''). 
Offeror agrees to instruct the United States Coast Guard's Vessel 
Documentation Center to remove the fishery endorsement from the 
Reduction Privilege Vessel. If the Reduction Privilege Vessel is not a 
federally documented vessel, the Offeror offers to promptly scrap the 
vessel and allow NMFS whatever access to the scrapping NMFS deems 
reasonably necessary to document and confirm the scrapping.
    8. Reduction Fishing History. Offeror surrenders, relinquishes, and 
consents to NMFS' permanent revocation of the following Reduction 
Fishing History (the ``Reduction Fishing History''):
    a. The Reduction Privilege Vessel's full and complete documented 
harvest of groundfish;
    b. For any documented harvest of the Reduction Privilege Vessel 
whatsoever, including that specified in section 8 of this contract, any 
right or privilege to make any claim in any way related to any fishery 
privilege derived in whole or in part from any such other and documented 
harvest which could ever qualify any party for any future limited access 
system fishing license, permit, and other harvest authorization of any 
kind; including without limitation crab LLP licenses linked to License 
Limitation Program (``LLP'') licenses, state fishing rights appurtenant 
to Reduction Fishing Vessels, and all fishing history associated 
therewith, but without prejudice to any party who before submission of 
this offer may have for value independently acquired the fishing history 
involving any such documented harvest;
    c. Any documented harvest on any other vessel (Reduction Fishing 
Vessel) that gave rise to the Groundfish Reduction Permit; and
    d. All fishing history associated with the latent LLP license 
identified on the Selected Offer and any fishing history associated with 
the fishing vessel that gave rise to the latent LLP license that remains 
in the Offeror's possession as of August 11, 2006 (i.e., date of 
publication of the proposed rule in the Federal Register).
    9. Halibut, Sablefish and Crab IFQs Excluded. Notwithstanding any 
other provision of this Reduction Contract, no right, title and/or 
interest to harvest, process or otherwise utilize individual fishing 
quota (``IFQ'') quota share in the halibut, sablefish and crab fisheries 
pursuant to 50 CFR parts 679 and 680, nor crab LLP license history to 
the extent necessary for the issuance of crab IFQ pursuant to 50 CFR 
part 680 as in effect as of the

[[Page 188]]

date of this Contract, shall be included among Offeror's Reduction 
Fishing Interests.
    10. Representations and Warranties. Offeror represents and warrants 
that, as of the date of submission of this Reduction Contract, Offeror 
is:
    a. The holder of record, according to NMFS' official fishing license 
records, at the time of offer, of the Groundfish Reduction Permit and 
the Reduction Permit(s).
    b. The Reduction Privilege Vessel's owner of record, according to 
the National Vessel Documentation Center's official vessel documentation 
records, at the time of offer, and that the Reduction Privilege Vessel 
is neither lost nor destroyed at the time of offer.
    c. In retention of and fully and legally entitled to offer and 
dispose of hereunder, full and complete rights to the Reduction 
Privilege Vessel's full and complete Reduction Fishing History necessary 
to fully and completely comply with the requirements of section 8 of 
this contract.
    11. Offer Amount. NMFS' payment to Offeror in the exact amount of 
the amount set forth by Offeror in section 46 of this contract is full 
and complete consideration for the Offeror's offer.
    12. Additional Offer Elements. Offeror shall include with its offer 
an exact photocopy of the Reduction Privilege Vessel's official vessel 
documentation or registration (i.e., the certificate of documentation 
the U.S. Coast Guard's National Vessel Documentation Center issued for 
federally documented vessels or the registration a State issues for 
State registered vessels) and an exact photocopy of the Groundfish 
Reduction Permit and all Reduction Permit(s). The Offeror shall also 
include with the offer all other information required in this Reduction 
Contract and otherwise comply with Reduction Contract requirements.
    13. Use of Official Fishing License or Permit Databases. Offeror 
expressly acknowledges that NMFS shall use the appropriate official 
governmental fishing license or permit database to:
    Determine the Offeror's address of record; verify the Offeror's 
qualification to offer; determine the holder of record of the Groundfish 
Reduction Permit and Reduction Permit(s); and verify the Offeror's 
inclusion in the offer of all permits and licenses required to be 
offered in the Offer.
    14. Use of National Vessel Documentation Center Database. Offeror 
expressly acknowledges that NMFS shall use the records of the National 
Vessel Documentation Center to determine the owner of record for a 
federally documented Reduction Privilege Vessel and the appropriate 
State records to determine the owner of record of a non-federally 
documented Reduction Privilege Vessel.
    15. Offeror to Ensure Accurate Records. Offeror shall, to the best 
of its ability, ensure that the records of the databases relevant to 
sections 13 and 14 of this contract are true, accurate, and complete.
    16. Submissions are Irrevocable. The parties hereto expressly 
acknowledge as the essence hereof that the Offeror voluntarily submits 
to NMFS this firm and irrevocable offer. The Offeror expressly 
acknowledges that it hereby waives any privilege or right to withdraw, 
change, modify, alter, rescind, or cancel any portion of the Reduction 
Contract and that the receipt date and time which NMFS marks on the 
Reduction Contract constitutes the date and time of the offer's 
submission.
    17. Offer Rejection. NMFS shall reject an offer that NMFS deems is 
in any way unresponsive or not in conformance with the Reduction 
Contract, and the applicable law or regulations unless the Offeror 
corrects the defect and NMFS, in its sole discretion, accepts the 
correction.
    18. Notarized Offeror Signature(s) Required. NMFS shall deem as non-
responsive and reject an offer whose Offer Submission Form does not 
contain the notarized signatures of all persons required to sign the 
form on behalf of the Offeror.
    19. Offer Rejections Constitute Final Agency Action. NMFS's offer 
rejections are conclusive and constitute final agency action as of the 
rejection date.
    20. Effect of Offer Submission. Submitting an irrevocable offer 
conforming to the requirements stated herein entitles the Offeror to 
have NMFS accept the offer if NMFS, in its sole discretion, deems that 
the offer is fully responsive and complies with the Act, the final rule 
and any other rule promulgated pursuant to the Act.
    21. Offeror Retains Use. After submitting an offer, the Offeror 
shall continue to hold, own, or retain unimpaired every aspect of any 
and all LLP License(s) and or vessels set forth on an Offer included as 
Reduction Fishing Interests, until such time as: NMFS notifies the 
Offeror that the Reduction Plan is not in compliance with the Act or 
other applicable law and will not be approved by NMFS; notifies the 
Offeror that the referendum was unsuccessful; NMFS tenders the reduction 
payment and the Offeror complies with its obligations under the 
Reduction Contract; or NMFS otherwise excuses the Offeror's performance.
    22. Acceptance by Referendum. NMFS shall formally notify the Offeror 
in writing whether the referendum is successful, which written notice 
shall inform Offeror that the condition subsequent has been satisfied. 
Therefore, Offeror expressly acknowledges that all parties must perform 
under the Reduction Contract and the Reduction Contract is enforceable 
against, and binding on, the Reduction Contract parties in accordance 
with the terms and conditions herein.

[[Page 189]]

    23. Reduction Contract Subject to Federal Law. The Reduction 
Contract is subject to Federal law.
    24. Notice to Creditors. Upon NMFS' offer acceptance notice to the 
Offeror, Offeror agrees to notify all parties with secured interests in 
the Reduction Fishing Interests that the Offeror has entered into the 
Reduction Contract.
    25. Referendum. Offeror acknowledges that the outcome of the 
referendum of the Reduction Plan is an occurrence over which NMFS has no 
control.
    26. Unsuccessful Referendum Excuses Performance. An unsuccessful 
referendum excuses all parties hereto from every obligation to perform 
under the Reduction Contract. In such event, NMFS need not tender 
reduction payment and the Offeror need not surrender and relinquish or 
allow the revocation or restriction of any element of the Reduction 
Fishing Interest specified in the Reduction Contract. An unsuccessful 
referendum shall cause the Reduction Contract to have no further force 
or effect.
    27. Offeror Responsibilities upon Successful Referendum. Upon NMFS' 
formal notification to the Offeror that the referendum was successful 
and that NMFS had accepted the Reduction Contract, Offeror shall 
immediately become ready to surrender and relinquish and allow the 
revocation or restriction of (as NMFS deems appropriate) the Reduction 
Fishing Interests.
    28. Written Payment Instructions. After a successful referendum, 
NMFS shall tender reduction payment by requesting the Offeror to provide 
to NMFS, and the Offeror shall subsequently so provide, written payment 
instructions for NMFS' disbursement of the reduction payment to the 
Offeror or to the Offeror's order.
    29. Request for Written Payment Instructions Constitutes Tender. 
NMFS' request to the Offeror for written payment instructions 
constitutes reduction payment tender, as specified in 50 CFR 600.1011.
    30. Offeror Responsibilities upon Tender. Upon NMFS' reduction 
payment tender to the Offeror, the Offeror shall immediately surrender 
and relinquish and allow the revocation or restriction of (as NMFS deems 
appropriate) the Reduction Fishing Interests. The Offeror must then 
return the original of its Groundfish Reduction Permit and Reduction 
Permit(s) to NMFS. Concurrently with NMFS' reduction payment tender, the 
Offeror shall forever cease all fishing for any species with the 
Reduction Privilege Vessel and immediately retrieve all fishing gear, 
irrespective of ownership, previously deployed from the Reduction 
Privilege Vessel. Offeror agrees to authorize the United States Coast 
Guard to cancel the fishery endorsement in the Reduction Privilege 
Vessel.
    31. Reduction Privilege Vessel Lacking Federal Documentation. Upon 
NMFS' reduction payment tender to the Offeror, the Offeror shall 
immediately scrap any vessel which the Offeror specified as a Reduction 
Privilege Vessel and which is documented solely under state law or 
otherwise lacks documentation under Federal law. The Offeror shall scrap 
such vessel at the Offeror's expense. The Offeror shall allow NMFS, its 
agents, or its appointees reasonable opportunity to observe and confirm 
such scrapping. The Offeror shall conclude such scrapping within a 
reasonable time.
    32. Future Harvest Privilege and Reduction Fishing History 
Extinguished. Upon NMFS' reduction payment tender to the Offeror, the 
Offeror shall surrender and relinquish and consent to the revocation, 
restriction, withdrawal, invalidation, or extinguishment by other means 
(as NMFS deems appropriate), of any claim in any way related to any 
fishing privilege derived, in whole or in part, from the use or 
holdership of the Groundfish Reduction Permits and the Reduction 
Permit(s), from the use or ownership of the Reduction Privilege Vessel 
(subject to and in accordance with the provisions of section 8 of this 
contract), and from any documented harvest fishing history arising under 
or associated with the same which could ever qualify the Offeror for any 
future limited access fishing license, fishing permit, and other harvest 
authorization of any kind.
    33. Post Tender Use of Federally Documented Reduction Privilege 
Vessel. After NMFS' reduction payment tender to the Offeror, the Offeror 
may continue to use a federally documented Reduction Privilege Vessel 
for any lawful purpose except ``fishing'' as defined under the Magnuson-
Stevens Act and may transfer--subject to all restrictions in the 
Reduction Contract, other applicable regulations, and the applicable 
law--the vessel to a new owner. The Offeror or any subsequent owner 
shall only operate the Reduction Privilege Vessel under the United 
States flag and shall not operate such vessel under the authority of a 
foreign country. In the event the Offeror fails to abide by such 
restrictions, the Offeror expressly acknowledges and hereby agrees to 
allow NMFS to pursue any and all remedies available to it, including, 
but not limited to, recovering the reduction payment and seizing the 
Reduction Privilege Vessel and scrapping it at the Offeror's expense.
    34. NMFS' Actions upon Tender. Contemporaneously with NMFS' 
reduction payment tender to the Offeror, and without regard to the 
Offeror's refusal or failure to perform any of its Reduction Contract 
duties and obligations, NMFS shall: Permanently revoke the Offeror's 
Groundfish Reduction Permit and Reduction Permit(s); notify the National 
Vessel Documentation Center to permanently revoke the Reduction 
Privilege Vessel's fishery trade endorsement; notify the U.S. Maritime 
Administration to make the

[[Page 190]]

Reduction Privilege Vessel permanently ineligible for the approval of 
requests to place the vessel under foreign registry or operate the 
vessel under a foreign country's authority; record in the appropriate 
NMFS records that the Reduction Fishing History represented by any 
documented harvest fishing history accrued on, under, or as a result of 
the operation of the Reduction Privilege Vessel and/or Reduction Fishing 
Vessel (subject to and in accordance with the provisions of section 8 of 
this contract), the Groundfish Reduction Permit, and the Reduction 
Permit(s) which could ever qualify the Offeror for any future limited 
access fishing license, fishing permit, or other harvesting privilege of 
any kind shall never again be available to anyone for any fisheries 
purpose; and implement any other restrictions the applicable law or 
regulations impose.
    35. Material Disputes to be Identified. Members of the public shall, 
up until NMFS receives the Offeror's written payment instructions, be 
able to advise NMFS in writing of any material dispute with regard to 
any aspect of any accepted Reduction Contract. Such a material dispute 
shall neither relieve the Offeror of any Reduction Contract duties or 
obligations nor affect NMFS' right to enforce performance of the 
Reduction Contract terms and conditions.
    36. Reduction Payment Disbursement. Once NMFS receives the Offeror's 
written payment instructions and certification of compliance with the 
Reduction Contract, NMFS shall as soon as practicable disburse the 
reduction payment to the Offeror. Reduction payment disbursement shall 
be in strict accordance with the Offeror's written payment instructions. 
Unless the Offeror's written payment instructions direct NMFS to the 
contrary, NMFS shall disburse the whole of the reduction payment to the 
Offeror. If the qualifying Offeror offers with a co-Offeror, both the 
qualifying Offeror and the co-Offeror must approve and sign the written 
payment instructions.
    37. Reduction Payment Withheld for Scrapping or for Other Reasons. 
In the event that a Reduction Privilege Vessel which is not under 
Federal documentation must be scrapped, NMFS shall withhold from 
reduction payment disbursement an amount sufficient to scrap such 
vessel. NMFS shall withhold such sum until the vessel is completely 
scrapped before disbursing any amount withheld. NMFS may confirm, if 
NMFS so chooses, that the vessel has been scrapped before disbursing any 
amount withheld. If NMFS has reason to believe the Offeror has failed to 
comply with any of the Reduction Contract terms and conditions, NMFS 
shall also withhold reduction payment disbursement until such time as 
the Offeror performs in accordance with the Reduction Contract terms and 
conditions.
    38. Offeror Assistance with Restriction. The Offeror shall, upon 
NMFS' request, furnish such additional documents, undertakings, 
assurances, or take such other actions as may be reasonably required to 
enable NMFS' revocation, restriction, invalidation, withdrawal, or 
extinguishment by other means (as NMFS deems appropriate) of all 
components of the Reduction Contract's Reduction Fishing Interest in 
accordance with the requirements of the Reduction Contract terms and 
conditions, applicable regulations and the applicable law.
    39. Recordation of Restrictions. Upon the Reduction Fishing 
Privilege's revocation, the Offeror shall do everything reasonably 
necessary to ensure that such revocation is recorded on the Reduction 
Privilege Vessel's Federal documentation (which the National Vessel 
Documentation Center maintains in accordance with Federal maritime law 
and regulations) in such manner as is acceptable to NMFS and as shall 
prevent the Reduction Privilege Vessel, regardless of its subsequent 
ownership, from ever again being eligible for a fishery trade 
endorsement or ever again fishing. The term ``fishing'' includes the 
full range of activities defined in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802).
    40. Reduction Element Omission. In the event NMFS accepts the offer 
and the Offeror has failed, for any reason, to specify in the Reduction 
Contract any Groundfish Reduction Permit, non-Groundfish Reduction 
Permit(s), Reduction Privilege Vessel, Reduction Fishing Vessel, 
Reduction Fishing History, or any other element of the Reduction Fishing 
Interest which the Offeror should under Reduction Contract, applicable 
regulations and the applicable law have specified in Reduction Contract, 
such omitted element shall nevertheless be deemed to be included in the 
Reduction Contract and to be subject to the Reduction Contract's terms 
and conditions; and all Reduction Contract terms and conditions which 
should have applied to such omitted element had it not be omitted shall 
apply as if such element had not been omitted. Upon the Offeror 
discovering any such omission, the Offeror shall immediately and fully 
advise NMFS of such omission. Upon either NMFS or the Offeror 
discovering any such omission, the Offeror shall act in accordance with 
the Reduction Contract, applicable regulations and the applicable law.
    41. Remedy for Breach. Because money damages are not a sufficient 
remedy for the Offeror breaching any one or more of the Reduction 
Contract terms and conditions, the Offeror explicitly agrees to and 
hereby authorizes specific performance of the Reduction Contract, in 
addition to any money damages, as a remedy for such breach. In the event 
of such breach, NMFS shall take any reasonable action, including 
requiring and

[[Page 191]]

enforcing specific performance of the Reduction Contract, NMFS deems 
necessary to carry out the Reduction Contract, applicable regulations 
and the applicable law.
    42. Waiver of Data Confidentiality. The Offeror consents to the 
public release of any information provided in connection with the 
Reduction Contract or pursuant to Reduction Plan requirements, including 
any information provided in the Reduction Contract or by any other means 
associated with, or necessary for evaluation of, the Offeror's Reduction 
Contract if NMFS finds that the release of such information is necessary 
to achieve the Reduction Plan's authorized purpose. The Offeror hereby 
explicitly waives any claim of confidentiality otherwise afforded to 
catch, or harvest data and fishing histories otherwise protected from 
release under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1881 a(b)) or any other law. In the event of such 
information release, the Offeror hereby forever fully and 
unconditionally releases and holds harmless the United States and its 
officers, agents, employees, representatives, of and from any and all 
claims, demands, debts, damages, duties, causes of action, actions and 
suits whatsoever, in law or equity, on account of any act, failure to 
act or event arising from, out of, or in any way related to, the release 
of any information associated with the Reduction Program.
    43. Oral Agreement Invalid. The Reduction Contract, any addendums to 
section 46 of this contract, and enclosures of photocopies of licenses 
and permits required under section 46 of this contract, contain the 
final terms and conditions of the agreement between the Offeror and NMFS 
and represent the entire and exclusive agreement between them. NMFS and 
the Offeror forever waive all right to sue, or otherwise counterclaim 
against each other, based on any claim of past, present, or future oral 
agreement between them.
    44. Severable Provisions. The Reduction Contract provisions are 
severable; and, in the event that any portion of the Reduction Contract 
is held to be void, invalid, non-binding, or otherwise unenforceable, 
the remaining portion thereof shall remain fully valid, binding, and 
enforceable against the Offeror and NMFS.
    45. Disputes. Any and all disputes involving the Reduction Contract, 
and any other Reduction Plan aspect affecting them shall in all respects 
be governed by the Federal laws of the United States; and the Offeror 
and all other parties claiming under the Offeror irrevocably submit 
themselves to the jurisdiction of the Federal courts of the United 
States and/or to any other Federal administrative body which the 
applicable law authorizes to adjudicate such disputes.
    46. Fishing Capacity Reduction Offer Submission Form and Reduction 
Fishing Interests Identification.
    a. Completion and Submission. The Offeror must fully, faithfully, 
and accurately complete this section 46 of this contract and thereafter 
submit the full and complete Reduction Contract to NMFS in accordance 
with the Reduction Contract. If completing this section requires 
inserting more information than the places provided for the insertion of 
such information allows, the Offeror should attach an addendum to the 
Reduction Contract that: Includes and identifies the additional 
information, states that the addendum is a part of the Reduction Fishing 
Interests Identification portion of the Reduction Contract, states (as a 
means of identifying the Reduction Contract to which the addendum 
relates) the NMFS license number designated on the Reduction Contract's 
Groundfish Reduction Permit, and is signed by all persons who signed the 
Reduction Contract as the Offeror.
    b. Offeror Information.
    (1) Offeror name(s). Insert in the table provided under this section 
46.b(1) of this contract the name(s) of the qualifying Offeror and of 
the co-Offeror (if there is a co-Offeror), and check the appropriate box 
for each name listed.
    Each name the Offeror inserts must be the full and exact legal name 
of record of each person, partnership, corporation or other business 
entity identified on the offer. If any Reduction Fishing Interest 
element is co-owned by more than one person, partnership, corporation or 
other business entity, the Offeror must insert each co-owner's name.
    In each case, the Offeror is the holder of record, at the time of 
Offeror's execution of this Reduction Contract, of the Groundfish 
Reduction Permit and the Reduction Permit(s). A co-Offeror is not 
allowed for either the Groundfish Reduction Permit or the Reduction 
Permit(s). If the Offeror is also the owner of record, at the time of 
offering, of the Reduction Privilege Vessel, the qualifying Offeror is 
the sole Offeror. If, however, the owner of record, at the time of 
execution of this Reduction Contract, of the Reduction Privilege Vessel 
is not exactly the same as the Offeror, then the owner of record is the 
co-Offeror; and the Offeror and the co-Offeror jointly offer together as 
the Offeror.

[[Page 192]]



------------------------------------------------------------------------
OFFEROR NAME(S) If Offeror or co-   Check appropriate box for each name
  Offeror consists of more than        listed in the adjacent column
 one owner, use one row of this  ---------------------------------------
 column to name each co-Offeror.
  If not, use only one row for                          Co-Offeror (if
 Offeror and one row for any co-        Offeror              any)
             Offeror
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (2) Offeror address(s) of record. Insert in the table provided under 
this section 46.b(2) of this contract the Offeror's and the co-Offeror's 
(if there is a co-Offeror) full and exact address(s) of record, and 
check the appropriate box for each address listed.

------------------------------------------------------------------------
OFFEROR ADDRESS(S) If Offeror or  Check appropriate box for each address
co-Offeror consists of more than       listed in the adjacent column
 one owner, use one row of this  ---------------------------------------
 column for address of each co-
 owner. If not, use only one row
 for Offeror and one row for any
 co-Offeror. Always use the same
 row order as is Offeror Name(s)                        Co-Offeror (if
 table in section 46.b(1), i.e.,        Offeror              any)
  address (1) is for name (1),
  address (2) is for name (2),
  address (3) is for name (3),
              etc.
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (3) Offeror business telephone number(s). Insert in the table 
provided under this section 46.b(3) the Offeror's and the co-Offeror's 
(if there is a co-Offeror) full and exact business telephone number(s), 
and check the appropriate box for each number listed.

------------------------------------------------------------------------
   OFFEROR BUSINESS TELEPHONE         Check appropriate box for each
   NUMBER(S) If Offeror or co-        telephone number listed in the
  Offeror consists of more than               adjacent column
 one owner, use one row of this  ---------------------------------------
 column for the telephone number
  of each co-owner. If not, use
only one row for Offeror and one
 row for any co-Offeror. Always
  use the same row order as is
Offeror Name(s) table in section        Offeror         Co-Offeror (if
 46.b(1), i.e., telephone number                             any)
 (1) is for name (1), telephone
   number (2) is for name (2),
telephone number (3) is for name
            (3), etc.
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (4) Offeror electronic mail address(s) (if available). Insert in the 
table printed under this section 46.b(4) the Offeror's and the co-
Offeror's (if there is a co-Offeror) full and exact electronic mail (e-
mail) address(s), and check the appropriate box for each address.

[[Page 193]]



------------------------------------------------------------------------
  OFFEROR E-MAIL ADDRESS(S) If     Check appropriate box for each e-mail
 Offeror or co-Offeror consists    address listed in the adjacent column
 of more than one owner, use one ---------------------------------------
  row of this column for the e-
 mail address of each co-owner.
  If not, use only one row for
 Offeror and one row for any co-
Offeror. Always use the same row
   order as is Offeror Name in          Offeror         Co-Offeror (if
     section 46.b(1) of this                                 any)
  contract, i.e., e-mail (1) is
 for name (1), e-mail (2) is for
name (2), e-mail (3) is for name
            (3), etc
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    c. LLP license number for Groundfish Reduction Permit. Insert in the 
place this section 46.c provides the full and exact license number which 
NMFS designated on the LLP license which the Offeror specifies as the 
Groundfish Reduction Permit. Attach with the Reduction Contract an exact 
photocopy of such license.

------------------------------------------------------------------------
 LLP LICENSE NUMBER(S) AND FISHERY(S) OF Of LLP LICENSE(S) SPECIFIED AS
                     GROUNDFISH REDUCTION PERMIT(S)
-------------------------------------------------------------------------
          License number(s)                        Fishery(s)
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    d. License number(s) for Reduction Permit(s). Insert in the place 
this section 46.d provides the fishery(s) involved in, and the full and 
exact license number(s) with NMFS designated on the license(s) which the 
Offeror specifies in the Reduction Contract as the Reduction Permit(s). 
Enclose with the Reduction Contract an exact photocopy of each such 
license.

------------------------------------------------------------------------
 LLP LICENSE NUMBER(S) AND FISHERY OF LICENSE(S) SPECIFIED AS REDUCTION
                                 PERMITS
-------------------------------------------------------------------------
          License number(s)                        Fishery(s)
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    e. Reduction Fishing History. For all Reduction Fishing History 
insert in the place provided in the table under this section 46.e the 
chronological and other information with each column heading therein 
requires. The information required does not include any actual landing 
data. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS 
based on the fishing history of a lost or destroyed vessel plus a 
replacement vessel must insert information for both vessels and meet the 
requirements of the framework regulations, final rule and any other 
regulations promulgated pursuant to the Act. Any Offeror whose 
Groundfish Reduction Permit whose issuance NMFS in any part based on 
acquisition of fishing history from another party must insert 
information regarding such catch history.

------------------------------------------------------------------------
                                        FOR EACH FISHING HISTORY IN 2ND
                                                    COLUMN
   NAMES(S) AND                      -----------------------------------
 OFFICIAL NUMBER        FOR EACH                          If Reduction
   OF REDUCTION        REDUCTION       License No. of   Privilege Vessel
 PRIVILEGE VESSEL   PRIVILEGE VESSEL   each Groundfish  acquired fishing
 AND NAME(S) AND     IN 1ST COLUMN    Reduction Permit    history from
     OFFICIAL       PROVIDE FROM TO     and Reduction    another party,
 NUMBER(S) OF ANY     DATE OF EACH        Permit(s)      provide name of
VESSEL FROM WHICH   FISHING HISTORY    associated with  party, manner in
 FISHING HISTORY   OFFEROR POSSESSES     each vessel     which acquired,
   WAS ACQUIRED                           involved          and date
                                                            acquired
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------


[[Page 194]]

    f. Reduction Privilege Vessel. Insert the full and exact name and 
official number which the National Vessel Documentation Center 
designated for the Reduction Privilege Vessel which the Offeror or the 
co-Offeror (if there is a co-Offeror) specifies in the Reduction 
Contract, and check the box appropriate for the vessel's ownership of 
record.
    Enclose with the Reduction Contract an exact photocopy of such 
vessel's official certificate of documentation.

----------------------------------------------------------------------------------------------------------------
                  REDUCTION PRIVILEGE VESSEL                          Check appropriate ownership box below
----------------------------------------------------------------------------------------------------------------
            Official name                   Official No.                Offeror            Co-Offeror (if any)
----------------------------------------------------------------------------------------------------------------
                                      ........................  .......................  .......................
                                                               -------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

    g. Offer Amount. Insert in the place this section 46.g provides the 
Offeror's full and exact offer amount, both in words and in numbers.

------------------------------------------------------------------------
                       OFFER AMOUNT [U.S. DOLLARS]
-------------------------------------------------------------------------
                 In words                            In numbers
------------------------------------------------------------------------
 
------------------------------------------------------------------------

    h. Reduction Contract Signature. In compliance with the Reduction 
Contract, applicable regulations and the applicable law, the Offeror 
submits the Reduction Contract as the Offeror's irrevocable offer to 
NMFS for the permanent surrender and relinquishment and revocation, 
restriction, withdrawal, invalidation, or extinguishment by other means 
(as NMFS deems appropriate) of the Groundfish Reduction Permit, any 
Reduction Permit(s), the Reduction Fishing Privilege, and the Reduction 
Fishing History--all as identified in the Reduction Contract or as 
required under applicable regulations, or the applicable law.
    The Offeror expressly acknowledges that NMFS' acceptance of the 
Offeror's offer hereunder and NMFS' tender, following a successful 
referendum, of a reduction payment in the same amount specified in 
section 46.g of this contract (less any sum withheld for scrapping any 
Reduction Privilege Vessel lacking Federal documentation or for any 
other purpose) to the Offeror shall, among other things, render the 
Reduction Privilege Vessel permanently ineligible or any fishing 
worldwide, including, but not limited to, fishing on the high seas or in 
the jurisdiction of any foreign country while operating under United 
States flag, and shall impose or create other legal and contractual 
restrictions, impediments, limitations, obligations, or other provisions 
which restrict, revoke, withdraw, invalidate, or extinguish by other 
means (as NMFS deems appropriate) the complete Reduction Fishing 
Interest and any other fishery privileges or claims associated with the 
Groundfish Reduction Permit, any Reduction Permit(s), the Reduction 
Privilege Vessel, and the Reduction Fishing History--all as more fully 
set forth in the Reduction Contract, applicable regulations, and the 
applicable law.
    By completing and signing the Reduction Contract, the Offeror 
expressly acknowledges that the Offeror has fully and completely read 
the entire Reduction Contract. The Offeror expressly states, declares, 
affirms, attests, warrants, and represents to NMFS that the Offeror is 
fully able to enter into the Reduction Contract and that the Offeror 
legally holds, owns, or retains, and is fully able under the Reduction 
Contract provisions to offer and dispose of, the full Reduction Fishing 
Interest which the Reduction Contract specifies and the applicable 
regulations, and the applicable law requires that any person or entity 
completing the Reduction Contract and/or signing the Reduction Contract 
on behalf of another person or entity, expressly attests, warrants, and 
represents to NMFS that such completing and/or signing person or entity 
has the express and written permission or other grant of authority to 
bind such other person or entity to the Reduction Contract's terms and 
conditions. The Offeror expressly attests, warrants, and represents to 
NMFS that every co-owner of the Offeror necessary to constitute the 
Offeror's full and complete execution of the Reduction Contract has 
signed the Reduction Contract. The Offeror expressly attests, warrants, 
and represents to NMFS that the Offeror: Fully understands the 
consequences of submitting the completed Reduction Contract of which it 
is a party to NMFS; pledges to abide by the terms and conditions of the 
Reduction Contract; and is aware of, understands, and consents to, any 
and all remedies available to NMFS for the Offeror's breach of the 
Reduction Contract or submission of an offer which fails to conform with 
the Reduction Contract, final rule, applicable regulations and the 
applicable law. The Offeror expressly attests, warrants, and represents 
to NMFS that all information which the Offeror inserted in the Reduction 
Contract is true, accurate, complete, and fully in accordance with the 
Reduction Contract, final rule, other applicable regulations and the 
applicable law.

[[Page 195]]

    In witness whereof, the Offeror has, in the place provided below, 
executed the Reduction Contract either as an Offeror offering alone or 
as an Offeror and co-Offeror (if there is a co-Offeror) jointly offering 
together, in accordance with the requirements specified above, and on 
the date written below. The Reduction Contract is effective as of the 
date NMFS accepts the Offeror's offer by signing the Reduction Contract.
    The Offeror and co-Offeror (if there is a co-Offeror) must each sign 
the Reduction Contract exactly as instructed herein. Each co-owner (if 
there is a co-owner) of each Offeror and co-Offeror (if there is a co-
Offeror) must also sign the Reduction Contract exactly as instructed 
herein. A notary public must, for each person or entity signing on 
behalf of the Offeror, complete and sign the acknowledgment and 
certification provision associated with each such person or entity's 
signature.
    I. Offeror and co-Offeror's (if there is a co-Offeror) signature(s) 
and notary's acknowledgment(s) and certification(s).

------------------------------------------------------------------------
  OFFEROR'S SIGNATURE AND NOTARY'S ACKNOWLEDGMENT AND CERTIFICATION If
  Offeror or co-Offeror consists of more than one owner, use one row of
  column 1 for each co-owner's signature. If not, use only one row for
Offeror and one row for co-Offeror (if any). Always use same Offeror row
   order as in Offeror Name in the table under section 46.b(1) of this
contract (i.e., signature (1) is for name (1), signature (2) is for name
                (2) signature (3) is for name (3), etc.)
-------------------------------------------------------------------------
OFFEROR SIGNATURE   Check appropriate column for each   NOTARY SIGNATURE
  (1) Sign. (2)          signature in 1st column         (1) Sign. (2)
    Print: the    ------------------------------------     Print: the
  following: (a)                                         following: (a)
  signer's name,                                       name, (b) signing
   (b) signer's                                          date, (3) date
title (if signing                                          commission
 for corporation                                        expires, and (4)
or other business                                      State and county.
 entity), and (c)                                         Each notary
   signing date                                        signature attests
------------------                                     to the following:
                                                        ``I certify that
                                                         I know or have
                                                          satisfactory
                                                       evidence that the
                                                       person who signed
                                                       in the 1st column
                      Qualifying      Co-Offeror (if    of this same row
                        Offeror            any)        is the person who
                                                        appeared before
                                                          me and: (1)
                                                       acknowledged his/
                                                         her signature;
                                                          (2) on oath,
                                                        stated that he/
                                                            she was
                                                         authorized to
                                                         sign; and (3)
                                                       acknowledged that
                                                         he/she did so
                                                           freely and
                                                         voluntarily.''
                                                      ------------------
 
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------

    II. United States of America's signature. United States of America, 
Acting by and through the Secretary of Commerce, National Oceanic and 
Atmospheric Administration, National Marine Fisheries Service, Financial 
Services Division.

 Dated:_________________________________________________________________
 By:____________________________________________________________________

Leo C. Erwin, Chief,

Financial Services Division, National Marine Fisheries Service.

[71 FR 57701, Sept. 29, 2006]



Sec. 600.1106  Longline catcher processor subsector Bering Sea and
Aleutian Islands (BSAI) non-pollock groundfish species fee payment
and collection system.

    (a) Purpose. As authorized by Public Law 108 447, this section's 
purpose is to:
    (1) In accordance with Sec. 600.1012, establish:
    (i) The borrower's obligation to repay a reduction loan, and
    (ii) The loan's principal amount, interest rate, and repayment term; 
and
    (2) In accordance with Sec. Sec. 600.1013 through 600.1016, 
implement an industry fee system for the reduction fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 and Sec. 600.1105 expressly apply to this 
section. In addition, the following definition applies to this section:
    Reduction fishery means the longline catcher processor subsector of 
the BSAI non-pollock groundfish fishery that Sec. 679.2 of this chapter 
defined as groundfish area/species endorsements.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $35,000,000.

[[Page 196]]

    (d) Interest accrual from inception. Interest began accruing on the 
reduction loan from May 29, 2007, the date on which NMFS disbursed such 
loan.
    (e) Interest rate. The reduction loan's interest rate shall be the 
applicable rate which the U.S. Treasury determines at the end of fiscal 
year 2007 plus 2 percent.
    (f) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term is 30 years from May 29, 2007, but fees 
shall continue indefinitely for as long as necessary to fully repay the 
loan.
    (g) Reduction loan repayment. (1) The borrower shall, in accordance 
with Sec. 600.1012, repay the reduction loan;
    (2) For the purpose of the fee collection, deposit, disbursement, 
and accounting requirements of this subpart, subsector members are 
deemed to be both the fish buyer and fish seller. In this case, all 
requirements and penalties of Sec. 600.1013 that are applicable to both 
a fish seller and a fish buyer shall equally apply to parties performing 
both functions;
    (3) Subsector members in the reduction fishery shall pay and collect 
the fee amount in accordance with Sec. 600.1105;
    (4) Subsector members in the reduction fishery shall, in accordance 
with Sec. 600.1014, deposit and disburse, as well as keep records for 
and submit reports about, the fees applicable to such fishery; except 
the requirements specified under paragraph (c) of this section 
concerning the deposit principal disbursement shall be made to NMFS no 
later than fifteen (15) calendar days following the end of each calendar 
month; and the requirements specified under paragraph (e) of this 
section concerning annual reports which shall be submitted to NMFS by 
February 1 of each calendar year; and
    (5) The reduction loan is, in all other respects, subject to the 
provisions of Sec. Sec. 600.1012 through 600.1017.

[72 FR 54222, Sept. 24, 2007]



Sec. 600.1107  Southeast Alaska Purse Seine Salmon Fishery capacity
reduction program, including fee payment and collection system.

    (a) Purpose. This section implements the fishing capacity reduction 
program for the Southeast Alaska purse seine salmon fishery enacted by 
Section 209 of Public Law 108-447 and amended by Section 121 of Public 
Law 109-479, with appropriations authorized by Section 121 of Public Law 
109-479 and Public Law 110-161. The intent of the program is to 
permanently reduce, through an industry-financed permit buyback, the 
most harvesting capacity in the Reduction Fishery at the least cost, 
increase harvesting productivity for post-reduction Permit Holders and 
improve flexibility in the conservation and management of the fishery. 
Fishery participants will finance this program through a federal loan 
that will be repaid over 40 years through a fee collection system. The 
intent of the fee collection system is to establish the post-reduction 
Permit Holders' obligation to repay the Reduction Loan's principal and 
accrued interest over the repayment term, and to ensure repayment of the 
loan.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L of this part expressly apply to 
this section. The following terms have the following meanings for the 
purpose of this section:
    Acceptance means SRA acceptance of a bid.
    Act means Section 209 of Title II of Division B of Public Law 108-
447, Consolidated Appropriations Act of 2005, as amended by Section 121 
of Public Law 109-447, Magnuson-Stevens Reauthorization Act of 2006.
    Authorized party means the individuals authorized by the Permit 
Holder on the application form to execute and submit Bids, protests and 
other documents and/or notices on behalf of the Permit Holder.
    Bid means a bidder's irrevocable offer to relinquish a permit.
    Bid amount means the dollar amount submitted by a bidder.
    Bidder means a permit holder who submits a bid.
    Commercial Fisheries Entry Commission (CFEC) means the Alaska state 
commission mandated to conserve and maintain the economic health of 
Alaska's commercial fisheries by limiting the number of participating 
fishers, by issuing permits and vessel licenses to qualified individuals 
in both limited

[[Page 197]]

and unlimited fisheries, and by providing due process hearings and 
appeals.
    CFEC documents means any documents issued by the CFEC in connection 
with the Southeast Alaska purse seine salmon fishery.
    Conditional notice means the CFEC form that any Bidder must sign and 
agree to abide by upon submission of a Bid Agreement (Appendix B to 
Sec. 600.1107).
    Conditional relinquishment means the CFEC form that any Permit 
Holder, agreeing to relinquish a permit, must sign and agree to abide by 
upon SRA acceptance of the bid (Appendix C to Sec. 600.1107).
    Fishery means the Southeast Alaska administrative area as defined 
under Title 5 Alaska Administrative Code Section 33.100 for salmon with 
purse seine gear.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act codified at 16 U.S.C. 1801 et seq.
    Permit (Southeast Salmon Purse Seine Entry Permit) means a valid 
entry permit issued by CFEC to operate in the Southeast Alaska purse 
seine salmon fishery.
    Permit holder means an individual who at the time of bidding is the 
holder of record of a permit.
    Reduction fishery means the Southeast Alaska Purse Seine Salmon 
Fishery.
    Reduction loan means the loan used to purchase the relinquished 
permits pursuant to the approved Reduction Plan.
    Reduction loan amount means the Reduction Loan's original principal 
amount up to $23,476,500.
    Reduction plan means the aggregate of all Bids, Relinquishment 
Contracts, Conditional Notices, Conditional Relinquishments, and 
supporting documents and rationale, submitted to the Secretary for 
approval.
    Relinquishment contract means the contract that any Permit Holder 
agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 
16.43.150(i)) must sign and agree to abide by upon acceptance of the 
Bid, and before payment of the bid amount (Appendix A to Sec. 
600.1107).
    Secretary means the Secretary of Commerce or his/her designee.
    Southeast Revitalization Association (SRA) means the qualified 
fishery association authorized to develop and implement this capacity 
reduction program under Alaska Statute 16.40.250 and Federal law.
    (c) Enrollment in the capacity reduction program--(1) Distribution. 
The SRA shall mail a copy of the following four documents via certified 
mail to each Permit Holder: Bid; Fleet Consolidation Relinquishment 
Contract (Relinquishment Contract); Conditional Notice to CFEC and 
Request by Permit Holder; and (Conditional Relinquishment of Southeast 
Salmon Purse Seine Entry Permit. Such mailing shall include a closing 
date after which the SRA will not accept new bids.
    (2) Application. Any Permit Holder, regardless of whether having 
received the mailing described in paragraph (c)(1) of this section, may 
participate in the Capacity Reduction Program by submitting all of the 
following documents to the SRA no later than the bid closing date:
    (i) A fully executed Bid consistent with Appendix A to this section;
    (ii) A photocopy of the permit evidencing the applicant's 
qualification as a participant in the fishery;
    (iii) A fully executed Relinquishment Contract: Southeast Alaska 
Salmon Purse Seine Permit Holders consistent with the appendix B to this 
section;
    (iv) A fully executed Conditional Notice to CFEC and Request by 
Permit Holder consistent with the appendix C to this section; and
    (v) A fully executed Conditional Relinquishment of Southeast Salmon 
Purse Seine Entry Permit consistent with the appendix D to this section.
    (A) The submitted Bid shall include the following information: Name, 
address, telephone number, social security number, and (if available) 
electronic mail address of the submitting Permit Holder, permit number, 
and whether any authorized party holds a security interest in the 
permit. Each application must be submitted to the SRA, c/o Elgee, 
Rehfeld, Mertz, LLC, Professional Plaza Building B, 9309 Glacier 
Highway, Suite B-200, Juneau, Alaska 99801. The initial determination

[[Page 198]]

that an application conforms to the prescribed requirements is made by 
this independent accounting firm and not the SRA.
    (B) The SRA or the independent accounting firm will notify the 
Permit Holder if the Bid is non-conforming and, in such cases, the 
Permit Holder may submit a revised, conforming Bid within the prescribed 
period (i.e., until the bid closing date).
    (3) Enrollment period. Applications that meet all requirements will 
be accepted until the bid selection process is completed but no later 
than the bid closing date specified by the SRA. The SRA will have a 
period of 21 days after the bid closing date to consult with CFEC and 
examine bid results to complete the selection process.
    (4) Effective date. The effective date of any Bid shall be when the 
SRA has completed the selection process and signed the Bid.
    (5) Notice. The SRA will notify each Accepted Bidder, via certified 
mail, of the effective date of the Bid Agreement.
    (6) Conflicts. Where terms and conditions in the Bid, Relinquishment 
Contract, Conditional Notice, and Conditional Relinquishment conflict 
with this regulation, the terms and conditions in the regulation are 
controlling.
    (d) Bid selection process. The fishing capacity removed by the 
Reduction Plan shall be represented by the total number of valid CFEC 
permits, whether active or latent, that are voluntarily offered by 
Permit Holders and selected by the SRA up to an aggregate amount of 
$23,476,500. Due to a rescission of funds, the underlying appropriations 
for this Reduction Program were reduced from $250,000 to $234,765, 
resulting in a loan ceiling of $23,476,500.
    (1) Overview. The Selection Process shall begin upon the receipt by 
the SRA of the first application and shall continue until: The bid 
closing date specified by the SRA (paragraph (c)(1) of this section); or 
the ranking of the next lowest bid would cause the total program costs 
to exceed $23,476,500. The SRA will have a period of 21 days after the 
bid closing date to consult with CFEC and examine bid results to 
complete the selection process. When either one of these events is 
reached, the Selection Process shall be completed.
    (i) During the selection process, the SRA in consultation with the 
CFEC shall examine each submitted Bid for consistency and the necessary 
elements, including the validity of the permit and whether any 
authorized party holds a security interest in the permit.
    (ii) [Reserved]
    (2) Bids. By submitting the Bid, the bidder expressly acknowledges 
that he makes an irrevocable offer to relinquish to CFEC a permit for a 
specific price, and once having submitted the Bid, the bidder is not 
entitled to withdraw or in any way amend the Bid. The permit will be 
relinquished for the price set forth in the Bid contingent on such Bid 
being accepted by the SRA at the closing of the Selection Process. Any 
attempted withdrawal by a bidder shall be invalid, and the Bid shall 
remain a binding, irrevocable offer, unaffected by the attempted 
withdrawal. Any bid that is submitted by a Permit Holder but is not 
accepted by the SRA shall be deemed terminated and both the Permit 
Holder and the SRA will have no further obligation with respect to the 
Bid.
    (i) If a Permit Holder holds more than one permit, the Permit Holder 
must submit a separate Bid for each permit that he/she offers to 
relinquish.
    (ii) By submitting a Bid, the Permit Holder warrants and represents 
that he/she has read and understands the terms of the Program 
Regulations, Bid, Relinquishment Contract, Conditional Notice and 
Conditional Relinquishment, and has had the opportunity to seek 
independent legal counsel regarding such documents and the consequences 
of submitting the Bid Agreement.
    (3) Ranking. The SRA shall rank all conforming bids by using a 
reverse auction in which the SRA ranks the Bid with the lowest dollar 
amount and successively ranks each additional Bid with the next lowest 
dollar amount until there are no more Bids or the ranking of the next 
lowest bid would cause the total program cost to exceed $23,476,500. In 
the event of a tie with bids which results in the tied bids exceeding 
$23,476,500, the SRA will select

[[Page 199]]

the tied bid first received, if known. If the receipt time cannot be 
determined, neither bid will be accepted.
    (4) Acceptance and post-acceptance restriction of renewals and 
transfers. Upon expiration of the bid closing date, the SRA shall 
determine whether the number of ranked bids it is willing to accept is 
sufficient to achieve a substantial reduction in harvest capacity and 
increased economic efficiencies for those Permit Holders remaining in 
the fishery. If the SRA makes such a determination and thereafter 
accepts bids, the SRA shall send CFEC the Conditional Notice form 
restricting renewal and transfer of each permit for which a bid was 
accepted. The Bid, Relinquishment Contract, Conditional Notice and 
Conditional Relinquishment are terminated for any rejected bid and the 
applicant is no longer bound by the terms of these documents.
    (e) Plan submission and approval--(1) Submitting the reduction plan. 
Within 30 days of concluding the selection process, the SRA shall submit 
the Reduction Plan, consisting of the aggregate of all Bid Agreements, 
Relinquishment Contracts, Conditional Notices and Conditional 
Relinquishments, together with supporting documents and rationale, to 
NMFS for final approval on behalf of the Secretary. The Reduction Plan 
shall include a listing of accepted bids arranged by bid amount from 
lowest to highest bid, attended by a statement from the SRA that all 
other bids received were higher than the largest dollar amount of the 
last bid accepted.
    (2) Required findings. In order to approve a Reduction Plan, the 
Assistant Administrator of NMFS, on behalf of the Secretary, must find 
that: The Reduction Plan is consistent with the amended Consolidated 
Appropriations Act of 2005 and applicable sections of the Magnuson-
Stevens Act, particularly that it is cost-effective; the Reduction Plan 
will result in the maximum sustained reduction in fishing capacity at 
the least cost; and the Reduction Plan will increase harvesting 
productivity for post-reduction Permit Holders participating in the 
fishery.
    (3) The referendum. If NMFS approves the Reduction Plan and 
subsequent to the publication of a final rule resulting from this rule, 
NMFS shall conduct a referendum to determine the industry's willingness 
to repay a fishing capacity reduction loan to purchase the permits 
identified in the Reduction Plan. NMFS shall publish a notice in the 
Federal Register requesting votes by Permit Holders on whether to accept 
or reject the Reduction Plan for implementation. The notice shall state 
the starting and ending dates and times of the voting period, which 
shall be not less than twenty one (21) nor more than thirty (30) 
calendar days from the date of such notice.
    (i) Such notice shall state the name and address of record of each 
eligible voter, as well as the basis for having determined the 
eligibility of those voters. This shall constitute notice and 
opportunity to respond about adding eligible voters, deleting ineligible 
voters, and/or correcting any voter's name and address of record, and 
will provide a 15 day period to make these changes. If, in NMFS' 
discretion, the comments received in response to such notice warrants 
it, or for other good cause, NMFS may modify such list by publishing 
another notice in the Federal Register. NMFS shall issue ballots to 
eligible voters, tally votes, and notify voters whether the referendum 
was successful or unsuccessful in approving the Reduction Plan 
consistent with the provisions of Sec. 600.1010.
    (ii) A successful referendum by a majority of the Permit Holders in 
the Reduction Fishery shall bind all parties and complete the reduction 
process. NMFS shall publish a notice in the Federal Register advising 
the public that the referendum was successful. Thereafter the Reduction 
Program shall be implemented.
    (iii) The provisions of Sec. 600.1010 and Sec. 600.1017(a)(1)-(4) 
shall apply to any referendum on the Reduction Plan of this section to 
the extent that they do not conflict with this section or with subpart M 
of this part.
    (f) Implementation--(1) Reduction payments. Within 60 days of a 
successful referendum, the CFEC will provide notice to NMFS of the 
permits retired from the Reduction Fishery. Upon receiving such 
notification, NMFS will then tender the accepted bid amounts to the 
Permit Holders. Reduction payments may not exceed $23,476,500 and if

[[Page 200]]

the SRA accepts a total number of bids in an aggregate amount less than 
$23,476,500, any remaining funds would be available for reduction 
payments as part of a later, separate Reduction Plan conforming to these 
regulations. Upon NMFS tendering the reduction program's payments to the 
selected Permit Holders, each such Permit Holder must permanently stop 
all fishing with the relinquished permit(s).
    (2) Repayment term. As authorized by the Act, the Reduction Loan 
shall be amortized over a forty (40) year term. The Reduction Loan's 
original principal amount may not exceed $23,476,500, but may be less if 
the ultimate reduction cost is less. The final Reduction Loan periodic 
payment amount will be determined by NMFS' analysis of the ability of 
the post-reduction fishery to service debt. The provisions of Sec. Sec. 
600.1012-600.1017 shall apply to any reduction loan, fee payment and 
collection under this section to the extent they do not conflict with 
this section or with subpart M of this part.
    (3) Loan repayment. Permit Holders operating in the fishery shall be 
obligated to pay the fee in accordance with this section. In the event 
that payments made under the Reduction Plan are insufficient to pay the 
Reduction Loan within the 40-year term, NMFS shall extend the term of 
the repayment until the Reduction Loan is paid in full.
    (i) Interest. The Reduction Loan's interest rate will be the U.S. 
Treasury's cost of borrowing equivalent maturity funds plus two percent. 
NMFS will determine the Reduction Loan's initial interest rate when NMFS 
borrows from the U.S. Treasury the funds with which to disburse 
reduction payments. Interest will begin accruing on the Reduction Loan 
from the date on which NMFS disburses such loan. The initial interest 
rate will change to a final interest rate at the end of the Federal 
fiscal year in which NMFS borrows the funds from the U.S. Treasury. The 
final interest rate will be two percent plus a weighted average, 
throughout that fiscal year, of the U.S. Treasury's cost of borrowing 
equivalent maturity funds. The final interest rate will be fixed and 
will not vary over the remainder of the reduction loan's 40-year term. 
The Reduction Loan will be subject to a level debt amortization. There 
is no prepayment penalty.
    (ii) Fees. Post-reduction Permit Holders operating in the fishery 
shall be obligated to pay the fee in accordance with paragraph (f) of 
this section. The amount of such fee will be calculated by NMFS on an 
annual basis as the principal and interest payment amount necessary to 
amortize the loan over a 40-year term. The fee shall be expressed as a 
percentage of the ex-vessel value of all salmon harvested and landed in 
the fishery. In the event that payments made under the Reduction Plan 
are insufficient to repay the Reduction Loan within the 40-year term, 
NMFS shall extend the term of the repayment until the Reduction Loan is 
paid in full.
    (A) Fees must be assessed and collected on all salmon harvested in 
the fishery. Although the fee could be up to three percent of the ex-
vessel price of all post-reduction landings, the fee will be less than 
three percent if NMFS projects that a lesser rate can amortize the 
Reduction Loan over the 40-year term. To verify that the fees collected 
do not exceed three percent of the fishery revenues, NMFS will compare 
the annual total of principal and interest due with the latest available 
annual revenues in the fishery to ensure that it is equal to or less 
than three percent of the total ex-vessel production revenues. In the 
event that any of the components necessary to calculate the next year's 
fee are not available, or postponed, the fee will remain at the previous 
year's amount until such time as new calculations are made and 
communicated to the post-reduction fishery participants.
    (B) If the fishery does not open during a year, interest will 
continue to accrue on the principal balance even though no fee revenue 
will be generated. When this happens, if the fee is not already at the 
maximum three percent, NMFS shall increase the fee to the maximum three 
percent, apply all subsequent fee revenue first to the payment of 
accrued interest, and continue the maximum fee rates until the principal 
and interest payments become current. Once all principal and interest 
payments are current, NMFS will

[[Page 201]]

make a determination about adjusting the fee rate.
    (iii) Collection. The buyer who first purchases the salmon landed in 
the fishery shall be responsible for collecting and submitting the 
repayment fees to NMFS monthly. The fees shall be submitted to NMFS no 
later than fifteen (15) calendar days following the end of each calendar 
month.
    (iv) Recordkeeping and reporting. The dealer who first purchases the 
salmon landed in the fishery shall be responsible for compliance with 
the applicable recordkeeping and reporting requirements.
    (A) All requirements and penalties set forth in the provisions of 
Sec. Sec. 600.1013 (Fee payment and collection), 600.1014 (Fee 
collection deposits, disbursements, records, and reports), 600.1015 
(Late charges), and 600.1017 (Prohibitions and penalties) shall apply to 
any dealer who purchases salmon in the fishery, and to any fee 
collection under this section, to the extent they do not conflict with 
this section or with subpart M of this part.
    (B) [Reserved]
    (g) Specific performance under the relinquishment contract. The 
parties to the Relinquishment Contract have agreed that the opportunity 
to develop and submit a capacity reduction program for the fishery under 
the terms of the Act is both unique and finite. The failure of a Permit 
Holder, whose bid was accepted, to perform the obligations under the 
Relinquishment Contract will result in irreparable damage to the SRA and 
all the other Permit Holders. Accordingly, the parties to the 
Relinquishment Contract expressly acknowledge that money damages are an 
inadequate means of redress and agree, that upon failure of the Permit 
Holder to fulfill his/her obligations under the Relinquishment Contract, 
that specific performance of those obligations may be obtained by suit 
in equity brought by the SRA in any court of competent jurisdiction 
without obligation to arbitrate such action.
    (h) Enforcement for failure to pay fees. The provisions and 
requirements of Sec. 600.1016 (Enforcement) shall also apply to fish 
sellers and fish buyers subject to this fishery.
    (i) Prohibitions and penalties. Fish buyers are prohibited from 
purchasing fish from fish sellers who do not pay the required landing 
fees. Fish sellers are prohibited from selling to fish buyers who do not 
pay the required landing fees.

                    Appendix A to Sec. 600.1107--Bid

    This Bid (Bid) is entered between the individual named in section 
III, 11(a) of the Agreement and the Southeast Revitalization Association 
(SRA).

                             I. Definitions

    Unless otherwise defined, the following terms have the following 
meanings for the purpose of this Agreement.
    Acceptance means SRA acceptance of a Bid.
    Act means Section 209 of Title II of Division B of Public Law 108-
447, Consolidated Appropriations Act of 2005; as amended by Section 121 
of Public Law 109-447, Magnuson-Stevens (MSA) Reauthorization Act of 
2006.
    Bid means a bidder's irrevocable offer to relinquish a permit.
    Bid amount means the dollar amount submitted by a bidder.
    Bidder means a permit holder who submits a bid.
    Conditional notice means the Commercial Fisheries Entry Commission 
(CFEC) form that any Bidder must sign and agree to abide by upon 
submission of a Bid Agreement.
    Conditional relinquishment means the CFEC form that any Permit 
Holder, agreeing to relinquish a permit, must sign and agree to abide by 
upon SRA acceptance of the bid.
    Fishery means the Southeast Alaska administrative area as defined 
under Title 5 Alaska Administrative Code Section 33.100 for salmon with 
purse seine gear.
    Permit means a valid entry permit issued by CFEC to operate in the 
Southeast Alaska purse seine salmon fishery.
    Permit holder means an individual who at the time of bidding is the 
holder of record of a permit.
    Reduction plan means the aggregate of all Bids, Relinquishment 
Contracts (Appendix B), Commercial Fisheries Entry Commission (``CFEC'') 
Conditional Notice and Conditional Relinquishment (Appendices C & D), 
and supporting documents and rationale; submitted to the Secretary for 
approval.
    Referendum means the voting procedure to determine the Permit 
Holder's willingness to repay a fishing capacity reduction loan to 
purchase the permits identified in the Plan.
    Relinquishment contract means the contract that any bidder agreeing 
to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150(i) 
must sign and agree to abide by upon acceptance of the Bid, and before 
payment of the bid amount.

[[Page 202]]

    Secretary means the Secretary of Commerce or his/her designee.
    Southeast Revitalization Association (SRA) means the qualified 
fishery association authorized to develop and implement this capacity 
reduction program under Alaska Statute 16.40.250 and Federal law.

                              II. Recitals

    Whereas Alaska Statute 16.40.250 and the Act authorize a fishing 
capacity reduction program for the fishery;
    Whereas, within 30 days of concluding the selection process, the SRA 
shall submit the Reduction Plan, together with supporting documents and 
rationale, to NMFS for final approval on behalf of the Secretary;
    Whereas, the reduction Plan's express objective is to reduce fishing 
capacity by permanently revoking permits thereby promoting economic 
efficiency, improving flexibility in the conservation and management of 
the fishery and obtain the maximum reduction in permits at the least 
cost;
    Whereas, the SRA can implement the Reduction Plan only after giving 
notice to all Permit Holders and subsequent approval of the reduction 
Plan by referendum.
    Whereas, the Agreement submitted by the bidder and the SRA is an 
integral element of the Reduction Plan.
    Now, therefore, for good and valuable consideration, the sufficiency 
of which is hereby acknowledged, the SRA and bidder agree as follows:

                        III. Terms and Conditions

    1. Form. By completing and submitting this Bid to the SRA the bidder 
hereby offers to permanently relinquish, and have the CFEC revoke, the 
permit. The SRA signing the Bid and subsequent NMFS payment to bidder in 
the exact bid amount set forth in section III, 11(f) of the Bid is full 
and complete consideration.
    2. Irrevocable. The bidder expressly acknowledges that by submitting 
the Bid he/she makes an irrevocable offer to relinquish the permit and 
once having submitted the Bid is not entitled to withdraw or in any 
manner amend the Bid. The receipt date that the SRA marks on the Bid 
constitutes the date of the bidder's submittal.
    3. Warranty. The bidder warrants and represents that he/she is the 
holder of record of the permit, according to the CFEC records, and that 
he/she has read and understands the terms of the Program Regulations, 
Bid, Relinquishment Contract, Conditional Notice and the Conditional 
Relinquishment and has had the opportunity to seek independent legal 
counsel regarding such documents and the consequences of submitting the 
Bid.
    4. Validity. The SRA, in consultation with the CFEC, shall examine 
each Bid for completeness and consistency. The SRA shall notify the 
bidder if the Bid is non-conforming. In such cases, the bidder may 
submit a revised, conforming Bid within the prescribed period (i.e., 
until the bid closing date).
    5. Ranking. The SRA shall rank the bid amount entered in section 
III, 11(f) of this Bid by using a reverse auction in which the SRA ranks 
the Bid with the lowest dollar amount and successively ranks each 
additional Bid with the next lowest dollar amount until there are no 
more Bids or the ranking of the next lowest Bid would exceed the total 
program cost. In the event of a tie with bids which results in the tied 
bids exceeding $23,476,500, the SRA will select the tied bid first 
received.
    6. Acceptance and Rejection. If the Bid is accepted, the SRA shall 
formally notify the bidder in writing. If the SRA rejects the Bid, the 
SRA will formally notify the bidder in writing and the Bid shall 
terminate without further obligation.
    7. Restriction of Transfer of permit: Upon acceptance, the SRA will 
send the CFEC the Conditional Notice, restricting transfer of the permit 
until such time as: The SRA notifies the bidder that the Plan is not in 
compliance with the Act and will not be approved; or NMFS notifies the 
bidder the referendum was unsuccessful.
    8. Payment. Within 60 days from the close of the voting period of a 
successful referendum, the CFEC will provide notice to NMFS of the 
permits retired from the Reduction Fishery. Upon receiving such notice, 
NMFS will then tender the accepted bid amounts to the Permit Holders.
    9. Specific Performance. The failure of a bidder whose Bid was 
accepted to comply with the terms of this Bid will result in irreparable 
damage to the SRA and its members because the Bid was part of the basis 
for the Plan submitted to the Secretary for approval. Accordingly, the 
SRA and bidder expressly acknowledge that money damages are an 
inadequate means of redress and agree that specific performance of those 
obligations may be obtained by suit in equity brought by the SRA in any 
court of competent jurisdiction without obligation to arbitrate such 
action.
    10. Submission. This Bid must be submitted within the prescribed 
period to the SRA, c/o Elgee, Rehfeld, Mertz, LLC, Professional Plaza 
Building B, 9309 Glacier Highway, Suite B-200, Juneau, AK 99801.
    11. Complete Bid Information: To fully and accurately complete this 
Bid, the bidder must fully complete the following questions and provide 
an exact photocopy of the permit. The Bidder must further sign this 
form, Appendices B, C, and D to Sec. 600.1107, and acknowledge the 
signature before a notary public.
    (a) BIDDER'S NAME. This must be the full and exact legal name of 
record of the person bidding. Insert the name of the bidder.

[[Page 203]]



------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (b) BIDDER'S ADDRESS OF RECORD. Insert the full and exact address of 
record for the bidder.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (c) BIDDER'S TELEPHONE NUMBER. Insert the full and exact telephone 
number of the bidder.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (d) BIDDER'S ELECTRONIC MAIL ADDRESS (if available). Insert the full 
and exact e-mail address of the bidder.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (e) PERMIT. Insert the full and exact permit number(s) of the 
bidder. Enclose with this Bid an exact photocopy of the permit.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (f) BID AMOUNT. Insert, in U.S. dollars, the bid's full and exact 
amount, both in words and numbers.

------------------------------------------------------------------------
                  In words                            In numbers
------------------------------------------------------------------------
                                             $
 
------------------------------------------------------------------------

    (g) SECURITY INTERESTS. Insert the name of any authorized third 
party that may hold a security interest in the permit.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
------------------------------------------------------------------------

    (h) SOCIAL SECURITY NUMBER. Insert the full and exact social 
security number of the bidder.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------

    (i) BID SIGNATURE. In compliance with applicable law and this Bid, 
the bidder submits the above bid amount as an offer to the SRA for the 
permanent relinquishment of his/her permit. By completing the sections 
above and signing below, the bidder acknowledges that the bidder has 
completely reviewed this Bid and attachments. The bidder warrants that 
the bidder is fully able to enter into the Relinquishment Contract. The 
bidder expressly warrants and attests that all information included 
herein is accurate.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Signature
 
------------------------------------------------------------------------
Printed Name
 
------------------------------------------------------------------------
Date of Signature
 
------------------------------------------------------------------------

    State of: ---------------- County/Borough of: ----------------
    I certify that ------------------------ is the person who appeared 
before me and said person acknowledged that he/she signed this Bid and 
on oath stated that he/she was authorized to execute such document and 
acknowledged it to be the free and voluntary act of him/her for the uses 
and purposes mentioned in such document.
    Notary Public's Signature: ------------------------Dated: ----------
--
    My Commission Expires: ------------------------
    12. SRA SIGNATURE. By signing below, the SRA acknowledges acceptance 
of this Bid, including the bidder's bid amount.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Signature
 
------------------------------------------------------------------------
Printed Name
 
------------------------------------------------------------------------
Date of Signature
 
------------------------------------------------------------------------

Appendix B to Sec. 600.1107--Relinquishment Contract: Southeast Alaska 
                    Salmon Purse Seine Permit Holders

    This Relinquishment Contract (``Contract'') and agreement is entered 
into between the Southeast Revitalization Association (``SRA'') and the 
bidder named in Section 11(a) of the Bid. The contract is effective when 
the bidder signs the Bid and this contract and, thereby, agrees to 
relinquish

[[Page 204]]

his/her permit, issued by the Alaska Commercial Fisheries Entry 
Commission (``CFEC'') for the Southeast Alaska salmon purse seine 
fishery (``fishery'').
    Whereas Alaska Statute 16.40.250 and Federal law authorize a fishing 
capacity reduction program for the fishery;
    Whereas, upon accepting and signing the Bid, the SRA shall submit a 
Reduction Plan to NMFS;
    Whereas, the Reduction Plan's express objective is to reduce fishing 
capacity by permanently revoking permits thereby promoting economic 
efficiency, improving flexibility in the conservation and management of 
the fishery and obtain the maximum reduction in permits at the least 
cost;
    Whereas, this contract is subject to the terms and conditions set 
forth herein, including the CFEC forms marked as Appendices C and D to 
Sec. 600.1107;
    Now, therefore, for valuable consideration and the covenants 
hereinafter set forth, the parties hereto agree as follows:
    1. The foregoing, including the Bid and specifically the definitions 
under section 1, are expressly incorporated herein by this reference.
    2. Under AS 16.43.150(i), the Bidder agrees to permanently 
relinquish and have the CFEC revoke the permit.
    3. The Bidder represents that, as of the date of submitting the 
contract, he or she is the holder of record of the permit according to 
the CFEC official permit records.
    4. Upon notification by the SRA to the Bidder that the SRA accepted 
the bid; the SRA will submit to the CFEC the Permit Holder's executed 
notice form (Appendix C to Sec. 600.1107) and executed relinquishment 
form (Appendix D to Sec. 600.1107).
    5. In the event an authorized third party holds a security interest 
in the permit, NMFS will not make payment until receiving notice of 
written consent by the third party to the SRA and the CFEC on a form 
provided by the CFEC.
    6. NMFS' payment to the accepted bidder in the exact amount of the 
accepted bid amount is full and complete consideration for the CFEC 
revoking the permit.
    7. The bidder shall, upon the SRA or the CFEC request, furnish such 
additional documents, information, or take such other actions as may be 
reasonably required to enable the CFEC to implement relinquishment of 
the permit.
    8. The bidder consents to the public release of any information 
provided in connection with the contract or program requirements after 
completion of the plan.
    9. The contract contains the final terms and conditions of this 
agreement between the parties and represents the entire and exclusive 
agreement between them.
    10. The contract terms are severable, and, in the event that any 
portion of the contract is held to be unenforceable, the remaining 
portion shall remain fully enforceable against the parties.
    11. Any and all disputes involving the contract shall be governed by 
laws of the State of Alaska. The bidder expressly acknowledges that by 
submitting the Bid, he/she makes an irrevocable offer to relinquish the 
permit, and once having submitted the Bid, is not entitled to withdraw 
or in any way amend the Bid.
    12. The failure of a bidder to perform his/her obligations under the 
Bid will result in irreparable damage to the SRA and its members upon 
submittal of the Plan to the Secretary for approval. Accordingly, the 
SRA and the bidder expressly acknowledge that money damages are an 
inadequate means of redress and agree that upon failure of the bidder to 
fulfill his/her obligations under the Bid that specific performance of 
those obligations may be obtained by suit in equity brought by the SRA 
in any court of competent jurisdiction without obligation to arbitrate 
such action.

    Bidder's Signature and Notary's Acknowledgement and Certification
------------------------------------------------------------------------
          Bidder signature                     Notary signature
------------------------------------------------------------------------
(1) Sign                             (1) Sign
(2) Print the following:             (2) Print the following:
    (a) signer's name                   (a) name
    (b) signing date                    (b) signing date
    (c) state and city/borough       (3) date commission expires, and
                                      State and city/borough. Each
                                      notary signature attests to the
                                      following: ``I certify that I know
                                      or have satisfactory evidence that
                                      the person who is signed in the
                                      1st column of this same row is the
                                      person who appeared before me and:
                                      (1) Acknowledged his/her
                                      signature; (2) on oath, stated
                                      that he/she was authorized to
                                      sign; and (3) acknowledged that he/
                                      she did so freely and
                                      voluntarily.''
(1)                                  (1)
(2)(a)                               (2)(a)
(2)(b)                               (2)(b)
(2)(c)                               (3)
------------------------------------------------------------------------


[[Page 205]]

      II. Southeast Revitalization Association signature Southeast 
                       Revitalization Association

 Dated:_________________________________________________________________

 By:____________________________________________________________________

Appendix C to Sec. 600.1107--Conditional Notice to CFEC and Request by 
                              Permit Holder

    In support of my Bid to the Southeast Revitalization Association 
(SRA), I have executed this Conditional Notice and request and authorize 
the Southeast Revitalization Association (SRA) to submit this executed 
document to the Alaska Commercial Fisheries Entry Commission (CFEC) in 
the event that the SRA accepts my bid to permanently relinquish my 
Southeast Salmon Purse Seine Entry Permit under AS 16.43.150(i).
    I hereby notify the CFEC that the SRA has accepted my Bid to 
permanently relinquish my Southeast Salmon Purse Seine Entry Permit #--
------------.
    I request the CFEC: (1) not to renew my above-identified entry 
permit; and (2) not to authorize any transfer of my entry permit.
    DATED this ------ day of ---------- , 2011.
________________________________________________________________________

(Permit Holder/Bidder)
    SUBSCRIBED AND SWORN TO before me this ------ day of ---------- , 
2011.
________________________________________________________________________

Notary Public, State of ------------------

My commission expires: --------------

 Appendix D to Sec. 600.1107--Conditional Relinquishment of Southeast 
                     Salmon Purse Seine Entry Permit

                            [AS 16.43.150(i)]

    Upon satisfaction of the conditions that the Southeast 
Revitalization Association (SRA) accepts my bid and that NMFS agrees to 
pay my full bid amount to me, the SRA may submit this executed 
Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit 
to the Commercial Fisheries Entry Commission.
    I fully understand this relinquishment of my permanent entry permit 
#-------------- under AS 16.43.150(i) is permanent, and I will not be 
able to reinstate the permit.
    DATED this ------ day of ---------- , 2011.
________________________________________________________________________

(Permit Holder/Bidder)

    SUBSCRIBED AND SWORN TO before me this ------ day of ---------- , 
2011.
________________________________________________________________________

Notary Public, State of ------------------
My commission expires: --------------

[76 FR 61990, Oct. 6, 2011]



Sec. 600.1108  Longline catcher processor subsector of the Bering Sea
and Aleutian Islands (BSAI) non-pollock groundfish fishery program.

    (a) Purpose. This section implements the capacity reduction program 
that Title II, section 219(e) of Public Law 108-447 established for the 
longline catcher processor subsector of the Bering Sea and Aleutian 
Islands (BSAI) non-pollock groundfish fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L and Sec. 600.1105 of subpart M 
of this part expressly apply to this section. The following terms have 
the following meanings for the purpose of this section:
    Reduction fishery means the Hook & Line, Catcher Processor (Longline 
Subsector); sometimes referred to as the ``H&LCP Subsector) portion of 
the BSAI Pacific cod ITAC (in metric tons) set by the North Pacific 
Fishery Management Council (NPFMC) in December of each year multiplied 
by 2,205 (i.e., the rounded number of pounds in a metric ton)or the 
Longline Subsector of the BSAI non-pollock groundfish fishery that Sec. 
679.2 of this chapter defined as groundfish area/species endorsement.
    (c) Capacity Reduction Program. As a result of the completion of the 
Selection Process, written notification from the FLCC to NMFS 
identifying the selected offeror, and submission of the reduction plan, 
the capacity reduction program is implemented as follows:
    (1) Loan repayment--(i) Term. As authorized by section 219(B)(2) of 
the Appropriations Act, the capacity reduction loan (the Reduction Loan) 
shall be amortized over a thirty (30) year term. The Reduction Loan's 
original principal amount may not exceed the amount approved by the 
subsector. The subsector has currently approved a loan of two million 
seven hundred thousand dollars ($2,700,000). Subsector Members 
acknowledge that in the event payments made under the Reduction Plan are 
insufficient to repay the actual loan, the term of repayment shall be 
extended by NMFS until the loan is paid in full. Repayment calculations 
and records will be kept separately for each program.

[[Page 206]]

    (ii) Interest. The Reduction Loan's interest rate will be the U.S. 
Treasury's cost of borrowing equivalent maturity funds plus 2 percent. 
NMFS will determine the Reduction Loan's initial interest rate when NMFS 
borrows from the U.S. Treasury the funds with which to disburse 
reduction payments. The initial interest rate will change to a final 
interest rate at the end of the Federal fiscal year in which NMFS 
borrows the funds from the U.S. Treasury. The final interest rate will 
be 2 percent plus a weighted average, throughout that fiscal year, of 
the U.S. Treasury's cost of borrowing equivalent maturity funds. The 
final interest rate will be fixed, and will not vary over the remainder 
of the reduction loan's 30-year term. The Reduction loan will be subject 
to a level debt amortization. There is no prepayment penalty.
    (iii) Fees. The Reduction Loan shall be repaid by fees collected 
from the Longline Subsector. The fee amount will be based upon: The 
principal and interest due over the next twelve months divided by the 
product of the Longline Subsector. In the event that the Longline 
Subsector portion for the ensuing year is not available, the Longline 
Subsector portion forecast from the preceding year will be used to 
calculate the fee.
    (A) The fee will be expressed in cents per pound rounded up to the 
next one-tenth of a cent. For example: If the principal and interest due 
equal $2,900,000 and the Longline Subsector portion equals 100,000 
metric tons, then the fee per round weight pound of Pacific cod will 
equal 1.4 cents per pound. [2,900,000/(100,000 x 2,205) = .01315]. The 
fee will be assessed and collected on Pacific cod to the extent possible 
and if not, will be assessed and collected as provided for in paragraph 
(c)(1)(iii)(B) of this section.
    (B) Fees must be assessed and collected on Pacific cod used for bait 
or discarded. Although the fee could be up to 5 percent of the ex-vessel 
production value of all post-reduction Longline Subsector landings, the 
fee will be less than 5 percent if NMFS projects that a lesser rate can 
amortize the fishery's reduction loan over the reduction loan's 30-year 
term. In the event that the total principal and interest due exceeds 5 
percent of the ex-vessel Pacific cod revenues, a standardized additional 
fee will be assessed. The additional fee shall be one cent per pound 
round weight, which is calculated based on the latest available revenue 
records and NMFS conversion factors for pollock, arrowtooth flounder, 
Greenland turbot, skate, yellowfin sole and rock sole.
    (C) To verify that the fees collected do not exceed 5 percent of the 
fishery revenues, the annual total of principal and interest due will be 
compared to the latest available annual Longline Subsector revenues. In 
the event that any of the components necessary to calculate the next 
year's fee are not available, or for any other reason NMFS believes the 
calculation must be postponed, the fee will remain at the previous 
year's amount until such a time that new calculations are made and 
communicated to the post-reduction fishery participants.
    (D) It is possible that the fishery may not open during some years 
and no Longline Subsector portion of the ITAC is granted. Consequently, 
the fishery will not produce fee revenue with which to service the 
reduction loan during those years. However, interest will continue to 
accrue on the principal balance. When this happens, if the fee rate is 
not already at the maximum 5 percent, NMFS will increase the fishery's 
fee rate to the maximum 5 percent of revenue for Pacific cod, apply all 
subsequent fee revenue first to the payment of accrued interest, and 
continue the maximum fee rates until all principal and interest payments 
become current. Once all principal and interest payments are current, 
NMFS will make a determination about adjusting the fee rate.
    (iv) Reduction loan. NMFS has promulgated framework regulations 
generally applicable to all fishing capacity reduction programs in 
subpart L of this part. The reduction loan shall be subject to the 
provisions of Sec. 600.1012, except that: the subsector members' 
obligation to repay the reduction loan shall be discharged by the owner 
of the Longline Subsector license regardless of which vessel catches 
fish under this license and regardless of who processes

[[Page 207]]

the fish in the reduction fishery in accordance with Sec. 600.1013. 
Longline Subsector license owners in the reduction fishery shall be 
obligated to collect the fee in accordance with Sec. 600.1013.
    (v) Collection. The LLP License holders of vessels harvesting in the 
post-capacity reduction plan Longline Subsector shall be responsible for 
self-collecting the repayment fees owed by the LLP License holder. Fees 
shall be submitted to NMFS monthly and shall be due no later than 
fifteen (15) calendar days following the end of each calendar month.
    (vi) Recordkeeping and reporting. The holder of the LLP Licenses on 
which vessels harvesting in the post-capacity reduction plan Longline 
Subsector is designated shall be responsible for compliance with the 
applicable recordkeeping and reporting requirements.
    (2) Agreement with Secretary. The Selected Offeror shall complete 
and deliver to the FLCC for inclusion in the Reduction Plan submitted to 
NMFS, designee for the Secretary, a completed and fully executed 
Reduction Contract. The LLP License set forth on the Selected Offer 
shall be included as Reduction Fishing Interests in such Reduction 
Contract.
    (d) Decisions of the Auditor and the FLCC. Time was of the essence 
in developing and implementing a Reduction Plan and, accordingly, the 
Offeror is limited to, and bound by, the decisions of the Auditor and 
the FLCC.
    (1) The Auditor's examination of submitted applications, Offers, 
Prequalification Offers and Rankings was solely ministerial in nature. 
That is, the Auditor verified whether the documents submitted by 
Subsector Members were, on their face, consistent with each other and 
the Database, in compliance with the requirements set forth in the 
Reduction Agreement, and signed by an Authorized Party. The Auditor 
presumed the validity of all signatures on documents submitted. The 
Auditor made no substantive decisions as to compliance (e.g., whether an 
interim LLP License satisfies the requirements of the Act, or whether a 
discrepancy in the name appearing on LLP Licenses and other documents 
was material).
    (2) [Reserved]
    (e) Specific performance. The parties to the Reduction Agreement 
have agreed that the opportunity to develop and submit a capacity 
reduction program for the Longline Subsector under the terms of the 
Appropriations Act is both unique and finite and that failure of the 
Selected Offeror to perform the obligations provided by the Reduction 
Agreement will result in irreparable damage to the FLCC and the 
Subsector Members. Accordingly, the parties to the Reduction Agreement 
expressly acknowledge that money damages are an inadequate means of 
redress and agree that upon the failure of the Selected Offeror to 
fulfill their obligations under the Reduction Agreement that specific 
performance of those obligations may be obtained by suit in equity 
brought by the FLCC in any court of competent jurisdiction without 
obligation to arbitrate such action.
    (f) Miscellaneous-- (1) Termination. The Reduction Agreement may be 
terminated at any time prior to approval of the Reduction Plan by NMFS, 
on behalf of the Secretary, by written notice from 50 percent of 
Subsector Members.
    (2) Choice of law/venue. The Reduction Agreement shall be construed 
and enforced in accordance with the laws of the State of Washington 
without regard to its choice of law provisions. The parties submit to 
the exclusive personal jurisdiction of the United States District Court 
located in Seattle, Washington, with respect to any litigation arising 
out of or relating to the Reduction Agreement or out of the performance 
of services hereunder.
    (3) Incorporation. All executed counterparts of the Reduction 
Agreement, Application Forms and Offers constitute the agreement between 
the parties with respect to the subject matter of the Reduction 
Agreement and are incorporated into the Reduction Agreement as if fully 
written.
    (4) Counterparts. The Reduction Agreement may be executed in 
multiple counterparts and will be effective as to signatories on the 
Effective Date. The Reduction Agreement may be executed in duplicate 
originals, each of which shall be deemed to be an original instrument. 
All such counterparts and duplicate originals together shall constitute 
the same agreement, whether

[[Page 208]]

or not all parties execute each counterpart.
    (i) The facsimile signature of any party to the Reduction Agreement 
shall constitute the duly authorized, irrevocable execution and delivery 
of the Reduction Agreement as fully as if the Reduction Agreement 
contained the original ink signatures of the party or parties supplying 
a facsimile signature.
    (ii) [Reserved]
    (g) Amendment. All Subsector Members acknowledge that the Reduction 
Agreement, the Reduction Contract, and the Reduction Plan may be subject 
to amendment to conform to the requirements for approval of the 
Reduction Plan by NMFS on behalf of the Secretary. The Auditor shall 
distribute to each Subsector Member in electronic format the amended 
form of the Reduction Agreement, the Reduction Contract, and the 
Reduction Plan, which amended documents in the form distributed by the 
Auditor and identified by the Auditor by date and version, the version 
of each such document then in effect at the time of any dispute arising 
or action taken shall be deemed binding upon the parties with respect to 
such dispute and/or action.
    (h) Warranties. The Offeror must expressly warrant and represent in 
the Reduction Agreement that:
    (1) The Offeror has had an opportunity to consult with an attorney 
or other advisors with respect to the Reduction Agreement, the Reduction 
Contract, and the Act and the ramifications of the ratification of the 
Reduction Plan contemplated therein;
    (2) The Offeror has full understanding and appreciation of the 
ramifications of executing and delivering the Reduction Agreement and, 
free from coercion of any kind by the FLCC or any of its members, 
officers, agents and/or employees, executes and delivers the Reduction 
Agreement as the free and voluntary act of the Offeror;
    (3) The execution and delivery of the Reduction Agreement, does not 
and will not conflict with any provisions of the governing documents of 
the Offeror;
    (4) The person executing the Reduction Agreement has been duly 
authorized by the Offeror to execute and deliver the Reduction Agreement 
and to undertake and perform the actions contemplated herein; and
    (5) The Offeror has taken all actions necessary for the Reduction 
Agreement to constitute a valid and binding obligation, enforceable in 
accordance with its terms.
    (i) Approval of the Reduction Plan. Acceptance of the Offer is at 
the sole discretion of NMFS on behalf of the Secretary of Commerce. To 
be approved by NMFS, on behalf of the Secretary, any Reduction Plan 
developed and submitted in accordance with this section and subpart M of 
this part must be found by the Assistant Administrator of NMFS, to:
    (1) Be consistent with the requirements of section 219(e) of the FY 
2005 Appropriations Act (Pub. L. 108-447);
    (2) Be consistent with the requirements of section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861(a)) except for the requirement that a Council or Governor of a 
State request such a program (as set out in section 312(b)(1)) and for 
the requirements of section 312(b)(4);
    (3) Contain provisions for a fee system that provides for full and 
timely repayment of the capacity reduction loan by the Longline 
Subsector and that it provide for the assessment of such fees;
    (4) Not require a bidding or auction process;
    (5) Result in the maximum sustained reduction in fishing capacity at 
the least cost and in the minimum amount of time; and
    (6) Permit vessels in the Longline Subsector to be upgraded to 
achieve efficiencies in fishing operations provided that such upgrades 
do not result in the vessel exceeding the applicable length, tonnage, or 
horsepower limitations set out in Federal law or regulation.
    (j) Referendum. The following provisions apply to the Reduction Plan 
of this section to the extent that they do not conflict with subpart L 
of this part including Sec. Sec. 600.1009, 600.1010, 600.1013, and 
600.1014 or 16 U.S.C. 1861a; except where the referendum is successful 
if a majority of all permit holders within

[[Page 209]]

the fishery vote in favor of the Reduction Program is accordance with 18 
U.S.C. 1861a(d)(1)(B).
    (k)(1) Fee payment and collection system. Upon successful completion 
of the Referendum discussed above as authorized by Public Law 108-447 
and in accordance with 16 U.S.C. 1861a and Sec. 600.1012 this fee 
collection system establishes:
    (i) The subsector members' obligation to repay the reduction loan, 
and
    (ii) The loan's principal amount, interest rate, and repayment term; 
and
    (iii) In accordance with Sec. Sec. 600.1013 through 600.1016, 
implements an industry fee system for the reduction fishery.
    (2) Reduction loan amount. The reduction loan's original principal 
amount is $2,700,000.
    (3) Interest accrual from inception. Interest begins accruing on the 
reduction loan from the date which NMFS disburses such loan.
    (4) Interest rate. The reduction loan's interest rate shall be the 
applicable rate which the U.S. Treasury determines at the end of fiscal 
year in which loan is disbursed plus 2 percent.
    (5) Repayment terms. For the purpose of determining fee rates, the 
reduction loan's repayment term is 30 years from the date NMFS disburses 
the loan. However, fee collections shall continue indefinitely until the 
loan is fully repaid.
    (6) Reduction loan repayment. The subsector members shall repay the 
reduction loan in accordance with Sec. 600.1012. Both fish buyers and 
fish sellers are considered subsector members for purposes of fee 
collection, deposit, disbursement, and accounting in accordance with 
Sec. 600.1013.
    (i) Subsector members in the reduction fishery shall collect and pay 
the fee amount in accordance with Sec. 600.1105;
    (ii) Subsector members in the reduction fishery shall deposit and 
disburse, as well as keep records for and submit reports about, the 
applicable fees in accordance with Sec. 600.1014, except the 
requirements under paragraphs (c) and (e) of this section. All collected 
fee revenue a fish buyer collects to repay the loan identified in 
paragraph (c) of this section shall be made to NMFS no later than 
fifteen (15) calendar days following the end of each calendar month. The 
annual reports identified in paragraph (e) of this section shall be 
submitted to NMFS by February 1 of each calendar year.
    (iii) The reduction loan is, in all other respects, subject to the 
provisions of Sec. Sec. 600.1012 through 600.1017.
    (l) Enforcement for failure to pay fees. The provisions and 
requirements of Sec. 600.1016 (Enforcement) shall also apply to fish 
sellers and fish buyers subject to this fishery.

[77 FR 58779, Sept. 24, 2012]



      Subpart N_Shark Fin Removal, Possession, Transfer and Landing

    Source: 81 FR 42289, June 29, 2016, unless otherwise noted.



Sec. 600.1200  Purpose and scope.

    The regulations in this subpart implement the Shark Conservation Act 
of 2010.



Sec. 600.1201  Relation to other laws.

    (a) Regulations pertaining to conservation and management (including 
record keeping and reporting) for certain shark fisheries are also set 
forth in parts 635 (for Federal Atlantic Ocean, Gulf of Mexico, and 
Caribbean shark fisheries), 648 (for spiny dogfish fisheries), 660 (for 
fisheries off West Coast states), and 665 (for fisheries in the western 
Pacific) of this chapter.
    (b) This subpart does not apply to an individual engaged in 
commercial fishing for smooth dogfish (Mustelus canis) when the 
conditions in Sec. 635.30(c)(5) have been met.
    (c) This subpart does not supersede state laws or regulations 
governing conservation and management of state shark fisheries in state 
waters.



Sec. 600.1202  Definitions.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
in Sec. 600.10, the terms used in this subpart have the following 
meanings:
    Fin means any of the fins of a shark (including the tail) or a 
portion thereof.
    Land or landing means offloading fish, or causing fish to be 
offloaded,

[[Page 210]]

from a fishing vessel, either to another vessel or to a shore side 
location or facility, or arriving in port, or at a dock, berth, beach, 
seawall, or ramp to begin offloading fish.
    Naturally attached, with respect to a shark fin, means attached to 
the corresponding shark carcass through some portion of uncut skin.
    (b) If there is any difference between a definition in this section 
and in Sec. 600.10, the definition in this section is the operative 
definition for the purposes of this subpart.



Sec. 600.1203  Prohibitions.

    (a) It is unlawful for any person to do, or attempt to do, any of 
the following:
    (1) Remove a fin at sea.
    (2) To have custody, control, or possession of a fin, aboard a 
fishing vessel, unless the fin is naturally attached.
    (3) Transfer a fin from one vessel to another vessel at sea unless 
the fin is naturally attached.
    (4) Receive a fin in a transfer from one vessel to another vessel at 
sea unless the fin is naturally attached.
    (5) Land a fin unless the fin is naturally attached.
    (6) Land a shark carcass without all of its fins naturally attached.
    (7) Possess, purchase, offer to sell, or sell fins or shark 
carcasses taken, transferred, landed, or possessed in violation of this 
section.
    (8) When requested, fail to allow an authorized officer or any 
employee of NMFS designated by a Regional Administrator, or by the 
Director of the Office of Sustainable Fisheries in the case of the 
Atlantic Highly Migratory Species, access to or inspection or copying of 
any records pertaining to the landing, sale, transfer, purchase, or 
other disposition of fins or shark carcasses.
    (b) For purposes of this section, it is a rebuttable presumption 
that:
    (1) If a fin is found aboard a vessel, other than a fishing vessel, 
without being naturally attached, such fin was transferred in violation 
of this section.
    (2) If, after landing, the total weight of fins landed from any 
vessel exceeds five percent of the total weight of shark carcasses 
landed, such fins were taken, held, or landed in violation of this 
section.



               Subpart O_Limited Access Privilege Programs

    Authority: 16 U.S.C. 1801 et seq.

    Source: 73 FR 75973, Dec. 15, 2008, unless otherwise noted.



Sec. Sec. 600.1300-600.1309  [Reserved]



Sec. 600.1310  New England and Gulf of Mexico Individual Fishing
Quota Referenda.

    (a) Purpose and scope. This section establishes procedures and 
guidelines for referenda to be conducted on Individual Fishing Quota 
(IFQ) program proposals developed by the New England Fishery Management 
Council (NEFMC) and the Gulf of Mexico Fishery Management Council 
(GMFMC). These procedures and guidelines also apply to IFQ program 
proposals developed by NMFS for fisheries under the jurisdiction of the 
NEFMC or GMFMC, except for certain provisions that only apply to a 
fishery management council. This section provides guidance on developing 
voter eligibility and vote weighting, and establishes general procedures 
to ensure referenda are conducted in a fair and equitable manner.
    (b) Initiating IFQ referenda. (1) The NEFMC and the GMFMC shall not 
submit, and the Secretary shall not approve, an FMP or FMP amendment 
that would create an IFQ program until the IFQ program proposal, as 
ultimately developed, has been approved by a referendum of eligible 
voters. Paragraph (h) of this section provides criteria for determining 
the outcome of IFQ referenda.
    (2) To initiate a referendum on a proposed IFQ program:
    (i) The relevant Council must have held public hearings on the FMP 
or FMP amendment in which the IFQ program is proposed;
    (ii) The relevant Council must have considered public comments on 
the proposed IFQ program;
    (iii) The relevant Council must have selected preferred alternatives 
for the proposed IFQ program;

[[Page 211]]

    (iv) The chair of the Council with jurisdiction over such proposed 
IFQ fishery must request a referendum on the proposed IFQ program in a 
letter to the appropriate NMFS Regional Administrator;
    (v) The letter requesting initiation of a referendum must recommend 
voter eligibility criteria that are consistent with the applicable 
requirements of paragraph (c)(1) of this section and may also include 
recommended criteria for vote weighting. The letter must provide the 
rationale supporting the Council's recommendation, as well as such 
additional information and analyses as needed, consistent with 
applicable law and provisions of this section. If a Council recommends 
vote weighting criteria, the letter should fully describe the rationale 
for and the expected effects of such weighting on the referendum;
    (vi) NEFMC referenda initiation letters must: recommend criteria 
that are consistent with paragraph (c)(2)(iii) of this section for NMFS 
to use in determining the eligibility of other fishery participants to 
vote in the referendum; include the minimum percentage of a crew 
member's total income that must have been earned during the eligibility 
periods in the proposed IFQ fishery as discussed in paragraph (c)(2)(ii) 
of this section; and include criteria for ``referendum eligible 
vessels'' as described in paragraph (c)(2)(i) of this section; and
    (vii) GMFMC letters initiating referenda of multispecies permit 
holders in the Gulf of Mexico must include recommended criteria to be 
used in identifying those permit holders who have substantially fished 
the species to be included in the proposed IFQ program, along with 
alternatives to the recommendation, and supporting analyses. Guidelines 
for developing such recommendations are provided at paragraph (c)(3) of 
this section.
    (3) Following a referendum that has failed to approve the IFQ 
proposal, any request from a Council for a new referendum in the same 
fishery must include an explanation of the substantive changes to the 
proposed IFQ program or the changes of circumstances in the fishery that 
would warrant initiation of an additional referendum.
    (c) Referenda voter eligibility--(1) Permit holders and other 
fishery participants. (i) To be eligible to vote in IFQ referenda, 
permit holders and other fishery participants must meet voter 
eligibility criteria.
    (ii) Holders of multispecies permits in the Gulf of Mexico must have 
substantially fished the species proposed to be included in the IFQ 
program to be eligible to vote in a referendum on the proposed program.
    (iii) When developing eligibility criteria for permit holders in an 
IFQ program referendum, the relevant Council or Secretary must consider, 
but is not limited to considering:
    (A) The full range of entities likely to be eligible to receive 
initial quota allocation under the proposed IFQ program;
    (B) Current and historical harvest and participation in the fishery; 
and
    (C) Other factors as may be determined by the Council with 
jurisdiction over the fishery for which an IFQ program is proposed to be 
relevant to the fishery and to the proposed IFQ program.
    (2) Crew member eligibility in NEFMC IFQ referenda. (i) For the 
purposes of this section, ``referendum-eligible vessel'' means a vessel, 
the permit holder or owner of which has been determined to be eligible 
to vote in the referendum on the basis of such vessel's history or other 
characteristics.
    (ii) To be eligible to vote in an NEFMC IFQ referendum, crew members 
must meet the following requirements:
    (A) The crew member must have worked aboard a referendum-eligible 
vessel at sea, during the qualifying period(s), while the vessel was 
engaged in fishing;
    (B) If requested, the crew member must produce documentary proof of 
employment or service as a crew member and income during the qualifying 
periods. Documents that may be required include, but are not limited to, 
signed crew contracts, records of payment, settlement sheets, income tax 
records, a signed statement from the permit holder, and other 
documentary evidence of the period of employment and the vessel upon 
which the crew member worked;

[[Page 212]]

    (C) During the qualifying period(s), the crew member must have 
derived a percentage of his/her total income from the fishery under the 
proposed IFQ program that is equal to or greater than the percentage 
determined to be significant relative to the economic value and 
employment practices of the fishery; and
    (D) Any additional eligibility criteria promulgated by the NMFS.
    (iii) When developing criteria for determining whether other fishery 
participants, including crew members, may participate in a NEFMC IFQ 
referendum, the Council or Secretary must consider, but is not limited 
to considering:
    (A) The full range of entities likely to be eligible to receive 
initial quota under the proposed IFQ program;
    (B) A crew member's current and historical participation in the 
fishery aboard a referendum-eligible vessel;
    (C) The economic value of the proposed IFQ fishery, employment 
practices in the proposed IFQ fishery, and other economic and social 
factors that would bear on a determination of what percentage of a crew 
member's total income from the fishery should be considered significant 
for the purposes of this section;
    (D) The availability of documentary proof of employment and income 
to validate eligibility; and
    (E) Any other factors as may be determined by the Council to be 
relevant to the fishery and the proposed IFQ program.
    (3) GMFMC's substantially fished criterion. When developing criteria 
for identifying those multispecies permit holders who have substantially 
fished the species to be included in the IFQ program proposal, the 
Council or Secretary must consider, but is not limited to considering:
    (i) Current and historical harvest and participation in the fishery;
    (ii) The economic value of and employment practices in the fishery; 
and
    (iii) Any other factors determined by the Council with jurisdiction 
over the fishery for which an IFQ program is proposed to be relevant to 
the fishery and the proposed IFQ program.
    (d) Council-recommended criteria under paragraph (c) of this section 
may include, but are not limited to, levels of participation or reliance 
on the fishery as represented by landings, sales, expenditures, or other 
considerations. A Council may also apply the same criteria for weighting 
eligible referendum votes.
    (e) Actions by NMFS: Review of Council referendum criteria and 
Secretarial IFQ plans. (1) NMFS shall determine whether Council 
recommended referendum criteria will provide for a fair and equitable 
referendum and will be consistent with national standards and other 
provisions of the Magnuson-Stevens Act, and other applicable legal 
standards. The Secretary's considerations shall include, but shall not 
be limited to:
    (i) Whether the criteria are rationally connected to or further the 
objectives of the proposed IFQ program;
    (ii) Whether the criteria are designed in such a way to prevent any 
person or single entity from obtaining an excessive share of voting 
privileges;
    (iii) Whether the criteria are reasonable relative to the 
availability of documentary evidence and the possibility of validating a 
participant's eligibility; and
    (iv) Whether the referendum can be administered and executed in a 
fair and equitable manner, in a reasonable time, and without subjecting 
industry members, the Council, or NMFS to administrative burdens, costs 
or other requirements that would be considered onerous.
    (2) If NMFS determines that referendum criteria would not provide 
for a fair and equitable referendum; would not be consistent with 
national standards and other provisions of the Magnuson-Stevens Act, and 
other applicable legal standards; or, in the case of a referendum 
request subsequent to a failed referendum in the same fishery, that the 
Council has not substantively amended the IFQ proposal or circumstances 
have not changed sufficiently to warrant initiation of a new referendum, 
NMFS shall inform the Council of the Agency's decision to deny the 
referendum request and of the reasons for the decision.
    (3) If NMFS determines that referendum criteria would provide for a 
fair and equitable referendum and would be consistent with national

[[Page 213]]

standards and other provisions of the Magnuson-Stevens Act, and other 
applicable legal standards; then NMFS shall conduct the referendum in 
accordance with procedures and guidelines provided in paragraph (f) of 
this section.
    (4) In accordance with paragraphs (c)(2) and (3) of this section, 
NMFS may initiate a referendum and promulgate referendum criteria for 
any IFQ program proposal advanced through a Secretarial fishery 
management plan (FMP) or FMP amendment under the authority of section 
304(c) of the Magnuson-Stevens Act for a New England or Gulf of Mexico 
fishery. Such criteria must provide for a fair and equitable referendum 
and NMFS shall conduct the referendum in accordance with procedures and 
guidelines provided in paragraph (f) of this section.
    (f) Conducting IFQ referenda. (1) NMFS shall promulgate specific 
referenda procedural requirements, voter eligibility requirements, and 
any vote weighting criteria through appropriate rulemaking.
    (i) Proposed rule. A proposed rule shall seek public comment on the 
specific schedule, procedures, and other requirements for the referendum 
process.
    (A) For NEFMC IFQ program referenda, the proposed rule shall 
establish procedures for documenting or certifying that other fishery 
participants, including crew members, meet the proposed voter 
eligibility criteria.
    (B) For GMFMC IFQ program referenda for multispecies permit holders, 
the proposed rule shall include criteria to be used in identifying those 
permit holders who have substantially fished the species that are the 
subject of the proposed IFQ program.
    (ii) Final rule. (A) If NMFS decides to proceed with the referendum 
after reviewing public comments, NMFS shall publish implementing 
regulations through a final rule in the Federal Register as soon as 
practicable after the Council determines the IFQ program proposal and 
supporting analyses are complete and ready for Secretarial review. 
Otherwise, NMFS shall publish a notice in the Federal Register to inform 
the Council and the public of its decision not to conduct the 
referendum, as proposed, including reasons for the Agency's decision.
    (B) Upon implementation of the referendum through a final rule, NMFS 
shall provide eligible voters referenda ballots and shall make available 
information about the schedule, procedures, and eligibility requirements 
for the referendum process and the proposed IFQ program.
    (2) NMFS shall notify the public in the region of the subject 
fishery of the referendum eligibility criteria.
    (3) Individuals who wish to vote as other fishery participants in a 
NEFMC IFQ referendum, based on criteria established by the NEFMC under 
(c)(2), must contact NMFS and produce all required documentation and 
certifications to receive a ballot. NMFS shall provide sufficient time 
in the referendum process to allow for crew members to request, receive, 
and submit referendum ballots.
    (g) Referenda ballots. (1) Ballots shall be composed such that 
voters will indicate approval or disapproval of the preferred IFQ 
program proposal.
    (2) NMFS may require voters to self-certify on referenda ballots 
that they meet voter eligibility criteria. To be considered valid, 
ballots must be signed by the eligible voter.
    (3) Referenda ballots shall be numbered serially or otherwise 
designed to guard against submission of duplicate ballots.
    (4) If votes are weighted, the value of weighted votes shall be 
indicated on the ballot. The weighted vote must be cast as a single 
unit. Its value may not be split. The full value must be applied to the 
selection made on the ballot.
    (5) NMFS shall allow at least 30 days for eligible voters to receive 
and return their ballots and shall specify a deadline by which ballots 
must be received. Ballots received after the deadline shall not be 
considered valid.
    (h) Determining the outcome of an IFQ referendum. (1) NMFS shall 
tally and announce the results of the referendum within 90 days of the 
deadline by which completed ballots must be received. NMFS may declare a 
referendum invalid if the Agency can demonstrate the referendum was not 
conducted in

[[Page 214]]

accordance with the procedures established in the final rule 
implementing the referendum.
    (2) A NEFMC IFQ program referendum shall be considered approved only 
if more than \2/3\ of the votes submitted on valid ballots are in favor 
of the referendum question.
    (3) A GMFMC IFQ program referendum shall be considered approved only 
if a majority of the votes submitted on valid ballots are in favor of 
the referendum question.
    (i) Council actions. (1) If NMFS notifies a Council that an IFQ 
program proposal has been approved through a referendum, then the 
Council may submit the associated FMP or FMP amendment for Secretarial 
review and implementation.
    (2) Any changes that would modify an IFQ program proposal that was 
reviewed by referenda voters may invalidate the results of the 
referendum and require the modified program proposal to be approved 
through a new referendum before it can be submitted to the Secretary for 
review and implementation.
    (3) If NMFS notifies a Council that an IFQ referendum has failed, 
then the Council may modify its IFQ program proposal and request a new 
referendum pursuant to paragraph (b) of this section.



      Subpart P_Marine Recreational Fisheries of the United States

    Source: 73 FR 79717, Dec. 30, 2008, unless otherwise noted.



Sec. 600.1400  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in Sec. 
600.10 of this title, the terms used in this subpart have the following 
meanings. For purposes of this subpart, if applicable, the terms used in 
this subpart supersede those used in Sec. 600.10.
    Anadromous species means the following:

American shad: Alosa sapidissima
Blueback herring: Alosa aestivalus
Alewife: Alosa pseudoharengus
Hickory shad: Alosa mediocris
Alabama shad: Alosa alabamae
Striped bass: Morone saxatilis
Rainbow smelt: Osmerus mordax
Atlantic salmon: Salmo salar
Chinook, or king, salmon:
Oncorhynchus tshawytscha
Coho, or silver, salmon: Oncorhynchus kisutch
Pink salmon: Oncorhynchus gorbuscha
Sockeye salmon: Oncorhynchus nerka
Chum salmon: Oncorhynchus keta
Steelhead: Oncorhynchus mykiss
Coastal cutthroat trout: Oncorhynchus clarki clarki
Eulachon or candlefish: Thaleichthys pacificus
Dolly varden: Salvelinus malma
Sheefish or inconnu: Stenodus leucichthys
Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus
Shortnose sturgeon: Acipenser brevirostrum
Gulf sturgeon: Acipenser oxyrhynchus desotoi
White sturgeon: Acipenser transmontanus
Green sturgeon: Acipenser medirostris

    Angler means a person who is angling (see 50 CFR 600.10) in tidal 
waters.
    Authorized officer has the same meaning as in 50 CFR 600.10.
    Combination license means either:
    (1) A single state fishing license that permits fishing in fresh 
waters and tidal waters at one price; or
    (2) A single state license that permits a group of fishing and 
hunting activities, including fishing in tidal waters, at a price that 
is less than the sum of the cost of the individual licenses.
    Commercial fishing has the same meaning as in 16 U.S.C. 1802.
    Continental shelf fishery resources has the same meaning as in 16 
U.S.C. 1802.
    Exempted state means a state that has been designated as an exempted 
state by NMFS pursuant to Sec. 600.1415.
    For-hire fishing vessel means a vessel on which passengers are 
carried to engage in angling or spear fishing, from whom a consideration 
is contributed as a condition of such carriage, whether directly or 
indirectly flowing to the owner, charterer, operator, agent or any other 
person having an interest in the vessel.
    Indigenous people means persons who are documented members of a 
federally recognized tribe or Alaskan Native Corporation or persons who 
reside in the western Pacific who are descended from the aboriginal 
people indigenous to the region who conducted commercial or subsistence 
fishing using traditional fishing methods, including angling.

[[Page 215]]

    Spearfishing means fishing for, attempting to fish for, catching or 
attempting to catch fish in tidal waters by any person with a spear or a 
powerhead (see 50 CFR 600.10).
    State has the same meaning as in 16 U.S.C. 1802.
    Tidal waters means waters that lie below mean high water and seaward 
of the first upstream obstruction or barrier to tidal action and that 
are subject to the ebb and flow of the astronomical tides under ordinary 
conditions.

[77 FR 42191, July 18, 2012]



Sec. 600.1405  Angler registration.

    (a) Effective January 1, 2010, the requirements of this section 
apply to any person who does any of the following:
    (1) Engages in angling or spearfishing for:
    (i) Fish in the EEZ;
    (ii) Anadromous species in any tidal waters; or
    (iii) Continental Shelf fishery resources beyond the EEZ.
    (2) Operates a for-hire fishing vessel in the EEZ.
    (3) Operates a for-hire fishing vessel that engages in angling or 
spearfishing for:
    (i) Anadromous species in any tidal waters; or
    (ii) Continental shelf fishery resources beyond the EEZ.
    (4) Possesses equipment used for angling or spearfishing and also 
possesses:
    (i) Fish in the EEZ;
    (ii) Anadromous species in any tidal waters; or
    (iii) Continental shelf fishery resources beyond the EEZ.
    (b) No person may engage in the activities listed in paragraph (a) 
of this section unless that person:
    (1) Has registered annually with NMFS in accordance with Sec. 
600.1410 of this part;
    (2) Holds a valid fishing license issued by, or is registered by, an 
exempted state;
    (3) Is a resident of an exempted state, but is not required to hold 
a fishing license, or to be registered to fish, under the laws of that 
state;
    (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 
622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1);
    (5) Is under the age of 16;
    (6) Is angling aboard a for-hire fishing vessel that is in 
compliance with NMFS and state for-hire vessel permit, license or 
registration requirements;
    (7) Holds a commercial fishing license or permit issued by NMFS or a 
state and is lawfully fishing or in possession of fish taken under the 
terms and conditions of such license or permit;
    (8) Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non-
commercial Bottomfish permit under 50 CFR 665.203(a)(2);
    (9) Holds a subsistence fishing license or permit issued by NMFS or 
a state and is lawfully fishing or in possession of fish taken under the 
terms and conditions of such license or permit; or
    (10) Is angling or spearfishing for, or operating a for-hire fishing 
vessel that engages in fishing for, anadromous species or Continental 
Shelf fishery resources, in waters under the control of a foreign 
nation.
    (c) Any angler or spear fisher or operator of a for-hire vessel 
must, on request of an authorized officer, produce the NMFS registration 
number and certificate or evidence that such person or for-hire vessel 
operator is exempt from the registration requirement pursuant to Sec. 
600.1405(b)(2) through Sec. 600.1405(b)(10).

[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]



Sec. 600.1410  Registry process.

    (a) A person may register through the NMFS web site at 
www.nmfs.noaa.gov or by calling a toll-free telephone number available 
by contacting NMFS or at the NMFS website.
    (b) Individuals must submit their name; address; telephone number; 
date of birth; region(s) of the country in which they intend to fish in 
the upcoming year; and additional information necessary for the issuance 
or administration of the registration.
    (c) To register a for-hire fishing vessel, the vessel owner or 
operator must submit vessel owner name, address, date of birth, and 
telephone number;

[[Page 216]]

vessel operator (if different) name, address, date of birth and 
telephone number; vessel name; vessel's state registration or U.S. Coast 
Guard documentation number; home port or principal area of operation; 
and additional information necessary for the issuance or administration 
of the registration.
    (d) NMFS will issue a registration number and certificate to 
registrants. A registration number and certificate will be valid for one 
year from the date on which it is issued.
    (e) It shall be unlawful for any person to submit false, inaccurate 
or misleading information in connection with any registration request.
    (f) Fees. Effective January 1, 2011, persons registering with NMFS 
must pay an annual fee. The annual schedule for such fees will be 
published in the Federal Register. Indigenous people engaging in angling 
or spear fishing must register, but are not required to pay a fee.



Sec. 600.1415  Procedures for designating exempted states-general 
provisions.

    (a) States with an exempted state designation must:
    (1) Submit state angler and for-hire vessel license holder data to 
NMFS for inclusion in a national or regional registry database; or
    (2) Participate in regional surveys of recreational catch and effort 
and make the data from those surveys available to NMFS.
    (b) Process for getting an exempted state designation:
    (1) To apply for exempted state designation, a state must submit:
    (i) A complete description of the data it intends to submit to NMFS;
    (ii) An assessment of how the data conforms to the requirements of 
Sec. Sec. 600.1416 or 600. 1417;
    (iii) A description of the database in which the data exists and 
will be transmitted; and
    (iv) The proposed process, schedule and frequency of submission of 
the data.
    (2) If NMFS determines the submitted material meets the requirements 
of Sec. Sec. 600.1416 or 600.1417, NMFS will initiate negotiations with 
the state on a Memorandum of Agreement. The Memorandum of Agreement must 
include the terms and conditions of the data-sharing program. The 
Memorandum of Agreement and state designation may be limited to data-
sharing related to only anglers or only for-hire fishing vessels.
    (3) Following execution of a Memorandum of Agreement, NMFS will 
publish a notice of the exempted state designation in the Federal 
Register.



Sec. 600.1416  Requirements for exempted state designation based
on submission of state license holder data.

    (a) A state must annually update and submit to NMFS, in a format 
consistent with NMFS guidelines, the name, address and, to the extent 
available in the state's database, telephone number and date of birth, 
of all persons and for-hire vessel operators, and the name and state 
registration number or U.S. Coast Guard documentation number of for-hire 
vessels that are licensed to fish, or are registered as fishing, in the 
EEZ, in the tidal waters of the state, or for anadromous species. The 
Memorandum of Agreement developed in accordance with Sec. 
600.1415(b)(2) will specify the timetable for a state to compile and 
submit complete information telephone numbers and dates of birth for its 
license holders/registrants. The waters of the state for which such 
license-holder data must be submitted will be specified in the 
Memorandum of Agreement.
    (b) A state is eligible to be designated as an exempted state even 
if its licensing program excludes anglers who are:
    (1) Under 17 years of age;
    (2) Over age 59 (see Sec. 600.1416(d)(1));
    (3) Customers on licensed for-hire vessels;
    (4) Customers on state-licensed fishing piers, provided that the 
pier license holder provides to the state complete angler contact 
information or angler effort information for users of the pier;
    (5) On active military duty while on furlough; or
    (6) Disabled or a disabled Veteran as defined by the state.
    (7) Fishing on days designated as ``free fishing days'' by states. 
``Free fishing days'' means fishing promotion programs by which states 
allow new anglers to fish for a specified day without a license or 
registration.

[[Page 217]]

    (c) Unless the state can demonstrate that a given category of 
anglers is so small it has no significant probability of biasing 
estimates of fishing effort if these anglers are not included in a 
representative sample, a state may not be designated as an exempted 
state if its licensing or registration program excludes anglers in any 
category other than those listed in paragraph (b) of this section.
    (d) Required enhancements to exempted state license-holder data. An 
exempted state must submit the following angler identification data by 
Jan. 1, 2012, or within two years of the effective date of the 
Memorandum of Agreement, whichever is later, and thereafter in 
accordance with the Memorandum of Agreement. States that provide NMFS 
with notice that they are required to enact legislation or to enter into 
formal memoranda of agreement or contracts with other state agencies to 
comply with this requirement must submit the data within three years of 
the effective date of the Memorandum of Agreement:
    (1) Name, address and telephone number, updated annually, of 
excluded anglers over age 59, unless the state can demonstrate that the 
number of anglers excluded from the license or registration requirement 
based on having a date of birth before June 1, 1940 is so small it has 
no significant probability of biasing estimates of fishing effort if 
these anglers are not included in a representative sample;
    (2) Name, address and telephone number, updated annually, of holders 
of state lifetime and multi-year licenses;
    (3) Name, address and telephone number of state combination license 
holders who fished in tidal waters in the prior year, or who intend to 
fish in tidal waters. The Memorandum of Agreement will define the 
boundaries of the state's tidal waters for this purpose.

[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]



Sec. 600.1417  Requirements for exempted state designation based on 
submission of recreational survey data.

    (a) To be designated as an exempted state based on the state's 
participation in a regional survey of marine and anadromous recreational 
fishing catch and effort, a state may submit to NMFS a proposal that 
fully describes the state's participation in a qualifying regional 
survey, and the survey's sample design, data collection and 
availability.
    (b) A qualifying regional survey must:
    (1) Include all of the states within each region as follows:
    (i) Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, Georgia and Florida (Atlantic coast);
    (ii) Florida (Gulf of Mexico coast), Alabama, Mississippi, 
Louisiana, and Texas;
    (iii) Puerto Rico;
    (iv) U.S. Virgin Islands;
    (v) California, Oregon and Washington;
    (vi) Alaska;
    (vii) Hawaii; or
    (viii) American Samoa, Guam and the Commonwealth of the Northern 
Mariana Islands.
    (2) Utilize angler registry data, or direct field counts to obtain 
angler effort, or other appropriate statistical means to obtain fishing 
effort;
    (3) Utilize angler registry data to identify individuals to be 
surveyed by telephone, mail or Internet if such regional survey includes 
a telephone survey component; and
    (4) Meet NMFS survey design and data collection standards.

[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42192, July 18, 2012]



            Subpart Q_Vessel Monitoring System Type-Approval

    Source: 79 FR 77404, Dec. 24, 2014, unless otherwise noted.



Sec. 600.1500  Definitions and acronyms.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 600.10, and the acronyms in Sec. 600.15, the terms and acronyms 
in this subpart have the following meanings:
    Authorized entity means a person, defined at 16 U.S.C. 1802(36), 
authorized to

[[Page 218]]

receive data transmitted by EMTU(s) or MTU(s).
    Bench configuration means the EMTU's configuration after the 
manufactured unit has been customized to meet the Federal VMS 
requirements.
    Bundle means an MCS and EMTU sold as a package and considered one 
product. If a bundle is type-approved, the requestor will be the type-
approval holder for the bundled MCS and EMTU.
    Communication class means the satellite communications operator from 
which satellite communications services originate.
    Electronic form means a pre-formatted message transmitted by an EMTU 
that is required for the collection of data for a specific fishery 
program (e.g.; declaration system, catch effort reporting).
    Enhanced Mobile Transceiver Unit (EMTU) means a type of MTU that is 
capable of supporting two-way communication, messaging, and electronic 
forms transmission via satellite. An EMTU is a transceiver or 
communications device, including: Antenna; dedicated message terminal 
and display; and an input device such as a tablet or keyboard installed 
on fishing vessels participating in fisheries with a VMS requirement.
    Latency means the state of untimely delivery of Global Positioning 
System position reports and electronic forms to NMFS (i.e.; information 
is not delivered to NMFS consistent with timing requirements of this 
subpart).
    Mobile Communications Service (MCS) means the satellite 
communications services affiliated with particular MTUs/EMTUs.
    Mobile Communications Service Provider (MCSP) means the entity that 
sells VMS satellite communications services to end users.
    Mobile Transmitter Unit (MTU) means a communication device capable 
of transmitting Global Positioning System position reports via 
satellite.
    Notification Letter means a letter issued by NMFS to a type-approval 
holder identifying an alleged failure of an EMTU, MTU, MCS, or the type-
approval holder to comply with requirements of this subpart.
    Position report means the unique electronic Global Positioning 
System report generated by a vessel's EMTU or MTU, which identifies the 
vessel's latitude/longitude position at a point in time. Position 
reports are sent from the EMTU or MTU, via MCS, to authorized entities.
    Requestor means a vendor seeking type-approval.
    Service life means the length of time during which an EMTU/MTU 
remains fully operational with reasonable repairs.
    Sniffing means the unauthorized and illegitimate monitoring and 
capture, through use of a computer program or device, of data being 
transmitted over a computer network.
    Spoofing means the reporting of a false Global Positioning System 
position and/or vessel identity.
    Time stamp means the time, in hours, minutes, and seconds in a 
position report. Each position report is time stamped.
    Type-approval holder means a vendor whose type-approval request has 
been approved pursuant to this subpart.
    Vendor means a commercial provider of VMS hardware, software, and/or 
mobile communications services.
    Vessel Monitoring System (VMS) means, for purposes of this subpart, 
a satellite based system designed to monitor the location and movement 
of vessels using onboard EMTU or MTU units that send Global Positioning 
System position reports to an authorized entity.
    Vessel Monitoring System (VMS) data means the data transmitted to 
authorized entities by an EMTU or MTU.
    Vessel Monitoring System Program means the federal program that 
manages the vessel monitoring system, data, and associated program-
components, nationally and in each NOAA region; it is housed in the 
Department of Commerce, National Oceanic and Atmospheric Administration, 
National Marine Fisheries Service's Office of Law Enforcement.



Sec. 600.1501  Vessel Monitoring System type-approval process.

    (a) Application submission. A requestor must submit a written type-
approval request and electronic copies of supporting materials that 
include the information required under this section

[[Page 219]]

to the NMFS Office of Law Enforcement (OLE) at: U.S. Department of 
Commerce; National Oceanic and Atmospheric Administration; National 
Marine Fisheries Service; Office of Law Enforcement; Attention: Vessel 
Monitoring System Office; 1315 East West Highway, SSMC3, Suite 3301, 
Silver Spring, Maryland 20910.
    (b) Application requirements. (1) EMTU and MCS Identifying 
Information: In a type-approval request, the requestor should indicate 
whether the requestor is seeking approval for an EMTU, MCS, or bundle 
and must specify identifying characteristics of the EMTU and MCS, as 
applicable: Communication class; manufacturer; brand name; model name; 
model number; software version and date; firmware version number and 
date; hardware version number and date; antenna type; antenna model 
number and date; tablet, monitor or terminal model number and date; MCS 
to be used in conjunction with the EMTU; entity providing MCS to the end 
user; and current satellite coverage of the MCS.
    (2) Requestor-approved third party business entities: The requestor 
must provide the business name, address, phone number, contact name(s), 
email address, specific services provided, and geographic region covered 
for the following third party business entities:
    (i) Entities providing bench configuration for the EMTU at the 
warehouse or point of supply.
    (ii) Entities distributing/selling the EMTU to end users.
    (iii) Entities currently approved by the requestor to install the 
EMTU onboard vessels.
    (iv) Entities currently approved by the requestor to offer a limited 
warranty.
    (v) Entities approved by the requestor to offer a maintenance 
service agreement.
    (vi) Entities approved by the requestor to repair or install new 
software on the EMTU.
    (vii) Entities approved by the requestor to train end users.
    (viii) Entities approved by the requestor to advertise the EMTU.
    (ix) Entities approved by the requestor to provide other customer 
services.
    (3) Regulatory Requirements and Documentation: In a type-approval 
request, a requestor must:
    (i) Identify the NOAA region(s) and/or Federal fisheries for which 
the requestor seeks type-approval.
    (ii) Include copies of, or citation to, applicable VMS regulations 
and requirements in effect for the region(s) and Federal fisheries 
identified under paragraph (b)(3)(i) of this section that require use of 
VMS.
    (iii) Provide a table with the type-approval request that lists in 
one column each requirement set out in Sec. Sec. 600.1502-600.1509 and 
regulations described under paragraph (b)(3)(ii) of this section. NMFS 
OLE will provide a template for the table upon request. The requestor 
must indicate in subsequent columns in the table:
    (A) Whether the requirement applies to the type-approval; and
    (B) Whether the EMTU, MCS or bundle meets the requirement.
    (iv) Certify that the features, components, configuration and 
services of the requestor's MTU, EMTU, MCS or bundle comply with each 
requirement set out in Sec. Sec. 600.1502-600.1509 and the regulations 
described under paragraph (b)(3)(ii) of this section.
    (v) Certify that, if the request is approved, the requestor agrees 
to be responsible for ensuring compliance with each requirement set out 
in Sec. Sec. 600.1502-600.1509 and the regulations described under 
paragraph (b)(3)(ii) of this section over the course of the type-
approval period.
    (vi) Provide NMFS OLE with two EMTUs loaded with forms and software 
for each NOAA region or Federal fishery, with activated MCS, for which a 
type-approval request is submitted for a minimum of 90 calendar days for 
testing and evaluation. Copies of forms currently used by NMFS are 
available upon request. As part of its review, NMFS OLE may perform 
field tests and at-sea trials that involve demonstrating every aspect of 
EMTU and communications operation. The requestor is responsible for all 
associated costs including paying for: Shipping of the EMTU to the 
required NMFS regional offices or headquarters for testing; the MCS 
during the testing period;

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and shipping of the EMTU back to the vendor.
    (vii) Provide thorough documentation for the EMTU or MTU and MCS, 
including: EMTU fact sheets; installation guides; user manuals; any 
necessary interfacing software; satellite coverage; performance 
specifications; and technical support information.
    (c) Interoperability. A requestor seeking type-approval of an EMTU 
within a communications class, as opposed to type-approval for use with 
a specific MCS, shall certify that the EMTU meets requirements under 
this subpart when using at least one qualified MCSP within the same 
communications class.
    (d) Notification. Unless additional time is required for EMTU 
testing, NMFS OLE will notify the requestor within 90 days after receipt 
of a complete type-approval request as follows:
    (1) If a request is approved or partially approved, NMFS OLE will 
provide notice as described under Sec. 600.1510.
    (i) The type-approval letter will serve as official documentation 
and notice of type-approval.
    (ii) NMFS will also publish a notice in the Federal Register 
documenting the type-approval and the dates for which it is effective.
    (2) If a request is disapproved or partially disapproved:
    (i) OLE will send a letter to the requestor that explains the reason 
for the disapproval/partial disapproval.
    (ii) The requestor may respond to NMFS OLE in writing with 
additional information to address the reasons for disapproval identified 
in the NMFS OLE letter. The requestor must submit this response within 
21 calendar days of the date of the OLE letter sent under paragraph 
(d)(2)(i) of this section.
    (iii) If any additional information is submitted under paragraph 
(d)(2)(ii) of this section, NMFS OLE, after reviewing such information, 
may either take action under paragraph (d)(1) of this section or 
determine that the request should continue to be disapproved or 
partially disapproved. In the latter case, the NMFS OLE Director will 
send a letter to the requestor that explains the reasons for the 
continued disapproval/partial disapproval. The NMFS OLE Director's 
decision is final upon issuance of this letter and is not appealable.



Sec. 600.1502  Communications functionality.

    (a) An EMTU must comply with the following requirements:
    (1) Be able to transmit all automatically-generated position 
reports.
    (2) Provide visible or audible alarms onboard the vessel to indicate 
malfunctioning of the EMTU.
    (3) Be able to disable non-essential alarms in non-Global Maritime 
Distress and Safety System (GMDSS) installations.
    (4) Be able to send communications that function uniformly 
throughout the geographic area(s) covered by the type-approval.
    (5) Have two-way communications between authorized entities and EMTU 
via MCS.
    (6) Have the capacity to send and receive electronic forms and 
Internet email messages.
    (7) Have messaging and communications that are completely compatible 
with NMFS vessel monitoring software.
    (b) In addition, messages and communications from an EMTU must be 
able to be parsed out to enable clear billing of costs to the government 
and to the owner of a vessel or EMTU, when necessary. Also, the costs 
associated with position reporting and the costs associated with other 
communications (for example, personal email or communications/reports to 
non-NMFS Office of Law Enforcement entities) must be parsed out and 
billed to separate parties, as appropriate.



Sec. 600.1503  Position report data formats and transmission.

    An EMTU, MCSP, or bundle must comply with the following 
requirements, in addition to providing position information as required 
by the applicable VMS regulations and requirements in effect for each 
fishery or region for which the type-approval applies:
    (a) An EMTU must be able to transmit all automatically-generated 
position reports, for vessels managed individually or grouped by fleet, 
that meet

[[Page 221]]

the latency requirement under Sec. 600.1504.
    (b) When an EMTU is powered up, it must automatically re-establish 
its position reporting function without manual intervention.
    (c) Position reports must contain all of the following:
    (1) Unique identification of an EMTU within the communications 
class.
    (2) Date (year/month/day with century in the year) and time stamp 
(GMT) of the position fix.
    (3) Position fixed latitude and longitude, including the hemisphere 
of each, which comply with the following requirements:
    (i) The position fix precision must be to the decimal minute 
hundredths.
    (ii) Accuracy of the reported position must be within 100 meters.
    (d) An EMTU must have the ability to:
    (1) Store 1000 position fixes in local, non-volatile memory.
    (2) Allow for defining variable reporting intervals between 5 
minutes and 24 hours.
    (3) Allow for changes in reporting intervals remotely and only by 
authorized users.
    (e) An EMTU must generate specially identified position reports 
upon:
    (1) Antenna disconnection.
    (2) Loss of positioning reference signals.
    (3) Loss of the mobile communications signals.
    (4) Security events, power-up, power down, and other status data.
    (5) The vessel crossing a pre-defined geographic boundary.
    (6) A request for EMTU status information such as configuration of 
programming and reporting intervals.



Sec. 600.1504  Latency requirement.

    (a) Ninety percent of all pre-programmed or requested Global 
Positioning System position reports during each 24-hour period must 
reach NMFS within 15 minutes or less of the EMTU/MTU timestamp, for 10 
out of 11 consecutive days (24-hour time periods).
    (b) NMFS will continually examine position reports by region and by 
type-approval holder.
    (c) Exact dates for calculation of latency will be chosen by NMFS. 
Days in which isolated and documented system outages occur will not be 
used by NMFS to calculate a type-approval holder's latency.



Sec. 600.1505  Messaging.

    An EMTU must provide for the following capabilities:
    (a) Messaging from vessel to shore, and from shore to vessel by 
authorized entities, must have a minimum supported message length of 
1kb.
    (b) There must be a confirmation of delivery function that allows a 
user to ascertain whether a specific message was successfully 
transmitted to the MCS email server(s).
    (c) Notification of failed delivery to the EMTU must be sent to the 
sender of the message. The failed delivery notification must include 
sufficient information to identify the specific message that failed and 
the cause of failure (e.g.; invalid address, EMTU switched off, etc.).
    (d) The EMTU must have an automatic retry feature in the event that 
a message fails to be delivered.
    (e) The EMTU user interface must:
    (1) Support an ``address book'' capability and a function permitting 
a ``reply'' to a received message without re-entering the sender's 
address.
    (2) Provide the ability to review by date order, or by recipient, 
messages that were previously sent. The EMTU terminal must support a 
minimum message history of 50 sent messages--commonly referred to as an 
``Outbox'' or ``Sent'' message display.
    (3) Provide the ability to review by date order, or by sender, all 
messages received. The EMTU terminal must support a minimum message 
history of at least 50 messages in an inbox.



Sec. 600.1506  Electronic forms.

    (a) An EMTU and its forms software must support a minimum of 20 
Electronic Forms, and meet the following requirements:
    (1) Form Validation: Each field on a form must be capable of being 
defined as Optional, Mandatory, or Logic Driven. Mandatory fields are 
those fields that must be entered by the user before the form is 
complete. Optional fields are those fields that do not require data 
entry. Logic driven fields have

[[Page 222]]

their attributes determined by earlier form selections. Specifically, a 
logic driven field must allow for selection of options in that field to 
change the values available as menu selections on a subsequent field 
within the same form.
    (2) A user must be able to select forms from a menu on the EMTU.
    (3) A user must be able to populate a form based on the last values 
used and ``modify'' or ``update'' a prior submission without unnecessary 
re-entry of data. A user must be able to review a minimum of 20 past 
form submissions and ascertain for each form when the form was 
transmitted and whether delivery was successfully sent to the type-
approval holder's VMS data processing center. In the case of a 
transmission failure, a user must be provided with details of the cause 
and have the opportunity to retry the form submission.
    (4) VMS Position Report: Each form must capable of including VMS 
position data, including latitude, longitude, date and time. Data to 
populate these fields must be automatically generated by the EMTU and 
unable to be manually entered or altered.
    (5) Delivery Format for Form Data: Delivery of form data to NMFS 
must employ the same transport security and reliability as VMS position 
and declaration reports. The SMTP protocol is not permitted for the 
transmission of data that is delivered to NMFS. The field coding within 
the data must follow either CSV or XML formatting rules. For CSV format 
the form must contain an identifier and the version number, and then the 
fields in the order defined on the form. In the CSV format strings that 
may contain ``,'' (comma) characters must be quoted. XML representations 
must use the field label to define the XML element that contains each 
field value.
    (b) Updates to Forms. (1) The EMTU and MCS must be capable of 
providing updates to forms or adding new form requirements via wireless 
transmission and without manual installation.
    (2) From time to time, NMFS may provide type-approved vendors with 
requirements for new forms or modifications to existing forms. NMFS may 
also provide notice of forms and form changes through the NMFS Work 
Order System. Type-approved vendors will be given at least 60 calendar 
days to complete their implementation of new or changed forms. Vendors 
will be capable of, and responsible for translating the requirements 
into their EMTU-specific forms definitions and wirelessly transmitting 
the same to all EMTU terminals supplied to fishing vessels.



Sec. 600.1507  Communications security.

    Communications between an EMTU and MCS must be secure from tampering 
or interception, including the reading of passwords and data. The EMTU 
and MCS must have mechanisms to prevent to the extent possible:
    (a) Sniffing and/or interception during transmission from the EMTU 
to MCS.
    (b) Spoofing.
    (c) False position reports sent from an EMTU.
    (d) Modification of EMTU identification.
    (e) Interference with GMDSS or other safety/distress functions.
    (f) Introduction of malware, spyware, keyloggers, or other software 
that may corrupt, disturb, or disrupt messages, transmission, and the 
VMS system.
    (g) The EMTU terminal from communicating with, influencing, or 
interfering with the Global Positioning System antenna or its 
functionality, position reports, or sending of position reports. The 
position reports must not be altered, corrupted, degraded, or at all 
affected by the operation of the terminal or any of its peripherals or 
installed-software.



Sec. 600.1508  Customer service.

    The type-approval holder is responsible for ensuring that customer 
service includes:
    (a) Diagnostic and troubleshooting support to NMFS and fishers, 
which is available 24 hours a day, seven days per week, and year-round.
    (b) Response times for customer service inquiries that shall not 
exceed 24 hours.
    (c) Warranty and maintenance agreements.
    (d) Escalation procedures for resolution of problems.

[[Page 223]]

    (e) Established facilities and procedures to assist fishers in 
maintaining and repairing their EMTU/MTUs.
    (f) Assistance to fishers in the diagnosis of the cause of 
communications anomalies.
    (g) Assistance in resolving communications anomalies that are traced 
to the EMTU/MTU.
    (h) Assistance to NMFS Office of Law Enforcement and its 
contractors, upon request, in VMS system operation, resolving technical 
issues, and data analyses related to the VMS Program or system. Such 
assistance will be provided free of charge unless otherwise specified in 
NMFS-authorized service or purchase agreements, work orders or 
contracts.



Sec. 600.1509  General.

    (a) An EMTU must have the durability and reliability necessary to 
meet all requirements of Sec. Sec. 600.1502-600.1507 regardless of 
weather conditions, including when placed in a marine environment where 
the unit may be subjected to saltwater (spray) in smaller vessels, and 
in larger vessels where the unit may be maintained in a wheelhouse. The 
unit, cabling and antenna must be resistant to salt, moisture, and shock 
associated with sea going vessels in the marine environment.
    (b) PII and Other Protected Information. Personally identifying 
information (PII) and other protected information includes Magnuson-
Stevens Act confidential information as provided at 16 U.S.C. 1881a and 
Business Identifiable Information (BII), as defined in the Department of 
Commerce Information Technology Privacy Policy. A type-approval holder 
is responsible for ensuring that:
    (1) All PII and other protected information is handled in accordance 
with applicable state and Federal law.
    (2) All PII and other protected information provided to the type-
approval holder by vessel owners or other authorized personnel for the 
purchase or activation of an MTU or EMTU or arising from participation 
in any federal fishery are protected from disclosure not authorized by 
NMFS or the vessel owner or other authorized personnel.
    (3) Any release of PII or other protected information beyond 
authorized entities must be requested and approved in writing, as 
appropriate, by the submitter of the data in accordance with 16 U.S.C. 
1881a, or by NMFS.
    (4) Any PII or other protected information sent electronically by 
the type-approval holder to the NMFS Office of Law Enforcement must be 
transmitted by a secure means that prevents interception, spoofing, or 
viewing by unauthorized individuals.



Sec. 600.1510  Notification of type-approval.

    (a) If a request made pursuant to Sec. 600.1501 (type-approval) or 
Sec. 600.1513 (renewal) is approved or partially approved, NMFS will 
issue a type-approval letter and publish a notice in the Federal 
Register to indicate the specific EMTU model, MCSP, or bundle that is 
approved for use, the MCS or class of MCSs permitted for use with the 
type-approved EMTU, and the regions or fisheries in which the EMTU, 
MCSP, or bundle is approved for use.
    (b) The NMFS Office of Law Enforcement will maintain a list of type-
approved EMTUs, MCSPs, and bundles on a publicly available Web site and 
provide copies of the list upon request.



Sec. 600.1511  Changes or modifications to type-approvals.

    Type-approval holders must notify NMFS Office of Law Enforcement 
(OLE) in writing no later than 2 days following modification to or 
replacement of any functional component or piece of their type-approved 
EMTU/MTU configuration, MCS or bundle. If the changes are substantial, 
NMFS OLE will notify the type-approval holder in writing within 60 
calendar days that an amended type-approval is required or that NMFS 
will initiate the type-approval revocation process.



Sec. 600.1512  Vessel Monitoring System type-approval period.

    A type-approval or type-approval renewal is valid for a period of 3 
years from the date of the Federal Register notice issued pursuant to 
Sec. 600.1510, subject to the revocation process at Sec. 600.1514. All 
MTUs, EMTUs, MCSs, and bundles with valid type-approvals on January 23, 
2015 will continue to be

[[Page 224]]

type-approved. However, if the type-approval date is more than 3 years 
old, the type-approval will expire on February 23, 2015. The type-
approval holder may request a type-approval renewal as provided in Sec. 
600.1513.



Sec. 600.1513  Type-approval renewal.

    At least 30 days, but no more than six months, prior to the end of 
the type-approval period, a type-approval holder may seek a type-
approval renewal by sending a written renewal request letter and 
information and documentation required under this section to: U.S. 
Department of Commerce; National Oceanic and Atmospheric Administration; 
National Marine Fisheries Service; Office of Law Enforcement; Attention: 
Vessel Monitoring System Office; 1315 East West Highway, Silver Spring, 
Maryland 20910.
    (a) In a type-approval renewal request letter, the type-approval 
holder should indicate whether the holder is seeking renewal of an MTU, 
EMTU, MSC, or bundle and must:
    (1) Identify the NOAA region(s) or Federal fisheries for which 
renewal is sought;
    (2) Certify that the features, components, configuration and 
services of the type-approved MTU, EMTU, MCS or bundle remain in 
compliance with the standards set out in Sec. Sec. 600.1502-600.1509 
(or for an MTU, requirements applicable when the MTU was originally 
type-approved) and with applicable VMS regulations and requirements in 
effect for the region(s) and/or Federal fisheries identified under 
paragraph (a)(1) of this section that require use of VMS; and
    (3) Certify that, since the type-approval or last renewal (whichever 
was later), there have been no modifications to or replacements of any 
functional component or piece of the type-approved configuration.
    (b) The type-approval holder must include a table with the renewal 
request letter that lists in one column, each requirement set out in 
Sec. Sec. 600.1502-600.1509 and regulations described under paragraph 
(a)(2) of this section. For an MTU, instead of the requirements at 
Sec. Sec. 600.1502-600.1509, the table must list any requirements 
applicable when the MTU was originally type-approved. NMFS' Office of 
Law Enforcement (OLE) will provide a template for the table upon 
request. The type-approval holder must indicate in subsequent columns in 
the table:
    (1) Whether the requirement applies to the type-approval;
    (2) Whether the requirement is still being met;
    (3) Whether any modifications or replacements were made to the type-
approved configuration or process since type-approval or the last 
renewal;
    (4) An explanation of any modifications or replacements that were 
made since type-approval or the last renewal; and
    (5) The date that any modifications or replacements were made.
    (c) If the type-approval renewal is for an MCS or bundle, the type-
approval holder seeking renewal must also provide the following 
statistical information on the transmission and processing of vessel 
position reports from onboard EMTUs and MTUs to the MCS or MCSP's VMS 
data processing center.
    (1) The statistical information will, at a minimum, show:
    (i) Successful position report transmission and delivery rates;
    (ii) The rate of position report latencies; and
    (iii) The minimum/maximum/average lengths of time for those 
latencies.
    (2) The statistical information will be demonstrated:
    (i) In graph form;
    (ii) For each NMFS region and any relevant international agreement 
area and relevant high seas area; and
    (iii) Using data from six full and consecutive months for all of the 
type-approval holder's U.S. federal fishery customers.
    (d) Within 30 days after receipt of a complete renewal request 
letter, NMFS OLE will notify the type-approval holder of its decision to 
approve or partially approve the request as provided in Sec. 600.1510, 
or send a letter to the type-approval holder that explains the reasons 
for denial or partial denial of the request.
    (e) The type-approval holder may respond to NMFS OLE in writing with 
additional information to address the reasons for denial or partial 
denial of the renewal request. The type approval

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holder must submit this response within 21 calendar days of the date of 
the NMFS OLE letter sent under paragraph (d) of this section.
    (f) If any additional information is submitted under paragraph (e) 
of this section, NMFS OLE, after reviewing such information, may either 
notify the type-approval holder of its decision to approve or partially 
approve the renewal request as provided in Sec. 600.1510 or determine 
that the renewal request should continue to be disapproved or partially 
disapproved. In the latter case, the NMFS OLE Director will send a 
letter to the type-approval holder that explains the reasons for the 
disapproval/partial disapproval. The NMFS OLE Director's decision is 
final upon issuance of this letter and is not appealable.



Sec. 600.1514  Type-approval revocation process.

    (a) If at any time, a type-approved EMTU, MCS or bundle fails to 
meet requirements at Sec. Sec. 600.1502-600.1509 or applicable VMS 
regulations and requirements in effect for the region(s) and Federal 
fisheries for which the EMTU or MCS is type-approved, or if an MTU fails 
to meet the requirements under which it was type-approved, the NMFS 
Office of Law Enforcement (OLE) may issue a Notification Letter to the 
type-approval holder that:
    (1) Identifies the MTU, EMTU, MCS or bundle that allegedly fails to 
comply with type-approval regulations and requirements;
    (2) Identifies the alleged failure to comply with type-approval 
regulations and requirements, and the urgency and impact of the alleged 
failure;
    (3) Cites relevant regulations and requirements under this subpart;
    (4) Describes the indications and evidence of the alleged failure;
    (5) Provides documentation and data demonstrating the alleged 
failure;
    (6) Sets a Response Date by which the type-approval holder must 
submit to NMFS OLE a written response to the Notification Letter, 
including, if applicable, a proposed solution; and
    (7) Explains the type-approval holder's options if the type-approval 
holder believes the Notification Letter is in error.
    (b) NMFS will establish a Response Date between 30 and 120 calendar 
days from the date of the Notification Letter. The type-approval 
holder's response must be received in writing by NMFS on or before the 
Response Date. If the type-approval holder fails to respond by the 
Response Date, the type-approval will be revoked. At its discretion and 
for good cause, NMFS may extend the Response Date to a maximum of 150 
calendar days from the date of the Notification Letter.
    (c) A type-approval holder who has submitted a timely response may 
meet with NMFS within 21 calendar days of the date of that response to 
discuss a detailed and agreed-upon procedure for resolving the alleged 
failure. The meeting may be in person, conference call, or webcast.
    (d) If the type-approval holder disagrees with the Notification 
Letter and believes that there is no failure to comply with the type-
approval regulations and requirements, NMFS has incorrectly defined or 
described the failure or its urgency and impact, or NMFS is otherwise in 
error, the type-approval holder may submit a written Objection Letter to 
NMFS on or before the Response Date. Within 21 calendar days of the date 
of the Objection Letter, the type-approval holder may meet with NMFS to 
discuss a resolution or redefinition of the issue. The meeting may be in 
person, conference call, or webcast. If modifications to any part of the 
Notification Letter are required, then NMFS will issue a revised 
Notification Letter to the type-approval holder; however, the Response 
Date or any other timeline in this process would not restart or be 
modified unless NMFS decides to do so, at its discretion.
    (e) The total process from the date of the Notification Letter to 
the date of final resolution should not exceed 180 calendar days, and 
may require a shorter time frame, to be determined by NMFS, depending on 
the urgency and impact of the alleged failure. In rare circumstances, 
NMFS, at its discretion, may extend the time for resolution of the 
alleged failure. In such a

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case, NMFS will provide a written notice to the type-approval holder 
informing him or her of the extension and the basis for the extension.
    (f) If the failure to comply with type-approval regulations and 
requirements cannot be resolved through this process, the NMFS OLE 
Director will issue a Revocation Letter to the type-approval holder 
that:
    (1) Identifies the MTU, EMTU, MCS, or bundle for which type-approval 
is being revoked;
    (2) Summarizes the failure to comply with type-approval regulations 
and requirements, including describing its urgency and impact;
    (3) Summarizes any proposed plan, or attempts to produce such a 
plan, to resolve the failure;
    (4) States that revocation of the MTU/EMTU, MCS or bundle's type-
approval has occurred;
    (5) States that no new installations of the revoked unit will be 
permitted in any NMFS-managed fishery requiring the use of VMS;
    (6) Cites relevant regulations and requirements under this subpart;
    (7) Explains why resolution was not achieved;
    (8) Advises the type-approval holder that:
    (i) The type-approval holder may reapply for a type-approval under 
the process set forth in Sec. 600.1501, and
    (ii) A revocation may be appealed pursuant to the process under 
Sec. 600.1515.



Sec. 600.1515  Type-approval revocation appeals process.

    (a) If a type-approval holder receives a Revocation Letter pursuant 
to Sec. 600.1514, the type-approval holder may file an appeal of the 
revocation to the NMFS Assistant Administrator.
    (b) An appeal must be filed within 14 calendar days of the date of 
the Revocation Letter. A type-approval holder may not request an 
extension of time to file an appeal.
    (c) An appeal must include a complete copy of the Revocation Letter 
and its attachments and a written statement detailing any facts or 
circumstances explaining and refuting the failures summarized in the 
Revocation Letter.
    (d) The NMFS Assistant Administrator may, in his or her discretion, 
affirm, vacate, or modify the Revocation Letter and will send a letter 
to the type-approval holder explaining his or her determination, within 
21 calendar days of receipt of the appeal. The NMFS Assistant 
Administrator's determination constitutes the final agency decision.



Sec. 600.1516  Revocation effective date and notification to vessel owners.

    (a) Following issuance of a Revocation Letter pursuant to Sec. 
600.1514 and any appeal pursuant to Sec. 600.1515, NMFS will provide 
notice to all vessel owners impacted by the type-approval revocation via 
letter and Federal Register notice. NMFS will provide information to 
impacted vessel owners on:
    (1) The next steps vessel owners should take to remain in compliance 
with regional and/or national VMS requirements;
    (2) The date, 60-90 calendar days from the notice date, on which the 
type-approval revocation will become effective;
    (3) Reimbursement of the cost of a new type-approved EMTU, should 
funding for reimbursement be available pursuant to Sec. 600.1518.



Sec. 600.1517  Litigation support.

    (a) All technical aspects of a type-approved EMTU/MTU, MCS or bundle 
are subject to being admitted as evidence in a court of law, if needed. 
The reliability of all technologies utilized in the EMTU/MTU, MCS, or 
bundle may be analyzed in court for, inter alia, testing procedures, 
error rates, peer review, technical processes and general industry 
acceptance.
    (b) The type-approval holder must, as a requirement of the holder's 
type-approval, provide technical and expert support for litigation to 
substantiate the EMTU, MCS or bundle capabilities to establish NMFS 
Office of Law Enforcement cases against violators, as needed. If the 
technologies have previously been subject to such scrutiny in a court of 
law, the type-approval holder must provide NMFS with a brief summary of 
the litigation and any court findings on the reliability of the 
technology.

[[Page 227]]

    (c) The type-approval holder will be required to sign a non-
disclosure agreement limiting the release of certain information that 
might compromise the effectiveness of the VMS operations.



Sec. 600.1518  Reimbursement opportunities for revoked Vessel
Monitoring System Type-approval products.

    (a) Subject to the availability of funds, vessel owners may be 
eligible for reimbursement payments for a replacement EMTU if:
    (1) All eligibility and process requirements specified by NMFS are 
met as described in NMFS Policy Directive 06-102; and
    (2) The replacement type-approved EMTU is installed on the vessel, 
and reporting to NMFS Office of Law Enforcement; and
    (3) The type-approval for the previously installed EMTU has been 
revoked by NMFS; or
    (4) NMFS requires the vessel owner to purchase a new EMTU prior to 
the end of an existing unit's service life.
    (b) The cap for individual reimbursement payments is subject to 
change. If this occurs, NMFS Office of Law Enforcement will publish a 
notice in the Federal announcing the change.



PART 622_FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC--Table of Contents



                      Subpart A_General Provisions

Sec.
622.1 Purpose and scope.
622.2 Definitions and acronyms.
622.3 Relation to other laws and regulations.
622.4 Permits and fees--general.
622.5 Recordkeeping and reporting--general.
622.6 Vessel identification.
622.7 Fishing years.
622.8 Quotas--general.
622.9 Prohibited gear and methods--general.
622.10 Landing fish intact---general.
622.11 Bag and possession limits--general applicability.
622.12 Annual catch limits (ACLs) and accountability measures (AMs) for 
          Caribbean island management areas/Caribbean EEZ.
622.13 Prohibitions--general.
622.14 [Reserved]
622.15 Notice regarding area closures to protect corals.
622.16 Notice regarding South Atlantic special management zones (SMZs).
622.17 Notice regarding seasonal/area closures to protect Gulf reef 
          fish.

           Subpart B_Reef Fish Resources of the Gulf of Mexico

622.20 Permits and endorsements.
622.21 Individual fishing quota (IFQ) program for Gulf red snapper.
622.22 Individual fishing quota (IFQ) program for Gulf groupers and 
          tilefishes.
622.23-622.24 [Reserved]
622.25 Exemptions for Gulf groundfish trawling.
622.26 Recordkeeping and reporting.
622.27 At-sea observer coverage.
622.28 Vessel monitoring systems (VMSs).
622.29 Conservation measures for protected resources.
622.30 Required fishing gear.
622.31 Buoy gear identification.
622.32 Prohibited gear and methods.
622.33 Prohibited species.
622.34 Seasonal and area closures designed to protect Gulf reef fish.
622.35 Gear restricted areas.
622.36 Seasonal harvest limitations.
622.37 Size limits.
622.38 Bag and possession limits.
622.39 Quotas.
622.40 Restrictions on sale/purchase.
622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.42 Adjustment of management measures.
622.43 Commercial trip limits.

             Subpart C_Shrimp Fishery of the Gulf of Mexico

622.50 Permits and fees.
622.51 Recordkeeping and reporting.
622.52 At-sea observer coverage.
622.53 Bycatch reduction device (BRD) requirements.
622.54 Prohibited gear and methods.
622.55 Closed areas.
622.56 Size limits.
622.57 [Reserved]
622.58 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.59 Prevention of gear conflicts.
622.60 Adjustment of management measures.

          Subpart D_Coral and Coral Reefs of the Gulf of Mexico

622.70 Permits.
622.71 Recordkeeping and reporting.
622.72 Prohibited gear and methods.
622.73 Prohibited species.
622.74 Area closures to protect Gulf corals.

[[Page 228]]

622.75 Harvest limitations.
622.76 Restrictions on sale/purchase.
622.77 Adjustment of management measures.

            Subpart E_Red Drum Fishery of the Gulf of Mexico

622.90 Permits.
622.91 Recordkeeping and reporting.
622.92 Prohibited species.
622.93 Adjustment of management measures.

       Subpart F_Offshore Marine Aquaculture in the Gulf of Mexico

622.100 General.
622.101 Permits.
622.102 Recordkeeping and reporting.
622.103 Aquaculture facilities.
622.104 Restricted access zones.
622.105 Allowable aquaculture systems and species.
622.106 Aquaculture operations.
622.107 Limitation on aquaculture production.
622.108 Remedial actions.
622.109 Adjustment of management measures.

Subparts G-H [Reserved]

     Subpart I_Snapper-Grouper Fishery of the South Atlantic Region

622.170 Permits and endorsements.
622.171 South Atlantic snapper-grouper limited access.
622.172 Wreckfish individual transferable quota (ITQ) system.
622.173-622.175 [Reserved]
622.176 Recordkeeping and reporting.
622.177 Gear identification.
622.178 At-sea observer coverage.
622.179 Conservation measures for protected species.
622.180 Prohibited gear and methods.
622.181 Prohibited and limited-harvest species.
622.182 Gear-restricted areas.
622.183 Area and seasonal closures.
622.184 Seasonal harvest limitations.
622.185 Size limits.
622.186 Landing fish intact.
622.187 Bag and possession limits.
622.188 Required gear, authorized gear, and unauthorized gear.
622.189 Restrictions and requirements for sea bass pots.
622.190 Quotas.
622.191 Commercial trip limits.
622.192 Restrictions on sale/purchase.
622.193 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.194 Adjustment of management measures.

          Subpart J_Shrimp Fishery of the South Atlantic Region

622.200 Permits.
622.201 South Atlantic rock shrimp limited access.
622.202 [Reserved]
622.203 Recordkeeping reporting.
622.204 At-sea observer coverage.
622.205 Vessel monitoring systems (VMSs).
622.206 Area and seasonal closures.
622.207 Bycatch Reduction Device (BRD) requirements.
622.208 Minimum mesh size applicable to rock shrimp off Georgia and 
          Florida.
622.209 Restrictions on sale/purchase.
622.210 Adjustment of management measures.

Subpart K_Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South 
                             Atlantic Region

622.220 Permits.
622.221 Recordkeeping and reporting.
622.222 Prohibited gear and methods.
622.223 Prohibited species.
622.224 Area closures to protect South Atlantic corals.
622.225 Harvest limitations.
622.226 Restrictions on sale/purchase.
622.227 Adjustment of management measures.

       Subpart L_Golden Crab Fishery of the South Atlantic Region

622.240 Permits.
622.241 South Atlantic golden crab controlled access.
622.242 Recordkeeping and reporting.
622.243 Gear identification.
622.244 At-sea observer coverage.
622.245 Prohibited species.
622.246 Area closures.
622.247 Landing golden crab intact.
622.248 Authorized gear.
622.249 Gear restrictions and requirements.
622.250 Restrictions on sale/purchase.
622.251 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.252 Adjustment of management measures.

       Subpart M_Dolphin and Wahoo Fishery Off the Atlantic States

622.270 Permits.
622.271 Recordkeeping and reporting.
622.272 Authorized gear.
622.273 Conservation measures for protected species.
622.274 Pelagic longline closed areas.
622.275 Size limits.
622.276 Landing fish intact.
622.277 Bag and possession limits.

[[Page 229]]

622.278 Commercial trip limits.
622.279 Restrictions on sale/purchase.
622.280 Annual catch limits (ACLs) and accountability measures (AMs).
622.281 Adjustment of management measures.

    Subpart N_Pelagic Sargassum Habitat of the South Atlantic Region

622.300 At-sea observer coverage.
622.301 Area and seasonal restrictions.
622.302 Minimum mesh size.
622.303 Quotas.

Subparts O-P [Reserved]

Subpart Q_Coastal Migratory Pelagic Resources (Gulf of Mexico and South 
                                Atlantic)

622.369 Description of zones and subzones.
622.370 Permits.
622.371 Limited access system for commercial vessel permits for king 
          mackerel.
622.372 Limited access system for king mackerel gillnet permits 
          applicable in the southern Florida west coast subzone.
622.373 Limited access system for charter vessel/headboat permits for 
          Gulf coastal migratory pelagic fish.
622.374 Recordkeeping and reporting.
622.375 Authorized and unauthorized gear.
622.376 Gear identification.
622.377 Gillnet restrictions.
622.378 Area and seasonal closures.
622.379 Purse seine incidental catch allowance.
622.380 Size limits.
622.381 Landing fish intact.
622.382 Bag and possession limits.
622.383 Limited harvest species.
622.384 Quotas.
622.385 Commercial trip limits.
622.386 Restrictions on sale/purchase.
622.387 [Reserved]
622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.389 Adjustment of management measures.

Subpart R_Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic

622.400 Permits and fees.
622.401 Recordkeeping and reporting.
622.402 Vessel and gear identification.
622.403 Seasons.
622.404 Prohibited gear and methods.
622.405 Trap construction specifications and tending restrictions.
622.406 Areas closed to lobster trap gear.
622.407 Minimum size limits and other harvest limitations.
622.408 Bag/possession limits.
622.409 Spiny lobster import prohibitions.
622.410 Restrictions within Tortugas marine reserves.
622.411 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.412 Adjustment of management measures.
622.413 Incorporation by reference.
622.414 [Reserved]
622.415 Limited exemption regarding harvest in waters of a foreign 
          nation.
622.416 Restrictions on sale/purchase.

 Subpart S_Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands

622.430 Gear identification.
622.431 Trap construction specifications and tending restrictions.
622.432 Anchoring restriction.
622.433 Prohibited gear and methods.
622.434 Prohibited species.
622.435 Seasonal and area closures.
622.436 Size limits.
622.437 Bag limits.
622.438 Restrictions on sale/purchase.
622.439 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.440 Adjustment of management measures.

   Subpart T_Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin 
                                 Islands

622.450 Gear identification.
622.451 Trap construction specifications and tending restrictions.
622.452 Prohibited gear and methods.
622.453 Prohibition on harvest of egg-bearing spiny lobster.
622.454 Minimum size limit.
622.455 Landing spiny lobster intact.
622.456 Bag limit.
622.457 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.458 Caribbean spiny lobster import prohibitions.
622.459 Adjustment of management measures.

Subpart U_Corals and Reef Associated Plants and Invertebrates of Puerto 
                    Rico and the U.S. Virgin Islands

622.470 Permits.
622.471 Prohibited gear and methods.
622.472 Prohibited species.
622.473 Restrictions on sale/purchase.
622.474 Adjustment of management measures.

   Subpart V_Queen Conch Resources of Puerto Rico and the U.S. Virgin 
                                 Islands

622.490 Prohibited gear and methods.

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622.491 Seasonal and area closures.
622.492 Minimum size limit.
622.493 Landing Caribbean queen conch intact.
622.494 Bag limit.
622.495 Commercial trip limit.
622.496 Annual catch limits (ACLs), annual catch targets (ACTs), and 
          accountability measures (AMs).
622.497 Adjustment of management measures.

Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Appendix D to Part 622--Specifications for Certified BRDs
Appendix E to Part 622--Caribbean Island/Island Group Management Areas
Appendix F to Part 622--Specifications for Sea Turtle Mitigation Gear 
          and Sea Turtle Handling and Release Requirements
Appendix G to Part 622--Coastal Migratory Pelagics Zone Illustrations

    Authority: 16 U.S.C. 1801 et seq.

    Source: 78 FR 22952, Apr. 17, 2013, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 622 appear at 79 FR 
57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.



                      Subpart A_General Provisions



Sec. 622.1  Purpose and scope.

    (a) The purpose of this part is to implement the FMPs prepared under 
the Magnuson-Stevens Act by the CFMC, GMFMC, and/or SAFMC listed in 
Table 1 of this section.
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, South 
Atlantic, or Atlantic EEZ, unless otherwise specified, as indicated in 
Table 1 of this section. For the FMPs noted in the following table, 
conservation and management extends to adjoining state waters for the 
purposes of data collection and monitoring.
    (c) This part also governs importation of Caribbean spiny lobster 
into Puerto Rico or the U.S. Virgin Islands.
    (d) This part also governs importation of spiny lobster into any 
place subject to the jurisdiction of the United States.

                            Table 1 to Sec. 622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                            Responsible fishery
              FMP title                    management council(s)                   Geographical area
----------------------------------------------------------------------------------------------------------------
FMP for Coastal Migratory Pelagic      GMFMC/SAFMC..................  Gulf \1\, Mid-Atlantic \1\ South
 Resources.                                                            Atlantic.\1\
FMP for Coral, Coral Reefs, and Live/  SAFMC........................  South Atlantic.\5\
 Hard Bottom Habitats of the South
 Atlantic Region.
FMP for Coral and Coral reefs of the   GMFMC........................  Gulf.
 Gulf of Mexico.
FMP for Corals and Reef Associated     CFMC.........................  Caribbean.
 Plants and Invertebrates of Puerto
 Rico and the U.S. Virgin Islands.
FMP for the Dolphin and Wahoo Fishery  SAFMC........................  Atlantic.
 off the Atlantic States.
FMP for the Golden Crab Fishery of     SAFMC........................  South Atlantic.
 the South Atlantic Region.
FMP for Pelagic Sargassum Habitat of   SAFMC........................  South Atlantic.
 the South Atlantic Region.
FMP for Queen Conch Resources of       CFMC.........................  Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Red Drum Fishery of the    GMFMC........................  Gulf.\1\
 Gulf of Mexico.
FMP for the Reef Fish Fishery of       CFMC.........................  Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Reef Fish Resources of     GMFMC........................  Gulf. \1 3 4\
 the Gulf of Mexico.
FMP for Regulating Offshore Marine     GMFMC........................  Gulf.
 Aquaculture in the Gulf.
FMP for the Shrimp Fishery of the      GMFMC........................  Gulf. \1\
 Gulf of Mexico.
FMP for the Shrimp Fishery of the      SAFMC........................  South Atlantic.
 South Atlantic Region.
FMP for the Snapper-Grouper Fishery    SAFMC........................  South Atlantic \6\
 of the South Atlantic Region.
FMP for the Spiny Lobster Fishery of   CFMC.........................  Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Spiny Lobster Fishery of   GMFMC/SAFMC..................  Gulf \1\, South Atlantic.\1\
 the Gulf of Mexico and South
 Atlantic.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Black sea bass and scup are not managed by the FMP or regulated by this part north of 35 deg.15.9' N. lat.,
  the latitude of Cape Hatteras Light, NC.
\3\ Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a person
  aboard a vessel for which a Gulf red snapper IFQ vessel account has been established or possessed by a dealer
  with a Gulf IFQ dealer endorsement.

[[Page 231]]

 
\4\ Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a
  person aboard a vessel for which an IFQ vessel account for Gulf groupers and tilefishes has been established
  or possessed by a dealer with a Gulf IFQ dealer endorsement.
\5\ Octocorals are managed by the FMP or regulated by this part only in the EEZ off North Carolina, South
  Carolina, and Georgia.
\6\ Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are managed under the FMP.


[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013; 
81 FR 1792, Jan. 13, 2016]



Sec. 622.2  Definitions and acronyms.

    In addition to the definitions in the Magnuson Act and in Sec. 
600.10 of this chapter, and the acronyms in Sec. 600.15 of this 
chapter, the terms and acronyms used in this part have the following 
meanings:
    Accountability measure means a management control implemented such 
that overfishing is prevented, where possible, and mitigated if it 
occurs.
    Actual ex-vessel price means the total monetary sale amount a 
fisherman receives per pound of fish for IFQ landings from a registered 
IFQ dealer before any deductions are made for transferred (leased) 
allocation and goods and services (e.g. bait, ice, fuel, repairs, 
machinery replacement, etc.).
    Allowable chemical means a substance, generally used to immobilize 
marine life so that it can be captured alive, that, when introduced into 
the water, does not take Gulf and South Atlantic prohibited coral and is 
allowed by Florida for the harvest of tropical fish (e.g., quinaldine, 
quinaldine compounds, or similar substances).
    Allowable octocoral means an erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an 
allowable octocoral. (Note: An erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, with attached substrate exceeding 1 inch (2.54 cm) is 
considered to be live rock and not allowable octocoral.)
    Annual catch limit (ACL) means the level of catch that serves as the 
basis for invoking accountability measures.
    Annual catch target (ACT) means an amount of annual catch of a stock 
or stock complex that is the management target of the fishery, and 
accounts for management uncertainty in controlling the actual catch at 
or below the ACL.
    Aquaculture means all activities, including the operation of an 
aquaculture facility, involved in the propagation or rearing, or 
attempted propagation or rearing, of allowable aquaculture species in 
the Gulf EEZ.
    Aquaculture facility means an installation or structure, including 
any aquaculture system(s) (including moorings), hatcheries, equipment, 
and associated infrastructure used to hold, propagate, or rear allowable 
aquaculture species in the Gulf EEZ under authority of a Gulf 
aquaculture permit.
    Aquaculture system means any cage, net pen, enclosure, structure, or 
gear deployed in waters of the Gulf EEZ for holding and producing 
allowable aquaculture species.
    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under Sec. 
622.70(a)(2).
    Aquatic animal health expert means a licensed doctor of veterinary 
medicine or a person who is certified by the American Fisheries Society, 
Fish Health Section, as a ``Fish Pathologist'' or ``Fish Health 
Inspector.''
    Atlantic means the North Atlantic, Mid-Atlantic, and South Atlantic.
    Authorized statistical reporting agent means:
    (1) Any person so designated by the SRD; or
    (2) Any person so designated by the head of any Federal or State 
agency that has entered into an agreement with the Assistant 
Administrator to collect fishery data.
    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
    Bandit gear means a rod and reel that remain attached to a vessel 
when in use from which a line and attached hook(s) are deployed. The 
line is payed out from and retrieved on the reel

[[Page 232]]

manually, electrically, or hydraulically.
    Bottom longline means a longline that is deployed, or in combination 
with gear aboard the vessel, e.g., weights or anchors, is capable of 
being deployed to maintain contact with the ocean bottom.
    BRD means bycatch reduction device.
    Bully net means a circular frame attached at right angles to the end 
of a pole and supporting a conical bag of webbing. The webbing is 
usually held up by means of a cord which is released when the net is 
dropped over a lobster.
    Buoy gear means fishing gear that fishes vertically in the water 
column that consists of a single drop line suspended from a float, from 
which no more than 10 hooks can be connected between the buoy and the 
terminal end, and the terminal end contains a weight that is no more 
than 10 lb (4.5 kg). The drop line can be rope (hemp, manila, cotton or 
other natural fibers; nylon, polypropylene, spectra or other synthetic 
material) or monofilament, but must not be cable or wire. The gear is 
free-floating and not connected to other gear or the vessel. The drop 
line must be no greater than 2 times the depth of the water being 
fished. All hooks must be attached to the drop line no more than 30 ft 
(9.1 m) from the weighted terminal end. These hooks may be attached 
directly to the drop line; attached as snoods (defined as an offshoot 
line that is directly spliced, tied or otherwise connected to the drop 
line), where each snood has a single terminal hook; or as gangions 
(defined as an offshoot line connected to the drop line with some type 
of detachable clip), where each gangion has a single terminal hook.
    Carapace length means the measurement of the carapace (head, body, 
or front section) of a spiny lobster from the anteriormost edge (front) 
of the groove between the horns directly above the eyes, along the 
middorsal line (middle of the back), to the rear edge of the top part of 
the carapace, excluding any translucent membrane. (See Figure 1 in 
Appendix C of this part.)
    Caribbean means the Caribbean Sea and Atlantic Ocean seaward of 
Puerto Rico, the U.S. Virgin Islands, and possessions of the United 
States in the Caribbean Sea.
    Caribbean coral reef resource means one or more of the species, or a 
part thereof, listed in Table 1 in Appendix A of this part, whether 
living or dead.
    Caribbean prohibited coral means, in the Caribbean; a gorgonian, 
that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass 
Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is, 
a Caribbean coral reef resource of the Class Hydrozoa (fire corals and 
hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders 
Scleractinia (stony corals) and Antipatharia (black corals); or a part 
thereof.
    Caribbean queen conch or queen conch means the species, Strombus 
gigas, or a part thereof.
    Caribbean reef fish means one or more of the species, or a part 
thereof, listed in Table 2 in Appendix A of this part.
    Caribbean spiny lobster or spiny lobster means the species Panulirus 
argus, or a part thereof.
    CFMC means the Caribbean Fishery Management Council.
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that is subject to the requirements of the USCG to carry six or fewer 
passengers for hire and that engages in charter fishing at any time 
during the calendar year. A charter vessel with a commercial permit, as 
required under Sec. 622.4(a)(2), is considered to be operating as a 
charter vessel when it carries a passenger who pays a fee or when there 
are more than three persons aboard, including operator and crew, except 
for a charter vessel with a commercial vessel permit for Gulf reef fish 
or South Atlantic snapper-grouper. A charter vessel that has a charter 
vessel permit for Gulf reef fish and a commercial vessel permit for Gulf 
reef fish or a charter vessel permit for South Atlantic snapper-grouper 
and a commercial permit for South Atlantic snapper-grouper (either a 
South Atlantic snapper-grouper unlimited permit or a 225-lb (102.1-kg) 
trip limited permit for South Atlantic snapper-grouper) is considered to 
be operating as a charter vessel when it carries a passenger who pays a 
fee or when there are more than four persons aboard, including operator

[[Page 233]]

and crew. A charter vessel that has a charter vessel permit for Gulf 
reef fish, a commercial vessel permit for Gulf reef fish, and a valid 
Certificate of Inspection (COI) issued by the USCG to carry passengers 
for hire will not be considered to be operating as a charter vessel 
provided--
    (1) It is not carrying a passenger who pays a fee; and
    (2) When underway for more than 12 hours, that vessel meets, but 
does not exceed the minimum manning requirements outlined in its COI for 
vessels underway over 12 hours; or when underway for not more than 12 
hours, that vessel meets the minimum manning requirements outlined in 
its COI for vessels underway for not more than 12-hours (if any), and 
does not exceed the minimum manning requirements outlined in its COI for 
vessels that are underway for more than 12 hours.
    Circle hook means a fishing hook designed and manufactured so that 
the point is turned perpendicularly back to the shank to form a 
generally circular, or oval, shape.
    Coastal migratory pelagic fish means a whole fish, or a part 
thereof, of one or more of the following species:
    (1) Cobia, Rachycentron canadum.
    (2) King mackerel, Scomberomorus cavalla.
    (3) Spanish mackerel, Scomberomorus maculatus.
    Commercial fishing means, for the purpose of subpart R of this part 
only, any fishing or fishing activities which result in the harvest of 
any marine or freshwater organisms, one or more of which (or parts 
thereof) is sold, traded, or bartered.
    Coral area means marine habitat in the Gulf or South Atlantic EEZ 
where coral growth abounds, including patch reefs, outer bank reefs, 
deep water banks, and hard bottoms.
    Cultured animals means animals which are propagated and/or reared by 
humans.
    Dealer, in addition to the definition specified in Sec. 600.10 of 
this chapter, means the person who first receives rock shrimp harvested 
from the EEZ or dolphin or wahoo harvested from the Atlantic EEZ upon 
transfer ashore.
    Deep-water grouper (DWG) means, in the Gulf, yellowedge grouper, 
warsaw grouper, snowy grouper, and speckled hind. In addition, for the 
purposes of the IFQ program for Gulf groupers and tilefishes in Sec. 
622.22, scamp are also included as DWG as specified in Sec. 
622.22(a)(7).
    Deep-water snapper-grouper (DWSG) means, in the South Atlantic, 
yellowedge grouper, misty grouper, warsaw grouper, snowy grouper, 
speckled hind, blueline tilefish, queen snapper, and silk snapper.
    Dehooking device means a device intended to remove a hook embedded 
in a fish to release the fish with minimum damage.
    Dolphin means a whole fish, or a part there of, of the species 
Coryphaena equiselis or C. hippurus.
    Drift gillnet, for the purposes of this part, means a gillnet, other 
than a long gillnet or a run-around gillnet, that is unattached to the 
ocean bottom, regardless of whether attached to a vessel.
    Fish trap means--
    (1) In the Caribbean EEZ, a trap and its component parts (including 
the lines and buoys), regardless of the construction material, used for 
or capable of taking finfish.
    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines and buoys), regardless of the construction material, used for or 
capable of taking finfish, except a trap historically used in the 
directed fishery for crustaceans (that is, blue crab, stone crab, and 
spiny lobster).
    (3) In the South Atlantic EEZ, a trap and its component parts 
(including the lines and buoys), regardless of the construction 
material, used for or capable of taking fish, except a sea bass pot, a 
golden crab trap, or a crustacean trap (that is, a type of trap 
historically used in the directed fishery for blue crab, stone crab, red 
crab, jonah crab, or spiny lobster and that contains at any time not 
more than 25 percent, by number, of fish other than blue crab, stone 
crab, red crab, jonah crab, and spiny lobster).
    Fork length means the straight-line distance from the tip of the 
head (snout) to the rear center edge of the tail (caudal fin). (See 
Figure 2 in Appendix C of this part.)

[[Page 234]]

    Genetically engineered animal means an animal modified by rDNA 
techniques, including the entire lineage of animals that contain the 
modification. The term genetically engineered animal can refer to both 
animals with heritable rDNA constructs and animals with non-heritable 
rDNA constructs (e.g., those modifications intended to be used as gene 
therapy).
    Golden crab means the species Chaceon fenneri, or a part thereof.
    Golden crab trap means any trap used or possessed in association 
with a directed fishery for golden crab in the South Atlantic EEZ, 
including any trap that contains a golden crab in or from the South 
Atlantic EEZ or any trap on board a vessel that possesses golden crab in 
or from the South Atlantic EEZ.
    GMFMC means the Gulf of Mexico Fishery Management Council.
    Gulf means the Gulf of Mexico. The line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) 
of this chapter.
    Gulf reef fish means one or more of the species, or a part thereof, 
listed in Table 3 in Appendix A of this part.
    Gulf and South Atlantic prohibited coral means, in the Gulf and 
South Atlantic, one or more of the following, or a part thereof:
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals).
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals).
    (3) A seafan, Gorgonia flabellum or G. ventalina.
    (4) Coral in a coral reef, except for allowable octocoral.
    (5) Coral in an HAPC, including allowable octocoral.
    Handline means a line with attached hook(s) that is tended directly 
by hand.
    HAPC means habitat area of particular concern.
    Headboat means a vessel that holds a valid Certificate of Inspection 
(COI) issued by the USCG to carry more than six passengers for hire.
    (1) A headboat with a commercial vessel permit, as required under 
this part, is considered to be operating as a headboat when it carries a 
passenger who pays a fee or--
    (i) In the case of persons aboard fishing for or possessing South 
Atlantic snapper-grouper, when there are more persons aboard than the 
number of crew specified in the vessel's COI; or
    (ii) In the case of persons aboard fishing for or possessing coastal 
migratory pelagic fish, when there are more than three persons aboard, 
including operator and crew.
    (2) However a vessel that has a headboat permit for Gulf reef fish, 
a commercial vessel permit for Gulf reef fish, and a valid COI issued by 
the USCG to carry passengers for hire will not be considered to be 
operating as a headboat provided--
    (i) It is not carrying a passenger who pays a fee; and
    (ii) When underway for more than 12 hours, that vessel meets, but 
does not exceed the minimum manning requirements outlined in its COI for 
vessels underway over 12 hours; or when underway for not more than 12 
hours, that vessel meets the minimum manning requirements outlined in 
its COI for vessels underway for not more than 12-hours (if any), and 
does not exceed the minimum manning requirements outlined in its COI for 
vessels that are underway for more than 12 hours.
    Headrope length means the distance, measured along the forwardmost 
webbing of a trawl net, between the points at which the upper lip (top 
edge) of the mouth of the net are attached to sleds, doors, or other 
devices that spread the net.
    Hook-and-line gear means automatic reel, bandit gear, buoy gear, 
handline, longline, and rod and reel.
    Hoop net means a frame, circular or otherwise, supporting a shallow 
bag of webbing and suspended by a line and bridles. The net is baited 
and lowered to the ocean bottom, to be raised rapidly at a later time to 
prevent the escape of lobster.
    IFQ means individual fishing quota.
    Import means--
    (1) For the purpose of Sec. 622.1(c) and subpart T of this part 
only--To land on, bring into, or introduce into, or attempt to land on, 
bring into, or introduce into, Puerto Rico or the U.S. Virgin Islands, 
whether or not such landing, bringing, or introduction constitutes an 
importation within the

[[Page 235]]

meaning of the customs laws of the United States;
    (2) For the purpose of Sec. 622.1(d) and subpart R of this part 
only--To land on, bring into, or introduce into, or attempt to land on, 
bring into, or introduce into, any place subject to the jurisdiction of 
the United States, whether or not such landing, bringing, or 
introduction constitutes an importation within the meaning of the 
customs laws of the United States;
    (3) But does not include any activity described in paragraph (1) or 
(2) of this definition with respect to fish caught in the U.S. exclusive 
economic zone by a vessel of the United States.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    Live well means a shaded container used for holding live lobsters 
aboard a vessel in which aerated seawater is continuously circulated 
from the sea. Circulation of seawater at a rate that replaces the water 
at least every 8 minutes meets the requirement for aeration.
    Long gillnet means a gillnet that has a float line that is more than 
1,000 yd (914 m) in length.
    Longline means a line that is deployed horizontally to which 
gangions and hooks are attached. A longline may be a bottom longline, 
i.e., designed for use on the bottom, or a pelagic longline, i.e., 
designed for use off the bottom. The longline hauler may be manually, 
electrically, or hydraulically operated.
    MAFMC means the Mid-Atlantic Fishery Management Council.
    Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the New England Fishery Management 
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in Sec. 
600.105(b) of this chapter.
    Migratory group, for king mackerel, Spanish mackerel, and cobia, 
means a group of fish that may or may not be a separate genetic stock, 
but that is treated as a separate stock for management purposes. King 
mackerel, Spanish mackerel, and cobia are divided into migratory 
groups--the boundaries between these groups are specified in Sec. 
622.369.
    MPA means marine protected area.
    North Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the United States and Canada to the 
boundary between the New England Fishery Management Council and the 
MAFMC, as specified in Sec. 600.105(a) of this chapter.
    Off Florida means the waters in the Gulf and South Atlantic from 
30 deg.42'45.6` N. lat., which is a line directly east from the seaward 
terminus of the Georgia/Florida boundary, to 87 deg.31'06` W. long., 
which is a line directly south from the Alabama/Florida boundary.
    Off Georgia means the waters in the South Atlantic from a line 
extending in a direction of 104 deg. from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6` N. 
lat., which is a line directly east from the seaward terminus of the 
Georgia/Florida boundary.
    Off Louisiana, Mississippi, and Alabama means the waters in the Gulf 
other than off Florida and off Texas.
    Off Monroe County, Florida means the area from the Florida coast to 
the outer limit of the EEZ between a line extending directly east from 
the Dade/Monroe County, Florida boundary (25 deg.20.4' N. latitude) and 
a line extending directly west from the Monroe/Collier County, Florida 
boundary (25 deg.48.0' N. latitude).
    Off North Carolina means the waters in the South Atlantic from 
36 deg.34'55` N. lat., which is a line directly east from the Virginia/
North Carolina boundary, to a line extending in a direction of 
135 deg.34'55` from true north from the North Carolina/South Carolina 
boundary, as marked by the border station on Bird Island at 
33 deg.51'07.9` N. lat., 78 deg.32'32.6` W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135 deg.34'55` from true north from the 
North Carolina/South Carolina boundary, as marked by the border station 
on Bird Island at 33 deg.51'07.9` N. lat., 78 deg.32'32.6` W. long., to 
a line extending in a direction of 104 deg.

[[Page 236]]

from true north from the seaward terminus of the South Carolina/Georgia 
boundary.
    Off Texas means the waters in the Gulf west of a rhumb line from 
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat., 
92 deg.53' W. long., which line is an extension of the boundary between 
Louisiana and Texas.
    Off the Gulf states, other than Florida means the area from the 
coast to the outer limit of the EEZ between the Texas/Mexico border to 
the Alabama/Florida boundary (87 deg.31'06` W. long.).
    Off the southern Atlantic states, other than Florida means the area 
from the coast to the outer limit of the EEZ between the Virginia/North 
Carolina boundary (36 deg.34'55` N. lat.) to the Georgia/Florida 
boundary (30 deg.42'45.6` N. lat.).
    Official sunrise or official sunset means the time of sunrise or 
sunset as determined for the date and location in The Nautical Almanac, 
prepared by the U.S. Naval Observatory.
    Pelagic longline means a longline that is suspended by floats in the 
water column and that is not fixed to or in contact with the ocean 
bottom.
    Pelagic sargassum means the species Sargassum natans or S. fluitans, 
or a part thereof.
    Penaeid shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Farfantepenaeus aztecus.
    (2) Pink shrimp, Farfantepenaeus duorarum.
    (3) White shrimp, Litopenaeus setiferus.
    Penaeid shrimp trawler means any vessel that is equipped with one or 
more trawl nets whose on-board or landed catch of penaeid shrimp is more 
than 1 percent, by weight, of all fish comprising its on-board or landed 
catch.
    Powerhead means any device with an explosive charge, usually 
attached to a speargun, spear, pole, or stick, that fires a projectile 
upon contact.
    Processor means a person who processes fish or fish products, or 
parts thereof, for commercial use or consumption.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Recreational fishing means, for the purpose of subpart R of this 
part only, fishing or fishing activities which result in the harvest of 
fish, none of which (or parts thereof) is sold, traded, or bartered.
    Red drum, also called redfish, means Sciaenops ocellatus, or a part 
thereof.
    Red snapper means Lutjanus campechanus, or a part thereof, one of 
the Gulf reef fish species.
    Regional Administrator (RA), for the purposes of this part, means 
the Administrator, Southeast Region, NMFS, 263 13th Avenue South, St. 
Petersburg, FL 33701, or a designee.
    Reporting week means the period of time beginning at 12:01 a.m., 
local time, on Sunday and ending at 11:59 p.m., local time, the 
following Saturday.
    Rod and reel means a rod and reel unit that is not attached to a 
vessel, or, if attached, is readily removable, from which a line and 
attached hook(s) are deployed. The line is payed out from and retrieved 
on the reel manually, electrically, or hydraulically.
    Run-around gillnet means a gillnet, other than a long gillnet, that, 
when used, encloses an area of water.
    SAFMC means the South Atlantic Fishery Management Council.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (SRD), for the purposes of this part, 
means the Science and Research Director, Southeast Fisheries Science 
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
    Sea bass pot means a trap has six rectangular sides and does not 
exceed 25 inches (63.5 cm) in height, width, or depth.
    Shallow-water grouper (SWG) means, in the Gulf, gag, red grouper, 
black grouper, scamp, yellowfin grouper, and yellowmouth grouper. Other 
shallow-water grouper (Other SWG) means, in the Gulf, SWG excluding gag 
and red grouper (i.e., black grouper, scamp, yellowfin grouper, and 
yellowmouth grouper). In addition, for the purposes of the IFQ program 
for Gulf groupers and tilefishes in Sec. 622.22, speckled hind and 
warsaw grouper are also included

[[Page 237]]

as Other SWG as specified in Sec. 622.22(a)(6).
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Farfantepenaeus aztecus.
    (2) White shrimp, Litopenaeus setiferus.
    (3) Pink shrimp, Farfantepenaeus duorarum.
    (4) Royal red shrimp, Hymenopenaeus robustus.
    (5) Rock shrimp, Sicyonia brevirostris.
    Shrimp trawler means any vessel that is equipped with one or more 
trawl nets whose on-board or landed catch of shrimp is more than 1 
percent, by weight, of all fish comprising its on-board or landed catch.
    Significant risk means likely to adversely affect endangered or 
threatened species or their critical habitat; is likely to seriously 
injure or kill marine mammals; is likely to result in un-mitigated 
adverse effects on essential fish habitat; is likely to adversely affect 
wild fish stocks and cause them to become overfished or undergo 
overfishing; or otherwise may result in harm to public health or safety, 
as determined by the RA.
    Smalltooth sawfish means the species Pristis pectinata, or a part 
thereof.
    SMZ means special management zone.
    South Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the MAFMC and the SAFMC, as specified 
in Sec. 600.105(b) of this chapter, to the line of demarcation between 
the Atlantic Ocean and the Gulf of Mexico, as specified in Sec. 
600.105(c) of this chapter.
    South Atlantic shallow-water grouper (SASWG) means, in the South 
Atlantic, gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney.
    South Atlantic snapper-grouper means one or more of the species, or 
a part thereof, listed in Table 4 in Appendix A of this part.
    Stab net means a gillnet, other than a long gillnet, or trammel net 
whose weight line sinks to the bottom and submerges the float line.
    Tail length means the lengthwise measurement of the entire tail 
(segmented portion), not including any protruding muscle tissue, of a 
spiny lobster along the top middorsal line (middle of the back) to the 
rearmost extremity. The measurement is made with the tail in a flat, 
straight position with the tip of the tail closed.
    Total length (TL), for the purposes of this part, means the 
straight-line distance from the tip of the snout to the tip of the tail 
(caudal fin), excluding any caudal filament, while the fish is lying on 
its side. The mouth of the fish may be closed and/or the tail may be 
squeezed together to give the greatest overall measurement. (See Figure 
2 in Appendix C of this part.)
    Toxic chemical means any substance, other than an allowable 
chemical, that, when introduced into the water, can stun, immobilize, or 
take marine life.
    Trammel net means two or more panels of netting, suspended 
vertically in the water by a common float line and a common weight line, 
with one panel having a larger mesh size than the other(s), to entrap 
fish in a pocket of netting.
    Transgenic animal means an animal whose genome contains a nucleotide 
sequence that has been intentionally modified in vitro, and the progeny 
of such an animal.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Try net, also called test net, means a net pulled for brief periods 
by a shrimp trawler to test for shrimp concentrations or determine 
fishing conditions (e.g., presence or absence of bottom debris, 
jellyfish, bycatch, sea grasses).
    Venting device means a device intended to deflate the abdominal 
cavity of a fish to release the fish with minimum damage.
    Wahoo means the species Acanthocybium solandri, or a part thereof, 
in the Atlantic.
    Wild fish means fish that are not propagated or reared by humans.
    Wild live rock means live rock other than aquacultured live rock.
    Wreckfish means the species Polyprion americanus, or a part thereof, 
one of the

[[Page 238]]

South Atlantic snapper-grouper species.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013; 
79 FR 19493, Apr. 9, 2014; 80 FR 4218, Jan. 27, 2015; 81 FR 1792, Jan. 
13, 2016]



Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and paragraphs (b) through (e) of this section.
    (b) Except for regulations on allowable octocoral, Gulf and South 
Atlantic prohibited coral, and live rock, this part is intended to apply 
within the EEZ portions of applicable National Marine Sanctuaries and 
National Parks, unless the regulations governing such sanctuaries or 
parks prohibit their application. Regulations on allowable octocoral, 
Gulf and South Atlantic prohibited coral, and live rock do not apply 
within the EEZ portions of the following National Marine Sanctuaries and 
National Parks:
    (1) Florida Keys National Marine Sanctuary (15 CFR part 922, subpart 
P).
    (2) Gray's Reef National Marine Sanctuary (15 CFR part 922, subpart 
I).
    (3) Monitor National Marine Sanctuary (15 CFR part 922, subpart F).
    (4) Everglades National Park (36 CFR 7.45).
    (5) Biscayne National Park (16 U.S.C. 410gg).
    (6) Fort Jefferson National Monument (36 CFR 7.27).
    (c) For allowable octocoral, if a state has a catch, landing, or 
gear regulation that is more restrictive than a catch, landing, or gear 
regulation in this part, a person landing in such state allowable 
octocoral taken from the South Atlantic EEZ must comply with the more 
restrictive state regulation.
    (d) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Sec. Sec. 600.730, 600.735, and 600.740 of this chapter, 
respectively.
    (e) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing, or exempted educational activity, as specified in Sec. 600.745 
of this chapter.



Sec. 622.4  Permits and fees--general.

    This section contains general information about procedures related 
to permits. See also Sec. Sec. 622.70, 622.220, and 622.470 regarding 
certain permit procedures unique to coral permits in the Gulf of Mexico, 
South Atlantic Region, and Puerto Rico and the U.S. Virgin Islands, 
respectively. See subpart F of this part for permit requirements related 
to aquaculture of species other than live rock. Permit requirements for 
specific fisheries, as applicable, are contained in subparts B through V 
of this part.
    (a) Applications for permits. Application forms for all permits are 
available from the RA. Completed application forms and all required 
supporting documents must be submitted to the RA at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general partner) 
or operator of the vessel. A commercial vessel permit that is issued 
based on the earned income qualification of an operator is valid only 
when that person is the operator of the vessel. The applicant for a 
commercial vessel permit for wreckfish must be a wreckfish shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.

[[Page 239]]

    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of this part have been 
met.
    (G) If a sea bass pot will be used, the number, dimensions, and 
estimated cubic volume of the pots that will be used and the applicant's 
desired color code for use in identifying his or her vessel and buoys 
(white is not an acceptable color code).
    (2) Operator permits. An applicant for an operator permit must 
provide the following:
    (i) Name, address, telephone number, and other identifying 
information specified on the application.
    (ii) Two recent (no more than 1-yr old), color, passport-size 
photographs.
    (iii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (3) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (b) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, a person with an 
operator permit, or a dealer with a permit must notify the RA within 30 
days after any change in the application information specified in 
paragraph (a) of this section or in Sec. Sec. 622.70(b), 622.220(b), 
622.400(b), or 622.470(b). The permit is void if any change in the 
information is not reported within 30 days.
    (c) Fees. Unless specified otherwise, a fee is charged for each 
application for a permit, license, or endorsement submitted under this 
part, for each request for transfer or replacement of such permit, 
license, or endorsement, and for each sea bass pot identification tag 
required under Sec. 622.177(a)(1). The amount of each fee is calculated 
in accordance with the procedures of the NOAA Finance Handbook, 
available from the RA, for determining the administrative costs of each 
special product or service. The fee may not exceed such costs and is 
specified with each application form. The appropriate fee must accompany 
each application, request for transfer or replacement, or request for 
sea bass pot identification tags.
    (d) Initial issuance. (1) The RA will issue an initial permit at any 
time to an applicant if the application is complete and the specific 
requirements for the requested permit have been met. An application is 
complete when all requested forms, information, and documentation have 
been received.
    (2) Upon receipt of an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RA's letter of 
notification, the application will be considered abandoned.
    (e) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 15 
CFR part 904 or, in the case of a vessel or dealer permit, the vessel or 
dealership is sold.
    (f) Transfer--(1) Vessel permits, licenses, and endorsements and 
dealer permits. A vessel permit, license, or endorsement or a dealer 
permit or endorsement issued under this part 622 is not transferable or 
assignable, except as provided in the permits sections of subparts B 
through V of this part, where applicable. A person who acquires a vessel 
or dealership who desires to conduct activities for which a

[[Page 240]]

permit, license, or endorsement is required must apply for a permit, 
license, or endorsement in accordance with the provisions of this 
section and other applicable sections of this part. If the acquired 
vessel or dealership is currently permitted, the application must be 
accompanied by the original permit and a copy of a signed bill of sale 
or equivalent acquisition papers. In those cases where a permit, 
license, or endorsement is transferable, the seller must sign the back 
of the permit, license, or endorsement and have the signed transfer 
document notarized.
    (2) Operator permits. An operator permit is not transferable.
    (g) Renewal--(1) Vessel permits, licenses, and endorsements and 
dealer permits. Unless specified otherwise, a vessel owner or dealer who 
has been issued a permit, license, or endorsement under this part must 
renew such permit, license, or endorsement on an annual basis. The RA 
will mail a vessel owner or dealer whose permit, license, or endorsement 
is expiring an application for renewal approximately 2 months prior to 
the expiration date. A vessel owner or dealer who does not receive a 
renewal application from the RA by 45 days prior to the expiration date 
of the permit, license, or endorsement must contact the RA and request a 
renewal application. The applicant must submit a completed renewal 
application form and all required supporting documents to the RA prior 
to the applicable deadline for renewal of the permit, license, or 
endorsement and at least 30 days prior to the date on which the 
applicant desires to have the permit made effective. If the RA receives 
an incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (2) Operator permits. An operator permit required by this part 622 
is issued for a period not longer than 3 years. A permit not renewed 
immediately upon its expiration would expire at the end of the 
operator's birth month that is between 2 and 3 years after issuance. For 
renewal, a new application must be submitted in accordance with 
paragraph (a)(2) of this section.
    (h) Display. A vessel permit, license, or endorsement issued under 
this part 622 must be carried on board the vessel. A dealer permit 
issued under this part 622, or a copy thereof, must be available on the 
dealer's premises. In addition, a copy of the dealer's permit must 
accompany each vehicle that is used to pick up from a fishing vessel 
fish harvested from the EEZ. A Gulf IFQ dealer endorsement must 
accompany each vehicle that is used to pick up Gulf IFQ red snapper and/
or Gulf IFQ groupers and tilefishes. The operator of a vessel must 
present the vessel permit, license, or endorsement for inspection upon 
the request of an authorized officer. A dealer or a vehicle operator 
must present the permit or a copy for inspection upon the request of an 
authorized officer. An operator of a vessel in a fishery in which an 
operator permit is required must present his/her operator permit and one 
other form of personal identification that includes a picture (driver's 
license, passport, etc.) for inspection upon the request of an 
authorized officer.
    (i) Sanctions and denials. (1) A permit, license, or endorsement 
issued pursuant to this part 622 may be revoked, suspended, or modified, 
and a permit, license, or endorsement application may be denied, in 
accordance with the procedures governing enforcement-related permit 
sanctions and denials found at subpart D of 15 CFR part 904.
    (2) A person whose operator permit is suspended, revoked, or 
modified may not be aboard any fishing vessel subject to Federal fishing 
regulations in any capacity, if so sanctioned by NOAA, while the vessel 
is at sea or offloading. The vessel's owner and operator are responsible 
for compliance with this measure. A list of operators whose permits are 
revoked or suspended may be obtained from the RA.
    (j) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (k) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement

[[Page 241]]

is not considered a new application. An application for a replacement 
operator permit must include two new photographs, as specified in 
paragraph (a)(2)(ii) of this section.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19493, Apr. 9, 2014; 81 
FR 1792, Jan. 13, 2016]



Sec. 622.5  Recordkeeping and reporting--general.

    This section contains recordkeeping and reporting requirements that 
are broadly applicable, as specified, to most or all fisheries governed 
by this part. Additional recordkeeping and reporting requirements 
specific to each fishery are contained in the respective subparts B 
through V of this part.
    (a) Collection of additional data and fish inspection. In addition 
to data required to be reported as specified in subparts B through V of 
this part, additional data will be collected by authorized statistical 
reporting agents and by authorized officers. A person who fishes for or 
possesses species in or from the EEZ governed in this part is required 
to make the applicable fish or parts thereof available for inspection by 
the SRD or an authorized officer on request.
    (b) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under the recordkeeping and reporting requirements in 
subparts B through V of this part must provide the following information 
when interviewed by the SRD:
    (1) Name and official number of vessel and permit number, if 
applicable.
    (2) Length and tonnage.
    (3) Current home port.
    (4) Fishing areas.
    (5) Ports where fish were offloaded during the last year.
    (6) Type and quantity of gear.
    (7) Number of full- and part-time fishermen or crew members.
    (c) Dealers--(1) Permitted Gulf and South Atlantic dealers. (i) A 
person issued a Gulf and South Atlantic dealer permit must submit a 
detailed electronic report of all fish first received for a commercial 
purpose within the time period specified in this paragraph via the 
dealer electronic trip ticket reporting system. These electronic reports 
must be submitted at weekly intervals via the dealer electronic trip 
ticket reporting system by 11:59 p.m., local time, the Tuesday following 
a reporting week. If no fish were received during a reporting week, an 
electronic report so stating must be submitted for that reporting week. 
In addition, during the open season, dealers must submit daily reports 
for Gulf migratory group king mackerel harvested by the run-around 
gillnet component in the Florida west coast southern subzone via the 
port agents, telephone, internet, or other similar means determined by 
NMFS. From the beginning of the open season until the commercial ACL 
(commercial quota) for the run-around gillnet sector for Gulf migratory 
group king mackerel is reached, dealers must submit a daily report if no 
king mackerel were received during the previous day. NMFS will provide 
written notice to dealers that first receive Gulf king mackerel 
harvested by the run-around gillnet component prior to the beginning of 
each fishing year if the reporting methods or deadline change from the 
previous year.
    (ii) Dealers must retain either the paper forms or electronic 
reports for at least 1 year after the submittal date and must provide 
such records for inspection upon the request of an authorized officer or 
the SRD.
    (iii) During catastrophic conditions only, the ACL monitoring 
program provides for use of paper-based components for basic required 
functions as a backup. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and which 
participants or geographic areas are deemed affected by the catastrophic 
conditions. The RA will provide timely notice to affected participants 
via publication of notification in the Federal Register, NOAA weather 
radio, fishery bulletins, and other appropriate means and will authorize 
the affected participants' use of paper-based components for the 
duration of the catastrophic conditions. The paper forms will be 
available from NMFS. During catastrophic conditions, the RA

[[Page 242]]

has the authority to waive or modify reporting time requirements.
    (iv) Gulf and South Atlantic dealers are not authorized to first 
receive Gulf reef fish, Gulf red drum, South Atlantic golden crab, South 
Atlantic snapper-grouper, South Atlantic wreckfish, South Atlantic rock 
shrimp, coastal migratory pelagic fish, spiny lobster, or Atlantic 
dolphin or wahoo from a federally permitted vessel if the required 
reports have not been submitted and received by NMFS according to the 
reporting requirements under this section. Delinquent reports 
automatically result in a Gulf and South Atlantic dealer becoming 
ineligible to first receive such fish, regardless of any notification to 
dealers by NMFS. Gulf and South Atlantic dealers who become ineligible 
to receive such fish due to delinquent reports are authorized to first 
receive such fish only after all required and delinquent reports have 
been submitted and received by NMFS according to the reporting 
requirements under this section.
    (2) Non-permitted dealers. See Sec. 622.51 for a person who 
purchases Gulf shrimp from a vessel, or person, that fishes for shrimp 
in the Gulf EEZ or in adjoining state waters, or that lands shrimp in an 
adjoining state.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19493, Apr. 9, 2014; 80 
FR 78674, Dec. 17, 2015]



Sec. 622.6  Vessel identification.

    This section does not apply to subpart R of this part, which has its 
own specific vessel identification requirements in Sec. 622.402.
    (a) Applicability--(1) Official number. A vessel for which a permit 
has been issued under subparts B through V of this part except for 
subpart R, and a vessel that fishes for or possesses pelagic sargassum 
in the South Atlantic EEZ, must display its official number--
    (i) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (ii) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels 
25 ft (7.6 m) long or less.
    (2) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1) of this 
section and, in addition, must display their assigned color code: A 
vessel for which a permit has been issued to fish with a sea bass pot, 
as required under Sec. 622.170(a)(1); a vessel in the commercial 
Caribbean reef fish fishery fishing with traps; and a vessel in the 
Caribbean spiny lobster fishery. Color codes required for the Caribbean 
reef fish fishery and Caribbean spiny lobster fishery are assigned by 
Puerto Rico or the U.S. Virgin Islands, whichever is applicable; color 
codes required in all other fisheries are assigned by the RA. The color 
code must be displayed--
    (i) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (ii) In the form of a circle permanently affixed to or painted on 
the vessel.
    (iii) At least 18 inches (45.7 cm) in diameter for vessels over 65 
ft (19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels 
over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (b) Duties of operator. The operator of a vessel specified in 
paragraph (a) of this section must keep the official number and the 
color code, if applicable, clearly legible and in good repair and must 
ensure that no part of the fishing vessel, its rigging, fishing gear, or 
any other material on board obstructs the view of the official number or 
the color code, if applicable, from an enforcement vessel or aircraft.



Sec. 622.7  Fishing years.

    The fishing year for species or species groups governed in this part 
is January 1 through December 31 except for the following:

[[Page 243]]

    (a) Allowable octocoral--October 1 through September 30.
    (b) King and Spanish mackerel. The fishing year for the king and 
Spanish mackerel bag limits specified in Sec. 622.382 is January 1 
through December 31. The following fishing years apply only for the king 
and Spanish mackerel quotas specified in Sec. 622.384:
    (1) Gulf migratory group king mackerel--(i) Eastern zone--July 1 
through June 30, except the northern subzone of the Florida west coast 
subzone, which has a fishing year of October 1 through September 30.
    (ii) Western zone--July 1 through June 30.
    (2) Gulf migratory group Spanish mackerel--April through March.
    (3) South Atlantic migratory group king and Spanish mackerel--March 
through February.
    (c) Wreckfish--April 16 through April 15.
    (d) South Atlantic greater amberjack--March 1 through the end of 
February.
    (e) South Atlantic black sea bass recreational sector--April 1 
through March 31. (Note: The fishing year for the commercial sector for 
black sea bass is January 1 through December 31).
    (f) South Atlantic yellowtail snapper--August 1 through July 31.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 66322, Nov. 7, 2014; 80 
FR 4218, Jan. 27, 2015; 81 FR 45248, July 13, 2016]



Sec. 622.8  Quotas--general.

    (a) Quotas apply for the fishing year for each species, species 
group, sector or component, unless accountability measures are 
implemented during the fishing year pursuant to the applicable annual 
catch limits and accountability measures sections of subparts B through 
V of this part due to a quota overage occurring the previous year, in 
which case a reduced quota will be specified through notification in the 
Federal Register. Annual quota increases are contingent on the total 
allowable catch for the applicable species not being exceeded in the 
previous fishing year. If the total allowable catch is exceeded in the 
previous fishing year, the RA will file a notification with the Office 
of the Federal Register to maintain the quota for the applicable 
species, sector or component from the previous fishing year for 
following fishing years, unless NMFS determines based upon the best 
scientific information available that maintaining the quota from the 
previous year is unnecessary. Except for the quotas for Gulf and South 
Atlantic coral, the quotas include species harvested from state waters 
adjoining the EEZ.
    (b) Quota closures. When a quota specified in this part is reached, 
or is projected to be reached, the Assistant Administrator will file a 
notification to that effect with the Office of the Federal Register. On 
and after the effective date of such notification, for the remainder of 
the fishing year, the applicable closure restrictions for such a quota, 
as specified in this part apply. (See the applicable annual catch limits 
(ACLs), annual catch targets (ACTs), and accountability measures (AMs) 
sections of subparts B through V of this part for closure provisions 
when an applicable ACL or ACT is reached or projected to be reached).
    (c) Reopening. When a species, sector or component has been closed 
based on a projection of the quota specified in this part, or the ACL 
specified in the applicable annual catch limits and accountability 
measures sections of subparts B through V of this part being reached and 
subsequent data indicate that the quota or ACL was not reached, the 
Assistant Administrator may file a notification to that effect with the 
Office of the Federal Register. Such notification may reopen the 
species, sector or component to provide an opportunity for the quota or 
ACL to be harvested.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 22429, Apr. 22, 2015]



Sec. 622.9  Prohibited gear and methods--general.

    This section contains prohibitions on use of gear and methods that 
are of general applicability, as specified. Additional prohibitions on 
use of gear and methods applicable to specific species or species groups 
are contained in subparts B through V of this part.
    (a) Explosives. An explosive (except an explosive in a powerhead) 
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. A 
vessel fishing in the EEZ for a species governed in this

[[Page 244]]

part, or a vessel for which a permit has been issued under this part, 
may not have on board any dynamite or similar explosive substance.
    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area, and a chemical, plant, or plant-derived toxin 
may not be used to harvest a Caribbean coral reef resource in the 
Caribbean EEZ.
    (c) Fish traps. A fish trap may not be used or possessed in the Gulf 
or South Atlantic EEZ. A fish trap deployed in the Gulf or South 
Atlantic EEZ may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.
    (d) Weak link. A bottom trawl that does not have a weak link in the 
tickler chain may not be used to fish in the Gulf EEZ. For the purposes 
of this paragraph, a weak link is defined as a length or section of the 
tickler chain that has a breaking strength less than the chain itself 
and is easily seen as such when visually inspected.
    (e) Use of Gulf reef fish as bait prohibited. Gulf reef fish may not 
be used as bait in any fishery, except that, when purchased from a fish 
processor, the filleted carcasses and offal of Gulf reef fish may be 
used as bait in trap fisheries for blue crab, stone crab, deep-water 
crab, and spiny lobster.



Sec. 622.10  Landing fish intact---general.

    This section contains requirements for landing fish intact that are 
broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as 
specified. See subparts B through V, as applicable, for additional 
species specific requirements for landing fish intact.
    (a) Finfish in or from the Gulf EEZ or Caribbean EEZ, except as 
specified in paragraphs (b) and (c) of this section, must be maintained 
with head and fins intact.
    (b) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (c) In the Gulf EEZ or Caribbean EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (c)(1), ``bait'' means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or
    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (c)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ or Caribbean 
EEZ that is subsequently sold or purchased as a finfish species, rather 
than as bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.
    (d) The operator of a vessel that fishes in the EEZ is responsible 
for ensuring that fish on that vessel in the EEZ are maintained intact 
and, if taken from the EEZ, are maintained intact through offloading 
ashore, as specified in this section.



Sec. 622.11  Bag and possession limits--general applicability.

    This section describes the general applicability provisions for bag 
and possession limits specified in subparts B through V of this part.
    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups in or from the EEZ. Unless specified otherwise, 
bag limits apply to a person on a daily basis, regardless of the number 
of trips in a day. Unless specified otherwise, a person is limited to a 
single bag limit for a trip lasting longer than one calendar day. Unless 
specified otherwise, possession limits apply to a person on a trip after 
the first 24 hours of that trip. The bag and possession limits apply to 
a person who fishes in the EEZ in any manner, except a person aboard a 
vessel in the EEZ that has on board the commercial vessel permit 
required under this part

[[Page 245]]

for the appropriate species/species group. The possession of a 
commercial vessel permit notwithstanding, the bag and possession limits 
apply when the vessel is operating as a charter vessel or headboat. A 
person who fishes in the EEZ may not combine a bag limit specified in 
subparts B through V of this part with a bag or possession limit 
applicable to state waters. A species/species group subject to a bag 
limit specified in subparts B through V of this part taken in the EEZ by 
a person subject to the bag limits may not be transferred at sea, 
regardless of where such transfer takes place, and such fish may not be 
transferred in the EEZ. The operator of a vessel that fishes in the EEZ 
is responsible for ensuring that the bag and possession limits specified 
in subparts B through V of this part are not exceeded.
    (2) [Reserved]
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014]



Sec. 622.12  Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ.

    (a) If landings from a Caribbean island management area, as 
specified in Appendix E to this part, except for landings of queen conch 
(see Sec. 622.491(b)), or landings from the Caribbean EEZ for tilefish 
and aquarium trade species, are estimated by the SRD to have exceeded 
the applicable ACL, as specified in paragraph (a)(1) of this section for 
Puerto Rico management area species or species groups, paragraph (a)(2) 
of this section for St. Croix management area species or species groups, 
paragraph (a)(3) of this section for St. Thomas/St. John management area 
species or species groups, or paragraph (a)(4) of this section for the 
Caribbean EEZ, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year, to reduce the length of the fishing season for the applicable 
species or species groups that year by the amount necessary to ensure 
landings do not exceed the applicable ACL. If NMFS determines the ACL 
for a particular species or species group was exceeded because of 
enhanced data collection and monitoring efforts instead of an increase 
in total catch of the species or species group, NMFS will not reduce the 
length of the fishing season for the applicable species or species group 
the following fishing year. Landings will be evaluated relative to the 
applicable ACL based on a moving multi-year average of landings, as 
described in the FMP. With the exceptions of Caribbean queen conch in 
Puerto Rico and St. Thomas/St. John management areas, goliath grouper, 
Nassau grouper, midnight parrotfish, blue parrotfish, and rainbow 
parrotfish, ACLs are based on the combined Caribbean EEZ and territorial 
landings for each management area. The ACLs specified in paragraphs 
(a)(1), (a)(2), (a)(3), and (a)(4) of this section are given in round 
weight.
    (1) Puerto Rico--(i) Commercial ACLs. The following ACLs apply to 
commercial landings of Puerto Rico management area species or species 
groups.
    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--52,737 lb (23,915 kg).
    (C) Snapper Unit 1--284,685 lb (129,131 kg).
    (D) Snapper Unit 2--145,916 lb (66,186 kg).
    (E) Snapper Unit 3--345,775 lb (156,841 kg).
    (F) Snapper Unit 4--373,295 lb (169,324 kg).
    (G) Groupers--177,513 lb (80,519 kg).
    (H) Angelfish--8,984 lb (4,075 kg).
    (I) Boxfish--86,115 lb (39,061 kg).
    (J) Goatfishes--17,565 lb (7,967 kg).
    (K) Grunts--182,396 lb (82,733 kg).
    (L) Wrasses--54,147 lb (24,561 kg).
    (M) Jacks--86,059 lb (39,036 kg).
    (N) Scups and porgies, combined--24,739 lb (11,221 kg).
    (O) Squirrelfish--16,663 lb (7,558 kg).
    (P) Surgeonfish--7,179 lb (3,256 kg).
    (Q) Triggerfish and filefish, combined--58,475 lb (26,524 kg).
    (ii) Recreational ACLs. The following ACLs apply to recreational 
landings of Puerto Rico management area species or species groups.
    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--15,263 lb (6,921 kg).
    (C) Snapper Unit 1--95,526 lb (43,330 kg).

[[Page 246]]

    (D) Snapper Unit 2--34,810 lb (15,790 kg).
    (E) Snapper Unit 3--83,158 lb (37,720 kg).
    (F) Snapper Unit 4--28,509 lb (12,931 kg).
    (G) Groupers--77,213 lb (35,023 kg).
    (H) Angelfish--4,492 lb (2,038 kg).
    (I) Boxfish--4,616 lb (2,094 kg).
    (J) Goatfishes--362 lb (164 kg).
    (K) Grunts--5,028 lb (2,281 kg).
    (L) Wrasses--5,050 lb (2,291 kg).
    (M) Jacks--51,001 lb (23,134 kg).
    (N) Scups and porgies, combined--2,577 lb (1,169 kg).
    (O) Squirrelfish--3,891 lb (1,765 kg).
    (P) Surgeonfish--3,590 lb (1,628 kg).
    (Q) Triggerfish and filefish, combined--21,929 lb (9,947 kg).
    (iii) Spiny lobster. The following ACL applies to landings of spiny 
lobster throughout the Puerto Rico management area--327,920 lb (148,742 
kg).
    (2) St. Croix--(i) ACLs. The following ACLs apply to landings of St. 
Croix management area species or species groups.
    (A) Queen conch--50,000 lb (22,680 kg).
    (B) Parrotfishes--240,000 lb (108,863 kg).
    (C) Snappers--102,946 lb (46,696 kg).
    (D) Groupers--30,435 lb (13,805 kg).
    (E) Angelfish--305 lb (138 kg).
    (F) Boxfish--8,433 lb (3,825 kg).
    (G) Goatfishes--3,766 lb (1,708 kg).
    (H) Grunts--36,881 lb (16,729 kg).
    (I) Wrasses--7 lb (3 kg).
    (J) Jacks--15,489 lb (7,076 kg).
    (K) Scups and porgies, combined--4,638 lb (2,104 kg).
    (L) Squirrelfish--121 lb (55 kg).
    (M) Surgeonfish--33,603 lb (15,242 kg).
    (N) Triggerfish and filefish, combined--24,980 lb (11,331 kg).
    (O) Spiny lobster--107,307 lb (48,674 kg).
    (ii) [Reserved]
    (3) St. Thomas/St. John -- (i) ACLs. The following ACLs apply to 
landings of St. Thomas/St. John management area species or species 
groups.
    (A) Queen conch--0 lb (0 kg), for the EEZ only.
    (B) Parrotfishes--42,500 lb (19,278 kg).
    (C) Snappers--133,775 lb (60,679 kg).
    (D) Groupers--51,849 lb (23,518 kg).
    (E) Angelfish--7,897 lb (3,582 kg).
    (F) Boxfish--27,880 lb (12,646 kg).
    (G) Goatfishes--320 lb (145 kg).
    (H) Grunts--37,617 lb (17,063 kg).
    (I) Wrasses--585 lb (265 kg).
    (J) Jacks--52,907 lb (23,998 kg).
    (K) Scups and porgies, combined--21,819 lb (9,897 kg).
    (L) Squirrelfish--4,241 lb (1,924 kg).
    (M) Surgeonfish--29,249 lb (13,267 kg).
    (N) Triggerfish and filefish, combined--74,447 lb (33,769 kg).
    (O) Spiny lobster--104,199 lb (47,264 kg).
    (ii) [Reserved]
    (4) Caribbean EEZ-- (i) ACLs. The following ACLs apply to landings 
of species or species groups throughout the Caribbean EEZ.
    (A) Tilefish--14,642 lb (6,641 kg).
    (B) Aquarium trade species--8,155 lb (3,699 kg).
    (ii) [Reserved]
    (b) Closure provisions--(1) Restrictions applicable after a Puerto 
Rico closure. (i) Restrictions applicable after a Puerto Rico commercial 
closure, except for spiny lobster. During the closure period announced 
in the notification filed pursuant to paragraph (a)(1)(i) of this 
section, the commercial sector for species or species groups included in 
the notification is closed and such species or species groups in or from 
the Puerto Rico management area may not be purchased or sold. Harvest or 
possession of such species or species groups in or from the Puerto Rico 
management area is limited to the recreational bag and possession limits 
unless the recreational sector for the species or species group is 
closed and the restrictions specified in paragraph (b)(1)(iii) of this 
section apply.
    (ii) Restrictions applicable after a Puerto Rico recreational 
closure, except for spiny lobster. During the closure period announced 
in the notification filed pursuant to paragraph (a)(1)(ii) of this 
section, the recreational sector for species or species groups included 
in the notification is closed and the recreational bag and possession 
limits for such species or species groups in or from the Puerto Rico 
management area are zero. If the seasons for both the commercial and 
recreational sectors for such species or species groups are closed, the 
restrictions specified in paragraph (b)(1)(iii) of this section apply.
    (iii) Restrictions applicable when both Puerto Rico commercial and 
Puerto Rico recreational sectors are closed, except for spiny lobster. 
If the seasons for both the

[[Page 247]]

commercial and recreational sectors for a species or species group are 
closed, such species or species groups in or from the Puerto Rico 
management area may not be harvested, possessed, purchased, or sold, and 
the bag and possession limits for such species or species groups in or 
from the Puerto Rico management area are zero.
    (iv) Restrictions applicable after a spiny lobster closure in Puerto 
Rico. During the closure period announced in the notification filed 
pursuant to paragraph (a)(1)(iii) of this section, both the commercial 
and recreational sectors are closed. Spiny lobster in or from the Puerto 
Rico management area may not be harvested, possessed, purchased, or 
sold, and the bag and possession limits for spiny lobster in or from the 
Puerto Rico management area are zero.
    (2) Restrictions applicable after a St. Croix, St. Thomas/St. John, 
or Caribbean EEZ closure. During the closure period announced in the 
notification filed pursuant to paragraph (a)(2), (3), or (4) of this 
section, such species or species groups in or from the applicable 
management area of the Caribbean EEZ may not be harvested, possessed, 
purchased, or sold, and the bag and possession limits for such species 
or species groups in or from the applicable management area of the 
Caribbean EEZ are zero.

[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 29168, May 11, 2016]



Sec. 622.13  Prohibitions--general.

    In addition to the general prohibitions in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Engage in an activity for which a valid Federal permit, license, 
or endorsement is required under this part without such permit, license, 
or endorsement.
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified in 
this part.
    (c) Fail to display a permit, license, or endorsement, or other 
required identification, as specified in this part.
    (d) Falsify or fail to maintain, submit, or provide information or 
fail to comply with inspection requirements or restrictions, as 
specified in this part.
    (e) Fail to make a fish, or parts thereof, available for inspection, 
as specified in this part.
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in this part.
    (g) Harvest or possess fish if the required headboat reports have 
not been submitted in accordance with this part.
    (h) First receive fish from federally permitted vessels if the 
required reports have not been submitted in accordance with Sec. 
622.5(c).
    (i) Fail to comply with any requirement or restriction regarding ITQ 
coupons, as specified in Sec. 622.172.
    (j) Possess wreckfish as specified in Sec. 622.172, receive 
wreckfish except as specified in Sec. 622.172, or offload a wreckfish 
except as specified in Sec. 622.172.
    (k) Transfer--
    (1) A wreckfish, as specified in Sec. 622.172;
    (2) A limited-harvest species, as specified in this part;
    (3) A species/species group subject to a bag limit, as specified in 
this part;
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.188; or
    (5) A species subject to a commercial trip limit, as specified in 
this part.
    (l) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
this part.
    (m) Fish for, harvest, or possess a prohibited species, or a 
limited-harvest species in excess of its limitation, sell or purchase 
such species, fail to comply with release requirements, molest or strip 
eggs from a lobster, or possess a lobster, or part thereof, from which 
eggs, swimmerettes, or pleopids have been removed or stripped, as 
specified in this part.
    (n) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in this 
part or as may be specified under this part.

[[Page 248]]

    (o) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in this part.
    (p) Except as allowed for king and Spanish mackerel and Gulf of 
Mexico and South Atlantic spiny lobster, possess undersized fish, fail 
to release undersized fish, or sell or purchase undersized fish, as 
specified in this part.
    (q) Fail to maintain a fish intact through offloading ashore, as 
specified in this part.
    (r) Exceed a bag or possession limit, as specified in this part.
    (s) Fail to comply with the limitations on traps and pots, including 
but not limited to: Tending requirements, constructions requirements, 
and area specific restrictions, as specified in this part.
    (t) Fail to comply with the species-specific limitations, as 
specified in this part.
    (u) Fail to comply with the restrictions that apply after closure of 
a fishery, sector, or component of a fishery, as specified in this part.
    (v) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in this part.
    (w) Fail to comply with the restrictions on sale/purchase, as 
specified in this part.
    (x) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in this part.
    (y) Fail to comply with the requirements for observer coverage as 
specified in this part.
    (z) Assault, resist, oppose, impede, intimidate, or interfere with a 
NMFS-approved observer aboard a vessel.
    (aa) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (bb) Fish for or possess golden crab in or from a fishing zone or 
sub-zone of the South Atlantic EEZ other than the zone or sub-zone for 
which the vessel is permitted or authorized, as specified in Sec. 
622.241.
    (cc) Falsify information submitted regarding an application for 
testing a BRD or regarding testing of a BRD, as specified in Sec. Sec. 
622.53 and 622.207.
    (dd) Make a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
vessel monitoring system (VMS) unit or communication service provider.
    (ee) Operate or own a vessel that is required to have a permitted 
operator aboard when the vessel is at sea or offloading without such 
operator aboard, as specified in this part.
    (ff) When a vessel that is subject to Federal fishing regulations is 
at sea or offloading, own or operate such vessel with a person aboard 
whose operator permit is revoked, suspended, or modified.
    (gg) Fail to comply with any provision related to a vessel 
monitoring system (VMS) as specified in this part, including but not 
limited to, requirements for use, installation, activation, access to 
data, procedures related to interruption of VMS operation, and 
prohibitions on interference with the VMS.
    (hh) Fail to comply with the protected species conservation measure 
as specified in this part.
    (ii) Fail to comply with any provision related to the IFQ program 
for Gulf red snapper as specified in Sec. 622.21, or the IFQ program 
for Gulf groupers and tilefishes as specified in Sec. 622.22.
    (jj) Falsify any information required to be submitted regarding the 
IFQ program for Gulf red snapper as specified in Sec. 622.21, or the 
IFQ program for Gulf groupers and tilefishes as specified in Sec. 
622.22.
    (kk) Fail to comply with the Caribbean, Gulf of Mexico, and South 
Atlantic spiny lobster import prohibitions, as specified in this part.
    (ll) Possess a Gulf of Mexico or South Atlantic spiny lobster trap 
in the EEZ at a time not authorized, as specified in subpart R.
    (mm) Harvest or attempt to harvest a Gulf of Mexico or South 
Atlantic spiny lobster by diving without having and using in the water a 
measuring device, as specified in subpart R.
    (nn) Possess Gulf of Mexico or South Atlantic spiny lobsters aboard 
a vessel that uses or has on board a net or trawl

[[Page 249]]

in an amount exceeding the limits, as specified in subpart R.
    (oo) Operate a vessel that fishes for or possesses Gulf of Mexico or 
South Atlantic spiny lobster in or from the EEZ with spiny lobster 
aboard in an amount exceeding the cumulative bag and possession limit, 
as specified in subpart R.
    (pp) Fail to comply with any provision related to the Offshore 
Marine Aquaculture program in the Gulf of Mexico as specified in this 
part.
    (qq) Falsify any information required to be submitted regarding the 
Offshore Marine Aquaculture program in the Gulf of Mexico as specified 
in this part.
    (rr) Land allowable aquaculture species cultured in the Gulf at non-
U.S. ports, unless first landed at a U.S. port.
    (ss) Fail to comply with any other requirement or restriction 
specified in this part or violate any provision(s) in this part.

[78 FR 57535, Sept. 19, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 
79 FR 6099, Feb. 3, 2014; 79 FR 19494, Apr. 9, 2014; 81 FR 1792, Jan. 
13, 2016]



Sec. 622.14  [Reserved]



Sec. 622.15  Notice regarding area closures to protect corals.

    See Sec. Sec. 622.74 and 622.224, respectively, regarding coral 
protective restrictions in the Gulf EEZ and South Atlantic EEZ that 
apply broadly to multiple fisheries and gear types.



Sec. 622.16  Notice regarding South Atlantic special management zones
(SMZs).

    See Sec. Sec. 622.182(a) and 622.382(a)(1)(v), respectively, 
regarding fishing and gear restrictions in South Atlantic SMZs that 
apply to snapper-grouper and coastal migratory pelagic fisheries and 
broadly to gear types of multiple fisheries.



Sec. 622.17  Notice regarding seasonal/area closures to protect
Gulf reef fish.

    See Sec. 622.34, paragraphs (a)(1) and (a)(3) through (6), 
regarding Gulf reef fish protective restrictions in the Gulf EEZ that 
apply broadly to multiple Gulf fisheries and gear types.



           Subpart B_Reef Fish Resources of the Gulf of Mexico



Sec. 622.20  Permits and endorsements.

    (a) Commercial vessels--(1) Commercial vessel permits. For a person 
aboard a vessel to be eligible for exemption from the bag limits, to 
fish under a quota, as specified in Sec. 622.39, or to sell Gulf reef 
fish in or from the Gulf EEZ, a commercial vessel permit for Gulf reef 
fish must have been issued to the vessel and must be on board. If 
Federal regulations for Gulf reef fish in subparts A or B of this part 
are more restrictive than state regulations, a person aboard a vessel 
for which a commercial vessel permit for Gulf reef fish has been issued 
must comply with such Federal regulations regardless of where the fish 
are harvested. See paragraph (a)(1)(i) of this section regarding a 
limited access system for commercial vessel permits for Gulf reef fish. 
See Sec. Sec. 622.21(b)(1) and 622.22(b)(1), respectively, regarding an 
IFQ vessel account required to fish for, possess, or land Gulf red 
snapper or Gulf groupers and tilefishes and paragraph (a)(2) of this 
section regarding an additional bottom longline endorsement required to 
fish for Gulf reef fish with bottom longline gear in a portion of the 
eastern Gulf.
    (i) Limited access system for commercial vessel permits for Gulf 
reef fish. (A) No applications for additional commercial vessel permits 
for Gulf reef fish will be accepted. Existing vessel permits may be 
renewed, are subject to the restriction on transfer in paragraph 
(a)(1)(i)(B) of this section, and are subject to the requirement for 
timely renewal in paragraph (a)(1)(i)(C) of this section. An application 
for renewal or transfer of a commercial vessel permit for Gulf reef fish 
will not be considered complete until proof of purchase, installation, 
activation, and operational status of an approved VMS for the vessel 
receiving the permit has been verified by NMFS VMS personnel.
    (B) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity. A permit holder may also transfer the commercial vessel permit 
for Gulf reef fish to the owner of another vessel or to a new

[[Page 250]]

vessel owner when he or she transfers ownership of the permitted vessel.
    (C) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by the 
RA within 1 year of the expiration date of the permit.
    (ii) Option to consolidate commercial vessel permits for Gulf reef 
fish. A person who has been issued multiple commercial vessel permits 
for Gulf reef fish and wants to consolidate some or all of those 
permits, and the landings histories associated with those permits, into 
one permit must submit a completed permit consolidation application to 
the RA. The permits consolidated must be valid, non-expired permits and 
must be issued to the same entity. The application form and instructions 
are available online at sero.nmfs.noaa.gov. After consolidation, such a 
person would have a single permit, and the permits that were 
consolidated into that permit will be permanently terminated.
    (2) Commercial vessel endorsements--(i) Eastern Gulf reef fish 
bottom longline endorsement. For a person aboard a vessel, for which a 
valid commercial vessel permit for Gulf reef fish has been issued, to 
use a bottom longline for Gulf reef fish in the Gulf EEZ east of 
85 deg.30' W. long., a valid eastern Gulf reef fish bottom longline 
endorsement must have been issued to the vessel and must be on board. A 
permit or endorsement that has expired is not valid. This endorsement 
must be renewed annually and may only be renewed if the associated 
vessel has a valid commercial vessel permit for Gulf reef fish or if the 
endorsement and associated permit are being concurrently renewed. The RA 
will not reissue this endorsement if the endorsement is revoked or if 
the RA does not receive a complete application for renewal of the 
endorsement within 1 year after the endorsement's expiration date.
    (A) Transferability. An owner of a vessel with a valid eastern Gulf 
reef fish bottom longline endorsement may transfer that endorsement to 
an owner of a vessel that has a valid commercial vessel permit for Gulf 
reef fish.
    (B) Fees. A fee is charged for each renewal, transfer, or 
replacement of an eastern Gulf reef fish bottom longline endorsement. 
The amount of each fee is calculated in accordance with the procedures 
of the NOAA Finance Handbook, available from the RA, for determining the 
administrative costs of each special product or service. The fee may not 
exceed such costs and is specified with each application form. The 
appropriate fee must accompany each application for renewal, transfer, 
or replacement.
    (ii) [Reserved]
    (b) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or possess 
Gulf reef fish, in or from the EEZ, a valid charter vessel/headboat 
permit for Gulf reef fish must have been issued to the vessel and must 
be on board.
    (1) Limited access system for charter vessel/headboat permits for 
Gulf reef fish. No applications for additional charter vessel/headboat 
permits for Gulf reef fish will be accepted. Existing permits may be 
renewed, are subject to the restrictions on transfer in paragraph 
(b)(1)(i) of this section, and are subject to the renewal requirements 
in paragraph (b)(1)(ii) of this section.
    (i) Transfer of permits--(A) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf reef fish that 
does not have a historical captain endorsement is fully transferable, 
with or without sale of the permitted vessel.
    (B) Permits with a historical captain endorsement. A charter vessel/
headboat permit for Gulf reef fish that has a historical captain 
endorsement may only be transferred to a vessel operated by the 
historical captain and is not otherwise transferable.
    (C) Procedure for permit transfer. To request that the RA transfer a 
charter vessel/headboat permit for Gulf reef fish, the owner of the 
vessel who is transferring the permit and the owner of the vessel that 
is to receive the transferred permit must complete the transfer 
information on the reverse side of the permit and return the permit and 
a completed application for transfer to the RA. See Sec. 622.4(f) for 
additional transfer-related requirements

[[Page 251]]

applicable to all permits issued under this part.
    (ii) Renewal. (A) Renewal of a charter vessel/headboat permit for 
Gulf reef fish is contingent upon the permitted vessel and/or captain, 
as appropriate, being included in an active survey frame for, and, if 
selected to report, providing the information required in one of the 
approved fishing data surveys. Surveys include, but are not limited to--
    (1) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey (conducted by the Gulf States Marine Fisheries Commission);
    (2) NMFS' Southeast Headboat Survey (as required by Sec. 
622.26(b)(1));
    (3) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
    (4) A data collection system that replaces one or more of the 
surveys in paragraph (b)(1)(ii)(A),(1),(2), or (3) of this section.
    (B) A charter vessel/headboat permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal, as required, is not 
received by the RA within 1 year of the expiration date of the permit.
    (iii) Requirement to display a vessel decal. Upon renewal or 
transfer of a charter vessel/headboat permit for Gulf reef fish, the RA 
will issue the owner of the permitted vessel a vessel decal for Gulf 
reef fish. The vessel decal must be displayed on the port side of the 
deckhouse or hull and must be maintained so that it is clearly visible.
    (iv) Passenger capacity compliance requirement. A vessel operating 
as a charter vessel or headboat with a valid charter vessel/headboat 
permit for Gulf reef fish, which is carrying more passengers on board 
the vessel than is specified on the permit, is prohibited from 
harvesting or possessing the species identified on the permit.
    (2) A charter vessel or headboat may have both a charter vessel/
headboat permit and a commercial vessel permit. However, when a vessel 
is operating as a charter vessel or headboat, a person aboard must 
adhere to the bag limits. See the definitions of ``Charter vessel'' and 
``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (3) If Federal regulations for Gulf reef fish in subparts A or B of 
this part are more restrictive than state regulations, a person aboard a 
charter vessel or headboat for which a charter vessel/headboat permit 
for Gulf reef fish has been issued must comply with such Federal 
regulations regardless of where the fish are harvested.
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Gulf reef fish harvested in or from the EEZ, a Gulf and 
South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit or endorsement, the applicant must have a valid state 
wholesaler's license in the state(s) where the dealer operates, if 
required by such state(s), and must have a physical facility at a fixed 
location in such state(s).
    (d) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended 78 FR 46293, July 31, 2013; 79 
FR 19494, Apr. 9, 2014]



Sec. 622.21  Individual fishing quota (IFQ) program for Gulf red
snapper.

    (a) General. This section establishes an IFQ program for the 
commercial red snapper component of the Gulf reef fish fishery. Shares 
determine the amount of Gulf red snapper IFQ allocation, in pounds 
gutted weight, a shareholder is initially authorized to possess, land, 
or sell in a given calendar year. As of January 1, 2012, IFQ shares and 
allocation can only be transferred to U.S. citizens and permanent 
resident aliens. See paragraph (b)(11) of this section regarding 
eligibility to participate in the Gulf red snapper IFQ program as of 
January 1, 2012. Shares and annual IFQ allocation are transferable. See 
paragraph (b)(1) of this section regarding a requirement for a vessel 
landing red snapper subject to this IFQ program to have a Gulf red 
snapper IFQ vessel account. See paragraph (b)(2) of this section 
regarding a requirement for a Gulf IFQ dealer endorsement. Details 
regarding eligibility, applicable landings

[[Page 252]]

history, account setup and transaction requirements, constraints on 
transferability, and other provisions of this IFQ system are provided in 
the following paragraphs of this section.
    (1) Scope. The provisions of this section regarding the harvest and 
possession of Gulf IFQ red snapper apply to Gulf red snapper in or from 
the Gulf EEZ and, for a person aboard a vessel with a Gulf red snapper 
IFQ vessel account as required by paragraph (b)(1) of this section or 
for a person with a Gulf IFQ dealer endorsement as required by paragraph 
(b)(2) of this section, these provisions apply to Gulf red snapper 
regardless of where harvested or possessed.
    (2) Duration. The IFQ program established by this section will 
remain in effect until it is modified or terminated; however, the 
program will be evaluated by the Gulf of Mexico Fishery Management 
Council every 5 years.
    (3) Electronic system requirements. (i) The administrative functions 
associated with this IFQ program, e.g., registration and account setup, 
landing transactions, and transfers, are designed to be accomplished 
online; therefore, a participant must have access to a computer and 
Internet access and must set up an appropriate IFQ account to 
participate. The computer must have browser software installed, e.g., 
Internet Explorer or Mozilla Firefox; as well as the software Adobe 
Flash Player version 9.0 or greater, which may be downloaded from the 
Internet for free. Assistance with online functions is available from 
IFQ Customer Service by calling 1-866-425-7627 Monday through Friday 
between 8 a.m. and 4:30 p.m. eastern time.
    (ii) The RA mailed initial shareholders and dealers with Gulf reef 
fish dealer permits information and instructions pertinent to setting up 
an IFQ account. Other eligible persons who desire to become IFQ 
participants by purchasing IFQ shares or allocation or by obtaining a 
Gulf red snapper IFQ dealer endorsement must first contact IFQ Customer 
Service at 1-866-425-7627 to obtain information necessary to set up the 
required IFQ account. As of January 1, 2012, all U.S. citizens and 
permanent resident aliens are eligible to establish an IFQ account. As 
of January 1, 2012, all current IFQ participants must complete and 
submit the application for an IFQ Account to certify their citizenship 
status and ensure their account information (e.g., mailing address, 
corporate shareholdings, etc.) is up to date. See Sec. 622.21(b)(11) 
regarding requirements for the application for an IFQ Account. Each IFQ 
participant must monitor his/her online account and all associated 
messages and comply with all IFQ online reporting requirements.
    (iii) During catastrophic conditions only, the IFQ program provides 
for use of paper-based components for basic required functions as a 
backup. The RA will determine when catastrophic conditions exist, the 
duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. The 
RA will provide timely notice to affected participants via publication 
of notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the affected 
participants' use of paper-based components for the duration of the 
catastrophic conditions. NMFS will provide each IFQ dealer the necessary 
paper forms, sequentially coded, and instructions for submission of the 
forms to the RA. The paper forms will also be available from the RA. The 
program functions available to participants or geographic areas deemed 
affected by catastrophic conditions will be limited under the paper-
based system. There will be no mechanism for transfers of IFQ shares or 
allocation under the paper-based system in effect during catastrophic 
conditions. Assistance in complying with the requirements of the paper-
based system will be available via IFQ Customer Service 1-866-425-7627 
Monday through Friday between 8 a.m. and 4:30 p.m. eastern time.
    (4) IFQ allocation. IFQ allocation is the amount of Gulf red 
snapper, in pounds gutted weight, an IFQ shareholder or allocation 
holder is authorized to possess, land, or sell during a given fishing 
year. IFQ allocation is derived at the beginning of each year by 
multiplying a shareholder's IFQ share times the annual commercial quota 
for

[[Page 253]]

Gulf red snapper. If the quota is increased after the beginning of the 
fishing year, then IFQ allocation is derived by multiplying a 
shareholder's IFQ share at the time of the quota increase by the amount 
the annual commercial quota for red snapper is increased.
    (5) Closing an IFQ account. IFQ account holders may close an IFQ 
account by completing and submitting a Close IFQ Account Request Form to 
NMFS. This form must be signed by an account holder named on the IFQ 
account. If the request to close an IFQ account is being made because 
the sole account holder is deceased, the person requesting the closure 
must sign the Close IFQ Account Request Form, indicating the 
relationship to the deceased, provide a death certificate, and provide 
any additional information NMFS determines is necessary to complete the 
request. IFQ shareholder accounts may not be closed until all shares and 
allocation have been transferred from the account to another IFQ account 
holder. Dealer accounts may not be closed until all cost recovery fees 
have been received by NMFS. NMFS' IFQ Customer Service staff may close 
an IFQ account if all shares and allocation have been transferred from 
the account, all cost recovery fees have been received by NMFS, and no 
landing transactions or IFQ transfers have been completed by the IFQ 
account holder in at least 1 year. If an account is closed by NMFS' IFQ 
Customer Service staff, it may be reopened at the request of the IFQ 
account holder by contacting IFQ Customer Service.
    (b) IFQ operations and requirements--(1) IFQ vessel accounts for 
Gulf red snapper. For a person aboard a vessel, for which a commercial 
vessel permit for Gulf reef fish has been issued, to fish for, possess, 
or land Gulf red snapper, regardless of where harvested or possessed, a 
Gulf IFQ vessel account for Gulf red snapper must have been established. 
As a condition of the IFQ vessel account, a person aboard such vessel 
must comply with the requirements of this section, Sec. 622.21, when 
fishing for red snapper regardless of where the fish are harvested or 
possessed. An owner of a vessel with a commercial vessel permit for Gulf 
reef fish, who has established an IFQ account for Gulf red snapper as 
specified in paragraph (a)(3)(i) of this section, online via the NMFS 
IFQ Web site https://portal.southeast.fisheries.noaa.gov/cs/main.html, 
may establish a vessel account through that IFQ account for that 
permitted vessel. If such owner does not have an online IFQ account, the 
owner must first contact IFQ Customer Service at 1-866-425-7627 to 
obtain information necessary to access the IFQ Web site and establish an 
online IFQ account. There is no fee to set-up an IFQ account or a vessel 
account. Only one vessel account may be established per vessel under 
each IFQ program. An owner with multiple vessels may establish multiple 
vessel accounts under each IFQ account. The purpose of the vessel 
account is to hold IFQ allocation that is required to land the 
applicable IFQ species. A vessel account, or its linked IFQ shareholder 
account, must hold sufficient IFQ allocation, at least equal to the 
pounds in gutted weight of the red snapper on board at the time of 
advance notice of landing. Allocation must be transferred to the vessel 
account, so that the vessel account holds sufficient IFQ allocation at 
the time of the landing transaction (except for any overage allowed as 
specified in paragraph (b)(3)(ii) of this section). The vessel account 
remains valid as long as the vessel permit remains valid; the vessel has 
not been sold or transferred; and the vessel owner is in compliance with 
all Gulf reef fish and IFQ reporting requirements, has paid all 
applicable IFQ fees, and is not subject to sanctions under 15 CFR part 
904. The vessel account is not transferable to another vessel. The 
provisions of this paragraph do not apply to fishing for or possession 
of Gulf red snapper under the bag limit specified in Sec. 622.38(b)3).
    (2) Gulf IFQ dealer endorsements. In addition to the requirement for 
a Gulf and South Atlantic dealer permit as specified in Sec. 
622.20(c)(1), for a dealer to first receive red snapper subject to the 
IFQ program for Gulf red snapper, as specified in paragraph (a)(1) of 
this section, or for a person aboard a vessel with a Gulf IFQ vessel 
account to sell such red snapper directly to an entity other than a 
dealer, such persons must

[[Page 254]]

also have a Gulf IFQ dealer endorsement. A dealer with a Gulf and South 
Atlantic dealer permit can download a Gulf IFQ dealer endorsement from 
the NMFS IFQ Web site. If such persons do not have an IFQ account, they 
must first contact IFQ Customer Service at 1-866-425-7627 to obtain 
information necessary to access the IFQ Web site and establish an IFQ 
account. There is no fee for obtaining this endorsement. The endorsement 
remains valid as long as the Gulf and South Atlantic dealer permit 
remains valid and the dealer is in compliance with all Gulf reef fish 
and IFQ reporting requirements, has paid all IFQ fees required, and is 
not subject to any sanctions under 15 CFR part 904. The endorsement is 
not transferable.
    (3) IFQ Landing and transaction requirements. (i) At the time of 
advance notice of landing, the IFQ vessel account, or its linked IFQ 
shareholder account, must contain allocation at least equal to the 
pounds in gutted weight of red snapper to be landed, except as provided 
in paragraph (b)(3)(ii) of this section. At the time of the landing 
transaction, the IFQ vessel account must contain allocation at least 
equal to the pounds in gutted weight of red snapper to be landed, except 
as provided in paragraph (b)(3)(ii) of this section. Such red snapper 
must be sold and can be received only by a dealer who has a valid Gulf 
IFQ dealer endorsement and an active IFQ dealer account (i.e., not in 
delinquent status). All IFQ landings and their actual ex-vessel prices 
must be reported via the IFQ Web site.
    (ii) A person on board a vessel with an IFQ vessel account landing 
the shareholder's only remaining allocation, can legally exceed, by up 
to 10 percent, the shareholder's allocation remaining on that last 
fishing trip of the fishing year, i.e., a one-time per fishing year 
overage. Any such overage will be deducted from the shareholder's 
applicable allocation for the subsequent fishing year. From the time of 
the overage until January 1 of the subsequent fishing year, the IFQ 
shareholder must retain sufficient shares to account for the allocation 
that will be deducted the subsequent fishing year. Share transfers that 
would violate this requirement will be prohibited.
    (iii) The dealer must complete a landing transaction report for each 
landing of Gulf red snapper via the IFQ Web site on the day of offload, 
except if the fish are being trailered for transport to a dealer as 
specified in paragraph (b)(5)(iv) of this section (in which case the 
landing transaction report may be completed prior to the day of 
offload), and within 96 hours from the time of landing reported on the 
most recent landing notification, in accordance with the reporting 
form(s) and instructions provided on the Web site. This report includes 
date, time, and location of transaction; weight and actual ex-vessel 
price of red snapper landed and sold (when calculating the weight of IFQ 
red snapper during a landing transaction, ice and water weight may not 
be deducted from the weight of the fish unless the actual weight of the 
ice and water can be determined); and information necessary to identify 
the fisherman, vessel, and dealer involved in the transaction. The 
fisherman must validate the dealer transaction report by entering his 
unique PIN when the transaction report is submitted. After the dealer 
submits the report and the information has been verified, the Web site 
will send a transaction approval code to the dealer and the allocation 
holder.
    (iv) If there is a discrepancy regarding the landing transaction 
report after approval, the dealer or vessel account holder (or his or 
her authorized agent) must initiate a landing transaction correction 
form to correct the landing transaction. This form is available via the 
IFQ Web site. The dealer must then print out the form, both parties must 
sign it, and the form must be mailed to NMFS. The form must be received 
by NMFS no later than 15 days after the date of the initial landing 
transaction.
    (4) IFQ cost recovery fees. As required by section 304(d)(2)(A)(i) 
of the Magnuson-Stevens Act, the RA will collect a fee to recover the 
actual costs directly related to the management and enforcement of the 
Gulf red snapper IFQ program. The fee cannot exceed 3 percent of the ex-
vessel value of Gulf red snapper landed under the IFQ program as 
described in the Magnuson-Stevens Act. Such fees will be deposited in 
the

[[Page 255]]

Limited Access System Administration Fund (LASAF). Initially, the fee 
will be 3 percent of the actual ex-vessel price of Gulf red snapper 
landed per trip under the IFQ program, as documented in each landings 
transaction report. The RA will review the cost recovery fee annually to 
determine if adjustment is warranted. Factors considered in the review 
include the catch subject to the IFQ cost recovery, projected ex-vessel 
value of the catch, costs directly related to the management and 
enforcement of the IFQ program, the projected IFQ balance in the LASAF, 
and expected non-payment of fee liabilities. If the RA determines that a 
fee adjustment is warranted, the RA will publish a notification of the 
fee adjustment in the Federal Register.
    (i) Payment responsibility. The IFQ allocation holder specified in 
the documented red snapper IFQ landing transaction report is responsible 
for payment of the applicable cost recovery fees.
    (ii) Collection and submission responsibility. A dealer who receives 
Gulf red snapper subject to the IFQ program is responsible for 
collecting the applicable cost recovery fee for each IFQ landing from 
the IFQ allocation holder specified in the IFQ landing transaction 
report. Such dealer is responsible for submitting all applicable cost 
recovery fees to NMFS on a quarterly basis. The fees are due and must be 
submitted, using pay.gov via the IFQ system at the end of each calendar-
year quarter, but no later than 30 days after the end of each calendar-
year quarter. Fees not received by the deadline are delinquent.
    (iii) Fee payment procedure. For each IFQ dealer, the IFQ system 
will post, on individual message boards, an end-of-quarter statement of 
cost recovery fees that are due. The dealer is responsible for 
submitting the cost recovery fee payments using pay.gov via the IFQ 
system. Authorized payments methods are credit card, debit card, or 
automated clearing house (ACH). Payment by check will be authorized only 
if the RA has determined that the geographical area or an individual(s) 
is affected by catastrophic conditions.
    (iv) Fee reconciliation process--delinquent fees. The following 
procedures apply to an IFQ dealer whose cost recovery fees are 
delinquent.
    (A) On or about the 31st day after the end of each calendar-year 
quarter, the RA will send the dealer an electronic message via the IFQ 
Web site and official notice via mail indicating the applicable fees are 
delinquent, and the dealer's IFQ account has been suspended pending 
payment of the applicable fees.
    (B) On or about the 91st day after the end of each calendar-year 
quarter, the RA will refer any delinquent IFQ dealer cost recovery fees 
to the appropriate authorities for collection of payment.
    (5) Measures to enhance IFQ program enforceability--(i) Advance 
notice of landing--(A) General requirement. For the purpose of this 
paragraph, landing means to arrive at a dock, berth, beach, seawall, or 
ramp. The owner or operator of a vessel landing IFQ red snapper is 
responsible for ensuring that NMFS is contacted at least 3 hours, but no 
more than 24 hours, in advance of landing to report the time and 
location of landing, estimated red snapper landings in pounds gutted 
weight, vessel identification number (Coast Guard registration number or 
state registration number), and the name and address of the IFQ 
dealer(s) where the red snapper are to be received. The vessel must land 
within 1 hour after the time given in the landing notification except as 
provided in paragraph (b)(5)(i)(C) of this section. The vessel landing 
red snapper must have sufficient IFQ allocation in the IFQ vessel 
account, or its linked IFQ shareholder account, at least equal to the 
pounds in gutted weight of all red snapper on board (except for any 
overage up to the 10 percent allowed on the last fishing trip) at the 
time of the advance notice of landing.
    (B) Submitting an advanced landing notification. Authorized methods 
for contacting NMFS and submitting the report include calling IFQ 
Customer Service at 1-866-425-7627, completing and submitting to NMFS a 
landing notification provided through the VMS unit, or providing the 
required information to NMFS through the web-

[[Page 256]]

based form available on the IFQ Web site.
    (C) Landing prior to the notification time. The owner or operator of 
a vessel that has completed a landing notification and submitted it to 
NMFS may land prior to the notification time, only if an authorized 
officer is present at the landing site, is available to meet the vessel, 
and has authorized the owner or operator of the vessel to land early.
    (D) Changes to a landing notification. The owner or operator of a 
vessel who has submitted a landing notification to NMFS may make changes 
to the notification by submitting a superseding notification. If the 
initial superseding notification makes changes to one or more of the 
following: the time of landing (if landing more than 1 hour after the 
time on the notification), the dealer(s), or the estimated weights of 
fish to be landed, the vessel does not need to wait an additional 3 
hours to land. If the initial superseding notification makes changes to 
the landing location, the time of landing is earlier than previously 
specified, or more than one superseding notification is submitted on a 
trip, the vessel must wait an additional 3 hours to land, except as 
provided in paragraph (b)(5)(i)(C) of this section.
    (ii) Time restriction on offloading. For the purpose of this 
paragraph, offloading means to remove IFQ red snapper from a vessel. IFQ 
red snapper may be offloaded only between 6 a.m. and 6 p.m., local time, 
unless an authorized officer is present at the offloading at 6 p.m., is 
available to remain at the site while offloading continues, and 
authorizes the owner or operator of the vessel to continue offloading 
after 6 p.m., local time.
    (iii) Restrictions on transfer of IFQ red snapper. At-sea or 
dockside transfer of IFQ red snapper from one vessel to another vessel 
is prohibited.
    (iv) Requirement for transaction approval code. If IFQ red snapper 
are offloaded to a vehicle for transport or are on a vessel that is 
trailered for transport, on-site capability to accurately weigh the fish 
and to connect electronically to the online IFQ system to complete the 
transaction and obtain the transaction approval code is required. After 
a landing transaction has been completed, a transaction approval code 
verifying a legal transaction of the amount of IFQ red snapper in 
possession and a copy of the dealer endorsement must accompany any IFQ 
red snapper from the landing location through possession by a dealer. 
This requirement also applies to IFQ red snapper possessed on a vessel 
that is trailered for transport. A dealer may only receive IFQ red 
snapper transported by a vehicle or a trailered vessel that has a 
corresponding transaction approval code.
    (v) Approved landing locations. IFQ red snapper must be landed at an 
approved landing location. Landing locations must be approved by NMFS 
Office for Law Enforcement prior to a vessel landing IFQ red snapper at 
these sites. Proposed landing locations may be submitted online via the 
IFQ Web site, or by calling IFQ Customer Service at 1-866-425-7627, at 
any time; however, new landing locations will be approved only at the 
end of each calendar-year quarter. To have a landing location approved 
by the end of the calendar-year quarter, it must be submitted at least 
45 days before the end of the calendar-year quarter. NMFS will evaluate 
the proposed sites based on, but not limited to, the following criteria:
    (A) Landing locations must have a street address. If there is no 
street address on record for a particular landing location, global 
positioning system (GPS) coordinates for an identifiable geographic 
location must be provided.
    (B) Landing locations must be publicly accessible by land and water, 
and must satisfy the following criteria:
    (1) Vehicles must have access to the site via public roads;
    (2) Vessels must have access to the site via navigable waters;
    (3) No other condition may impede free and immediate access to the 
site by an authorized law enforcement officer. Examples of such 
conditions include, but are not limited to: A locked gate, fence, wall, 
or other barrier preventing 24-hour access to the site; a gated 
community entry point; a guard animal; a posted sign restricting access 
to the site; or any other physical deterrent.

[[Page 257]]

    (6) Transfer of IFQ shares and allocation. Until January 1, 2012, 
IFQ shares and allocations can be transferred only to a person who holds 
a valid commercial vessel permit for Gulf reef fish; thereafter, IFQ 
shares and allocations can be transferred only to a U.S. citizen or 
permanent resident alien. However, a valid commercial permit for Gulf 
reef fish, a Gulf red snapper IFQ vessel account, and Gulf red snapper 
IFQ allocation are required to possess (at and after the time of the 
advance notice of landing), land or sell Gulf red snapper subject to 
this IFQ program.
    (i) Share transfers. Share transfers are permanent, i.e., they 
remain in effect until subsequently transferred. Transfer of shares will 
result in the corresponding allocation being automatically transferred 
to the person receiving the transferred share beginning with the fishing 
year following the year the transfer occurred. However, within the 
fishing year the share transfer occurs, transfer of shares and 
associated allocation are independent--unless the associated allocation 
is transferred separately, it remains with the transferor for the 
duration of that fishing year. A share transfer transaction that remains 
in pending status, i.e., has not been completed and verified with a 
transaction approval code, after 30 days from the date the shareholder 
initiated the transfer will be cancelled, and the pending shares will be 
re-credited to the shareholder who initiated the transfer.
    (ii) Share transfer procedures. Share transfers must be accomplished 
online via the IFQ Web site. An IFQ shareholder must initiate a share 
transfer request by logging onto the IFQ Web site. Following the 
instructions provided on the IFQ Web site, the shareholder must enter 
pertinent information regarding the transfer request including, but not 
limited to, amount of shares to be transferred, which must be a minimum 
of 0.000001 percent; name of the eligible transferee; and the value of 
the transferred shares. An IFQ shareholder who is subject to a sanction 
under 15 CFR part 904 is prohibited from initiating a share transfer. An 
IFQ shareholder who is subject to a pending sanction under 15 CFR part 
904 must disclose in writing to the prospective transferee the existence 
of any pending sanction at the time of the transfer. For the first 5 
years this IFQ program is in effect, an eligible transferee is a person 
who has a valid commercial vessel permit for Gulf reef fish; is in 
compliance with all reporting requirements for the Gulf reef fish 
fishery and the red snapper IFQ program; is not subject to sanctions 
under 15 CFR part 904; and who would not be in violation of the share 
cap as specified in paragraph (b)(8) of this section. Thereafter, share 
transferee eligibility will only include U.S. citizens and permanent 
resident aliens who are otherwise in compliance with the provisions of 
this section. The online system will verify the transfer information 
entered. If the information is not accepted, the online system will send 
the shareholder an electronic message explaining the reason(s) why the 
transfer request cannot be completed. If the information is accepted, 
the online system will send the transferee an electronic message of the 
pending transfer. The transferee must approve the share transfer by 
electronic signature. If the transferee approves the share transfer, the 
online system will send a transaction approval code to both the 
transferor and transferee confirming the transaction. All share 
transfers must be completed and the transaction approval code received 
prior to December 31 at 6 p.m. eastern time each year.
    (iii) Allocation transfers. An allocation transfer is valid only for 
the remainder of the fishing year in which it occurs; it does not carry 
over to the subsequent fishing year. Any allocation that is unused at 
the end of the fishing year is void. Allocation may be transferred to a 
vessel account from any IFQ account. Allocation held in a vessel 
account, however, may only be transferred back to the IFQ account 
through which the vessel account was established.
    (iv) Allocation transfer procedures. Allocation transfers must be 
accomplished online via the IFQ Web site. An IFQ account holder must 
initiate an allocation transfer by logging onto the IFQ Web site, 
entering the required information, including but not limited to, name of 
an eligible transferee and

[[Page 258]]

amount of IFQ allocation to be transferred and price, and submitting the 
transfer electronically. An IFQ allocation holder who is subject to a 
sanction under 15 CFR part 904 is prohibited from initiating an 
allocation transfer. An IFQ allocation holder who is subject to a 
pending sanction under 15 CFR part 904 must disclose in writing to the 
prospective transferee the existence of any pending sanction at the time 
of the transfer. If the transfer is approved, the online system will 
provide a transaction approval code to the transferor and transferee 
confirming the transaction.
    (7) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 31 
at 6 p.m. eastern time each year. Electronic IFQ functions will resume 
again on January 1 at 2 p.m. eastern time the following fishing year. 
The remaining 6 hours prior to the end of the fishing year, and the 14 
hours at the beginning of the next fishing year, are necessary to 
provide NMFS time to reconcile IFQ accounts, adjust allocations for the 
upcoming year if the commercial quotas for Gulf red snapper have 
changed, and update shares and allocations for the upcoming fishing 
year. No electronic IFQ transactions will be available during these 20 
hours. An advance notice of landing may still be submitted during the 
20-hour maintenance window by using the vessel's VMS unit or calling IFQ 
Customer Service at 1-866-425-7627.
    (8) IFQ share cap. No person, including a corporation or other 
entity, may individually or collectively hold IFQ shares in excess of 
6.0203 percent of the total shares. For the purposes of considering the 
share cap, a corporation's total IFQ share is determined by adding the 
applicable IFQ shares held by the corporation and any other IFQ shares 
held by a corporation(s) owned by the original corporation prorated 
based on the level of ownership. An individual's total IFQ share is 
determined by adding the applicable IFQ shares held by the individual 
and the applicable IFQ shares equivalent to the corporate share the 
individual holds in a corporation. Initially, a corporation must provide 
the RA the identity of the shareholders of the corporation and their 
percent of shares in the corporation, and provide updated information to 
the RA within 30 days of when changes occur. This information must also 
be provided to the RA any time a commercial vessel permit for Gulf reef 
fish is renewed or transferred and at the time of renewal of the 
application for an IFQ Account.
    (9) Redistribution of shares resulting from permanent revocation. If 
a shareholder's IFQ shares have been permanently revoked, the RA will 
redistribute the IFQ shares held by that shareholder proportionately 
among remaining shareholders (subject to cap restrictions) based upon 
the amount of shares each held just prior to the redistribution. During 
December of each year, the RA will determine the amount of revoked 
shares, if any, to be redistributed, and the shares will be distributed 
at the beginning of the subsequent fishing year.
    (10) Annual recalculation and notification of IFQ shares and 
allocation. On or about January 1 each year, IFQ shareholders will be 
notified, via the IFQ Web site, of their IFQ share and allocation for 
the upcoming fishing year. These updated share values will reflect the 
results of applicable share transfers and any redistribution of shares 
(subject to cap restrictions) resulting from permanent revocation of 
applicable shares. Updated allocation values will reflect any change in 
IFQ share, any change in the annual commercial quota for Gulf red 
snapper, and any debits required as a result of prior fishing year 
overages as specified in paragraph (b)(3)(ii) of this section. IFQ 
participants can monitor the status of their shares and allocation 
throughout the year via the IFQ Web site.
    (11) Eligibility to participate in the Gulf red snapper IFQ program 
as of January 1, 2012. The provisions of paragraph (b)(11) of this 
section apply to all eligible participants for the Gulf red snapper IFQ 
program beginning January 1, 2012. In addition to eligible participants 
who already participate in the Gulf red snapper IFQ program, as of 
January 1, 2012, all U.S. citizens and permanent resident aliens who are 
in compliance with the provisions of this section are eligible and may 
participate in the

[[Page 259]]

Gulf red snapper IFQ program as shareholders and allocation holders. The 
requirements to meet the definition of a U.S. citizen are described in 
the Immigration and Nationality Act of 1952, as amended, and permanent 
resident aliens are those individuals who have been lawfully accorded 
the privilege of residing permanently in the U.S. in accordance with 
U.S. immigration laws. In order to harvest and possess Gulf IFQ red 
snapper, the requirements for a Gulf red snapper IFQ vessel account, as 
specified in paragraph (b)(1) of this section, or a Gulf IFQ dealer 
endorsement, as specified in paragraph (b)(2) of this section apply.
    (i) Gulf red snapper IFQ program participation for current red 
snapper IFQ account holders. A current participant in the red snapper 
IFQ program must complete and submit the application for an IFQ Account 
that is available on the Web site sero.nmfs.noaa.gov, to certify status 
as a U.S. citizen or permanent resident alien. The IFQ account holder 
must also complete and submit any other information on this form that 
may be necessary for the administration of the IFQ account. A person 
with an established IFQ account must update and confirm the account 
information every 2 years. IFQ accounts are updated through the 
submission of the application for an IFQ Account. Accounts must be 
updated prior to the account validity date (expiration date of the 
account) that is displayed on each account holder's IFQ account page. 
The RA will provide each participant who has established an online 
account, with an application approximately 2 months prior to the account 
validity date. A participant who is not provided an application at least 
45 days prior to the account validity date must contact IFQ Customer 
Service at 1-866-425-7627 and request an application. Failure to submit 
a completed application prior to the account validity date will lead to 
the suspension of the participant's IFQ account until a completed 
application is submitted. After January 1, 2012, participants who 
certify that they are either not U.S. citizens or permanent resident 
aliens will be ineligible to receive shares or allocation through 
transfer.
    (ii) Gulf red snapper IFQ program participation for entities that do 
not currently possess an IFQ account. The following procedures apply to 
U.S citizens or permanent resident aliens who are not otherwise 
described in either paragraphs (a) or (b)(11)(i) of this section.
    (A) To establish an IFQ account, a person must first complete the 
application for an IFQ Account that is available on the Web site 
sero.nmfs.noaa.gov. An applicant for an IFQ account under this paragraph 
must provide the following;
    (1) Name; address; telephone number; date of birth; tax 
identification number; certification of status as either a U.S. citizen 
or permanent resident alien; and if a corporation, a list of all 
officers, directors, shareholders, and registered agents of the 
business; and other identifying information as specified on the 
application.
    (2) Any other information that may be necessary for the 
establishment or administration of the IFQ account.
    (B) Completed applications and all required supporting documentation 
must be submitted to the RA. There is no fee to access the Web site or 
establish an IFQ account. An applicant that submits an incomplete 
application will be contacted by the RA to correct any deficiencies. If 
an applicant fails to correct the deficiency within 30 days of being 
notified of the deficient application, the application will be 
considered abandoned.
    (C) After an applicant submits a completed application for an IFQ 
account, the RA will mail the applicant general instructions regarding 
procedures related to the IFQ online system, including how to set up an 
online account and a user identification number--the personal 
identification number (PIN) will be provided in a subsequent letter.
    (D) A participant who has established an IFQ account must notify the 
RA within 30 days after there is any change in the information submitted 
through the application for an IFQ Account. The IFQ account is void if 
any change in the application information is not reported within 30 
days.
    (E) A person who has established an IFQ account must update and 
confirm the account information every 2 years. IFQ accounts are updated 
through the

[[Page 260]]

submission of the application for an IFQ Account. Accounts must be 
updated prior to the account validity date (expiration date of the 
account) that is displayed on each account holder's IFQ account page. 
The RA will mail each participant who has established an online account 
an application approximately 2 months prior to the Account Validity 
Date. A participant who does not receive an application at least 45 days 
prior to the Account Validity Date must contact IFQ Customer Service at 
1-866-425-7627 and request an application. Failure to submit a completed 
application prior to the account validity date will lead to the 
suspension of the IFQ account until a completed application is 
submitted.
    (F) For information regarding transfer of IFQ shares and allocation, 
the IFQ share cap, and the annual recalculation and notification of IFQ 
shares and allocation, see paragraphs (b)(6), (b)(8), and (b)(10) of 
this section, respectively.
    (G) Participation in the Gulf red snapper IFQ program beyond 
transferring IFQ shares and allocation is explained in paragraphs (a) 
through (b)(10) of this section.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014; 79 
FR 57834, Sept. 26, 2014; 80 FR 24834, May 1, 2015]



Sec. 622.22  Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.

    (a) General. This section establishes an IFQ program for the 
commercial sectors of the Gulf reef fish fishery for groupers (including 
DWG, red grouper, gag, and Other SWG) and tilefishes (including goldface 
tilefish, blueline tilefish, and tilefish). For the purposes of this IFQ 
program, DWG includes yellowedge grouper, warsaw grouper, snowy grouper, 
speckled hind, and scamp, but only as specified in paragraph (a)(7) of 
this section. For the purposes of this IFQ program, Other SWG includes 
black grouper, scamp, yellowfin grouper, yellowmouth grouper, warsaw 
grouper, and speckled hind, but only as specified in paragraph (a)(6) of 
this section. Under the IFQ program, the RA initially will assign 
eligible participants IFQ shares, in five share categories. These IFQ 
shares are equivalent to a percentage of the annual commercial quotas 
for DWG, red grouper, gag, Other SWG, and tilefishes, based on their 
applicable historical landings. Shares determine the amount of IFQ 
allocation for Gulf groupers and tilefishes, in pounds gutted weight, a 
shareholder is initially authorized to possess, land, or sell in a given 
calendar year. Shares and annual IFQ allocation are transferable. See 
paragraph (b)(1) of this section regarding a requirement for a vessel 
landing groupers or tilefishes subject to this IFQ program to have an 
IFQ vessel account for Gulf groupers and tilefishes. See paragraph 
(b)(2) of this section regarding a requirement for a Gulf IFQ dealer 
endorsement. Details regarding eligibility, applicable landings history, 
account setup and transaction requirements, constraints on 
transferability, and other provisions of this IFQ system are provided in 
the following paragraphs of this section.
    (1) Scope. The provisions of this section apply to Gulf groupers and 
tilefishes in or from the Gulf EEZ and, for a person aboard a vessel 
with an IFQ vessel account for Gulf groupers and tilefishes as required 
by paragraph (b)(1) of this section or for a person with a Gulf IFQ 
dealer endorsement as required by paragraph (b)(2) of this section, 
these provisions apply to Gulf groupers and tilefishes regardless of 
where harvested or possessed.
    (2) Duration. The IFQ program established by this section will 
remain in effect until it is modified or terminated; however, the 
program will be evaluated by the Gulf of Mexico Fishery Management 
Council every 5 years.
    (3) Electronic system requirements. (i) The administrative functions 
associated with this IFQ program, e.g., registration and account setup, 
landing transactions, and transfers, are designed to be accomplished 
online; therefore, a participant must have access to a computer and 
Internet access and must set up an appropriate IFQ account to 
participate. The computer must have browser software installed, e.g. 
Internet Explorer or Mozilla Firefox; as well as the software Adobe 
Flash Player version 9.0 or greater, which may be downloaded from the

[[Page 261]]

Internet for free. Assistance with online functions is available from 
IFQ Customer Service by calling 1-866-425-7627 Monday through Friday 
between 8 a.m. and 4:30 p.m. eastern time.
    (ii) The RA will mail initial shareholders and dealers with Gulf 
reef fish dealer permits information and instructions pertinent to 
setting up an IFQ account. Other eligible persons who desire to become 
IFQ participants by purchasing IFQ shares or allocation or by obtaining 
a Gulf IFQ dealer endorsement must first contact IFQ Customer Service at 
1-866-425-7627 to obtain information necessary to set up the required 
IFQ account. All current IFQ participants must complete and submit the 
application for an IFQ Account to certify their citizenship status and 
ensure their account information (e.g., mailing address, corporate 
shareholdings, etc.) is up to date. See paragraph (b)(11) of this 
section regarding requirements for the application for an IFQ Account. 
Each IFQ participant must monitor his/her online account and all 
associated messages and comply with all IFQ online reporting 
requirements.
    (iii) During catastrophic conditions only, the IFQ program provides 
for use of paper-based components for basic required functions as a 
backup. The RA will determine when catastrophic conditions exist, the 
duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. The 
RA will provide timely notice to affected participants via publication 
of notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the affected 
participants' use of paper-based components for the duration of the 
catastrophic conditions. NMFS will provide each IFQ dealer the necessary 
paper forms, sequentially coded, and instructions for submission of the 
forms to the RA. The paper forms will also be available from the RA. The 
program functions available to participants or geographic areas deemed 
affected by catastrophic conditions will be limited under the paper-
based system. There will be no mechanism for transfers of IFQ shares or 
allocation under the paper-based system in effect during catastrophic 
conditions. Assistance in complying with the requirements of the paper-
based system will be available via IFQ Customer Service 1-866-425-7627 
Monday through Friday between 8 a.m. and 4:30 p.m. eastern time.
    (4) IFQ allocation. IFQ allocation is the amount of Gulf groupers 
and tilefishes, in pounds gutted weight, an IFQ shareholder or 
allocation holder is authorized to possess, land, or sell during a given 
fishing year. IFQ allocation for the five respective share categories is 
derived at the beginning of each year by multiplying a shareholder's IFQ 
share times the annual commercial quota for gag, red grouper, DWG, Other 
SWG and tilefishes. If a quota is increased after the beginning of the 
fishing year, then IFQ allocation is derived by multiplying a 
shareholder's IFQ share at the time of the quota increase by the amount 
the annual commercial quota is increased.
    (5) Red grouper and gag multi-use allocation--(i) Red grouper multi-
use allocation. (A) At the time the commercial quota for red grouper is 
distributed to IFQ shareholders, a percentage of each shareholder's 
initial red grouper allocation will be converted to red grouper multi-
use allocation. Red grouper multi-use allocation, determined annually, 
will be based on the following formula:

Red Grouper multi-use allocation (in percent) = 100 * [Gag ACL - Gag 
commercial quota]/Red grouper commercial quota

    (B) Red grouper multi-use allocation may be used to possess, land, 
or sell either red grouper or gag under certain conditions. Red grouper 
multi-use allocation may be used to possess, land, or sell red grouper 
only after an IFQ account holder's (shareholder or allocation holder's) 
red grouper allocation has been landed and sold, or transferred; and to 
possess, land, or sell gag, only after both gag and gag multi-use 
allocation have been landed and sold, or transferred. However, if gag is 
under a rebuilding plan, the percentage of red grouper multi-use 
allocation is equal to zero.
    (ii) Gag multi-use allocation. (A) At the time the commercial quota 
for gag is distributed to IFQ shareholders, a

[[Page 262]]

percentage of each shareholder's initial gag allocation will be 
converted to gag multi-use allocation. Gag multi-use allocation, 
determined annually, will be based on the following formula:

Gag multi-use allocation (in percent) = 100 * [Red grouper ACL - Red 
grouper commercial quota]/Gag commercial quota

    (B) Gag multi-use allocation may be used to possess, land, or sell 
either gag or red grouper under certain conditions. Gag multi-use 
allocation may be used to possess, land, or sell gag only after an IFQ 
account holder's (shareholder or allocation holder's) gag allocation has 
been landed and sold, or transferred; and to possess, land, or sell red 
grouper, only after both red grouper and red grouper multi-use 
allocation have been landed and sold, or transferred. Multi-use 
allocation transfer procedures and restrictions are specified in 
paragraph (b)(6)(iv) of this section. However, if red grouper is under a 
rebuilding plan, the percentage of gag multi-use allocation is equal to 
zero.
    (6) Warsaw grouper and speckled hind classification. Warsaw grouper 
and speckled hind are considered DWG species and under certain 
circumstances SWG species. For the purposes of the IFQ program for Gulf 
groupers and tilefishes, after all of an IFQ account holder's DWG 
allocation has been landed and sold, or transferred, or if an IFQ 
account holder has no DWG allocation, then Other SWG allocation may be 
used to land and sell warsaw grouper and speckled hind.
    (7) Scamp classification. Scamp is considered a SWG species and 
under certain circumstances a DWG. For the purposes of the IFQ program 
for Gulf groupers and tilefishes, after all of an IFQ account holder's 
Other SWG allocation has been landed and sold, or transferred, or if an 
IFQ account holder has no SWG allocation, then DWG allocation may be 
used to land and sell scamp.
    (8) Closing an IFQ account. IFQ account holders may close an IFQ 
account by completing and submitting a Close IFQ Account Request Form to 
NMFS. This form must be signed by an account holder named on the IFQ 
account. If the request to close an IFQ account is being made because 
the sole account holder is deceased, the person requesting the closure 
must sign the Close IFQ Account Request Form, indicating the 
relationship to the deceased, provide a death certificate, and provide 
any additional information NMFS determines is necessary to complete the 
request. IFQ shareholder accounts may not be closed until all shares and 
allocation have been transferred from the account to another IFQ account 
holder. Dealer accounts may not be closed until all cost recovery fees 
have been received by NMFS. NMFS' IFQ Customer Service staff may close 
an IFQ account if all shares and allocation have been transferred from 
the account, all cost recovery fees have been received by NMFS, and no 
landing transactions or IFQ transfers have been completed by the IFQ 
account holder in at least 1 year. If an account is closed by NMFS' IFQ 
Customer Service staff, it may be reopened at the request of the IFQ 
account holder by contacting IFQ Customer Service.
    (b) IFQ operations and requirements--(1) IFQ vessel accounts for 
Gulf groupers and tilefishes. For a person aboard a vessel, for which a 
commercial vessel permit for Gulf reef fish has been issued, to fish 
for, possess, or land Gulf groupers (including DWG and SWG, as specified 
in paragraph (a) of this section or tilefishes (including goldface 
tilefish, blueline tilefish, and tilefish), regardless of where 
harvested or possessed, a Gulf IFQ vessel account for the applicable 
species or species groups must have been established. As a condition of 
the IFQ vessel account, a person aboard such vessel must comply with the 
requirements of this section, Sec. 622.22, when fishing for groupers or 
tilefishes regardless of where the fish are harvested or possessed. An 
owner of a vessel with a commercial vessel permit for Gulf reef fish, 
who has established an IFQ account for the applicable species, as 
specified in paragraph (a)(3)(i) of this section, online via the NMFS 
IFQ Web site https://portal.southeast.fisheries.noaa.gov/cs/main.html, 
may establish a vessel account through that IFQ account for that 
permitted vessel. If such owner does not have an online IFQ account,

[[Page 263]]

the owner must first contact IFQ Customer Service at 1-866-425-7627 to 
obtain information necessary to access the IFQ Web site and establish an 
online IFQ account. There is no fee to set-up an IFQ account or a vessel 
account. Only one vessel account may be established per vessel under 
each IFQ program. An owner with multiple vessels may establish multiple 
vessel accounts under each IFQ account. The purpose of the vessel 
account is to hold IFQ allocation that is required to land the 
applicable IFQ species. A vessel account, or its linked IFQ shareholder 
account, must hold sufficient IFQ allocation in the appropriate share 
category, at least equal to the pounds in gutted weight of the groupers 
and tilefishes on board at the time of advance notice of landing. 
Allocation must be transferred to the vessel account, so that the vessel 
account holds sufficient IFQ allocation at the time of the landing 
transaction (except for any overage allowed as specified in paragraph 
(b)(3)(ii) for groupers and tilefishes). The vessel account remains 
valid as long as the vessel permit remains valid; the vessel has not 
been sold or transferred; and the vessel owner is in compliance with all 
Gulf reef fish and IFQ reporting requirements, has paid all applicable 
IFQ fees, and is not subject to sanctions under 15 CFR part 904. The 
vessel account is not transferable to another vessel. The provisions of 
this paragraph do not apply to fishing for or possession of Gulf 
groupers and tilefishes under the bag limit specified in Sec. 
622.38(b)(2) and (5) respectively.
    (2) Gulf IFQ dealer endorsements. In addition to the requirement for 
a Gulf and South Atlantic dealer permit as specified in Sec. 
622.20(c)(1), for a dealer to first receive groupers and tilefishes 
subject to the IFQ program for groupers and tilefishes, as specified in 
paragraph (a)(1) of this section, or for a person aboard a vessel with a 
Gulf IFQ vessel account to sell such groupers and tilefishes directly to 
an entity other than a dealer, such persons must also have a Gulf IFQ 
dealer endorsement. A dealer with a Gulf and South Atlantic dealer 
permit can download a Gulf IFQ dealer endorsement from the NMFS IFQ Web 
site. If such persons do not have an IFQ account, they must first 
contact IFQ Customer Service at 1-866-425-7627 to obtain information 
necessary to access the IFQ Web site and establish an IFQ account. There 
is no fee for obtaining this endorsement. The endorsement remains valid 
as long as the Gulf and South Atlantic dealer permit remains valid and 
the dealer is in compliance with all Gulf reef fish and IFQ reporting 
requirements, has paid all IFQ fees required, and is not subject to any 
sanctions under 15 CFR part 904. The endorsement is not transferable.
    (3) IFQ Landing and transaction requirements. (i) At the time of 
advance notice of landing, the IFQ vessel account, or its linked IFQ 
shareholder account, must contain allocation at least equal to the 
pounds in gutted weight of grouper or tilefish species to be landed, 
except as provided in paragraph (b)(3)(ii) of this section. At the time 
of the landing transaction, the IFQ vessel account must contain 
allocation at least equal to the pounds in gutted weight of grouper or 
tilefish species to be landed, except as provided in paragraph 
(b)(3)(ii) of this section. Such groupers and tilefishes must be sold 
and can be received only by a dealer who has a valid Gulf IFQ dealer 
endorsement and an active IFQ dealer account (i.e., not in delinquent 
status). All IFQ landings and their actual ex-vessel prices must be 
reported via the IFQ Web site.
    (ii) A person on board a vessel with an IFQ vessel account landing 
the shareholder's only remaining allocation from among any of the 
grouper or tilefish share categories, can legally exceed, by up to 10 
percent, the shareholder's allocation remaining on that last fishing 
trip of the fishing year, i.e. a one-time per fishing year overage. Any 
such overage will be deducted from the shareholder's applicable 
allocation for the subsequent fishing year. From the time of the overage 
until January 1 of the subsequent fishing year, the IFQ shareholder must 
retain sufficient shares to account for the allocation that will be 
deducted the subsequent fishing year. Share transfers that would violate 
this requirement will be prohibited.
    (iii) The dealer must complete a landing transaction report for each

[[Page 264]]

landing of Gulf groupers or tilefishes via the IFQ Web site on the day 
of offload, except if the fish are being trailered for transport to a 
dealer as specified in paragraph (b)(5)(iv) of this section (in which 
case the landing transaction report may be completed prior to the day of 
offload), and within 96 hours from the time of landing reported on the 
most recent landing notification, in accordance with the reporting 
form(s) and instructions provided on the Web site. This report includes 
date, time, and location of transaction; weight and actual ex-vessel 
price of groupers and tilefishes landed and sold (when calculating the 
weight of IFQ groupers and tilefishes during a landing transaction, ice 
and water weight may not be deducted from the weight of the fish unless 
the actual weight of the ice and water can be determined); and 
information necessary to identify the fisherman, vessel, and dealer 
involved in the transaction. The fisherman must validate the dealer 
transaction report by entering the unique PIN for the vessel account 
when the transaction report is submitted. After the dealer submits the 
report and the information has been verified by NMFS, the online system 
will send a transaction approval code to the dealer and the allocation 
holder.
    (iv) If there is a discrepancy regarding the landing transaction 
report after approval, the dealer or vessel account holder (or his or 
her authorized agent) must initiate a landing transaction correction 
form to correct the landing transaction. This form is available via the 
IFQ Web site. The dealer must then print out the form, both parties must 
sign it, and the form must be mailed to NMFS. The form must be received 
by NMFS no later than 15 days after the date of the initial landing 
transaction.
    (4) IFQ cost recovery fees. As required by the Magnuson-Stevens Act, 
the RA will collect a fee to recover the actual costs directly related 
to the management and enforcement of the IFQ program for Gulf groupers 
and tilefishes. The fee cannot exceed 3 percent of the ex-vessel value 
of Gulf groupers and tilefishes landed under the IFQ program as 
described in the Magnuson-Stevens Act. Such fees will be deposited in 
the Limited Access System Administration Fund (LASAF). Initially, the 
fee will be 3 percent of the actual ex-vessel price of Gulf groupers and 
tilefishes landed per trip under the IFQ program, as documented in each 
landings transaction report. The RA will review the cost recovery fee 
annually to determine if adjustment is warranted. Factors considered in 
the review include the catch subject to the IFQ cost recovery, projected 
ex-vessel value of the catch, costs directly related to the management 
and enforcement of the IFQ program, the projected IFQ balance in the 
LASAF, and expected non-payment of fee liabilities. If the RA determines 
that a fee adjustment is warranted, the RA will publish a notification 
of the fee adjustment in the Federal Register.
    (i) Payment responsibility. The IFQ account holder specified in the 
documented IFQ landing transaction report for Gulf groupers and 
tilefishes is responsible for payment of the applicable cost recovery 
fees.
    (ii) Collection and submission responsibility. A dealer who receives 
Gulf groupers or tilefishes subject to the IFQ program is responsible 
for collecting the applicable cost recovery fee for each IFQ landing 
from the IFQ account holder specified in the IFQ landing transaction 
report. Such dealer is responsible for submitting all applicable cost 
recovery fees to NMFS on a quarterly basis. The fees are due and must be 
submitted, using pay.gov via the IFQ system, at the end of each 
calendar-year quarter, but no later than 30 days after the end of each 
calendar-year quarter. Fees not received by the deadline are delinquent.
    (iii) Fee payment procedure. For each IFQ dealer, the IFQ system 
will post, in individual IFQ dealer accounts, an end-of-quarter 
statement of cost recovery fees that are due. The dealer is responsible 
for submitting the cost recovery fee payments using pay.gov via the IFQ 
system. Authorized payment methods are credit card, debit card, or 
automated clearing house (ACH). Payment by check will be authorized only 
if the RA has determined that the geographical area or an individual(s) 
is affected by catastrophic conditions.

[[Page 265]]

    (iv) Fee reconciliation process--delinquent fees. The following 
procedures apply to an IFQ dealer whose cost recovery fees are 
delinquent.
    (A) On or about the 31st day after the end of each calendar-year 
quarter, the RA will send the dealer an electronic message via the IFQ 
Web site and official notice via mail indicating the applicable fees are 
delinquent, and the dealer's IFQ account has been suspended pending 
payment of the applicable fees.
    (B) On or about the 91st day after the end of each calendar-year 
quarter, the RA will refer any delinquent IFQ dealer cost recovery fees 
to the appropriate authorities for collection of payment.
    (5) Measures to enhance IFQ program enforceability--(i) Advance 
notice of landing--(A) General requirement. For the purpose of this 
paragraph, landing means to arrive at a dock, berth, beach, seawall, or 
ramp. The owner or operator of a vessel landing IFQ groupers or 
tilefishes is responsible for ensuring that NMFS is contacted at least 3 
hours, but no more than 24 hours, in advance of landing to report the 
time and location of landing, estimated grouper and tilefish landings in 
pounds gutted weight for each share category (gag, red grouper, DWG, 
Other SWG, tilefishes), vessel identification number (Coast Guard 
registration number or state registration number), and the name and 
address of the IFQ dealer(s) where the groupers or tilefishes are to be 
received. The vessel must land within 1 hour after the time given in the 
landing notification except as provided in paragraph (b)(5)(i)(C) of 
this section. The vessel landing groupers or tilefishes must have 
sufficient IFQ allocation in the IFQ vessel account, or its linked IFQ 
shareholder account, and in the appropriate share category or 
categories, at least equal to the pounds in gutted weight of all 
groupers and tilefishes on board (except for any overage up to the 10 
percent allowed on the last fishing trip) at the time of the advance 
notice of landing.
    (B) Submitting an advanced landing notification. Authorized methods 
for contacting NMFS and submitting the report include calling IFQ 
Customer Service at 1-866-425-7627, completing and submitting to NMFS a 
landing notification provided through the VMS unit, or providing the 
required information to NMFS through the web-based form available on the 
IFQ Web site.
    (C) Landing prior to the notification time. The owner or operator of 
a vessel that has completed a landing notification and submitted it to 
NMFS may land prior to the notification time, only if an authorized 
officer is present at the landing site, is available to meet the vessel, 
and has authorized the owner or operator of the vessel to land early.
    (D) Changes to a landing notification. The owner or operator of a 
vessel who has submitted a landing notification to NMFS may make changes 
to the notification by submitting a superseding notification. If the 
initial superseding notification makes changes to one or more of the 
following: the time of landing (if landing more than 1 hour after the 
time on the notification), the dealer(s), or the estimated weights of 
fish to be landed, the vessel does not need to wait an additional 3 
hours to land. If the initial superseding notification makes changes to 
the landing location, the time of landing is earlier than previously 
specified, or more than one superseding notification is submitted on a 
trip, the vessel must wait an additional 3 hours to land, except as 
provided in paragraph (b)(5)(i)(C) of this section.
    (ii) Time restriction on offloading. For the purpose of this 
paragraph, offloading means to remove IFQ groupers and tilefishes from a 
vessel. IFQ groupers or tilefishes may be offloaded only between 6 a.m. 
and 6 p.m., local time, unless an authorized officer is present at the 
offloading at 6 p.m., is available to remain at the site while 
offloading continues, and authorizes the owner or operator of the vessel 
to continue offloading after 6 p.m.
    (iii) Restrictions on transfer of IFQ groupers and tilefishes. At-
sea or dockside transfer of IFQ groupers or tilefishes from one vessel 
to another vessel is prohibited.
    (iv) Requirement for transaction approval code. If IFQ groupers or 
tilefishes are offloaded to a vehicle for transport or are on a vessel 
that is

[[Page 266]]

trailered for transport, on-site capability to accurately weigh the fish 
and to connect electronically to the online IFQ system to complete the 
transaction and obtain the transaction approval code is required. After 
a landing transaction has been completed, a transaction approval code 
verifying a legal transaction of the amount of IFQ groupers and 
tilefishes in possession and a copy of the dealer endorsement must 
accompany any IFQ groupers or tilefishes from the landing location 
through possession by a dealer. This requirement also applies to IFQ 
groupers and tilefishes possessed on a vessel that is trailered for 
transport. A dealer may only receive IFQ groupers and tilefishes 
transported by a vehicle or a trailered vessel that has a corresponding 
transaction approval code.
    (v) Approved landing locations. IFQ groupers and tilefishes must be 
landed at an approved landing location. Landing locations must be 
approved by NMFS Office for Law Enforcement prior to a vessel landing 
IFQ groupers or tilefishes at these sites. Proposed landing locations 
may be submitted online via the IFQ Web site, or by calling IFQ Customer 
Service at 1-866-425-7627, at any time; however, new landing locations 
will be approved only at the end of each calendar-year quarter. To have 
your landing location approved by the end of the calendar-year quarter, 
it must be submitted at least 45 days before the end of the calendar-
year quarter. NMFS will evaluate the proposed sites based on, but not 
limited to, the following criteria:
    (A) Landing locations must have a street address. If there is no 
street address on record for a particular landing location, global 
positioning system (GPS) coordinates for an identifiable geographic 
location must be provided.
    (B) Landing locations must be publicly accessible by land and water, 
and must satisfy the following criteria:
    (1) Vehicles must have access to the site via public roads;
    (2) Vessels must have access to the site via navigable water;
    (3) No other condition may impede free and immediate access to the 
site by an authorized law enforcement officer. Examples of such 
conditions include, but are not limited to: A locked gate, fence, wall, 
or other barrier preventing 24-hour access to the site; a gated 
community entry point; a guard; animal; a posted sign restricting access 
to the site; or any other physical deterrent.
    (6) Transfer of IFQ shares and allocation. Until January 1, 2015, 
IFQ shares and allocations can be transferred only to a person who holds 
a valid commercial vessel permit for Gulf reef fish; thereafter, IFQ 
shares and allocations can be transferred only to a U.S. citizen or 
permanent resident alien. However, a valid commercial permit for Gulf 
reef fish, an IFQ vessel account for Gulf groupers and tilefishes, and 
IFQ allocation for Gulf groupers or tilefishes are required to possess 
(at and after the time of the advance notice of landing), land or sell 
Gulf groupers or tilefishes subject to this IFQ program.
    (i) Share transfers. Share transfers are permanent, i.e., they 
remain in effect until subsequently transferred. Transfer of shares will 
result in the corresponding allocation being automatically transferred 
to the person receiving the transferred share beginning with the fishing 
year following the year the transfer occurred. However, within the 
fishing year the share transfer occurs, transfer of shares and 
associated allocation are independent--unless the associated allocation 
is transferred separately, it remains with the transferor for the 
duration of that fishing year. A share transfer transaction that remains 
in pending status, i.e., has not been completed and verified with a 
transaction approval code, after 30 days from the date the shareholder 
initiated the transfer will be cancelled, and the pending shares will be 
re-credited to the shareholder who initiated the transfer.
    (ii) Share transfer procedures. Share transfers must be accomplished 
online via the IFQ Web site. An IFQ shareholder must initiate a share 
transfer request by logging onto the IFQ Web site. An IFQ shareholder 
who is subject to a sanction under 15 CFR part 904 is prohibited from 
initiating a share transfer. An IFQ shareholder who is subject to a 
pending sanction under 15 CFR part 904 must disclose in writing

[[Page 267]]

to the prospective transferee the existence of any pending sanction at 
the time of the transfer. Following the instructions provided on the Web 
site, the shareholder must enter pertinent information regarding the 
transfer request including, but not limited to: amount of shares to be 
transferred, which must be a minimum of 0.000001 percent; name of the 
eligible transferee; and the value of the transferred shares. For the 
first 5 years this IFQ program is in effect, an eligible transferee is a 
person who has a valid commercial vessel permit for Gulf reef fish; is 
in compliance with all reporting requirements for the Gulf reef fish 
fishery and the IFQ program for Gulf groupers and tilefishes; is not 
subject to sanctions under 15 CFR part 904; and who would not be in 
violation of the share or allocation caps as specified in paragraph 
(b)(8) of this section. Thereafter, share transferee eligibility will 
only include U.S. citizens and permanent resident aliens who are 
otherwise in compliance with the provisions of this section. The online 
system will verify the information entered. If the information is not 
accepted, the online system will send the shareholder an electronic 
message explaining the reason(s). If the information is accepted, the 
online system will send the transferee an electronic message of the 
pending transfer. The transferee must approve the share transfer by 
electronic signature. If the transferee approves the share transfer, the 
online system will send a transfer approval code to both the shareholder 
and transferee confirming the transaction. All share transfers must be 
completed and the transaction approval code received prior to December 
31 at 6 p.m. eastern time each year.
    (iii) Allocation transfers. An allocation transfer is valid only for 
the remainder of the fishing year in which it occurs; it does not carry 
over to the subsequent fishing year. Any allocation that is unused at 
the end of the fishing year is void. Allocation may be transferred to a 
vessel account from any IFQ account. Allocation held in a vessel 
account, however, may only be transferred back to the IFQ account 
through which the vessel account was established.
    (iv) Allocation transfer procedures and restrictions--(A) Allocation 
transfer procedures. Allocation transfers must be accomplished online 
via the IFQ Web site. An IFQ account holder must initiate an allocation 
transfer by logging onto the IFQ Web site, entering the required 
information, including but not limited to, the name of an eligible 
transferee and amount of IFQ allocation to be transferred and price, and 
submitting the transfer electronically. An IFQ allocation holder who is 
subject to a sanction under 15 CFR part 904 is prohibited from 
initiating an allocation transfer. An IFQ allocation holder who is 
subject to a pending sanction under 15 CFR part 904 must disclose in 
writing to the prospective transferee the existence of any pending 
sanction at the time of the transfer. If the transfer is approved, the 
Web site will provide a transfer approval code to the transferor and 
transferee confirming the transaction.
    (B) Multi-use allocation transfer restrictions--(1) Red grouper 
multi-use allocation. Red grouper multi-use allocation may only be 
transferred after all an IFQ account holder's red grouper allocation has 
been landed and sold, or transferred.
    (2) Gag multi-use allocation. Gag multi-use allocation may only be 
transferred after all an IFQ account holder's gag allocation has been 
landed and sold, or transferred.
    (7) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 31 
at 6 p.m. eastern time each year. Electronic IFQ functions will resume 
again on January 1 at 2 p.m. eastern time the following fishing year. 
The remaining 6 hours prior to the end of the fishing year, and the 14 
hours at the beginning of the next fishing year, are necessary to 
provide NMFS time to reconcile IFQ accounts, adjust allocations for the 
upcoming year if the commercial quotas or catch allowances for Gulf 
groupers and tilefishes have changed, and update shares and allocations 
for the upcoming fishing year. No electronic IFQ transactions will be 
available during these 20 hours. An advance notice of landing may still 
be submitted during the 20-hour maintenance window by

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using the vessel's VMS unit or calling IFQ Customer Service at 1-866-
425-7627.
    (8) IFQ share and allocation caps. A corporation's total IFQ share 
(or allocation) is determined by adding the applicable IFQ shares (or 
allocation) held by the corporation and any other IFQ shares (or 
allocation) held by a corporation(s) owned by the original corporation 
prorated based on the level of ownership. An individual's total IFQ 
share is determined by adding the applicable IFQ shares held by the 
individual and the applicable IFQ shares equivalent to the corporate 
share the individual holds in a corporation. An individual's total IFQ 
allocation is determined by adding the individual's total allocation to 
the allocation derived from the IFQ shares equivalent to the corporate 
share the individual holds in a corporation.
    (i) IFQ share cap for each share category. No person, including a 
corporation or other entity, may individually or collectively hold IFQ 
shares in any share category (gag, red grouper, DWG, Other SWG, or 
tilefishes) in excess of the maximum share initially issued for the 
applicable share category to any person at the beginning of the IFQ 
program, as of the date appeals are resolved and shares are adjusted 
accordingly. A corporation must provide to the RA the identity of the 
shareholders of the corporation and their percent of shares in the 
corporation for initial issuance of IFQ shares and allocation, and 
provide updated information to the RA within 30 days of when changes 
occur. This information must also be provided to the RA any time a 
commercial vessel permit for Gulf reef fish is renewed or transferred 
and at the time of renewal of the application for an IFQ Account.
    (ii) Total allocation cap. No person, including a corporation or 
other entity, may individually or collectively hold, cumulatively during 
any fishing year, IFQ allocation in excess of the total allocation cap. 
The total allocation cap is the sum of the maximum allocations 
associated with the share caps for each individual share category and is 
calculated annually based on the applicable quotas or catch allowance 
associated with each share category.
    (9) Redistribution of shares resulting from permanent revocation. If 
a shareholder's IFQ shares have been permanently revoked, the RA will 
redistribute the IFQ shares proportionately among remaining shareholders 
(subject to cap restrictions) based upon the amount of shares each held 
just prior to the redistribution. During December of each year, the RA 
will determine the amount of revoked shares, if any, to be 
redistributed, and the shares will be distributed at the beginning of 
the subsequent fishing year.
    (10) Annual recalculation and notification of IFQ shares and 
allocation. On or about January 1 each year, IFQ shareholders will be 
notified, via the IFQ Web site, of their IFQ shares and allocations, for 
each of the five share categories, for the upcoming fishing year. These 
updated share values will reflect the results of applicable share 
transfers and any redistribution of shares (subject to cap restrictions) 
resulting from permanent revocation of IFQ shares. Allocation, for each 
share category, is calculated by multiplying IFQ share for that category 
times the annual commercial quota or commercial catch allowance for that 
share category. Updated allocation values will reflect any change in IFQ 
share for each share category, any change in the annual commercial quota 
or commercial catch allowance for the applicable categories; and any 
debits required as a result of prior fishing year overages as specified 
in paragraph (b)(3)(ii) of this section. IFQ participants can monitor 
the status of their shares and allocation throughout the year via the 
IFQ Web site.
    (11) Gulf grouper and tilefish IFQ program participation for current 
grouper and tilefish IFQ account holders. (i) A current participant in 
the Gulf grouper and tilefish IFQ program must complete and submit the 
application for an IFQ Account that is available on the Web site 
sero.nmfs.noaa.gov, to certify status as a U.S. citizen or permanent 
resident alien. The account holder must also complete and submit any 
other information on this form that may be necessary for the 
administration of the IFQ account.
    (ii) A person with an established IFQ account must update and 
confirm the

[[Page 269]]

account information every 2 years. IFQ accounts are updated through the 
submission of the application for an IFQ Account. Accounts must be 
updated prior to the account validity date (expiration date of the 
account) that is displayed on each account holder's IFQ account page. 
The RA will provide each participant who has established an online 
account an application approximately 2 months prior to the account 
validity date. A participant who is not provided an application at least 
45 days prior to the account validity date must contact IFQ Customer 
Service at 1-866-425-7627 and request an application. Failure to submit 
a completed application prior to the participant's account validity date 
will lead to the suspension of the participant's access to his IFQ 
account until a completed application is submitted. Participants who 
certify that they are either not a U.S. citizen or permanent resident 
alien will be ineligible to receive shares or allocation through 
transfer.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014; 79 
FR 57835, Sept. 26, 2014; 80 FR 18553, Apr. 7, 2015; 80 FR 24834, May 1, 
2015]



Sec. Sec. 622.23-622.24  [Reserved]



Sec. 622.25  Exemptions for Gulf groundfish trawling.

    Gulf groundfish trawling means fishing in the Gulf EEZ by a vessel 
that uses a bottom trawl, the unsorted catch of which is ground up for 
animal feed or industrial products.
    (a) Other provisions of this part notwithstanding, the owner or 
operator of a vessel trawling for Gulf groundfish is exempt from the 
following requirements and limitations for the vessel's unsorted catch 
of Gulf reef fish:
    (1) The requirement for a valid commercial vessel permit for Gulf 
reef fish in order to sell Gulf reef fish.
    (2) Minimum size limits for Gulf reef fish.
    (3) Bag limits for Gulf reef fish.
    (4) The prohibition on sale of Gulf reef fish after a quota or ACL 
closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a Gulf and South Atlantic 
dealer permit to receive Gulf reef fish harvested from the Gulf EEZ by a 
vessel trawling for Gulf groundfish.

[79 FR 19494, Apr. 9, 2014]



Sec. 622.26  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators. The owner or operator of 
a vessel for which a commercial permit for Gulf reef fish has been 
issued, as required under Sec. 622.20(a)(1), or whose vessel fishes for 
or lands reef fish in or from state waters adjoining the Gulf EEZ, who 
is selected to report by the SRD must maintain a fishing record on a 
form available from the SRD. These completed fishing records must be 
submitted to the SRD postmarked not later than 7 days after the end of 
each fishing trip. If no fishing occurred during a calendar month, a 
report so stating must be submitted on one of the forms postmarked not 
later than 7 days after the end of that month. Information to be 
reported is indicated on the form and its accompanying instructions.
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Gulf reef 
fish has been issued, as required under Sec. 622.20(b), or whose vessel 
fishes for or lands such reef fish in or from state waters adjoining the 
Gulf EEZ, who is selected to report by the SRD must maintain a fishing 
record for each trip, or a portion of such trips as specified by the 
SRD, on forms provided by the SRD and must submit such record as 
specified in paragraph (b)(2) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Gulf reef fish has been issued, as 
required under Sec. 622.20(b), or whose vessel fishes for or lands such 
reef fish in or from state waters adjoining the Gulf EEZ, who is 
selected to report by the SRD must submit an electronic fishing record 
for each trip of all fish harvested within the time period specified in 
paragraph (b)(2)(ii) of this section, via the Southeast Region Headboat 
Survey.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to

[[Page 270]]

the SRD weekly, postmarked no later than 7 days after the end of each 
week (Sunday). Information to be reported is indicated on the form and 
its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii) of this section for headboats must be submitted at weekly 
intervals (or intervals shorter than a week if notified by the SRD) by 
11:59 p.m., local time, the Sunday following a reporting week. If no 
fishing activity occurred during a reporting week, an electronic report 
so stating must be submitted for that reporting week by 11:59 p.m., 
local time, the Sunday following a reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b)(1)(ii) of 
this section. The RA will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. The 
RA will provide timely notice to affected participants via publication 
of notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the affected 
participants' use of paper-based components for the duration of the 
catastrophic conditions. The paper forms will be available from NMFS. 
During catastrophic conditions, the RA has the authority to waive or 
modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by paragraph 
(b)(1)(ii) of this section must be submitted and received by NMFS 
according to the reporting requirements under this section. A report not 
received within the time specified in paragraph (b)(2)(ii) is 
delinquent. A delinquent report automatically results in the owner and 
operator of a headboat for which a charter vessel/headboat permit for 
Gulf reef fish has been issued being prohibited from harvesting or 
possessing such species, regardless of any additional notification to 
the delinquent owner and operator by NMFS. The owner and operator who 
are prohibited from harvesting or possessing such species due to 
delinquent reports are authorized to harvest or possess such species 
only after all required and delinquent reports have been submitted and 
received by NMFS according to the reporting requirements under this 
section.
    (c) Dealers. (1) A dealer who first receives Gulf reef fish must 
maintain records and submit information as specified in Sec. 622.5(c).
    (2) The operator of a vehicle that is used to pick up from a fishing 
vessel Gulf reef fish must maintain a record containing the name of each 
fishing vessel from which reef fish on the vehicle have been received. 
The vehicle operator must provide such record for inspection upon the 
request of an authorized officer.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 6099, Feb. 3, 2014; 79 
FR 19494, Apr. 9, 2014]



Sec. 622.27  At-sea observer coverage.

    (a) Required coverage. A vessel for which a Federal commercial 
vessel permit for Gulf reef fish or a charter vessel/headboat permit for 
Gulf reef fish has been issued must carry a NMFS-approved observer, if 
the vessel's trip is selected by the SRD for observer coverage. Vessel 
permit renewal is contingent upon compliance with this paragraph (a).
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.

[[Page 271]]

    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.28  Vessel monitoring systems (VMSs).

    The VMS requirements of this section apply throughout the Gulf of 
Mexico and adjacent states.
    (a) General VMS requirement. An owner or operator of a vessel that 
has been issued a commercial vessel permit for Gulf reef fish, including 
a charter vessel/headboat issued such a permit even when under charter, 
must ensure that such vessel has an operating VMS approved by NMFS for 
use in the Gulf reef fish fishery on board at all times whether or not 
the vessel is underway, unless exempted by NMFS under the power-down 
exemptions specified in paragraph (d) of this section and in the NOAA 
Enforcement Vessel Monitoring System Requirements for the Reef Fish 
Fishery of the Gulf of Mexico. This NOAA Enforcement Vessel Monitoring 
System Requirements document is available from NMFS Office for Law 
Enforcement (OLE), Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701; phone: 800-758-4833. An operating VMS includes an 
operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and NMFS as provided by a NMFS-
approved communication service provider. NMFS OLE maintains a current 
list of approved VMS units and communication providers which is 
available from the VMS Support Center, NMFS OLE, 8484 Georgia Avenue, 
Suite 415, Silver Spring, MD 20910 or by calling toll free: 888-219-
9228. If a VMS unit approved for the Gulf reef fish fishery is removed 
from the approved list by NMFS OLE, a vessel owner who purchased and 
installed such a VMS unit prior to its removal from the approved list 
will be considered to be in compliance with the requirement to have an 
approved unit, unless otherwise notified by NMFS OLE. At the end of a 
VMS unit's service life, it must be replaced with a currently approved 
unit for the fishery.
    (b) Hourly reporting requirement. An owner or operator of a vessel 
subject to the requirements of paragraph (a) of this section must ensure 
that the required VMS unit transmits a signal indicating the vessel's 
accurate position at least once an hour, 24 hours a day every day unless 
exempted under paragraphs (c) or (d) of this section.
    (c) In-port exemption. While in port, an owner or operator of a 
vessel with a type-approved VMS unit configured with the 4-hour 
reporting feature may utilize the 4-hour reporting feature rather than 
comply with the hourly reporting requirement specified in paragraph (b) 
of this section. Once the vessel is no longer in port, the hourly 
reporting requirement specified in paragraph (b) of this section 
applies. For the purposes of this section, ``in port'' means secured at 
a land-based facility, or moored or anchored after the return to a dock, 
berth, beach, seawall, or ramp.
    (d) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a VMS operating at all times as specified in 
paragraph (a) of this section can be exempted from that requirement and 
may power down the required VMS unit if--
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (c) of this section, for more than 72 consecutive 
hours;
    (2) The owner or operator of the vessel applies for and obtains a 
valid letter of exemption from NMFS OLE VMS personnel as specified in 
the NOAA Enforcement Vessel Monitoring System Requirements for the Reef 
Fish Fishery of the Gulf of Mexico. This is a one-time requirement. The 
letter of exemption must be maintained on board the vessel and remains 
valid for all subsequent power-down requests conducted consistent with 
the provisions of paragraphs (d)(3) and (4) of this section.
    (3) Prior to each power-down, the owner or operator of the vessel 
files a report to NMFS OLE VMS program personnel, using the VMS unit's 
email, that includes the name of the person filing the report, vessel 
name, vessel

[[Page 272]]

U.S. Coast Guard documentation number or state registration number, 
commercial vessel reef fish permit number, vessel port location during 
VMS power down, estimated duration of the power down exemption, and 
reason for power down; and
    (4) The owner or operator enters the power-down code through the use 
of the VMS Declaration form on the terminal and, prior to powering down 
the VMS, receives a confirmation, through the VMS terminal, that the 
form was successfully delivered.
    (e) Declaration of fishing trip and gear. Prior to departure for 
each trip, a vessel owner or operator must report to NMFS any fishery 
the vessel will participate in on that trip and the specific type(s) of 
fishing gear, using NMFS-defined gear codes, that will be on board the 
vessel. This information may be reported to NMFS using the toll-free 
number, 888-219-9228, or via an attached VMS terminal.
    (f) Installation and activation of a VMS. Only a VMS that has been 
approved by NMFS for the Gulf reef fish fishery may be used, and the VMS 
must be installed by a qualified marine electrician. When installing and 
activating the NMFS-approved VMS, or when reinstalling and reactivating 
such VMS, the vessel owner or operator must--
    (1) Follow procedures indicated on a NMFS-approved installation and 
activation checklist for the applicable fishery, which is available from 
NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue 
South, St. Petersburg, FL 33701; phone: 800-758-4833; and
    (2) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 
13th Avenue South, St. Petersburg, FL 33701, a statement certifying 
compliance with the checklist, as prescribed on the checklist.
    (3) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 
13th Avenue South, St. Petersburg, FL 33701, a vendor-completed 
installation certification checklist, which is available from NMFS 
Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701; phone: 800-758-4833.
    (g) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (h) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact NMFS 
Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701, phone: 800-758-4833, and follow instructions from 
that office. If notified by NMFS that a vessel's VMS is not operating 
properly, the owner and operator must follow instructions from that 
office. In either event, such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS the 
vessel's positions or returning to port until the VMS is operable.
    (i) Access to position data. As a condition of authorized fishing 
for or possession of fish in a fishery subject to VMS requirements in 
this section, a vessel owner or operator subject to the requirements for 
a VMS in this section must allow NMFS, the USCG, and their authorized 
officers and designees access to the vessel's position data obtained 
from the VMS.



Sec. 622.29  Conservation measures for protected resources.

    (a) Gulf reef fish commercial vessels and charter vessels/
headboats--(1) Sea turtle conservation measures. (i) The owner or 
operator of a vessel for which a commercial vessel permit for Gulf reef 
fish or a charter vessel/headboat permit for Gulf reef fish has been 
issued, as required under Sec. Sec. 622.20(a)(1) and 622.20(b), 
respectively, must post inside the wheelhouse, or within a waterproof 
case if no wheelhouse, a copy of the document provided by NMFS titled, 
``Careful Release Protocols for Sea Turtle Release With Minimal 
Injury,'' and must post inside the wheelhouse, or in an easily viewable 
area if no wheelhouse, the sea turtle handling and release guidelines 
provided by NMFS.
    (ii) Such owner or operator must also comply with the sea turtle 
bycatch mitigation measures, including gear requirements and sea turtle 
handling requirements, specified in

[[Page 273]]

Sec. Sec. 635.21(c)(5)(i) and (ii) of this chapter, respectively.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board a dipnet, tire, short-handled dehooker, 
long-nose or needle-nose pliers, bolt cutters, monofilament line 
cutters, and at least two types of mouth openers/mouth gags. This 
equipment must meet the specifications described in Sec. Sec. 
635.21(c)(5)(i)(E) through (L) of this chapter with the following 
modifications: the dipnet handle can be of variable length, only one 
NMFS-approved short-handled dehooker is required (i.e., Sec. 
635.21(c)(5)(i)(G) or (H) of this chapter); and life rings, seat 
cushions, life jackets, and life vests or any other comparable, 
cushioned, elevated surface that allows boated sea turtles to be 
immobilized, may be used as alternatives to tires for cushioned surfaces 
as specified in Sec. 635.21(c)(5)(i)(F) of this chapter. Those 
permitted vessels with a freeboard height of greater than 4 ft (1.2 m) 
must have on board a dipnet, tire, long-handled line clipper, a short-
handled and a long-handled dehooker, a long-handled device to pull an 
inverted ``V'', long-nose or needle-nose pliers, bolt cutters, 
monofilament line cutters, and at least two types of mouth openers/mouth 
gags. This equipment must meet the specifications described in Sec. 
635.21(c)(5)(i)(A) through (L) of this chapter with the following 
modifications: only one NMFS-approved long-handled dehooker (Sec. 
635.21(c)(5)(i)(B) or (C)) of this chapter and one NMFS-approved short-
handled dehooker (Sec. 635.21(c)(5)(i)(G) or (H) of this chapter) are 
required; and life rings, seat cushions, life jackets, and life vests, 
or any other comparable, cushioned, elevated surface that allows boated 
sea turtles to be immobilized, may be used as alternatives for cushioned 
surfaces as specified in Sec. 635.21(c)(5)(i)(F) of this chapter.
    (2) Smalltooth sawfish conservation measures. The owner or operator 
of a vessel for which a commercial vessel permit for Gulf reef fish or a 
charter vessel/headboat permit for Gulf reef fish has been issued, as 
required under Sec. Sec. 622.20(a)(1) and 622.20(b), respectively, that 
incidentally catches a smalltooth sawfish must--
    (i) Keep the sawfish in the water at all times;
    (ii) If it can be done safely, untangle the line if it is wrapped 
around the saw;
    (iii) Cut the line as close to the hook as possible; and
    (iv) Not handle the animal or attempt to remove any hooks on the 
saw, except for with a long-handled dehooker.
    (b) [Reserved]



Sec. 622.30  Required fishing gear.

    For a person on board a vessel to fish for Gulf reef fish in the 
Gulf EEZ, the vessel must possess on board and such person must use the 
gear as specified in paragraphs (a) and (b) of this section.
    (a) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required when fishing with natural baits.
    (b) Dehooking device. At least one dehooking device is required and 
must be used to remove hooks embedded in Gulf reef fish with minimum 
damage. The hook removal device must be constructed to allow the hook to 
be secured and the barb shielded without re-engaging during the removal 
process. The dehooking end must be blunt, and all edges rounded. The 
device must be of a size appropriate to secure the range of hook sizes 
and styles used in the Gulf reef fish fishery.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 46822, Aug. 2, 2013]



Sec. 622.31  Buoy gear identification.

    (a) Buoy gear. In the Gulf EEZ, if buoy gear is used or possessed, 
each buoy must display the official number of the vessel. See Sec. 
622.2 for the definition of buoy gear.
    (b) [Reserved]



Sec. 622.32  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Poisons. A poison may not be used to take Gulf reef fish in the 
Gulf EEZ.
    (b) [Reserved]



Sec. 622.33  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species

[[Page 274]]

is harvested by a vessel operating under a commercial vessel permit. The 
operator of a vessel that fishes in the EEZ is responsible for the limit 
applicable to that vessel. (Note: Nassau grouper in the Gulf EEZ may not 
be harvested or possessed, as specified in Sec. 622.181(b)(1).)
    (b) Goliath grouper. Goliath grouper may not be harvested or 
possessed in or from the Gulf EEZ.
    (c) [Reserved]
    (d) Gulf reef fish exhibiting trap rash. Possession of Gulf reef 
fish in or from the Gulf EEZ that exhibit trap rash is prima facie 
evidence of illegal trap use and is prohibited. For the purpose of this 
paragraph, trap rash is defined as physical damage to fish that 
characteristically results from contact with wire fish traps. Such 
damage includes, but is not limited to, broken fin spines, fin rays, or 
teeth; visually obvious loss of scales; and cuts or abrasions on the 
body of the fish, particularly on the head, snout, or mouth.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013]



Sec. 622.34  Seasonal and area closures designed to protect Gulf
reef fish.

    (a) Closure provisions applicable to the Madison and Swanson sites 
and Steamboat Lumps, and the Edges--(1) Descriptions of Areas. (i) The 
Madison and Swanson sites are bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  29 deg.17'            85 deg.50'
B...........................  29 deg.17'            85 deg.38'
C...........................  29 deg.06'            85 deg.38'
D...........................  29 deg.06'            85 deg.50'
A...........................  29 deg.17'            85 deg.50'
------------------------------------------------------------------------

    (ii) Steamboat Lumps is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
B...........................  28 deg.14'            84 deg.37'
C...........................  28 deg.03'            84 deg.37'
D...........................  28 deg.03'            84 deg.48'
A...........................  28 deg.14'            84 deg.48'
------------------------------------------------------------------------

    (iii) The Edges is bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  28 deg.51'            85 deg.16'
B...........................  28 deg.51'            85 deg.04'
C...........................  28 deg.14'            84 deg.42'
D...........................  28 deg.14'            84 deg.54'
A...........................  28 deg.51'            85 deg.16'
------------------------------------------------------------------------

    (2) Within the Madison and Swanson sites and Steamboat Lumps, 
possession of Gulf reef fish is prohibited, except for such possession 
aboard a vessel in transit with fishing gear stowed as specified in 
paragraph (a)(4) of this section.
    (3) Within the Madison and Swanson sites and Steamboat Lumps during 
November through April, and within the Edges during January through 
April, all fishing is prohibited, and possession of any fish species is 
prohibited, except for such possession aboard a vessel in transit with 
fishing gear stowed as specified in paragraph (a)(4) of this section. 
The provisions of this paragraph, (a)(3), do not apply to highly 
migratory species.
    (4) For the purpose of paragraph (a) of this section, transit means 
non-stop progression through the area; fishing gear appropriately stowed 
means--
    (i) A longline may be left on the drum if all gangions and hooks are 
disconnected and stowed below deck. Hooks cannot be baited. All buoys 
must be disconnected from the gear; however, buoys may remain on deck.
    (ii) A trawl net may remain on deck, but trawl doors must be 
disconnected from the trawl gear and must be secured.
    (iii) A gillnet must be left on the drum. Any additional gillnets 
not attached to the drum must be stowed below deck.
    (iv) A rod and reel must be removed from the rod holder and stowed 
securely on or below deck. Terminal gear (i.e., hook, leader, sinker, 
flasher, or bait) must be disconnected and stowed separately from the 
rod and reel. Sinkers must be disconnected from the down rigger and 
stowed separately.
    (5) Within the Madison and Swanson sites and Steamboat Lumps, during 
May through October, surface trolling is the only allowable fishing 
activity. For the purpose of this paragraph (a)(5), surface trolling is 
defined as fishing with lines trailing behind a vessel which is in 
constant motion at

[[Page 275]]

speeds in excess of four knots with a visible wake. Such trolling may 
not involve the use of down riggers, wire lines, planers, or similar 
devices.
    (6) For the purpose of this paragraph (a), fish means finfish, 
mollusks, crustaceans, and all other forms of marine animal and plant 
life other than marine mammals and birds. Highly migratory species means 
tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic 
sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
    (b) Seasonal closure of the recreational sector for red snapper. The 
recreational sector for red snapper in or from the Gulf EEZ is closed 
from January 1 through May 31, each year. During the closure, the bag 
and possession limit for red snapper in or from the Gulf EEZ is zero.
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from June 1 through July 31, each year. During the 
closure, the bag and possession limit for greater amberjack in or from 
the Gulf EEZ is zero.
    (d) Seasonal closure of the recreational sector for shallow-water 
grouper (SWG). The recreational sector for SWG, in or from the Gulf EEZ, 
is closed each year from February 1 through March 31, in the portion of 
the Gulf EEZ seaward of rhumb lines connecting, in order, the points in 
the following table. During the closure, the bag and possession limit 
for SWG in or from the Gulf EEZ seaward of the following rhumb lines is 
zero.

------------------------------------------------------------------------
             Point                  North latitude       West longitude
------------------------------------------------------------------------
1.............................  24 deg.48.0'           82 deg.48.0'
2.............................  25 deg.07.5'           82 deg.34.0'
3.............................  26 deg.26.0'           82 deg.59.0'
4.............................  27 deg.30.0'           83 deg.21.5'
5.............................  28 deg.10.0'           83 deg.45.0'
6.............................  28 deg.11.0'           84 deg.00.0'
7.............................  28 deg.11.0'           84 deg.07.0'
8.............................  28 deg.26.6'           84 deg.24.8'
9.............................  28 deg.42.5'           84 deg.24.8'
10............................  29 deg.05.0'           84 deg.47.0'
11............................  29 deg.02.5'           85 deg.09.0'
12............................  29 deg.21.0'           85 deg.30.0'
13............................  29 deg.27.9'           85 deg.51.7'
14............................  29 deg.45.8'           85 deg.51.0'
15............................  30 deg.05.6'           86 deg.18.5'
16............................  30 deg.07.5'           86 deg.56.5'
17............................  29 deg.43.9'           87 deg.33.8'
18............................  29 deg.43.0'           88 deg.18.5'
19............................  At State/EEZ line,     88 deg.56.0'
                                 follow State/EEZ
                                 line to point 20
20............................  At State/EEZ line      89 deg.28.4'
21............................  29 deg.02.0'           89 deg.45.5'
22............................  28 deg.32.7'           90 deg.21.5'
23............................  28 deg.24.8'           90 deg.52.7'
24............................  28 deg.42.3'           92 deg.14.4'
25............................  28 deg.34.2'           92 deg.30.4'
26............................  28 deg.27.6'           95 deg.00.0'
27............................  28 deg.20.0'           95 deg.06.9'
28............................  28 deg.02.2'           96 deg.11.1'
29............................  27 deg.46.5'           96 deg.38.1'
30............................  27 deg.15.0'           97 deg.00.0'
31............................  26 deg.45.5'           97 deg.01.4'
32............................  At EEZ                 96 deg.51.0'
------------------------------------------------------------------------

    (e) Seasonal closure of the recreational sector for gag. The 
recreational sector for gag, in or from the Gulf EEZ, is closed from 
January 1 through May 31. During the closure, the bag and possession 
limits for gag in or from the Gulf EEZ are zero.
    (f) Seasonal closure of the commercial and recreational sectors for 
gray triggerfish. The commercial and recreational sectors for gray 
triggerfish in or from the Gulf EEZ are closed from June 1 through July 
31, each year. During the closure, all harvest or possession in or from 
the Gulf EEZ of gray triggerfish is prohibited and the sale and purchase 
of gray triggerfish taken from the Gulf EEZ is prohibited.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 78 
FR 33261, June 4, 2013; 81 FR 24039, Apr. 25, 2016]



Sec. 622.35  Gear restricted areas.

    (a) Reef fish stressed area. The stressed area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 2 in Appendix B of this part.
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area. The provisions of this paragraph do not 
apply to hogfish.
    (2) A roller trawl may not be used in the stressed area. Roller 
trawl means a trawl net equipped with a series of large, solid rollers 
separated by several smaller spacer rollers on a separate cable or line 
(sweep) connected to the footrope, which makes it possible to fish the 
gear over rough bottom, that

[[Page 276]]

is, in areas unsuitable for fishing conventional shrimp trawls. Rigid 
framed trawls adapted for shrimping over uneven bottom, in wide use 
along the west coast of Florida, and shrimp trawls with hollow plastic 
rollers for fishing on soft bottoms, are not considered roller trawls.
    (b) Seasonal prohibitions applicable to bottom longline fishing for 
Gulf reef fish. (1) From June through August each year, bottom 
longlining for Gulf reef fish is prohibited in the portion of the Gulf 
EEZ east of 85 deg.30' W. long. that is shoreward of rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  28 deg.58.70'         85 deg.30.00'
B...........................  28 deg.59.25'         85 deg.26.70'
C...........................  28 deg.57.00'         85 deg.13.80'
D...........................  28 deg.47.40'         85 deg.3.90'
E...........................  28 deg.19.50'         84 deg.43.00'
F...........................  28 deg.0.80'          84 deg.20.00'
G...........................  26 deg.48.80'         83 deg.40.00'
H...........................  25 deg.17.00'         83 deg.19.00'
I...........................  24 deg.54.00'         83 deg.21.00'
J...........................  24 deg.29.50'         83 deg.12.30'
K...........................  24 deg.26.50'         83 deg.00.00'
------------------------------------------------------------------------

    (2) Within the prohibited area and time period specified in 
paragraph (b)(1) of this section, a vessel with bottom longline gear on 
board may not possess Gulf reef fish unless the bottom longline gear is 
appropriately stowed, and a vessel that is using bottom longline gear to 
fish for species other than Gulf reef fish may not possess Gulf reef 
fish. For the purposes of paragraph (b) of this section, appropriately 
stowed means that a longline may be left on the drum if all gangions and 
hooks are disconnected and stowed below deck; hooks cannot be baited; 
and all buoys must be disconnected from the gear but may remain on deck.
    (3) Within the Gulf EEZ east of 85 deg.30' W. long., a vessel for 
which a valid eastern Gulf reef fish bottom longline endorsement has 
been issued that is fishing bottom longline gear or has bottom longline 
gear on board cannot possess more than a total of 1000 hooks including 
hooks on board the vessel and hooks being fished and cannot possess more 
than 750 hooks rigged for fishing at any given time. For the purpose of 
this paragraph, ``hooks rigged for fishing'' means hooks attached to a 
line or other device capable of attaching to the mainline of the 
longline.
    (c) Reef fish longline and buoy gear restricted area. A person 
aboard a vessel that uses, on any trip, longline or buoy gear in the 
longline and buoy gear restricted area is limited on that trip to the 
bag limits for Gulf reef fish specified in Sec. 622.38(b) and, for Gulf 
reef fish for which no bag limit is specified in Sec. 622.38(b), the 
vessel is limited to 5 percent, by weight, of all fish on board or 
landed. The longline and buoy gear restricted area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 1 in Appendix B of this part.
    (d) Alabama SMZ. The Alabama SMZ consists of artificial reefs and 
surrounding areas. In the Alabama SMZ, fishing by a vessel that is 
operating as a charter vessel or headboat, a vessel that does not have a 
commercial permit for Gulf reef fish, as required under Sec. 
622.20(a)(1), or a vessel with such a permit fishing for Gulf reef fish 
is limited to hook-and-line gear with three or fewer hooks per line and 
spearfishing gear. A person aboard a vessel that uses on any trip gear 
other than hook-and-line gear with three or fewer hooks per line and 
spearfishing gear in the Alabama SMZ is limited on that trip to the bag 
limits for Gulf reef fish specified in Sec. 622.38(b) and, for Gulf 
reef fish for which no bag limit is specified in Sec. 622.38(b), the 
vessel is limited to 5 percent, by weight, of all fish on board or 
landed. The Alabama SMZ is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  30 deg.02.5'          88 deg.07.7'
B...........................  30 deg.02.6'          87 deg.59.3'
C...........................  29 deg.55.0'          87 deg.55.5'
D...........................  29 deg.54.5'          88 deg.07.5'
A...........................  30 deg.02.5'          88 deg.07.7'
------------------------------------------------------------------------



Sec. 622.36  Seasonal harvest limitations.

    (a) Greater amberjack. During March, April, and May, each year, the 
possession of greater amberjack in or from the Gulf EEZ and in the Gulf 
on board a vessel for which a commercial permit for Gulf reef fish has 
been issued, as required under Sec. 622.20(a)(1), without regard to 
where such greater amberjack were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.38(b)(1) and (c), 
respectively, and

[[Page 277]]

such greater amberjack are subject to the prohibition on sale or 
purchase of greater amberjack possessed under the bag limit, as 
specified in Sec. 622.40(a). Also note that if commercial quantities of 
Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/
possession limits, are on board the vessel, no bag limit of Gulf reef 
fish may be possessed, as specified in Sec. 622.38(a)(2).
    (b) [Reserved]



Sec. 622.37  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit, as 
specified in this section, in or from the Gulf EEZ, may not be 
possessed, sold, or purchased. A fish not in compliance with its size 
limit must be released immediately with a minimum of harm. The operator 
of a vessel that fishes in the EEZ is responsible for ensuring that fish 
on board are in compliance with the size limits specified in this 
section. See Sec. 622.10 regarding requirements for landing fish 
intact.
    (a) Snapper--(1) Red snapper--16 inches (40.6 cm), TL, for a fish 
taken by a person subject to the bag limit specified in Sec. 622.38 
(b)(3) and 13 inches (33.0 cm), TL, for a fish taken by a person not 
subject to the bag limit.
    (2) Lane snapper--8 inches (20.3 cm), TL.
    (3) Vermilion snapper--10 inches (25.4 cm), TL.
    (4) Cubera, gray, and yellowtail snappers--12 inches (30.5 cm), TL.
    (5) Mutton snapper--16 inches (40.6 cm), TL.
    (b) Grouper--(1) Gag. (i) For a person not subject to the bag limit 
specified in Sec. 622.38(b)(2)--22 inches (55.9 cm), TL.
    (ii) For a person subject to the bag limit specified in Sec. 
622.38(b)(2)--24 inches (61.0 cm), TL.
    (2) Red grouper--(i) For a person not subject to the bag limit 
specified in Sec. 622.38 (b)(2)--18 inches (45.7 cm), TL.
    (ii) For a person subject to the bag limit specified in Sec. 
622.38(b)(2)--20 inches (50.8 cm), TL.
    (3) Scamp--16 inches (40.6 cm), TL.
    (4) Yellowfin grouper--20 inches (50.8 cm), TL.
    (5) Black grouper--(i) For a person not subject to the bag limit 
specified in Sec. 622.38(b)(2)--24 inches (61.0 cm), TL.
    (ii) For a person subject to the bag limit specified in Sec. 
622.38(b)(2)--24 inches (61.0 cm), TL.
    (c) Other Gulf reef fish species--(1) Gray triggerfish--14 inches 
(35.6 cm), fork length.
    (2) Hogfish--12 inches (30.5 cm), fork length.
    (3) Banded rudderfish and lesser amberjack--14 inches (35.6 cm), 
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum 
size).
    (4) Greater amberjack--34 inches (86.4 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec. 
622.38(b)(1) and 36 inches (91.4 cm), fork length, for a fish taken by a 
person not subject to the bag limit.
    (d) A person aboard a vessel that has a Federal commercial vessel 
permit for Gulf reef fish and commercial quantities of Gulf reef fish, 
i.e., Gulf reef fish in excess of applicable bag/possession limits, may 
not possess any Gulf reef fish that do not comply with the applicable 
commercial minimum size limit.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 75436, Dec. 2, 2015; 81 
FR 24040, Apr. 25, 2016]



Sec. 622.38  Bag and possession limits.

    (a) Additional applicability provisions for Gulf reef fish. (1) 
Section 622.11(a) provides the general applicability for bag and 
possession limits. However, Sec. 622.11(a) notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
    (i) When trawl gear or entangling net gear is on board. A vessel is 
considered to have trawl gear on board when trawl doors and a net are on 
board. Removal from the vessel of all trawl doors or all nets 
constitutes removal of trawl gear.
    (ii) When a longline or buoy gear is on board and the vessel is 
fishing or has fished on a trip in the reef fish longline and buoy gear 
restricted area specified in Sec. 622.35(c). A vessel is considered to 
have a longline on board when a power-operated longline hauler, a cable 
of diameter and length suitable for use in the longline fishery, and

[[Page 278]]

gangions are on board. Removal of any one of these three elements, in 
its entirety, constitutes removal of a longline.
    (iii) For a species/species group when its quota has been reached 
and closure has been effected, provided that no commercial quantities of 
Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/
possession limits, are on board as specified in paragraph (a)(2) of this 
section.
    (iv) When the vessel has on board or is tending any trap other than 
a stone crab trap or a spiny lobster trap.
    (2) A person aboard a vessel that has a Federal commercial vessel 
permit for Gulf reef fish and commercial quantities of Gulf reef fish, 
i.e., Gulf reef fish in excess of applicable bag/possession limits, may 
not possess Gulf reef fish caught under a bag limit.
    (b) Bag limits--(1) Greater amberjack--1. However, no greater 
amberjack may be retained by the captain or crew of a vessel operating 
as a charter vessel or headboat. The bag limit for such captain and crew 
is zero.
    (2) Groupers, combined, excluding goliath grouper--4 per person per 
day, but not to exceed 1 speckled hind or 1 warsaw grouper per vessel 
per day, or 2 gag or 2 red grouper per person per day. However, no 
grouper may be retained by the captain or crew of a vessel operating as 
a charter vessel or headboat. The bag limit for such captain and crew is 
zero. (Note: Nassau grouper in the Gulf EEZ may not be harvested or 
possessed, as specified in Sec. 622.181(b)(4).)
    (3) Red snapper--2. However, no red snapper may be retained by the 
captain or crew of a vessel operating as a charter vessel or headboat. 
The bag limit for such captain and crew is zero.
    (4) Snappers, combined, excluding red, lane, and vermilion snapper--
10.
    (5) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7) of 
this section--20. In addition, within the 20-fish aggregate reef fish 
bag limit, no more than 2 fish may be gray triggerfish and no more than 
10 fish may be vermilion snapper.
    (6) Banded rudderfish and lesser amberjack, combined--5.
    (7) Hogfish--5.
    (c) Possession limits. A person, or a vessel in the case of speckled 
hind or Warsaw grouper, on a trip that spans more than 24 hours may 
possess no more than two daily bag limits, provided such trip is on a 
vessel that is operating as a charter vessel or headboat, the vessel has 
two licensed operators aboard, and each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
length of the trip.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 78 
FR 46822, Aug. 2, 2013; 78 FR 78775, Dec. 27, 2013; 80 FR 18553, Apr. 7, 
2015]



Sec. 622.39  Quotas.

    See Sec. 622.8 for general provisions regarding quota applicability 
and closure and reopening procedures. This section, provides quotas and 
specific quota closure restrictions for Gulf reef fish.
    (a) Gulf reef fish--(1) Commercial quotas. The following quotas 
apply to persons who fish under commercial vessel permits for Gulf reef 
fish, as required under Sec. 622.20(a)(1).
    (i) Commercial quota for red snapper. (A) For fishing year 2015--
7.293 million lb (3.308 million kg), round weight.
    (B) For fishing year 2016--6.768 million lb (3.070 million kg), 
round weight.
    (C) For fishing year 2017 and subsequent fishing years--6.664 
million lb (3.023 million kg), round weight.
    (ii) Deep-water groupers (DWG) have a combined quota, as specified 
in paragraphs (a)(1)(ii)(A) through (C) of this section. These quotas 
are specified in gutted weight, that is eviscerated, but otherwise 
whole.
    (A) For fishing year 2014--1.110 million lb (0.503 million kg).
    (B) For fishing year 2015--1.101 million lb (0.499 million kg).
    (C) For fishing year 2016 and subsequent fishing years--1.024 
million lb (0.464 million kg).
    (iii) Shallow-water groupers (SWG) have separate quotas for gag and 
red grouper and a combined quota for other shallow-water grouper (Other 
SWG) species (including black grouper, scamp, yellowfin grouper, and 
yellowmouth grouper), as specified in paragraphs (a)(1)(iii)(A) through 
(C) of this section. These quotas are specified

[[Page 279]]

in gutted weight, that is, eviscerated but otherwise whole.
    (A) Other SWG combined. (1) For fishing year 2014--523,000 lb 
(237,229 kg).
    (2) For fishing year 2015 and subsequent fishing years--525,000 lb 
(238,136 kg).
    (B) Gag. (1) For fishing year 2012--0.567 million lb (0.257 million 
kg).
    (2) For fishing year 2013--0.708 million lb (0.321 million kg).
    (3) For fishing year 2014--0.835 million lb (0.378 million kg).
    (4) For fishing year 2015 and subsequent fishing years--0.939 
million lb (0.426 million kg).
    (C) Red grouper. (1) For fishing year 2012--5.37 million lb (2.37 
million kg).
    (2) For fishing year 2013--5.53 million lb (2.44 million kg).
    (3) For fishing year 2014--5.63 million lb (2.51 million kg).
    (4) For fishing year 2015 and subsequent fishing years--5.72 million 
lb (2.59 million kg).
    (iv) Tilefishes (including goldface tilefish, blueline tilefish, and 
tilefish)--582,000 lb (263,991 kg), gutted weight, that is, eviscerated 
but otherwise whole.
    (v) Greater amberjack--394,740 lb (179,051 kg), round weight.
    (vi) Gray triggerfish--60,900 lb (27,624 kg), round weight.
    (2) Recreational quotas. The following quotas apply to persons who 
fish for Gulf reef fish other than under commercial vessel permits for 
Gulf reef fish and the applicable commercial quotas specified in 
paragraph (a)(1) of this section.
    (i) Recreational quota for red snapper--(A) Total recreational quota 
(Federal charter vessel/headboat and private angling component quotas 
combined). (1) For fishing year 2015--7.007 million lb (3.178 million 
kg), round weight.
    (2) For fishing year 2016--7.192 million lb (3.262 million kg), 
round weight.
    (3) For fishing year 2017 and subsequent fishing years--7.076 
million lb (3.210 million kg), round weight.
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component quota is effective 
for only the 2015, 2016, and 2017 fishing years. For the 2018 and 
subsequent fishing years, the applicable total recreational quota 
specified in Sec. 622.39(a)(2)(i)(A) will apply to the recreational 
sector.
    (1) For fishing year 2015--2.964 million lb (1.344 million kg), 
round weight.
    (2) For fishing year 2016--3.042 million lb (1.380 million kg), 
round weight.
    (3) For fishing year 2017--2.993 million lb (1.358 million kg), 
round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component quota is effective for only 
the 2015, 2016, and 2017 fishing years. For the 2018 and subsequent 
fishing years, the applicable total recreational quota specified in 
Sec. 622.39(a)(2)(i)(A) will apply to the recreational sector.
    (1) For fishing year 2015--4.043 million lb (1.834 million kg), 
round weight.
    (2) For fishing year 2016--4.150 million lb (1.882 million kg), 
round weight.
    (3) For fishing year 2017--4.083 million lb (1.852 million kg), 
round weight.
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,092,372 lb (495,492 kg), round weight.
    (b) Restrictions applicable after a commercial quota closure. (1) If 
the recreational fishery for the indicated species is open, the bag and 
possession limits specified in Sec. 622.38(b) and (c) apply to all 
harvest or possession in or from the Gulf EEZ of the indicated species, 
and the sale or purchase of the indicated species taken from the Gulf 
EEZ is prohibited. In addition, the bag and possession limits for red 
snapper, when applicable, apply on board a vessel for which a commercial 
permit for Gulf reef fish has been issued, as required under Sec. 
622.20(a)(1), without regard to where such red snapper were harvested. 
The application of bag limits described in this paragraph (b)(1) 
notwithstanding, bag limits of Gulf reef fish may not be possessed on 
board a vessel with commercial quantities of Gulf reef fish, i.e., Gulf 
reef fish in excess of applicable bag/possession limits, on board, as 
specified in Sec. 622.38(a)(2).

[[Page 280]]

The prohibition on sale/purchase during a closure for Gulf reef fish 
does not apply to Gulf reef fish that were harvested, landed ashore, and 
sold prior to the effective date of the closure and were held in cold 
storage by a dealer or processor.
    (2) If the recreational fishery for the indicated species is closed, 
all harvest or possession in or from the Gulf EEZ of the indicated 
species is prohibited.
    (c) Restrictions applicable after a recreational quota closure or 
recreational component quota closure. The bag limit for the applicable 
species for the recreational sector or recreational sector component in 
or from the Gulf EEZ is zero. When the Federal charter vessel/headboat 
component is closed or the entire recreational sector is closed, this 
bag and possession limit applies in the Gulf on board a vessel for which 
a valid Federal charter vessel/headboat permit for Gulf reef fish has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 32181, May 29, 2013; 78 
FR 57318, Sept. 18, 2013; 79 FR 6100, Feb. 3, 2014; 79 FR 72556, Dec. 8, 
2014; 80 FR 22430, Apr. 22, 2015; 80 FR 24835, May 1, 2015; 80 FR 74001, 
Nov. 27, 2015; 80 FR 75436, Dec. 2, 2015; 81 FR 25583, Apr. 28, 2016]



Sec. 622.40  Restrictions on sale/purchase.

    The restrictions in this section are in addition to the restrictions 
on sale/purchase related to quota closures as specified in Sec. 
622.39(b) and (c).
    (a) A Gulf reef fish harvested in the EEZ on board a vessel that 
does not have a valid commercial permit for Gulf reef fish, as required 
under Sec. 622.20(a)(1), or a Gulf reef fish possessed under the bag 
limits specified in Sec. 622.38(b), may not be sold or purchased.
    (b) A Gulf reef fish harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid commercial vessel permit for Gulf 
reef fish may be sold or transferred only to a dealer who has a valid 
Gulf and South Atlantic dealer permit, as required under Sec. 
622.20(c)(1).
    (c) A Gulf reef fish harvested in or from the EEZ may be first 
received by a dealer who has a valid Gulf and South Atlantic dealer 
permit, as required under Sec. 622.20(c)(1), only from a vessel that 
has a valid commercial vessel permit for Gulf reef fish.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014]



Sec. 622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) Greater amberjack--(1) Commercial sector. (i) If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
annual catch target (ACT) specified in Sec. 622.39(a)(1)(v)(commercial 
quota), the Assistant Administrator for Fisheries, NOAA, (AA) will file 
a notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year.
    (ii) In addition to the measures specified in paragraph (a)(1)(i) of 
this section, if commercial landings, as estimated by the SRD, exceed 
the commercial ACL, as specified in (a)(1)(iii) of this section, the AA 
will file a notification with the Office of the Federal Register, at or 
near the beginning of the following fishing year to reduce the 
commercial ACT (commercial quota) and the commercial ACL for that 
following year by the amount of any commercial ACL overage in the prior 
fishing year.
    (iii) The commercial ACL for greater amberjack is 464,400 lb 
(210,648 kg), round weight.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the ACT specified in Sec. 
622.39(a)(2)(ii) (recreational quota), the AA will file a notification 
with the Office of the Federal Register to close the recreational sector 
for the remainder of the fishing year.
    (ii) In addition to the measures specified in paragraph (a)(2)(i) of 
this section, if recreational landings, as estimated by the SRD, exceed 
the recreational ACL, as specified in paragraph (a)(2)(iii) of this 
section, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the recreational ACT (recreational quota) and the recreational 
ACL for that following year by the

[[Page 281]]

amount of any recreational overage in the prior fishing year.
    (iii) The recreational ACL for greater amberjack is 1,255,600 lb 
(569,531 kg), round weight.
    (b) Gray triggerfish--(1) Commercial sector. If commercial landings, 
as estimated by the SRD, reach or are projected to reach the commercial 
ACT (commercial quota) specified in Sec. 622.39(a)(1)(vi), the AA will 
file a notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. In addition, if 
despite such closure, commercial landings exceed the commercial ACL, the 
AA will file a notification with the Office of the Federal Register, at 
or near the beginning of the following fishing year to reduce the 
commercial ACL and ACT (commercial quota) for that following year by the 
amount the prior-year ACL was exceeded. The commercial ACL is 64,100 lb 
(29,075 kg), round weight.
    (2) Recreational sector. (i) Without regard to overfished status, if 
gray triggerfish recreational landings, as estimated by the SRD, reach 
or are projected to reach the applicable ACT specified in paragraph 
(b)(2)(iii) of this section, the AA will file a notification with the 
Office of the Federal Register, to close the recreational sector for the 
remainder of the fishing year. On and after the effective date of such a 
notification, the bag and possession limit of gray triggerfish in or 
from the Gulf EEZ is zero. This bag and possession limit applies in the 
Gulf on board a vessel for which a valid Federal charter vessel/headboat 
permit for Gulf reef fish has been issued, without regard to where such 
species were harvested, i.e. in state or Federal waters.
    (ii) In addition to the measures specified in paragraphs (b)(2)(i) 
of this section, if gray triggerfish recreational landings, as estimated 
by the SRD, exceed the applicable ACL specified in paragraph (b)(2)(iii) 
of this section, and gray triggerfish are overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the ACL and the ACT 
for that following year by the amount of the ACL overage in the prior 
fishing year, unless the best scientific information available 
determines that a greater, lesser, or no overage adjustment is 
necessary.
    (iii) The recreational ACL for gray triggerfish is 241,200 lb 
(109,406 kg), round weight. The recreational ACT for gray triggerfish is 
217,100 lb (98,475 kg), round weight.
    (c) Other shallow-water grouper (Other SWG) combined (including 
black grouper, scamp, yellowfin grouper, and yellowmouth grouper)--(1) 
Commercial sector. The IFQ program for groupers and tilefishes in the 
Gulf of Mexico serves as the accountability measure for commercial Other 
SWG. The commercial ACT for Other SWG is equal to the applicable quota 
specified in Sec. 622.39(a)(1)(iii)(A). The commercial ACL for Other 
SWG, in gutted weight, is 545,000 lb (247,208 kg) for 2014, and 547,000 
lb (248,115 kg) for 2015 and subsequent fishing years.
    (2) Recreational sector. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock 
complex ACL specified in paragraph (c)(3) of this section, then during 
the following fishing year, if the sum of the commercial and 
recreational landings reaches or is projected to reach the applicable 
ACL specified in paragraph (c)(3) of this section, the AA will file a 
notification with the Office of the Federal Register to close the 
recreational sector for the remainder of that fishing year.
    (3) The stock complex ACLs for Other SWG, in gutted weight, are 
688,000 lb (312,072 kg) for 2012, 700,000 lb (317,515 kg) for 2013, 
707,000 lb (320,690 kg) for 2014, and 710,000 lb (322,051 kg) for 2015 
and subsequent years.
    (d) Gag--(1) Commercial sector. The IFQ program for groupers and 
tilefishes in the Gulf of Mexico serves as the accountability measure 
for commercial gag. The applicable commercial ACLs for gag, in gutted 
weight, are 0.788 million lb (0.357 million kg) for 2012, 0.956 million 
lb (0.434 million kg) for 2013, 1.100 million lb (0.499 million kg) for 
2014, and 1.217 million lb (0.552 million kg) for 2015 and subsequent 
fishing years.

[[Page 282]]

    (2) Recreational sector. (i) Without regard to overfished status, if 
gag recreational landings, as estimated by the SRD, reach or are 
projected to reach the applicable ACLs specified in paragraph (d)(2)(iv) 
of this section, the AA will file a notification with the Office of the 
Federal Register, to close the recreational sector for the remainder of 
the fishing year. On and after the effective date of such a 
notification, the bag and possession limit of gag in or from the Gulf 
EEZ is zero. This bag and possession limit applies in the Gulf on board 
a vessel for which a valid Federal charter vessel/headboat permit for 
Gulf reef fish has been issued, without regard to where such species 
were harvested, i.e. in state or Federal waters.
    (ii) Without regard to overfished status, and in addition to the 
measures specified in paragraph (d)(2)(i) of this section, if gag 
recreational landings, as estimated by the SRD, exceed the applicable 
ACLs specified in paragraph (d)(2)(iv) of this section, the AA will file 
a notification with the Office of the Federal Register to maintain the 
gag ACT, specified in paragraph (d)(2)(iv) of this section, for that 
following fishing year at the level of the prior year's ACT, unless the 
best scientific information available determines that maintaining the 
prior year's ACT is unnecessary. In addition, the notification will 
reduce the length of the recreational gag fishing season the following 
fishing year by the amount necessary to ensure gag recreational landings 
do not exceed the recreational ACT in the following fishing year.
    (iii) If gag are overfished, based on the most recent status of U.S. 
Fisheries Report to Congress, and gag recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in paragraph 
(d)(2)(iv) of this section, the following measures will apply. In 
addition to the measures specified in paragraphs (d)(2)(i) and (ii) of 
this section, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing year 
to reduce the ACL for that following year by the amount of the ACL 
overage in the prior fishing year, and reduce the ACT, as determined in 
paragraph (d)(2)(ii) of this section, by the amount of the ACL overage 
in the prior fishing year, unless the best scientific information 
available determines that a greater, lesser, or no overage adjustment is 
necessary.
    (iv) The applicable recreational ACLs for gag, in gutted weight, are 
1.232 million lb (0.559 million kg) for 2012, 1.495 million lb (0.678 
million kg) for 2013, 1.720 million lb (0.780 million kg) for 2014, and 
1.903 million lb (0.863 million kg) for 2015 and subsequent fishing 
years. The recreational ACTs for gag, in gutted weight, are 1.031 
million lb (0.468 million kg) for 2012, 1.287 million lb (0.584 million 
kg) for 2013, 1.519 million lb (0.689 million kg) for 2014, and 1.708 
million lb (0.775 million kg) for 2015 and subsequent fishing years.
    (e) Red grouper--(1) Commercial sector. The IFQ program for groupers 
and tilefishes in the Gulf of Mexico serves as the accountability 
measure for commercial red grouper. The applicable commercial ACL for 
red grouper, in gutted weight, for 2012 and subsequent fishing years is 
6.03 million lb (2.735 million kg).
    (2) Recreational sector. (i) Without regard to overfished status, if 
red grouper recreational landings, as estimated by the SRD, reach or are 
projected to reach the applicable ACL specified in paragraph (e)(2)(iv) 
of this section, the AA will file a notification with the Office of the 
Federal Register, to close the recreational sector for the remainder of 
the fishing year. On and after the effective date of such a 
notification, the bag and possession limit of red grouper in or from the 
Gulf EEZ is zero. This bag and possession limit applies in the Gulf on 
board a vessel for which a valid Federal charter vessel/headboat permit 
for Gulf reef fish has been issued, without regard to where such species 
were harvested, i.e. in state or Federal waters.
    (ii) Without regard to overfished status, and in addition to the 
measures specified in paragraph (e)(2)(i) of this section, if red 
grouper recreational landings, as estimated by the SRD, exceed the 
applicable ACL specified in paragraph (e)(2)(iv) of this section, the AA 
will file a notification with the Office of the Federal Register to 
maintain the red grouper ACT, specified in paragraph (e)(2)(iv) of this 
section, for

[[Page 283]]

that following fishing year at the level of the prior year's ACT, unless 
the best scientific information available determines that maintaining 
the prior year's ACT is unnecessary. In addition, the notification will 
reduce the length of the recreational red grouper fishing season the 
following fishing year by the amount necessary to ensure red grouper 
recreational landings do not exceed the recreational ACT in the 
following fishing year.
    (iii) If red grouper are overfished, based on the most recent Status 
of U.S. Fisheries Report to Congress, and red grouper recreational 
landings, as estimated by the SRD, exceed the applicable ACL specified 
in paragraph (e)(2)(iv) of this section, the following measures will 
apply. In addition to the measures specified in paragraphs (e)(2)(i) and 
(ii) of this section, the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the ACL 
overage in the prior fishing year, and reduce the ACT, as determined in 
paragraph (e)(2)(ii) of this section, by the amount of the ACL overage 
in the prior fishing year, unless the best scientific information 
available determines that a greater, lesser, or no overage adjustment is 
necessary.
    (iv) The recreational ACL for red grouper, in gutted weight, is 1.90 
million lb (0.862 million kg) for 2012 and subsequent fishing years. The 
recreational ACT for red grouper, in gutted weight, is 1.730 million lb 
(0.785 million kg) for 2012 and subsequent fishing years.
    (f) Deep-water grouper (DWG) combined (including yellowedge grouper, 
warsaw grouper, snowy grouper, and speckled hind)--(1) Commercial 
sector. The IFQ program for groupers and tilefishes in the Gulf of 
Mexico serves as the accountability measure for commercial DWG. The 
commercial ACT for DWG is equal to the applicable quota specified in 
Sec. 622.39(a)(1)(ii). The commercial ACL for DWG, in gutted weight, is 
1.160 million lb (0.526 million kg) for 2014, 1.150 million lb (0.522 
million kg) for 2015, and 1.070 million lb (0.485 million kg) for 2016 
and subsequent fishing years.
    (2) Recreational sector. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock 
complex ACL specified in paragraph (f)(3) of this section, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the applicable ACL specified 
in paragraph (f)(3) of this section, the AA will file a notification 
with the Office of the Federal Register to close the recreational sector 
for the remainder of that fishing year.
    (3) The stock complex ACLs for DWG, in gutted weight, are 1.216 
million lb (0.552 million kg) for 2012, 1.207 million lb (0.547 million 
kg) for 2013, 1.198 million lb (0.543 million kg) for 2014, 1.189 
million lb (0.539 million kg) for 2015, and 1.105 million lb (0.501 
million kg) for 2016 and subsequent years.
    (g) Tilefishes combined (including goldface tilefish, blueline 
tilefish, and tilefish)--(1) Commercial sector. The IFQ program for 
groupers and tilefishes in the Gulf of Mexico serves as the 
accountability measure for commercial tilefishes. The commercial ACT for 
tilefishes is equal to the quota specified in Sec. 622.39(a)(1)(iv). 
The commercial ACL for tilefishes, in gutted weight, is 606,000 lb 
(274,877 kg).
    (2) Recreational sector. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock 
complex ACL specified in paragraph (g)(3) of this section, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the applicable ACL specified 
in paragraph (g)(3) of this section, the AA will file a notification 
with the Office of the Federal Register to close the recreational sector 
for the remainder of that fishing year.
    (3) The stock complex ACL for tilefishes is 608,000 lb (275,784 kg), 
gutted weight.
    (h) Lesser amberjack, almaco jack, and banded rudderfish, combined. 
If the sum of the commercial and recreational landings, as estimated by 
the SRD, exceeds the stock complex ACL, then during the following 
fishing year, if the sum of commercial and recreational landings reaches 
or is projected to reach the stock complex ACL, the AA

[[Page 284]]

will file a notification with the Office of the Federal Register to 
close the commercial and recreational sectors for the remainder of that 
fishing year. The stock complex ACL for lesser amberjack, almaco jack, 
and banded rudderfish, is 312,000 lb (141,521 kg), round weight.
    (i) Silk snapper, queen snapper, blackfin snapper, and wenchman, 
combined. If the sum of the commercial and recreational landings, as 
estimated by the SRD, exceeds the stock complex ACL, then during the 
following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock complex ACL, the AA 
will file a notification with the Office of the Federal Register to 
close the commercial and recreational sectors for the remainder of that 
fishing year. The stock complex ACL for silk snapper, queen snapper, 
blackfin snapper, and wenchman, is 166,000 lb (75,296 kg), round weight.
    (j) Vermilion snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, reaches or is projected to reach the 
stock ACL, the AA will file a notification with the Office of the 
Federal Register to close the commercial and recreational sectors for 
the remainder of the fishing year. The stock ACL for vermilion snapper 
is 3.42 million lb (1.55 million kg), round weight.
    (k) Lane snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock ACL, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of that fishing 
year. The stock ACL for lane snapper is 301,000 lb (136,531 kg), round 
weight.
    (l) Gray snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock ACL, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of that fishing 
year. The stock ACL for gray snapper is 2.42 million lb (1.10 million 
kg), round weight.
    (m) Cubera snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock ACL, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of that fishing 
year. The stock ACL for cubera snapper is 5,065 lb (2,297 kg), round 
weight.
    (n) Yellowtail snapper. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
then during the following fishing year, if the sum of commercial and 
recreational landings reaches or is projected to reach the stock ACL, 
the AA will file a notification with the Office of the Federal Register 
to close the commercial and recreational sectors for the remainder of 
that fishing year. The stock ACL for yellowtail snapper is 901,125 lb 
(408,743 kg), round weight.
    (o) Mutton snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, then during 
the following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock ACL, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of that fishing 
year. The stock ACL for mutton snapper is 203,000 lb (92,079 kg), round 
weight.
    (p) Hogfish. If the sum of the commercial and recreational landings, 
as estimated by the SRD, exceeds the stock ACL, then during the 
following fishing year, if the sum of commercial and recreational 
landings reaches or is projected to reach the stock ACL, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of that fishing 
year. The stock ACL for hogfish is 208,000 lb (94,347 kg), round weight.
    (q) Red snapper--(1) Commercial sector. The IFQ program for red 
snapper in the

[[Page 285]]

Gulf of Mexico serves as the accountability measure for commercial red 
snapper. The commercial ACL for red snapper is equal to the applicable 
commercial quota specified in Sec. 622.39(a)(1)(i).
    (2) Recreational sector. (i) The recreational ACL is equal to the 
total recreational quota specified in Sec. 622.39(a)(2)(i)(A). The AA 
will determine the length of the red snapper recreational fishing 
season, or recreational fishing seasons for the Federal charter vessel/
headboat and private angling components, based on when recreational 
landings are projected to reach the recreational ACT, or respective 
recreational component ACT specified in paragraph (q)(2)(iii) of this 
section, and announce the closure date(s) in the Federal Register. These 
seasons will serve as in-season accountability measures. On and after 
the effective date of the recreational closure or recreational component 
closure notifications, the bag and possession limit for red snapper or 
for the respective component is zero. When the recreational sector or 
Federal charter vessel/headboat component is closed, this bag and 
possession limit applies in the Gulf on board a vessel for which a valid 
Federal charter vessel/headboat permit for Gulf reef fish has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters.
    (ii) In addition to the measures specified in paragraph (q)(2)(i) of 
this section, if red snapper recreational landings, as estimated by the 
SRD, exceed the total recreational quota specified in Sec. 
622.39(a)(2)(i)(A), and red snapper are overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register to reduce the total 
recreational quota by the amount of the quota overage in the prior 
fishing year, and reduce the applicable recreational component quota(s) 
specified in Sec. 622.39(a)(2)(i)(B) and (C) and the applicable 
recreational component ACT(s) specified in paragraph (q)(2)(iii) of this 
section (based on the buffer between the total recreational ACT and the 
total recreational quota specified in the FMP), unless NMFS determines 
based upon the best scientific information available that a greater, 
lesser, or no overage adjustment is necessary.
    (iii) Recreational ACT for red snapper--(A) Total recreational ACT 
(Federal charter vessel/headboat and private angling component ACTs 
combined). (1) For fishing year 2015--5.606 million lb (2.543 million 
kg), round weight.
    (2) For fishing year 2016--5.754 million lb (2.610 million kg), 
round weight.
    (3) For fishing year 2017 and subsequent fishing years--5.661 
million lb (2.568 million kg), round weight.
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component ACT is effective for 
only the 2015, 2016, and 2017 fishing years. For the 2018 and subsequent 
fishing years, the applicable total recreational quota specified in 
Sec. 622.39(a)(2)(i)(A) will apply to the recreational sector.
    (1) For fishing year 2015--2.371 million lb (1.075 million kg), 
round weight.
    (2) For fishing year 2016--2.434 million lb (1.104 million kg), 
round weight.
    (3) For fishing year 2017--2.395 million lb (1.086 million kg), 
round weight.
    (C) Private angling component ACT. The private angling component ACT 
applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective for only 
the 2015, 2016, and 2017 fishing years. For the 2018 and subsequent 
fishing years, the applicable total recreational quota specified in 
Sec. 622.39(a)(2)(i)(A) will apply to the recreational sector.
    (1) For fishing year 2015--3.234 million lb (1.467 million kg), 
round weight.
    (2) For fishing year 2016--3.320 million lb (1.506 million kg), 
round weight.
    (3) For fishing year 2017--3.266 million lb (1.481 million kg), 
round weight.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 40044, July 3, 2013; 78 
FR 46822, Aug. 2, 2013; 79 FR 27768, May 15, 2014; 79 FR 72557, Dec. 8, 
2014; 80 FR 14331, Mar. 19, 2015; 80 FR 18553, Apr. 7, 2015; 80 FR 
22430, Apr. 22, 2015; 80 FR 24835, May 1, 2015; 80 FR 58219, Sept. 28, 
2015; 80 FR 74001, Nov 27, 2015; 80 FR 75436, Dec. 2, 2015; 81 FR 25583, 
Apr. 28, 2016]

[[Page 286]]



Sec. 622.42  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the Reef 
Fish Resources of the Gulf of Mexico, the RA may establish or modify the 
items specified in paragraph (a) of this section for Gulf reef fish.
    (a) For a species or species group: Reporting and monitoring 
requirements, permitting requirements, bag and possession limits 
(including a bag limit of zero), size limits, vessel trip limits, closed 
seasons or areas and reopenings, annual catch limits (ACLs), annual 
catch targets (ACTs), quotas (including a quota of zero), accountability 
measures (AMs), MSY (or proxy), OY, management parameters such as 
overfished and overfishing definitions, gear restrictions (ranging from 
regulation to complete prohibition), gear markings and identification, 
vessel markings and identification, acceptable biological catch (ABC) 
and ABC control rules, rebuilding plans, and restrictions relative to 
conditions of harvested fish (maintaining fish in whole condition, use 
as bait).
    (b) [Reserved]



Sec. 622.43  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ. Commercial trip limits apply as follows:
    (a) Gulf greater amberjack. Until the quota specified in Sec. 
622.39(a)(1)(v) is reached, 1,500 lb (680 kg), gutted weight; 1,560 lb 
(708 kg), round weight. See Sec. 622.39(b) for the limitations 
regarding greater amberjack after the quota is reached.
    (b) Gray triggerfish. Until the commercial ACT (commercial quota) 
specified in Sec. 622.39(a)(1)(vi) is reached--12 fish. See Sec. 
622.39(b) for the limitations regarding gray triggerfish after the 
commercial ACT (commercial quota) is reached.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 80 
FR 75436, Dec. 2, 2015]



             Subpart C_Shrimp Fishery of the Gulf of Mexico



Sec. 622.50  Permits, permit moratorium, and endorsements.

    (a) Gulf shrimp permit. For a person aboard a vessel to fish for 
shrimp in the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a 
commercial vessel permit for Gulf shrimp must have been issued to the 
vessel and must be on board. See paragraph (b) of this section regarding 
a moratorium on commercial vessel permits for Gulf shrimp and the 
associated provisions. See paragraph (c) of this section, regarding an 
additional endorsement requirement related to royal red shrimp.
    (b) Moratorium on commercial vessel permits for Gulf shrimp. The 
provisions of this paragraph (b) are applicable through October 26, 
2026.
    (1) Moratorium permits are required. The only valid commercial 
vessel permits for Gulf shrimp are commercial vessel moratorium permits 
for Gulf shrimp. In accordance with the procedures specified in the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico 
(Gulf Shrimp FMP), all commercial vessel moratorium permits for Gulf 
shrimp have been issued. No additional permits will be issued.
    (2) Permit transferability. Commercial vessel moratorium permits for 
Gulf shrimp are fully transferable, with or without the sale of the 
vessel. To request that the RA transfer a commercial vessel moratorium 
permit for Gulf shrimp, the owner of a vessel that is to receive the 
transferred permit must complete the transfer information on the reverse 
of the permit and return the permit and a completed application for 
transfer to the RA. Transfer documents must be notarized as specified in 
Sec. 622.4(f)(1).
    (3) Renewal. (i) Renewal of a commercial vessel moratorium permit 
for Gulf shrimp is contingent upon compliance with the recordkeeping and 
reporting requirements for Gulf shrimp specified in Sec. 622.51(a).

[[Page 287]]

    (ii) A commercial vessel moratorium permit for Gulf shrimp that is 
not renewed will be terminated and will not be reissued during the 
moratorium. A permit is considered to be not renewed when an application 
for renewal, as required, is not received by the RA within 1 year of the 
expiration date of the permit.
    (c) Gulf royal red shrimp endorsement. For a person aboard a vessel 
to fish for royal red shrimp in the Gulf EEZ or possess royal red shrimp 
in or from the Gulf EEZ, a commercial vessel permit for Gulf shrimp with 
a Gulf royal red shrimp endorsement must be issued to the vessel and 
must be on board.
    (d) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to, application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 47735, July 22, 2016]



Sec. 622.51  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators--(1) General reporting 
requirement. The owner or operator of a vessel that fishes for shrimp in 
the Gulf EEZ or in adjoining state waters, or that lands shrimp in an 
adjoining state, must provide information for any fishing trip, as 
requested by the SRD, including, but not limited to, vessel 
identification, gear, effort, amount of shrimp caught by species, shrimp 
condition (heads on/heads off), fishing areas and depths, and person to 
whom sold.
    (2) Electronic logbook reporting. The owner or operator of a vessel 
for which a Federal commercial vessel permit for Gulf shrimp has been 
issued and who is selected by the SRD must participate in the NMFS-
sponsored electronic logbook reporting program as directed by the SRD. 
In addition, such owner or operator must provide information regarding 
the size and number of shrimp trawls deployed and the type of bycatch 
reduction device (BRD) and turtle excluder device used, as directed by 
the SRD. Compliance with the reporting requirements of this paragraph 
(a)(2) is required for permit renewal.
    (3) Vessel and Gear Characterization Form. All owners or operators 
of vessels applying for or renewing a commercial vessel moratorium 
permit for Gulf shrimp must complete an annual Gulf Shrimp Vessel and 
Gear Characterization Form. The form will be provided by NMFS at the 
time of permit application and renewal. Compliance with this reporting 
requirement is required for permit issuance and renewal.
    (4) Landings report. The owner or operator of a vessel for which a 
Federal commercial vessel permit for Gulf shrimp has been issued must 
annually report the permitted vessel's total annual landings of shrimp 
and value, by species, on a form provided by the SRD. Compliance with 
this reporting requirement is required for permit renewal.
    (b) Gulf shrimp dealers. A person who purchases shrimp from a 
vessel, or person, that fishes for shrimp in the Gulf EEZ or in 
adjoining state waters, or that lands shrimp in an adjoining state, must 
provide the following information when requested by the SRD:
    (1) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (2) Amount of shrimp received by species and size category for each 
receipt.
    (3) Ex-vessel value, by species and size category, for each receipt.



Sec. 622.52  At-sea observer coverage.

    (a) Required coverage. A vessel for which a Federal commercial 
vessel permit for Gulf shrimp has been issued must carry a NMFS-approved 
observer, if the vessel's trip is selected by the SRD for observer 
coverage. Vessel permit renewal is contingent upon compliance with this 
paragraph (a).
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:

[[Page 288]]

    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.53  Bycatch reduction device (BRD) requirements.

    (a) BRD requirement for Gulf shrimp. On a shrimp trawler in the Gulf 
EEZ, each net that is rigged for fishing must have a BRD installed that 
is listed in paragraph (a)(3) of this section and is certified or 
provisionally certified for the area in which the shrimp trawler is 
located, unless exempted as specified in paragraphs (a)(1)(i) through 
(iv) of this section. A trawl net is rigged for fishing if it is in the 
water, or if it is shackled, tied, or otherwise connected to a sled, 
door, or other device that spreads the net, or to a tow rope, cable, 
pole, or extension, either on board or attached to a shrimp trawler.
    (1) Exemptions from BRD requirement--(i) Royal red shrimp exemption. 
A shrimp trawler is exempt from the requirement to have a certified or 
provisionally certified BRD installed in each net provided that at least 
90 percent (by weight) of all shrimp on board or offloaded from such 
trawler are royal red shrimp.
    (ii) Try net exemption. A shrimp trawler is exempt from the 
requirement to have a certified or provisionally certified BRD installed 
in a single try net with a headrope length of 16 ft (4.9 m) or less 
provided the single try net is either placed immediately in front of 
another net or is not connected to another net.
    (iii) Roller trawl exemption. A shrimp trawler is exempt from the 
requirement to have a certified or provisionally certified BRD installed 
in up to two rigid-frame roller trawls that are 16 ft (4.9 m) or less in 
length used or possessed on board. A rigid-frame roller trawl is a trawl 
that has a mouth formed by a rigid frame and a grid of rigid vertical 
bars; has rollers on the lower horizontal part of the frame to allow the 
trawl to roll over the bottom and any obstruction while being towed; and 
has no doors, boards, or similar devices attached to keep the mouth of 
the trawl open.
    (iv) BRD certification testing exemption. A shrimp trawler that is 
authorized by the RA to participate in the pre-certification testing 
phase or to test a BRD in the EEZ for possible certification, has such 
written authorization on board, and is conducting such test in 
accordance with the ``Bycatch Reduction Device Testing Manual'' is 
granted a limited exemption from the BRD requirement specified in this 
section. The exemption from the BRD requirement is limited to those 
trawls that are being used in the certification trials. All other trawls 
rigged for fishing must be equipped with certified or provisionally 
certified BRDs.
    (2) Procedures for certification and decertification of BRDs. The 
process for the certification of BRDs consists of two phases--an 
optional pre-certification phase and a required certification phase. The 
RA may also provisionally certify a BRD.
    (i) Pre-certification. The pre-certification phase allows a person 
to test and evaluate a new BRD design for up to 60 days without being 
subject to the observer requirements and rigorous testing requirements 
specified for certification testing in the ``Bycatch Reduction Device 
Testing Manual.''
    (A) A person who wants to conduct pre-certification phase testing 
must submit an application to the RA, as specified in the ``Bycatch 
Reduction Device Testing Manual.'' The ``Bycatch Reduction Device 
Testing Manual,'' which is available from the RA, upon request, contains 
the application forms.

[[Page 289]]

    (B) After reviewing the application, the RA will determine whether 
to issue a letter of authorization (LOA) to conduct pre-certification 
trials upon the vessel specified in the application. If the RA 
authorizes pre-certification, the RA's LOA must be on board the vessel 
during any trip involving the BRD testing.
    (ii) Certification. A person who proposes a BRD for certification 
for use in the Gulf EEZ must submit an application to test such BRD, 
conduct the testing, and submit the results of the test in accordance 
with the ``Bycatch Reduction Device Testing Manual.'' The RA will issue 
a LOA to conduct certification trials upon the vessel specified in the 
application if the RA finds that: The operation plan submitted with the 
application meets the requirements of the ``Bycatch Reduction Device 
Testing Manual''; the observer identified in the application is 
qualified; and the results of any pre-certification trials conducted 
have been reviewed and deemed to indicate a reasonable scientific basis 
for conducting certification testing. If authorization to conduct 
certification trials is denied, the RA will provide a letter of 
explanation to the applicant, together with relevant recommendations to 
address the deficiencies resulting in the denial. To be certified for 
use in the fishery, the BRD candidate must successfully demonstrate a 
30-percent reduction in total weight of finfish bycatch. In addition, 
the BRD candidate must satisfy the following conditions: There is at 
least a 50-percent probability the true reduction rate of the BRD 
candidate meets the bycatch reduction criterion and there is no more 
than a 10-percent probability the true reduction rate of the BRD 
candidate is more than 5 percentage points less than the bycatch 
reduction criterion. If a BRD meets both conditions, consistent with the 
``Bycatch Reduction Device Testing Manual,'' NMFS, through appropriate 
rulemaking procedures, will add the BRD to the list of certified BRDs in 
paragraph (a)(3) of this section; and provide the specifications for the 
newly certified BRD, including any special conditions deemed appropriate 
based on the certification testing results.
    (iii) Provisional certification. Based on data provided consistent 
with the ``Bycatch Reduction Device Testing Manual,'' the RA may 
provisionally certify a BRD if there is at least a 50-percent 
probability the true reduction rate of the BRD is no more than 5 
percentage points less than the bycatch reduction criterion, i.e., 25 
percent reduction in total weight of finfish bycatch. Through 
appropriate rulemaking procedures, NMFS will add the BRD to the list of 
provisionally certified BRDs in paragraph (a)(3) of this section; and 
provide the specifications for the BRD, including any special conditions 
deemed appropriate based on the certification testing results. A 
provisional certification is effective for 2 years from the date of 
publication of the notification in the Federal Register announcing the 
provisional certification.
    (iv) Decertification. The RA will decertify a BRD if NMFS determines 
the BRD does not meet the requirements for certification or provisional 
certification. Before determining whether to decertify a BRD, the RA 
will notify the Gulf of Mexico Fishery Management Council in writing, 
and the public will be provided an opportunity to comment on the 
advisability of any proposed decertification. The RA will consider any 
comments from the Council and public, and if the RA elects to decertify 
the BRD, the RA will proceed with decertification via appropriate 
rulemaking.
    (3) Certified and provisionally certified BRDs--(i) Certified BRDS. 
The following BRDs are certified for use in the Gulf EEZ. Specifications 
of these certified BRDs are contained in Appendix D to this part.
    (A) Fisheye--see Appendix D to part 622 for separate specifications 
in the Gulf and South Atlantic EEZ.
    (B) Jones-Davis.
    (C) Modified Jones-Davis.
    (D) Cone Fish Deflector Composite Panel.
    (E) Square Mesh Panel (SMP) Composite Panel.
    (ii) [Reserved]
    (b) [Reserved]



Sec. 622.54  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more

[[Page 290]]

broadly to multiple fisheries or in some cases all fisheries.
    (a) Traps for royal red shrimp in the Gulf EEZ and transfer at sea. 
A trap may not be used to fish for royal red shrimp in the Gulf EEZ. 
Possession of a trap and royal red shrimp on board a vessel is 
prohibited. A trap used to fish for royal red shrimp in the Gulf EEZ may 
be disposed of in any appropriate manner by the Assistant Administrator 
or an authorized officer. In addition, royal red shrimp cannot be 
transferred in the Gulf EEZ, and royal red shrimp taken in the Gulf EEZ 
cannot be transferred at sea regardless of where the transfer takes 
place.
    (b) [Reserved]



Sec. 622.55  Closed areas.

    (a) Texas closure. (1) From 30 minutes after official sunset on May 
15 to 30 minutes after official sunset on July 15, trawling, except 
trawling for royal red shrimp beyond the 100-fathom (183-m) depth 
contour, is prohibited in the Gulf EEZ off Texas.
    (2) In accordance with the procedures and restrictions of the Gulf 
Shrimp FMP, the RA may adjust the closing and/or opening date of the 
Texas closure to provide an earlier, later, shorter, or longer closure, 
but the duration of the closure may not exceed 90 days or be less than 
45 days. Notification of the adjustment of the closing or opening date 
will be published in the Federal Register.
    (b) Southwest Florida seasonal trawl closure. From January 1 to 1 
hour after official sunset on May 20, each year, trawling, including 
trawling for live bait, is prohibited in that part of the Gulf EEZ 
shoreward of rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
B\1\........................  26 deg.16.0'          81 deg.58.5'
C...........................  26 deg.00.0'          82 deg.04.0'
D...........................  25 deg.09.0'          81 deg.47.6'
E...........................  24 deg.54.5'          81 deg.50.5'
M\1\........................  24 deg.49.3'          81 deg.46.4'
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.

    (c) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is 
closed to trawling. The Tortugas shrimp sanctuary is that part of the 
EEZ off Florida shoreward of rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
N \1\.......................  25 deg.52.9'          81 deg.37.9'
F...........................  24 deg.50.7'          81 deg.51.3'
G \2\.......................  24 deg.40.1'          82 deg.26.7'
H \3\.......................  24 deg.34.7'          82 deg.35.2'
P \4\.......................  24 deg.35.0'          82 deg.08.0'
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Rocks Light.
\3\ Rebecca Shoal Light.
\4\ Marquessas Keys.

    (2) The provisions of paragraph (c)(1) of this section 
notwithstanding--
    (i) Effective from April 11 through September 30, each year, that 
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting 
the following points is open to trawling: From point T at 24 deg.47.8' 
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W at 
24 deg.43.6' N. lat., 82 deg.15.0' W. long.
    (ii) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (c)(2)(i) of this section, to point G, 
as specified in paragraph (c)(1) of this section.
    (iii) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (d)(1) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (c)(2)(i) of 
this section.
    (d) Closures of the Gulf shrimp fishery to reduce red snapper 
bycatch. During a closure implemented in accordance with this paragraph 
(d), trawling is prohibited within the specified closed area(s).

[[Page 291]]

    (1) Procedure for determining need for and extent of closures. Each 
year, in accordance with the applicable framework procedure established 
in the Gulf Shrimp FMP, the RA will, if necessary, establish a seasonal 
area closure for the shrimp fishery in all or a portion of the areas of 
the Gulf EEZ specified in paragraphs (d)(2) through (d)(4) of this 
section. The RA's determination of the need for such closure and its 
geographical scope and duration will be based on an annual assessment, 
by the Southeast Fisheries Science Center, of the shrimp effort and 
associated shrimp trawl bycatch mortality on red snapper in the 10-30 
fathom area of statistical zones 10-21, compared to the 67-percent 
target reduction of shrimp trawl bycatch mortality on red snapper from 
the benchmark years of 2001-2003 established in the FMP (which 
corresponds in terms of annual shrimp effort to 27,328 days fished). The 
framework procedure provides for adjustment of this target reduction 
level, consistent with the red snapper stock rebuilding plan and the 
findings of subsequent stock assessments, via appropriate rulemaking. 
The assessment will use shrimp effort data for the most recent 12-month 
period available and will include a recommendation regarding the 
geographical scope and duration of the closure. The Southeast Fisheries 
Science Center's assessment will be provided to the RA on or about March 
1 of each year. If the RA determines that a closure is necessary, the 
closure falls within the scope of the potential closures evaluated in 
the Gulf Shrimp FMP, and good cause exists to waive notice and comment, 
NMFS will implement the closure by publication of a final rule in the 
Federal Register. If such good cause waiver is not justified, NMFS will 
implement the closure via appropriate notice and comment rulemaking. 
NMFS intends that any closure implemented consistent with this paragraph 
(l) will begin on the same date and time as the Texas closure unless 
circumstances dictate otherwise.
    (2) Eastern zone. The eastern zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  29 deg.14'            88 deg.57'
B...........................  29 deg.24'            88 deg.34'
C...........................  29 deg.34'            87 deg.38'
D...........................  30 deg.04'            87 deg.00'
E...........................  30 deg.04'            88 deg.41'
F...........................  29 deg.36'            88 deg.37'
G...........................  29 deg.21'            88 deg.59'
A...........................  29 deg.14'            88 deg.57'
------------------------------------------------------------------------

    (3) Louisiana zone. The Louisiana zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  29 deg.09.1'          93 deg.41.4'
B...........................  29 deg.09.25'         92 deg.36'
C...........................  28 deg.35'            90 deg.44'
D...........................  29 deg.09'            89 deg.48'
E...........................  28 deg.57'            89 deg.34'
F...........................  28 deg.40'            90 deg.09'
G...........................  28 deg.18'            90 deg.33'
H...........................  28 deg.25'            91 deg.37'
I...........................  28 deg.21.7'          93 deg.28.4'
A...........................  29 deg.09.1'          93 deg.41.4'
------------------------------------------------------------------------

    (4) Texas zone. The Texas zone is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  29 deg.09.1'          93 deg.41.4'
B...........................  28 deg.44'            95 deg.15'
C...........................  28 deg.11'            96 deg.17'
D...........................  27 deg.44'            96 deg.53'
E...........................  27 deg.02'            97 deg.11'
F...........................  26 deg.00.5'          96 deg.57.3'
G...........................  26 deg.00.5'          96 deg.35.85'
H...........................  26 deg.24'            96 deg.36'
I...........................  26 deg.49'            96 deg.52'
J...........................  27 deg.12'            96 deg.51'
K...........................  27 deg.39'            96 deg.33'
L...........................  27 deg.55'            96 deg.04'
M...........................  28 deg.21.7'          93 deg.28.4'
A...........................  29 deg.09.1'          93 deg.41.4'
------------------------------------------------------------------------

    (e) Shrimp/stone crab separation zones. Five zones are established 
in the Gulf EEZ and Florida's waters off Citrus and Hernando Counties 
for the separation of shrimp trawling and stone crab trapping. Although 
Zone II is entirely within Florida's waters, it is included in this 
paragraph (e) for the convenience of fishermen. Restrictions that apply 
to Zone II and those parts of the other zones that are in Florida's 
waters are contained in Rule 68B-38.001, Florida Administrative Code, in 
effect as of March 1, 2005 (incorporated by reference, see Sec. 
622.413). Geographical coordinates of the points referred to in this 
paragraph (e) are as follows:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  28 deg.59'30`         82 deg.45'36`

[[Page 292]]

 
B...........................  28 deg.59'30`         83 deg.00'10`
C...........................  28 deg.26'01`         82 deg.59'47`
D...........................  28 deg.26'01`         82 deg.56'54`
E...........................  28 deg.41'39`         82 deg.55'25`
F...........................  28 deg.41'39`         82 deg.56'09`
G...........................  28 deg.48'56`         82 deg.56'19`
H...........................  28 deg.53'51`         82 deg.51'19`
I \1\.......................  28 deg.54'43`         82 deg.44'52`
J \2\.......................  28 deg.51'09`         82 deg.44'00`
K...........................  28 deg.50'59`         82 deg.54'16`
L...........................  28 deg.41'39`         82 deg.53'56`
M \3\.......................  28 deg.41'39`         82 deg.38'46`
N...........................  28 deg.41'39`         82 deg.53'12`
O...........................  28 deg.30'51`         82 deg.55'11`
P...........................  28 deg.40'00`         82 deg.53'08`
Q...........................  28 deg.40'00`         82 deg.47'58`
R...........................  28 deg.35'14`         82 deg.47'47`
S...........................  28 deg.30'51`         82 deg.52'55`
T...........................  28 deg.27'46`         82 deg.55'09`
U...........................  28 deg.30'51`         82 deg.52'09`
------------------------------------------------------------------------
 \1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.

    (1) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A 
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ 
from October 5 through May 20, each year.
    (2) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M. 
Restrictions that apply to Zone II and those parts of the other zones 
that are in Florida's waters are contained in Rule 68B-38.001, Florida 
Administrative Code, in effect as of March 1, 2005 (incorporated by 
reference, see Sec. 622.413).
    (3) Zone III is enclosed by rhumb lines connecting, in order, points 
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III 
that is in the EEZ from October 5 through May 20, each year.
    (4) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (i) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ from October 5 through December 1 and from April 2 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ from December 2 through April 1, each year.
    (5) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (i) It is unlawful to place a stone crab trap in that part of Zone V 
that is in the EEZ from October 5 through November 30 and from March 16 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone V that is in the 
EEZ from December 1 through March 15, each year.



Sec. 622.56  Size limits.

    Shrimp not in compliance with the applicable size limit as specified 
in this section may not be possessed, sold, or purchased and must be 
released immediately with a minimum of harm. The operator of a vessel 
that fishes in the EEZ is responsible for ensuring that shrimp on board 
are in compliance with the size limit specified in this section.
    (a) White shrimp. White shrimp harvested in the Gulf EEZ are subject 
to the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.
    (b) [Reserved]



Sec. 622.57  [Reserved]



Sec. 622.58  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    (a) Royal red shrimp in the Gulf--(1) Commercial sector. If 
commercial landings, as estimated by the SRD, exceed the commercial ACL, 
then during the following fishing year, if commercial landings reach or 
are projected to reach the commercial ACL, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for the remainder of that fishing year. When the 
commercial sector is closed, royal red shrimp in or from the Gulf EEZ 
may not be retained, and the sale or purchase of royal red shrimp taken 
from the Gulf EEZ is prohibited. This prohibition on sale or purchase 
during a closure for royal red shrimp does not apply to royal red shrimp 
that were harvested, landed ashore, and sold prior to the date of the 
closure and were held in cold storage by a dealer or processor. The 
commercial ACL for royal red shrimp is 337,000 lb (152,861 kg), tail 
weight.
    (2) [Reserved]

[[Page 293]]

    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 15692, Mar. 25, 2015]



Sec. 622.59  Prevention of gear conflicts.

    (a) No person may knowingly place in the Gulf EEZ any article, 
including fishing gear, that interferes with fishing or obstructs or 
damages fishing gear or the fishing vessel of another; or knowingly use 
fishing gear in such a fashion that it obstructs or damages the fishing 
gear or fishing vessel of another.
    (b) In accordance with the procedures and restrictions of the Gulf 
Shrimp FMP, the RA may modify or establish separation zones for shrimp 
trawling and the use of fixed gear to prevent gear conflicts. Necessary 
prohibitions or restrictions will be published in the Federal Register.



Sec. 622.60  Adjustment of management measures.

    In accordance with the framework procedures of the Gulf Shrimp FMP, 
the RA may establish or modify the following:
    (a) Gulf penaeid shrimp. For a species or species group: Reporting 
and monitoring requirements, permitting requirements, size limits, 
vessel trip limits, closed seasons or areas and reopenings, quotas 
(including a quota of zero), MSY (or proxy), OY, management parameters 
such as overfished and overfishing definitions, gear restrictions 
(ranging from regulation to complete prohibition), gear markings and 
identification, vessel markings and identification, acceptable 
biological catch (ABC) and ABC control rules, rebuilding plans, 
restrictions relative to conditions of harvested shrimp (maintaining 
shrimp in whole condition, use as bait), target effort and fishing 
mortality reduction levels, bycatch reduction criteria, BRD 
certification and decertification criteria, BRD testing protocol and 
certified BRD specifications.
    (b) Gulf royal red shrimp. Reporting and monitoring requirements, 
permitting requirements, size limits, vessel trip limits, closed seasons 
or areas and reopenings, annual catch limits (ACLs), annual catch 
targets (ACTs), quotas (including a quota of zero), accountability 
measures (AMs), MSY (or proxy), OY, management parameters such as 
overfished and overfishing definitions, gear restrictions (ranging from 
regulation to complete prohibition), gear markings and identification, 
vessel markings and identification, ABC and ABC control rules, 
rebuilding plans, and restrictions relative to conditions of harvested 
shrimp (maintaining shrimp in whole condition, use as bait).

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 74712, Nov. 30, 2015]



          Subpart D_Coral and Coral Reefs of the Gulf of Mexico



Sec. 622.70  Permits.

    See Sec. 622.4 for information regarding general permit procedures 
including, but not limited to fees, duration, transfer, renewal, 
display, sanctions and denials, and replacement.
    (a) Required permits---(1) Allowable chemical. For an individual to 
take or possess fish or other marine organisms with an allowable 
chemical in a coral area, other than fish or other marine organisms that 
are landed in Florida, a Federal allowable chemical permit must have 
been issued to the individual. Such permit must be available when the 
permitted activity is being conducted and when such fish or other marine 
organisms are possessed, through landing ashore.
    (2) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf EEZ, a Federal aquacultured live rock 
permit must have been issued for the specific harvest site. Such permit, 
or a copy, must be on board a vessel depositing or possessing material 
on an aquacultured live rock site or harvesting or possessing live rock 
from an aquacultured live rock site.
    (3) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf prohibited coral only as scientific research activity, 
exempted fishing, or exempted educational activity. See Sec. 600.745 of 
this chapter for the procedures and limitations for such activities and 
fishing.
    (4) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities,

[[Page 294]]

without regard to whether they involve activities in the EEZ or 
Florida's waters:
    (i) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (ii) Landing allowable octocoral in Florida.
    (iii) Landing live rock in Florida.
    (b) Application. (1) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (2) An applicant must provide the following:
    (i) Name, address, telephone number, and other identifying 
information of the applicant.
    (ii) Name and address of any affiliated company, institution, or 
organization.
    (iii) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (iv) Any other information that may be necessary for the issuance or 
administration of the permit.
    (v) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (A) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (B) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (C) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (D) Describes the naturally occurring bottom habitat at the site; 
and
    (E) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.



Sec. 622.71  Recordkeeping and reporting.

    (a) Individuals with aquacultured live rock permits. (1) A person 
with a Federal aquacultured live rock permit must report to the RA each 
deposition of material on a site. Such reports must be postmarked not 
later than 7 days after deposition and must contain the following 
information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (2) A person who takes aquacultured live rock must submit a report 
of harvest to the RA. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.
    (b) [Reserved]



Sec. 622.72  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Power-assisted tools. A power-assisted tool may not be used in 
the Gulf EEZ to take prohibited coral or live rock.
    (b) [Reserved]



Sec. 622.73  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited coral. Gulf prohibited coral taken as incidental 
catch in the Gulf EEZ must be returned immediately to the sea in the 
general area of fishing. In fisheries where the entire catch is landed 
unsorted, such as the scallop and groundfish fisheries,

[[Page 295]]

unsorted prohibited coral may be landed ashore; however, no person may 
sell or purchase such prohibited coral.



Sec. 622.74  Area closures to protect Gulf corals.

    (a) West and East Flower Garden Banks HAPC. The following activities 
are prohibited year-round in the HAPC: Fishing with a bottom longline, 
bottom trawl, buoy gear, dredge, pot, or trap and bottom anchoring by 
fishing vessels.
    (1) West Flower Garden Bank. West Flower Garden Bank is bounded by 
rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  27 deg.]55'22.8`      93 deg.53'09.6`
B...........................  27 deg.55'22.8`       93 deg.46'46.0`
C...........................  27 deg.49'03.0`       93 deg.46'46.0`
D...........................  27 deg.49'03.0`       93 deg.53'09.6`
A...........................  27 deg.55'22.8`       93 deg.53'09.6`
------------------------------------------------------------------------

    (2) East Flower Garden Bank. East Flower Garden Bank is bounded by 
rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  27 deg.59'14.4`       93 deg.38'58.2`
B...........................  27 deg.59'14.4`       93 deg.34'03.5`
C...........................  27 deg.52'36.5`       93 deg.34'03.5`
D...........................  27'36.5`              93 deg.38'58.2`
A...........................  27 deg.59'14.4`       93 deg.38'58.2`
------------------------------------------------------------------------

    (b) Florida Middle Grounds HAPC. Fishing with a bottom longline, 
bottom trawl, dredge, pot, or trap is prohibited year-round in the area 
bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  28 deg.42.5'          84 deg.24.8'
B...........................  28 deg.42.5'          84 deg.16.3'
C...........................  28 deg.11.0'          84 deg.00.0'
D...........................  28 deg.11.0'          84 deg.07.0'
E...........................  28 deg.26.6'          84 deg.24.8'
A...........................  28 deg.42.5'          84 deg.24.8'
------------------------------------------------------------------------

    (c) Tortugas marine reserves HAPC. The following activities are 
prohibited within the Tortugas marine reserves HAPC: Fishing for any 
species and bottom anchoring by fishing vessels.
    (1) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 24 deg.40'00` N. 
lat., 83 deg.06'00` W. long. to point B at 24 deg.46'00` N. lat., 
83 deg.06'00` W. long. to point C at 24 deg.46'00` N. lat., 
83 deg.00'00` W. long.; thence along the line denoting the seaward limit 
of Florida's waters, as shown on the current edition of NOAA chart 
11434, to point A at 24 deg.40'00` N. lat., 83 deg.06'00` W. long.
    (2) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'00`         83 deg.09'00`
B...........................  24 deg.33'00`         83 deg.05'00`
C...........................  24 deg.18'00`         83 deg.05'00`
D...........................  24 deg.18'00`         83 deg.09'00`
A...........................  24 deg.33'00`         83 deg.09'00`
------------------------------------------------------------------------

    (d) Pulley Ridge HAPC. Fishing with a bottom longline, bottom trawl, 
buoy gear, pot, or trap and bottom anchoring by fishing vessels are 
prohibited year-round in the area of the HAPC bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.58'18`         83 deg.38'33`
B...........................  24 deg.58'18`         83 deg.37'00`
C...........................  24 deg.41'11`         83 deg.37'00`
D...........................  24 deg.40'00`         83 deg.41'22`
E...........................  24 deg.43'55`         83 deg.47'15`
A...........................  24 deg.58'18`         83 deg.38'33`
------------------------------------------------------------------------

    (e) Stetson Bank HAPC. Fishing with a bottom longline, bottom trawl, 
buoy gear, pot, or trap and bottom anchoring by fishing vessels are 
prohibited year-round in the HAPC, which is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  28 deg.10'38.3`       94 deg.18'36.5`
B...........................  28 deg.10'38.3`       94 deg.17'06.3`
C...........................  28 deg.09'18.6`       94 deg.17'06.3`
D...........................  28 deg.09'18.6`       94 deg.18'36.5`
A...........................  28 deg.10'38.3`       94 deg.18'36.5`
------------------------------------------------------------------------

    (f) McGrail Bank HAPC. Fishing with a bottom longline, bottom trawl, 
buoy gear, pot, or trap and bottom anchoring by fishing vessels are 
prohibited year-round in the HAPC, which is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  27 deg.59'06.0`       92 deg.37'19.2`
B...........................  27 deg.59'06.0`       92 deg.32'17.4`
C...........................  27 deg.55'55.5`       92 deg.32'17.4`
D...........................  27 deg.55'55.5`       92 deg.37'19.2`
A...........................  27 deg.59'06.0`       92 deg.37'19.2`
------------------------------------------------------------------------


[[Page 296]]



Sec. 622.75  Harvest limitations.

    (a) Aquacultured live rock. In the Gulf EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.70(a)(2), and aquacultured live rock on a site 
may be harvested only by the person, or his or her employee, contractor, 
or agent, who has been issued the aquacultured live rock permit for the 
site. A person harvesting aquacultured live rock is exempt from the 
prohibition on taking prohibited coral for such prohibited coral as 
attaches to aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.
    (E) Must be placed from a vessel that is anchored.
    (F) Must be distinguishable, geologically or otherwise (for example, 
be indelibly marked or tagged), from the naturally occurring substrate.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand.
    (4) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Office for Law Enforcement, Southeast 
Region, St. Petersburg, FL, by telephone (727-824-5344):
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) [Reserved]



Sec. 622.76  Restrictions on sale/purchase.

    (a) Gulf wild live rock. Wild live rock in or from the Gulf EEZ may 
not be sold or purchased. The prohibition on sale or purchase does not 
apply to wild live rock from the Gulf EEZ that was harvested and landed 
prior to January 1, 1997.
    (b) [Reserved]



Sec. 622.77  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for Coral and 
Coral Reefs of the Gulf of Mexico, the RA may establish or modify the 
following:
    (a) Gulf coral resources. For a species or species group: reporting 
and monitoring requirements, permitting requirements, bag and possession 
limits (including a bag limit of zero), size limits, vessel trip limits, 
closed seasons or areas and reopenings, annual catch limits (ACLs), 
annual catch targets (ACTs), quotas (including a quota of zero), 
accountability measures (AMs), MSY (or proxy), OY, TAC, management 
parameters such as overfished and overfishing definitions, gear 
restrictions (ranging from regulation to complete prohibition), gear 
markings and identification, vessel markings and identification, 
acceptable biological catch (ABC) and ABC control rules, rebuilding 
plans, sale and purchase restrictions, transfer at sea provisions, and 
restrictions relative to conditions of harvested corals.
    (b) [Reserved]



            Subpart E_Red Drum Fishery of the Gulf of Mexico

    Source: 79 FR 19494, Apr. 9, 2014, unless otherwise noted.



Sec. 622.90  Permits.

    (a) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Gulf red drum harvested in or from the EEZ, a Gulf and 
South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the

[[Page 297]]

applicant must have a valid state wholesaler's license in the state(s) 
where the dealer operates, if required by such state(s), and must have a 
physical facility at a fixed location in such state(s).
    (b) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.



Sec. 622.91  Recordkeeping and reporting.

    (a) Dealers. A dealer who first receives Gulf red drum must maintain 
records and submit information as specified in Sec. 622.5(c).
    (b) [Reserved]



Sec. 622.92  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Red drum. Red drum may not be harvested or possessed in or from 
the Gulf EEZ. Such fish caught in the Gulf EEZ must be released 
immediately with a minimum of harm.



Sec. 622.93  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the Red 
Drum Fishery of the Gulf of Mexico, the RA may establish or modify the 
following items:
    (a) Reporting and monitoring requirements, permitting requirements, 
bag and possession limits (including a bag limit of zero), size limits, 
vessel trip limits, closed seasons or areas and reopenings, annual catch 
limits (ACLs), annual catch targets (ACTs), quotas (including a quota of 
zero), accountability measures (AMs), MSY (or proxy), OY, TAC, 
management parameters such as overfished and overfishing definitions, 
gear restrictions (ranging from regulation to complete prohibition), 
gear markings and identification, vessel markings and identification, 
ABC and ABC control rules, rebuilding plans, sale and purchase 
restrictions, transfer at sea provisions, and restrictions relative to 
conditions of harvested fish (maintaining fish in whole condition, use 
as bait).
    (b) [Reserved]



       Subpart F_Offshore Marine Aquaculture in the Gulf of Mexico

    Source: 81 FR 1792, Jan. 13, 2016, unless otherwise noted.



Sec. 622.100  General.

    This subpart provides the regulatory structure for enabling 
environmentally sound and economically sustainable aquaculture in the 
Gulf EEZ. Offshore marine aquaculture activities are authorized by a 
Gulf aquaculture permit or Gulf aquaculture dealer permit issued under 
Sec. 622.101 and are conducted in compliance with the provisions of 
this subpart. Aquaculture of live rock is addressed elsewhere in this 
part and is exempt from the provisions of this subpart.
    (a) Electronic system requirements. (1) The administrative functions 
associated with this aquaculture program, e.g., registration and account 
setup, landing transactions and most reporting requirements, are 
intended to be accomplished online via the Southeast Regional Office's 
Web site at http://sero.nmfs.noaa.gov/sustainable--fisheries/gulf--
fisheries/aquaculture/ therefore, a participant must have access to a 
computer and Internet access and must set up an appropriate online 
aquaculture account to participate. Assistance with online functions is 
available from the Permits Office, Monday through Friday between 8 a.m. 
and 4:30 p.m. eastern time; telephone: 1 (877) 376-4877. If some online 
reporting functions are not available at the time of initial 
implementation of this aquaculture program, this will be indicated on 
the Web site and participants may comply by submitting the required 
information via email using the appropriate forms that are available on 
the Web site. Once online functions are available, participants must 
comply by using the online system unless alternative methods are 
specified.
    (2) The RA will mail each person who is issued a Gulf aquaculture 
permit or

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a Gulf aquaculture dealer permit information and instructions pertinent 
to using the online system and setting up an online aquaculture account. 
The RA also will mail each permittee a user identification number and 
will provide each permittee a personal identification number (PIN) in a 
subsequent letter. Each permittee must monitor his/her online account 
and all associated messages and comply with all online reporting 
requirements.
    (3) During catastrophic conditions only, the RA may authorize use of 
paper-based components for basic required functions as a backup to what 
would normally be reported electronically. The RA will determine when 
catastrophic conditions exist, the duration of the catastrophic 
conditions, and which participants or geographic areas are deemed 
affected by the catastrophic conditions. The RA will provide timely 
notice to affected participants via publication of notification in the 
Federal Register, NOAA weather radio, fishery bulletins, and other 
appropriate means and will authorize the affected participants' use of 
paper-based components for the duration of the catastrophic conditions. 
NMFS will provide each aquaculture permittee the necessary paper forms, 
sequentially coded, and instructions for submission of the forms to the 
RA. The paper forms also will be available from the RA. The program 
functions available to participants or geographic areas deemed affected 
by catastrophic conditions may be limited under the paper-based system. 
Assistance in complying with the requirements of the paper-based system 
will be available via the Permits Office, Monday through Friday between 
8 a.m. and 4:30 p.m., eastern time; telephone: 1 (877) 376-4877.
    (b) [Reserved]



Sec. 622.101  Permits.

    (a) Gulf aquaculture permit. For a person to deploy or operate an 
aquaculture facility in the Gulf EEZ or sell or attempt to sell, at the 
first point of sale, an allowable aquaculture species cultured in the 
Gulf EEZ, a Gulf aquaculture permit must have been issued to that person 
for that aquaculture facility, and the permit must be prominently 
displayed and available for inspection at the aquaculture facility. The 
permit number should also be included on the buoys or other floating 
devices used to mark the restricted access zone of the operation as 
specified in Sec. 622.104(c).
    (1) Eligibility requirement for a Gulf aquaculture permit. 
Eligibility for a Gulf aquaculture permit is limited to U.S. citizens as 
defined in the Immigration and Nationality Act of 1952, as amended, and 
permanent resident aliens lawfully accorded the privilege of residing 
permanently in the U.S. in accordance with U.S. immigration laws.
    (2) Application for a Gulf aquaculture permit. Application forms are 
available from the RA. A completed application form and all required 
supporting documents must be submitted by the applicant (in the case of 
a corporation, an officer; in the case of a partnership, a general 
partner) to the RA at least 180 days prior to the date the applicant 
desires the permit to be effective. An applicant must provide all 
information indicated on the application form including:
    (i) Applicant's name, address, and telephone number.
    (ii) Business name, address, telephone number, date the business was 
formed, and, if the applicant is a corporation, corporate structure and 
shareholder information.
    (iii) Information sufficient to document eligibility as a U.S. 
citizen or permanent resident alien.
    (iv) Description of the exact location (i.e., global positioning 
system (GPS) coordinates) and dimensions of the proposed aquaculture 
facility and proposed site, including a map of the site to scale.
    (v) A baseline environmental survey of the proposed aquaculture 
site. The assessment must be conducted, and the data, analyses, and 
results must be summarized and presented, consistent with the guidelines 
specified by NMFS. NMFS' guidelines will include methods and procedures 
for conducting diver and video surveys, measuring hydrographic 
conditions, collecting and analyzing benthic sediments and infauna,

[[Page 299]]

and measuring water quality characteristics. The guidelines will be 
available on the Web site and from the RA upon request.
    (vi) A list of allowable aquaculture species to be cultured; 
estimated start up production level by species; and the estimated 
maximum total annual poundage of each species to be harvested from the 
aquaculture facility.
    (vii) Name and address or specific location of each hatchery that 
would provide juvenile animals for grow-out at the proposed aquaculture 
facility located within the Gulf EEZ and a copy of all relevant, valid 
state or Federal aquaculture permits issued to the hatchery.
    (viii) A description of the aquaculture system(s) to be used, 
including the number, size and dimensions of the aquaculture system(s), 
a description of the mooring system(s) used to secure the aquaculture 
system(s), and documentation of the aquaculture system's ability to 
withstand physical stress, such as hurricanes, wave energy, etc., 
including a copy of any available engineering analysis.
    (ix) A description of the equipment and methods to be used for 
feeding, transporting, maintaining, and removing cultured species from 
aquaculture systems.
    (x) A copy of the valid USCG certificate of documentation or, if not 
documented, a copy of the valid state registration certificate for each 
vessel involved in the aquaculture operation; and documentation or 
identification numbers for any aircraft or vehicles involved.
    (xi) Documentation certifying that:
    (A) the applicant agrees to immediately remove cultured animals 
remaining in approved aquaculture systems from the Gulf EEZ as ordered 
by the RA if it is discovered that the animals are genetically 
engineered or transgenic;
    (B) the applicant agrees to immediately remove cultured animals 
remaining in approved aquaculture systems from the Gulf EEZ as ordered 
by the RA if fish are discovered to be infected with a World 
Organization of Animal Health (OIE) reportable pathogen that represents 
a new detection in the Gulf or a new detection for that cultured species 
in the U.S. is found at the facility, or additional pathogens that are 
subsequently identified as reportable pathogens in the National Aquatic 
Animal Health Plan (NAAHP), or any other pathogen determined by NMFS and 
APHIS to pose a significant threat to the health of wild aquatic 
organisms; and,
    (C) the applicant agrees to immediately remove all components of the 
aquaculture system and cultured animals remaining in approved 
aquaculture systems from the Gulf EEZ as ordered by the RA if there are 
any other violations of the permit conditions or regulations other than 
those listed in paragraphs (a)(2)(xi)(A) and (B) of this section which 
causes the RA to order such removal.
    (xii) Documentation certifying the applicant has obtained an 
assurance bond sufficient to cover the costs of removal of all 
components of the aquaculture facility, including cultured animals 
remaining in approved aquaculture systems, from the Gulf EEZ. The 
assurance bond would not be required to cover the costs of removing an 
oil and gas platform. The RA will provide applicants a form and 
associated guidance for complying with the assurance bond requirement. 
The applicant must also provide documentation certifying the applicant 
has established a standby trust fund into which any payments made 
towards the assurance bond can be deposited. The trustee of the standby 
trust may not be the same entity as the permittee. The assurance bond is 
payable at the discretion of the RA to a designee as specified in the 
bond or to a standby trust. When the RA directs the payment into a 
standby trust, all amounts paid by the assurance bond provider must be 
deposited directly into the standby trust fund for distribution by the 
trustee in accordance with the RA's instructions. A permittee will be 
deemed to be without the required financial assurance in the event of 
bankruptcy of the trustee or issuing institution, or a suspension or 
revocation of the authority of the trustee institution to act as trustee 
or of the institution issuing the assurance bond. The permittee must 
establish other financial assurance within 60 days after such an event.

[[Page 300]]

    (xiii) Certification by the applicant that all broodstock, or 
progeny of such wild broodstock, used to provide juveniles to the 
aquaculture facility will be or were originally harvested from U.S. 
waters of the Gulf, and will be or were from the same population or 
subpopulation (based on the best scientific information available) where 
the facility is located, and that each individual broodstock was marked 
or tagged at the hatchery to allow for identification of those 
individuals used in spawning.
    (xiv) Certification by the applicant that no genetically engineered 
or transgenic animals are used or possessed for culture purposes at the 
aquaculture facility.
    (xv) Copy of a contractual arrangement with an identified aquatic 
animal health expert to provide services to the aquaculture facility has 
been obtained. A copy of the license or certification also must be 
provided to NMFS.
    (xvi) A copy of an emergency disaster plan, developed for and to be 
used by the operator of the aquaculture facility, that includes, 
procedures for preparing or if necessary removing aquaculture systems, 
aquaculture equipment, and cultured animals in the event of a disaster 
(e.g., hurricane, tsunami, harmful algal bloom, chemical or oil spill, 
etc.);
    (xvii) Any other information concerning the aquaculture facility or 
its operations or equipment, as specified on the application form.
    (xviii) Any other information that may be necessary for the issuance 
or administration of the Gulf aquaculture permit, as specified on the 
application form.
    (b) Gulf aquaculture dealer permit. For a dealer to receive fish 
cultured by an aquaculture facility in the Gulf EEZ, that dealer must 
first obtain a Gulf aquaculture dealer permit. However, an owner or 
operator of an aquaculture facility with a Gulf aquaculture permit may 
purchase juvenile fish for grow-out from a hatchery located in the Gulf 
EEZ without obtaining a dealer permit. To obtain a dealer permit, the 
applicant must have a valid state wholesaler's license in the state(s) 
where the dealer operates, if required by such state(s), and must have a 
physical facility at a fixed location in such state(s).
    (1) Application for a Gulf aquaculture dealer permit. Application 
forms are available from the RA. The application must be submitted by 
the owner (in the case of a corporation, an officer; in the case of a 
partnership, a general partner). Completed application forms and all 
required supporting documents must be submitted to the RA at least 30 
days prior to the date on which the applicant desires to have the permit 
made effective. An applicant must provide the following:
    (i) A copy of each state wholesaler's license held by the dealer.
    (ii) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (iii) The address of each physical facility at a fixed location 
where the business receives fish from an aquaculture facility in the 
Gulf EEZ.
    (iv) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (v) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (2) [Reserved]
    (c) Permit requirements for other aquaculture-related activities. 
For a person to do any of the following, such person must have in his/
her possession and make available upon request by NMFS or an authorized 
officer, a copy of a valid Gulf aquaculture permit with an original (not 
copied) signature of the permit owner or owner's agent:
    (1) Possess or transport fish in or from the Gulf EEZ to be cultured 
at an aquaculture facility (e.g., brood stock, fingerlings) or possess 
or transport fish from an aquaculture facility for landing ashore and 
sale.
    (2) Operate, in support of aquaculture related activities, any 
vessel, vehicle, or aircraft authorized for use in operations related to 
an aquaculture facility, i.e., those registered for aquaculture 
operation use.
    (3) Harvest and retain on board a vessel live wild broodstock for 
use in an aquaculture facility regardless of

[[Page 301]]

where the broodstock is harvested or possessed.
    (d) Permit-related procedures--(1) Fees. A fee is charged for each 
application for a permit submitted under this section and for each 
request for renewal, transfer or replacement of such permit. The amount 
of each fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook, available from the RA, for determining the 
administrative costs of each special product or service. The fee may not 
exceed such costs and is specified with each application form. The 
appropriate fee must accompany each application or request for renewal, 
transfer or replacement.
    (2) Review and notifications regarding a Gulf aquaculture permit. 
(i) The RA will review each application and make a preliminary 
determination whether the application is complete. An application is 
complete when all requested forms, information, and documentation have 
been received. If the RA determines that an application is complete, 
notification of receipt of the application will be published in the 
Federal Register with a brief description of the proposal and specifying 
the intent of NMFS to issue a Gulf aquaculture permit. The public will 
be given up to 45 days to comment, and comments will be requested during 
public testimony at a Council meeting. The RA will consult with other 
Federal agencies, as appropriate, and the Council concerning the permit 
application during the period in which public comments have been 
requested. The RA will notify the applicant in advance of any Council 
meeting at which the application will be considered, and offer the 
applicant the opportunity to appear in support of the application. The 
RA may consider revisions to the application made by the applicant in 
response to public comment before approving or denying it.
    (ii) As soon as practicable after the opportunity for public comment 
ends, the RA will notify the applicant and the Council in writing of the 
decision to grant or deny the Gulf aquaculture permit. If the RA grants 
the permit, the RA will publish a notification of the permit approval in 
the Federal Register. If the RA denies the permit, the RA will advise 
the applicant, in writing, of the reasons for the denial and publish a 
notification in the Federal Register announcing the denial and the basis 
for it. Grounds for denial of a Gulf aquaculture permit include the 
following:
    (A) The applicant has failed to disclose material information or has 
made false statements with respect to any material fact, in connection 
with the Gulf aquaculture permit application;
    (B) Based on the best scientific information available, issuance of 
the permit would pose significant risk to wild fish stocks, marine 
mammals, threatened or endangered species, essential fish habitat, 
public health, or safety; or,
    (C) Activities proposed to be conducted under the Gulf aquaculture 
permit are inconsistent with aquaculture regulations in this section, 
the management objectives of the FMP, or the Magnuson-Stevens Act or 
other applicable law.
    (D) Use of the proposed site is denied based on the criteria set 
forth in Sec. 622.103(a)(4).
    (3) Initial issuance. (i) Upon receipt of an incomplete application, 
the RA will notify the applicant of the deficiency. If the applicant 
fails to correct the deficiency within 60 days of the date of the RA's 
letter of notification or request an extension of time by contacting the 
NMFS Southeast Regional Office before the end of the 60-day timeframe, 
the application will be considered abandoned.
    (ii) Prior to issuance of a Gulf aquaculture permit, a copy of 
currently valid Federal permits (e.g., ACOE Section 10 permit, and 
Environmental Protection Agency (EPA) National Pollutant Discharge 
Elimination System (NPDES) permit) applicable to the proposed 
aquaculture site, facilities, or operations, must be submitted to NMFS.
    (iii) The RA will issue an initial permit to an applicant after the 
review and notification procedures set forth in paragraph (d)(2)(i) of 
this section are complete and the decision to grant the permit is made 
under paragraph (d)(2)(ii) of this section. The initial permit will be 
issued 30 days after the RA notifies the applicant of the decision to

[[Page 302]]

grant the permit, unless NMFS receives a written request from the 
applicant before the end of the 30 day period to defer issuance of the 
permit. If the applicant requests a deferral, NMFS will include this 
information in the notification of permit approval published in the 
Federal Register as specified in paragraph (d)(2)(ii) of this section 
and will publish a Federal Register notice upon permit issuance. Permit 
issuance will be deferred for two years from the date of the RA 
notification unless the applicant sends a written request to NMFS to 
issue the permit at an earlier date. This written request must be 
received by NMFS at least 30 days prior to the date the applicant 
desires the permit to be effective.
    (4) Duration. A Gulf aquaculture permit will initially be issued for 
a 10-year period and may be renewed in 5-year increments thereafter. An 
aquaculture dealer permit is an annual permit and must be renewed 
annually. A permit remains valid for the period specified on it unless 
it is revoked, suspended, or modified pursuant to subpart D of 15 CFR 
part 904 or the aquaculture facility is sold and the permit has not been 
transferred or the dealership is sold. Once the aquaculture permit is no 
longer valid, all components of the aquaculture facility, including 
cultured animals remaining in approved aquaculture systems, must be 
removed immediately from the Gulf EEZ.
    (5) Transfer. (i) A Gulf aquaculture permit is transferable to an 
eligible person, i.e., a U.S. citizen or permanent resident alien if the 
geographic location of the aquaculture site remains unchanged. An 
eligible person who acquires an aquaculture facility that is currently 
permitted and who desires to conduct activities for which a permit is 
required may request that the RA transfer the permit to him/her. At 
least 30 days prior to the desired effective date of the transfer, such 
a person must complete and submit to the RA or via the Web site a permit 
transfer request form that is available from the RA. The permit transfer 
request form must be accompanied by the original Gulf aquaculture 
permit, a copy of a signed bill of sale or equivalent acquisition 
papers, and a written agreement between the transferor and transferee 
specifying who is assuming the responsibilities and liabilities 
associated with the Gulf aquaculture permit and the aquaculture 
facility, including all the terms and conditions associated with the 
original issuance of the Gulf aquaculture permit. All applicable permit 
requirements and conditions must be satisfied prior to a permit 
transfer, including any necessary updates, e.g., updates regarding 
required certifications, legal responsibility for assurance bond, other 
required permits, etc. The seller must sign the back of the Gulf 
aquaculture permit, and have the signed transfer document notarized. 
Final transfer of a Gulf aquaculture permit will occur only after the RA 
provides official notice to both parties that the transferee is eligible 
to receive the permit and that the transfer is otherwise valid.
    (ii) An aquaculture dealer permit is not transferable.
    (6) Renewal. An aquaculture facility owner or aquaculture dealer who 
has been issued a permit under this subpart must renew such permit 
consistent with the applicable duration of the permit specified in 
paragraph (d)(4) of this section. The RA will mail an aquaculture 
facility owner or aquaculture dealer whose permit is expiring an 
application for renewal at least 6 months prior to the expiration date 
of a Gulf aquaculture facility permit and approximately 2 months prior 
to the expiration date of an aquaculture dealer permit. An aquaculture 
facility owner or aquaculture dealer who does not receive a renewal 
application from the RA within the time frames indicated in this 
paragraph must contact the RA and request a renewal application. The 
applicant must submit a completed renewal application form and all 
required supporting documents to the RA at least 120 days prior to the 
date on which the applicant desires to have a Gulf aquaculture permit 
made effective and at least 30 days prior to the date on which the 
applicant desires to have an aquaculture dealer permit made effective. 
If the RA receives an incomplete application, the RA will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 60 days of the date of the RA's

[[Page 303]]

letter of notification or request an extension of time by contacting the 
NMFS Southeast Regional Office before the end of the 60 day timeframe, 
the application will be considered abandoned.
    (7) Display. A Gulf aquaculture permit issued under this section 
must be prominently displayed and available for inspection at the 
aquaculture facility. The permit number should also be included on the 
buoys or other floating devices used to mark the restricted access zone 
of the operation as specified in Sec. 622.104(c). An aquaculture dealer 
permit issued under this section, or a copy thereof, must be prominently 
displayed and available on the dealer's premises. In addition, a copy of 
the dealer's permit, or the aquaculture facility's permit (if the fish 
have not yet been purchased by a dealer), must accompany each vehicle 
that is used to receive fish harvested from an aquaculture facility in 
the Gulf EEZ. A vehicle operator must present the permit or a copy for 
inspection upon the request of an authorized officer.
    (8) Sanctions and denials. A Gulf aquaculture permit or aquaculture 
dealer permit issued pursuant to this section may be revoked, suspended, 
or modified, and such permit applications may be denied, in accordance 
with the procedures governing enforcement-related permit sanctions and 
denials found at subpart D of 15 CFR part 904.
    (9) Alteration. A Gulf aquaculture permit or aquaculture dealer 
permit that is altered, erased, or mutilated is invalid.
    (10) Replacement. A replacement Gulf aquaculture permit or 
aquaculture dealer permit may be issued. An application for a 
replacement permit is not considered a new application.
    (11) Change in application information. An aquaculture facility 
owner or aquaculture dealer who has been issued a permit under this 
subpart must notify the RA within 30 days after any change in the 
applicable application information specified in paragraphs (a) or (b) of 
this section. If any change in the information is not reported within 30 
days aquaculture operations may no longer be conducted under the permit.



Sec. 622.102  Recordkeeping and reporting.

    (a) Participants in Gulf aquaculture activities addressed in this 
subpart must keep records and report as specified in this section. 
Unless otherwise specified, required reporting must be accomplished 
electronically via the Web site. See Sec. 622.100(a)(3) regarding 
provisions for paper-based reporting in lieu of electronic reporting 
during catastrophic conditions as determined by the RA. Recordkeeping 
(i.e., maintaining records versus submitting reports) may, to the extent 
feasible, be maintained electronically; however, paper-based 
recordkeeping also is acceptable.
    (1) Aquaculture facility owners or operators. An aquaculture 
facility owner or operator must comply with the following requirements:
    (i) Reporting requirements--(A) Transport of fingerlings/juvenile 
fish to an aquaculture facility. Report the time, date, species and 
number of cultured fingerlings or other juvenile animals that will be 
transported from a hatchery to an aquaculture facility at least 72 hours 
prior to transport. This information may be submitted electronically via 
the Web site or via phone. In addition, permittees are to maintain and 
make available to NMFS or an authorized officer upon request a written 
or electronic daily record of the number of cultured animals introduced 
into and the total pounds and average weight of fish removed from each 
approved aquaculture system, including mortalities, for the most recent 
3 years.
    (B) Major escapement. Report any major escapement or suspected major 
escapement within 24 hours of the event. Major escapement is defined as 
the escape, within a 24-hour period, of 10 percent of the fish from a 
single approved aquaculture system (e.g., one cage or one net pen) or 5 
percent or more of the fish from all approved aquaculture systems 
combined, or the escape, within any 30-day period, of 10 percent or more 
of the fish from all approved aquaculture systems combined. The report 
must include the items in paragraphs (a)(1)(i)(B)(1) through (6) of this 
section and may be submitted electronically via the Web site. If no 
major escapement occurs during a

[[Page 304]]

given year, an annual report must be submitted via the Web site on or 
before January 31 each year indicating no major escapement occurred.
    (1) Gulf aquaculture permit number;
    (2) Name and phone number of a contact person;
    (3) Duration and specific location of escapement, including the 
number of cages or net pens involved;
    (4) Cause(s) of escapement;
    (5) Number, size, and percent of fish, by species, that escaped; and
    (6) Actions being taken to address the escapement.
    (C) Pathogens. Report, within 24 hours of diagnosis, all findings or 
suspected findings of any OIE-reportable pathogen episodes or pathogens 
that are identified as reportable pathogens in the NAAHP, as implemented 
by the USDA and U.S. Departments of Commerce and Interior, that are 
known to infect the cultured species. The report must include the items 
in paragraphs (a)(1)(i)(C)(1) through (6) of this section and may be 
submitted electronically via the Web site. If no finding or suspected 
finding of an OIE-reportable pathogen episode occurs during a given 
year, an annual report must be submitted via the Web site on or before 
January 31 each year indicating no finding or suspected finding of an 
OIE-reportable pathogen episode occurred. See Sec. 622.108(a)(1) 
regarding actions NMFS may take to address a pathogen episode.
    (1) OIE-reportable pathogen;
    (2) Percent of cultured animals infected;
    (3) Findings of the aquatic animal health expert;
    (4) Plans for submission of specimens for confirmatory testing (as 
required by the USDA);
    (5) Testing results (when available); and
    (6) Actions being taken to address the reportable pathogen episode.
    (D) Harvest notification. Report the time, date, and weight of fish 
to be harvested from an aquaculture facility at least 72 hours prior to 
harvest. This information may be submitted electronically via the Web 
site or via phone.
    (E) Landing information. Report the intended time, date, and port of 
landing for any vessel landing fish harvested from an aquaculture 
facility at least 72 hours prior to landing. This information may be 
submitted electronically via the Web site or via phone. The person 
landing the cultured animals must validate the dealer transaction report 
required in paragraph (a)(2)(i) of this section by entering the unique 
PIN number of the Gulf aquaculture permit holder from whom the fish were 
received when the transaction report is submitted.
    (F) Change of hatchery. Report any change in hatcheries used for 
obtaining fingerlings or other juvenile animals and provide updated 
names and addresses or specific locations (if no address is available) 
for the applicable hatcheries no later than 30 days after any such 
change occurs. This information may be submitted electronically via the 
Web site.
    (G) Entanglements or interactions with marine mammals, endangered 
species, or migratory birds. Report any entanglement or interaction with 
marine mammals, endangered species, or migratory birds within 24 hours 
of the event. The report must include the items included in paragraphs 
(a)(1)(i)(G)(1) through (5) of this section and may be submitted 
electronically via the Web site. If no entanglement or interaction with 
marine mammals, endangered species, or migratory birds occurs during a 
given year, an annual report must be submitted via the Web site on or 
before January 31 each year indicating no entanglement or interaction 
occurred.
    (1) Date, time, and location of entanglement or interaction.
    (2) Species entangled or involved in interactions and number of 
individuals affected;
    (3) Number of mortalities and acute injuries observed;
    (4) Cause of entanglement or interaction; and
    (5) Actions being taken to prevent future entanglements or 
interactions.
    (H) Feed invoices. The permittee must keep the original purchase 
invoices for feed or copies of purchase invoices for feed, make them 
available to NMFS or an authorized officer upon request, and be 
maintained for a period of 3 years.
    (I) Any other reporting requirements specified by the RA for 
evaluating and

[[Page 305]]

assessing the environmental impacts of an aquaculture operation.
    (ii) Other reporting requirements. In addition to the reporting 
requirements in paragraph (a)(1)(i) of this section, an aquaculture 
facility owner or operator must comply with the following reporting 
requirements:
    (A) Provide NMFS with current copies of all valid state and Federal 
permits (e.g., ACOE Section 10 permit, EPA NPDES permit) required for 
conducting offshore aquaculture and report any changes applicable to 
those permits.
    (B) Provide NMFS with current copies of all valid state and Federal 
aquaculture permits for each hatchery from which fingerlings or other 
juvenile animals are obtained and report any changes applicable to those 
permits within 30 days.
    (iii) Recordkeeping requirements. An aquaculture facility owner or 
operator must comply with the following recordkeeping requirements:
    (A) Maintain for the most recent 3 years and make available to NMFS 
or an authorized officer, upon request, monitoring reports related to 
aquaculture activities required by all other state and Federal permits 
(e.g., EPA NPDES permit) required for conducting offshore aquaculture.
    (B) Maintain records of all sales of fish for the most recent 3 
years and make that information available to NMFS or an authorized 
officer upon request. Sale records must include the species and quantity 
of fish sold in pounds round weight; estimated average weight of fish 
sold to the nearest tenth of a pound by species; date sold; and the name 
of the entity to whom fish were sold.
    (2) Aquaculture dealer recordkeeping and reporting requirements. A 
dealer who purchases fish from an aquaculture facility in the Gulf EEZ 
must:
    (i) Complete a landing transaction report for each landing and sale 
of cultured animals via the Web site at the time of the transaction in 
accordance with reporting form and instructions provided on the Web 
site. This report includes date, time, and location of transaction; 
information necessary to identify the Gulf aquaculture permit holder, 
vessel, and dealer involved in the transaction; quantity, in pounds 
round weight, and estimated average weight of each species landed to the 
nearest tenth of a pound; and average price paid for cultured animals 
landed and sold by market category. A dealer must maintain such record 
for at least 3 years after the receipt date and must make such record 
available for inspection upon request to NMFS or an authorized officer.
    (ii) After the dealer submits the report and the information has 
been verified, the Web site will send a transaction approval code to the 
dealer and the aquaculture permit holder.
    (b) [Reserved]



Sec. 622.103  Aquaculture facilities.

    (a) Siting requirements and conditions. (1) No aquaculture facility 
may be sited in the Gulf EEZ within a marine protected area, marine 
reserve, Habitat Area of Particular Concern, Special Management Zone, 
permitted artificial reef area specified in this part or a coral area as 
defined in Sec. 622.2.
    (2) No aquaculture facility may be sited within 1.6 nautical miles 
(3 km) of another aquaculture facility and all structures associated 
with the facility must remain within the sited boundaries.
    (3) To allow fallowing and rotation of approved aquaculture systems 
within a site permitted by the ACOE and approved by NMFS, the permitted 
site for the aquaculture facility must be at least twice as large as the 
combined area of the aquaculture systems.
    (4) The RA will evaluate siting criteria for proposed offshore 
aquaculture operations on a case-by-case basis. Criteria considered by 
the RA during case-by-case review include data, analyses, and results of 
the required baseline environmental survey as specified in Sec. 
622.101(a)(2)(v); depth of the site; the frequency of harmful algal 
blooms or hypoxia at the proposed site; marine mammal migratory 
pathways; the location of the site relative to commercial and 
recreational fishing grounds and important natural fishery habitats 
(e.g., seagrasses). The RA may deny use of a proposed aquaculture site 
based on a determination by the RA that such a site poses significant 
risks to wild fish

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stocks, essential fish habitat, endangered or threatened species, marine 
mammals, will result in user conflicts with commercial or recreational 
fishermen or other marine resource users, will result in user conflicts 
with the OCS energy program, the depth of the site is not sufficient for 
the approved aquaculture system, substrate and currents at the site will 
inhibit the dispersal of wastes and effluents, the site is prone to low 
dissolved oxygen or harmful algal blooms, or other grounds inconsistent 
with FMP objectives or applicable Federal laws. The information used for 
siting a facility with regard to proximity to commercial and 
recreational fishing grounds includes electronic logbooks from the 
shrimp fishery, logbook reported fishing locations, siting information 
from previously proposed or permitted aquaculture facilities, and other 
data that would provide information regarding how the site would 
interact with other fisheries. The RA's determination will be based on 
consultations with appropriate NMFS and NOAA offices and programs, 
public comment, as well as siting and other information submitted by the 
permit applicant. If a proposed site is denied, the RA will deny the 
Gulf Aquaculture Permit and provide this determination as required by 
Sec. 622.101(d)(2)(ii).
    (b) [Reserved]



Sec. 622.104  Restricted access zones.

    (a) Establishment of restricted access zones. NMFS will establish a 
restricted access zone for each aquaculture facility. The boundaries of 
the restricted access zone will correspond with the coordinates listed 
on the approved ACOE Section 10 permit associated with the aquaculture 
facility.
    (b) Prohibited activities within a restricted access zone. No 
recreational fishing or commercial fishing, other than aquaculture, may 
occur in the restricted access zone. No fishing vessel may operate in or 
transit through the restricted access zone unless the vessel has on 
board a copy of the aquaculture facility's permit with an original 
signature, i.e., not a copy of the signature, of the permittee.
    (c) Marking requirement. The permittee must mark the restricted 
access zone with a floating device such as a buoy at each corner of the 
zone, as authorized by the USCG. Each floating device must clearly 
display the aquaculture facility's permit number and the words 
``RESTRICTED ACCESS'' in block characters at least 6 inches (15.2 cm) in 
height and in a color that contrasts with the color of the floating 
device.



Sec. 622.105  Allowable aquaculture systems and species.

    (a) Allowable aquaculture systems. The RA will evaluate each 
proposed aquaculture system on a case-by-case basis and approve or deny 
use of the proposed system for offshore marine aquaculture in the Gulf 
EEZ. Proposed aquaculture systems may consist of cages, net pens, 
enclosures or other structures and gear which are used to culture marine 
species. The RA will evaluate the structural integrity of a proposed 
aquaculture system based, in part, on the required documentation (e.g., 
engineering analyses, computer and physical oceanographic model results) 
submitted by the applicant to assess the ability of the aquaculture 
system(s) (including moorings) to withstand physical stresses associated 
with major storm events, e.g. hurricanes, storm surge. The RA also will 
evaluate the proposed aquaculture system and its operations based on the 
potential to pose significant risks to essential fish habitat, 
endangered or threatened species, marine mammals, wild fish stocks, 
public health, or safety. The RA may deny use of a proposed aquaculture 
system or specify conditions for using an aquaculture system based on a 
determination of such significant risks. The RA's evaluation will be 
based on information provided by the applicant as well as consultations 
with appropriate NMFS and NOAA offices and programs. If the RA denies 
use of a proposed aquaculture system or specifies conditions for its 
use, the RA will deny the Gulf Aquaculture Permit and provide this 
determination as required by Sec. 622.101(d)(2)(ii).
    (b) Allowable aquaculture species. Only the following federally 
managed species that are native to the Gulf and are not genetically 
engineered or

[[Page 307]]

transgenic, may be cultured in an aquaculture facility in the Gulf EEZ:
    (1) Species of coastal migratory pelagic fish, as defined in Sec. 
622.2.
    (2) Species of Gulf reef fish, as listed in appendix A to this part.
    (3) Red drum, Sciaenops ocellatus.
    (4) Spiny lobster, Panulirus argus.



Sec. 622.106  Aquaculture operations.

    (a) Operational requirements and restrictions. An owner or operator 
of an aquaculture facility for which a Gulf aquaculture permit has been 
issued must comply with the following operational requirements and 
restrictions.
    (1) Minimum start-up requirement. At least 25 percent of aquaculture 
systems approved for use at a specific aquaculture facility at the time 
of permit issuance must be placed in the water at the permitted 
aquaculture site within 2 years of issuance of the Gulf aquaculture 
permit, and allowable species for aquaculture must be placed in the 
aquaculture system(s) within 3 years of issuance of the permit. Failure 
to comply with these requirements will be grounds for revocation of the 
permit. A permittee may request a 1-year extension to the above time 
schedules in the event of a catastrophe (e.g., hurricane). Requests must 
be made in writing and submitted to the RA. The RA will approve or deny 
the request after determining if catastrophic conditions directly caused 
or significantly contributed to the permittee's failure to meet the 
required time schedules. The RA will provide the determination and the 
basis for it, in writing, to the permittee.
    (2) Marking requirement. The permittee must maintain a minimum of 
one properly functioning electronic locating device (e.g., GPS device, 
pinger with radio signal) on each approved aquaculture system placed in 
the water at the aquaculture facility.
    (3) Restriction on allowable hatcheries. A permittee may only obtain 
juvenile animals for grow-out at an aquaculture facility from a hatchery 
located in the U.S.
    (4) Hatchery certifications. (i) The permittee must obtain and 
submit to NMFS a signed certification from the owner(s) of the hatchery, 
from which fingerlings or other juvenile animals are obtained, 
indicating the broodstock have been individually marked or tagged (e.g., 
via a Passive Integrated Transponder (PIT), coded wire, dart, or 
internal anchor tag) to allow for identification of those individuals 
used in spawning.
    (ii) The permittee also must obtain and submit to NMFS signed 
certification from the owner(s) of the hatchery indicating that fin 
clips or other genetic materials were collected and submitted for each 
individual brood animal in accordance with procedures specified by NMFS.
    (iii) The certifications required in paragraphs (a)(4)(i) and (ii) 
of this section must be provided to NMFS by the permittee each time 
broodstock are acquired by the hatchery or used for spawning.
    (5) Health certification. Prior to stocking fish in an approved 
aquaculture system at an aquaculture facility in the Gulf EEZ, the 
permittee must provide NMFS a copy of a health certificate (suggested 
form is USDA/Animal and Plant Health Inspection Service (APHIS) VS 17-
141, OMB 0579-0278) signed by an aquatic animal health expert, as 
defined in Sec. 622.101(a)(2)(xv), certifying that the fish have been 
inspected and are visibly healthy and the source population is test 
negative for OIE pathogens specific to the cultured species and 
pathogens identified as reportable pathogens in the NAAHP as implemented 
by the USDA and U.S. Departments of Commerce and Interior.
    (6) Use of drugs and other chemicals or agents. Use of drugs, 
pesticides, and biologics must comply with all applicable Food and Drug 
Administration (FDA), EPA, and USDA requirements (e.g., Federal, Food, 
Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; Clean Water Act, 40 CFR 
part 122; 9 CFR parts 101 through 124; 21 CFR parts 500 through 599; and 
40 CFR parts 150 through 189).
    (7) Feed practices and monitoring. The permittee must conduct feed 
monitoring and management practices in compliance with EPA regulations 
at 40 CFR 451.21, if applicable to the facility.
    (8) Monitoring and reporting compliance. The permittee must monitor 
and report the environmental survey parameters at the aquaculture 
facility

[[Page 308]]

consistent with NMFS' guidelines that will be available on the Web site 
and from the RA upon request. The permittee also must comply with all 
applicable monitoring and reporting requirements specified in their 
valid ACOE Section 10 permit and valid EPA NPDES permit.
    (9) Inspection for protected species. The permittee must regularly 
inspect approved aquaculture systems, including mooring and anchor 
lines, for entanglements or interactions with marine mammals, protected 
species, and migratory birds. The frequency of inspections will be 
specified by NMFS as a condition of the permit. If entanglements or 
interactions are observed, they must be reported as specified in Sec. 
622.102(a)(1)(i)(G).
    (10) Fishing gear stowage requirement. Any vessel transporting 
cultured animals to or from an aquaculture facility must stow fishing 
gear as follows:
    (i) A longline may be left on the drum if all gangions and hooks are 
disconnected and stowed below deck. Hooks cannot be baited. All buoys 
must be disconnected from the gear; however, buoys may remain on deck.
    (ii) A trawl net may remain on deck, but trawl doors must be 
disconnected from the trawl gear and must be secured.
    (iii) A gillnet must be left on the drum. Any additional gillnets 
not attached to the drum must be stowed below deck.
    (iv) A rod and reel must be removed from the rod holder and stowed 
securely on or below deck. Terminal gear (i.e., hook, leader, sinker, 
flasher, or bait) must be disconnected and stowed separately from the 
rod and reel. Sinkers must be disconnected from the down rigger and 
stowed separately.
    (v) All other fishing gear must be stored below deck or in an area 
where it is not normally used or readily available for fishing.
    (11) Prohibition of possession of wild fish in restricted access 
zone. Except for broodstock, authorized pursuant to paragraph (a)(16) of 
this section, possession of any wild fish at or within the boundaries of 
an aquaculture facility's restricted access zone is prohibited.
    (12) Prohibition of possession of wild fish aboard vessels, 
vehicles, or aircraft associated with aquaculture operations. Possession 
and transport of any wild fish aboard an aquaculture operation's 
transport or service vessels, vehicles, or aircraft is prohibited while 
engaged in aquaculture related activities, except when harvesting 
broodstock as authorized by NMFS.
    (13) Maintaining fish intact prior to landing. Cultured finfish must 
be maintained whole with heads and fins intact until landed on shore. 
Such fish may be eviscerated, gilled, and scaled, but must otherwise be 
maintained in a whole condition. Spiny lobster must be maintained whole 
with the tail intact until landed on shore.
    (14) Restriction on offloading. For the purpose of this paragraph, 
offload means to remove cultured animals from a vessel following harvest 
from an offshore aquaculture facility. Cultured animals may only be 
offloaded between 6 a.m. and 6 p.m., local time.
    (15) Bill of lading requirement. Any cultured animals harvested from 
an aquaculture facility and being transported must be accompanied by the 
applicable bill of lading through landing ashore and the first point of 
sale. The bill of lading must include species name, quantity in numbers 
or pounds by species, date and location of landing, Gulf aquaculture 
permit number of the aquaculture facility from which the fish were 
harvested, and name and address of purchaser.
    (16) Request to harvest broodstock. (i) At least 30 days prior to 
each time a permittee or their designee intends to harvest broodstock 
from the Gulf, including from state waters, that would be used to 
produce juvenile fish for an aquaculture facility in the Gulf EEZ, the 
permittee must submit a request to the RA via the Web site using a Web-
based form. The information submitted on the form must include the 
number, species, and size of fish to be harvested; methods, gear, and 
vessels (including USCG documentation or state registration number) to 
be used for capturing, holding, and transporting broodstock; date and 
specific location of intended harvest; and the location to which 
broodstock would be delivered.

[[Page 309]]

    (ii) Allowable methods or gear used for broodstock capture in the 
EEZ include those identified for each respective fishery in Sec. 
600.725, except red drum, which may be harvested only with handline or 
rod and reel.
    (iii) The RA may deny or modify a request for broodstock harvest if 
allowable methods or gear are not proposed for use, the number of fish 
harvested for broodstock is more than necessary for purposes of spawning 
and rearing activities, or the harvest will be inconsistent with FMP 
objectives or other Federal laws. If a broodstock collection request is 
denied or modified, the RA will provide the determination and the basis 
for it, in writing to the permittee. If a broodstock collection request 
is approved, the permittee must submit a report to the RA including the 
number and species of broodstock harvested, their size (length and 
weight), and the geographic location where the broodstock were captured. 
The report must be submitted on a Web-based form available on the Web 
site no later than 15 days after the date of harvest.
    (iv) Notwithstanding the requirements in Sec. 622.106(a)(16), all 
proposed harvest of broodstock from state waters also must comply with 
all state laws applicable to the harvest of such species.
    (17) Authorized access to aquaculture facilities. A permittee must 
provide NMFS employees and authorized officers access to an aquaculture 
facility to conduct inspections or sampling necessary to determine 
compliance with the applicable regulations relating to aquaculture in 
the Gulf EEZ. In conducting the inspections, NMFS may enter into 
cooperative agreements with States, may delegate the inspection 
authority to any State, or may contract with any non-Federal Government 
entities. As a condition of the permit, NMFS may also require the 
permittee to contract a non-Federal Government third party approved by 
the RA if the RA agrees to accept the third party inspection results. 
The non-Federal Government third party may not be the same entity as the 
permittee.
    (b) [Reserved]



Sec. 622.107  Limitation on aquaculture production.

    No individual, corporation, or other entity will be authorized to 
produce more than 12.8 million lb (5.8 million kg), round weight, of 
cultured species annually from permitted aquaculture facilities in the 
Gulf EEZ. Production of juvenile fish by a hatchery in the Gulf EEZ will 
not be counted toward this limitation because those fish would be 
accounted for subsequently via reported harvest at the aquaculture 
facility where grow out occurs.



Sec. 622.108  Remedial actions.

    (a) Potential remedial actions by NMFS. In addition to potential 
permit sanctions and denials in accordance with subpart D of 15 CFR part 
904, NMFS may take the following actions, as warranted, to avoid or 
mitigate adverse impacts associated with aquaculture in the Gulf EEZ.
    (1) Actions to address pathogen episodes. NMFS, in cooperation with 
USDA's APHIS, may order movement restrictions and/or the removal of all 
cultured animals from an approved aquaculture system upon confirmation 
by a USDA's APHIS reference laboratory that an OIE-reportable pathogen, 
or additional pathogens that are subsequently identified as reportable 
pathogens in the NAAHP exists and USDA's APHIS and NMFS determine the 
pathogen poses a significant threat to the health of wild or cultured 
aquatic organisms.
    (2) Actions to address genetic issues. NMFS may sample cultured 
animals to determine genetic lineage and, upon a determination that 
genetically engineered or transgenic animals were used or possessed at 
an aquaculture facility, will order the removal of all cultured animals 
of the species for which such determination was made. In conducting the 
genetic testing to determine that all broodstock or progeny of such 
broodstock will be or were originally harvested from U.S. waters of the 
Gulf, will be or were from the same population or sub-population that 
occurs where the facility is located, and that juveniles stocked in 
offshore aquaculture systems are the progeny of wild broodstock, or 
other genetic testing

[[Page 310]]

necessary to carry out the requirements of the FMP, NMFS may enter into 
cooperative agreements with States, may delegate the testing authority 
to any State, or may contract with any non-Federal Government entities. 
As a condition of the permit, NMFS may also require the permittee to 
contract a non-Federal Government third party approved by the RA if the 
RA agrees to accept the third party testing results. The non-Federal 
Government third party may not be the same entity as the permittee.
    (b) [Reserved]



Sec. 622.109  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for 
Regulating Offshore Marine Aquaculture in the Gulf of Mexico, the RA may 
establish or modify the items in paragraph (a) of this section for 
offshore marine aquaculture.
    (a) For the entire aquaculture fishery: MSY, OY, permit application 
requirements, operational requirements and restrictions, including 
monitoring requirements, aquaculture system requirements, siting 
requirements for aquaculture facilities, and recordkeeping and reporting 
requirements.
    (b) [Reserved]

Subparts G-H [Reserved]



     Subpart I_Snapper-Grouper Fishery of the South Atlantic Region



Sec. 622.170  Permits and endorsements.

    (a) Commercial vessel permits--(1) South Atlantic snapper-grouper. 
For a person aboard a vessel to be eligible for exemption from the bag 
limits for South Atlantic snapper-grouper in or from the South Atlantic 
EEZ, to sell South Atlantic snapper-grouper in or from the South 
Atlantic EEZ, to engage in the directed fishery for golden tilefish in 
the South Atlantic EEZ, to use a longline to fish for South Atlantic 
snapper-grouper in the South Atlantic EEZ, or to use a sea bass pot in 
the South Atlantic EEZ between 35 deg.15.19' N. lat. (due east of Cape 
Hatteras Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL), either a commercial 
vessel permit for South Atlantic Unlimited Snapper-Grouper Permit or a 
trip-limited permit for South Atlantic snapper-grouper must have been 
issued to the vessel and must be on board. A vessel with a trip-limited 
commercial permit is limited on any trip to 225 lb (102.1 kg) of 
snapper-grouper. See Sec. 622.171 for limitations on the use, transfer, 
and renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (2) Wreckfish. For a person aboard a vessel to be eligible for 
exemption from the bag limit for wreckfish in or from the South Atlantic 
EEZ, to fish under a quota for wreckfish in or from the South Atlantic 
EEZ, or to sell wreckfish in or from the South Atlantic EEZ, a 
commercial vessel permit for wreckfish and a commercial permit for South 
Atlantic snapper-grouper must have been issued to the vessel and must be 
on board. To obtain a commercial vessel permit for wreckfish, the 
applicant must be a wreckfish shareholder; and either the shareholder 
must be the vessel owner or the owner or operator must be an employee, 
contractor, or agent of the shareholder. (See Sec. 622.172 for 
information on wreckfish shareholders.)
    (b) Charter vessel/headboat permits--(1) South Atlantic snapper-
grouper. For a person aboard a vessel that is operating as a charter 
vessel or headboat to fish for or possess, in or from the EEZ, South 
Atlantic snapper-grouper, a valid charter vessel/headboat permit for 
South Atlantic snapper-grouper must have been issued to the vessel and 
must be on board. A charter vessel or headboat may have both a charter 
vessel/headboat permit and a commercial vessel permit. However, when a 
vessel is operating as a charter vessel or headboat, a person aboard 
must adhere to the bag limits. See the definitions of ``Charter vessel'' 
and ``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (2) [Reserved]
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive

[[Page 311]]

South Atlantic snapper-grouper (including wreckfish) harvested in or 
from the EEZ, a Gulf and South Atlantic dealer permit must be issued to 
the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit or endorsement, the applicant must have a valid state 
wholesaler's license in the state(s) where the dealer operates, if 
required by such state(s), and must have a physical facility at a fixed 
location in such state(s).
    (d) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.
    (e) South Atlantic black sea bass pot endorsement. For a person 
aboard a vessel, for which a valid commercial vessel permit for South 
Atlantic snapper-grouper unlimited has been issued, to use a black sea 
bass pot in the South Atlantic EEZ, a valid South Atlantic black sea 
bass pot endorsement must have been issued to the vessel and must be on 
board. A permit or endorsement that has expired is not valid. This 
endorsement must be renewed annually and may only be renewed if the 
associated vessel has a valid commercial vessel permit for South 
Atlantic snapper-grouper unlimited or if the endorsement and associated 
permit are being concurrently renewed. The RA will not reissue this 
endorsement if the endorsement is revoked or if the RA does not receive 
a complete application for renewal of the endorsement within 1 year 
after the endorsement's expiration date.
    (1) Initial eligibility. To be eligible for an initial South 
Atlantic black sea bass pot endorsement, a person must have been issued 
and must possess a valid or renewable commercial vessel permit for South 
Atlantic snapper-grouper that has black sea bass landings using black 
sea bass pot gear averaging at least 2,500 lb (1,134 kg), round weight, 
annually during the period January 1, 1999 through December 31, 2010. 
Excluded from this eligibility, are trip-limited permits (South Atlantic 
snapper-grouper permits that have a 225-lb (102.1-kg) limit of snapper-
grouper) and valid or renewable commercial vessel permits for South 
Atlantic snapper-grouper unlimited that have no reported landings of 
black sea bass using black sea bass pots from January 1, 2008, through 
December 31, 2010. NMFS will attribute all applicable black sea bass 
landings associated with a current snapper-grouper permit for the 
applicable landings history, including those reported by a person(s) who 
held the permit prior to the current permit owner, to the current permit 
owner. Only legal landings reported in compliance with applicable state 
and Federal regulations are acceptable.
    (2) Initial issuance. On or about June 1, 2012, the RA will mail 
each eligible permittee a black sea bass pot endorsement via certified 
mail, return receipt requested, to the permittee's address of record as 
listed in NMFS' permit files. An eligible permittee who does not receive 
an endorsement from the RA, must contact the RA no later than July 1, 
2012, to clarify his/her endorsement status. A permittee denied an 
endorsement based on the RA's initial determination of eligibility and 
who disagrees with that determination may appeal to the RA.
    (3) Procedure for appealing black sea bass pot endorsement 
eligibility and/or landings information. The only items subject to 
appeal are initial eligibility for a black sea bass pot endorsement 
based on ownership of a qualifying snapper-grouper permit, the accuracy 
of the amount of landings, and correct assignment of landings to the 
permittee. Appeals based on hardship factors will not be considered. 
Appeals must be submitted to the RA postmarked no later than October 1, 
2012, and must contain documentation supporting the basis for the 
appeal. The RA will review all appeals, render final decisions on the 
appeals, and advise the appellant of the final NMFS decision.
    (i) Eligibility appeals. NMFS' records of snapper-grouper permits 
are the sole basis for determining ownership of such permits. A person 
who believes he/she meets the permit eligibility criteria based on 
ownership of a vessel under a different name, for example, as a result 
of ownership changes from individual to corporate or vice versa, must 
document his/her continuity of ownership.

[[Page 312]]

    (ii) Landings appeals. Determinations of appeals regarding landings 
data for 1999 through 2010 will be based on NMFS' logbook records. If 
NMFS' logbooks are not available, the RA may use state landings records 
or data for the period 1999 through 2010 that were submitted in 
compliance with applicable Federal and state regulations on or before 
December 31, 2011.
    (4) Transferability. A valid or renewable black sea bass pot 
endorsement may be transferred between any two entities that hold, or 
simultaneously obtain, a valid South Atlantic snapper-grouper unlimited 
permit. Endorsements may be transferred independently from the South 
Atlantic snapper-grouper unlimited permit. NMFS will attribute black sea 
bass landings to the associated South Atlantic snapper-grouper unlimited 
permit regardless of whether the landings occurred before or after the 
endorsement was issued. Only legal landings reported in compliance with 
applicable state and Federal regulations are acceptable.
    (5) Fees. No fee applies to initial issuance of a black sea bass pot 
endorsement. NMFS charges a fee for each renewal or replacement of such 
endorsement and calculates the amount of each fee in accordance with the 
procedures of the NOAA Finance Handbook for determining the 
administrative costs of each special product or service. The fee may not 
exceed such costs and is specified with each application form. The 
handbook is available from the RA. The appropriate fee must accompany 
each application for renewal or replacement.
    (f) South Atlantic golden tilefish longline endorsement. For a 
person aboard a vessel, for which a valid commercial vessel permit for 
South Atlantic snapper-grouper unlimited has been issued, to fish for or 
possess golden tilefish in the South Atlantic EEZ using longline gear, a 
South Atlantic golden tilefish longline endorsement must have been 
issued to the vessel and must be on board. A permit or endorsement that 
has expired is not valid. This endorsement must be renewed annually and 
may only be renewed if the associated vessel has a valid commercial 
vessel permit for South Atlantic snapper-grouper unlimited or if the 
endorsement and associated permit are being concurrently renewed. The RA 
will not reissue this endorsement if the endorsement is revoked or if 
the RA does not receive a complete application for renewal of the 
endorsement within 1 year after the endorsement's expiration date.
    (1) Initial eligibility. To be eligible for an initial South 
Atlantic golden tilefish longline endorsement, a person must have been 
issued and must possess a valid or renewable commercial vessel permit 
for South Atlantic snapper-grouper that has golden tilefish landings 
using longline gear averaging at least 5,000 lb (2,268 kg), gutted 
weight, over the best 3 years within the period 2006-2011. NMFS will 
attribute all applicable golden tilefish landings associated with a 
current South Atlantic snapper-grouper permit for the applicable 
landings history, to the current permit owner, including golden tilefish 
landings reported by a person(s) who held the permit prior to the 
current permit owner. Only legal landings reported in compliance with 
applicable state and Federal regulations are acceptable.
    (2) Initial issuance. On or about April 23, 2013, the RA will mail 
each eligible permittee a golden tilefish longline endorsement via 
certified mail, return receipt requested, to the permittee's address of 
record as listed in NMFS' permit files. An eligible permittee who does 
not receive an endorsement from the RA, must contact the RA no later 
than May 23, 2013, to clarify his/her endorsement status. A permittee 
who is denied an endorsement based on the RA's initial determination of 
eligibility and who disagrees with that determination may appeal to the 
RA.
    (3) Procedure for appealing golden tilefish longline endorsement 
eligibility and/or landings information. The only items subject to 
appeal are initial eligibility for a golden tilefish longline 
endorsement based on ownership of a qualifying snapper-grouper permit, 
the accuracy of the amount of landings, and the correct assignment of 
landings to the permittee. Appeals based on hardship factors will not be 
considered. Appeals must be submitted to the RA postmarked no later than 
August 21, 2013, and must contain documentation

[[Page 313]]

supporting the basis for the appeal. The National Appeals Office will 
review, evaluate, and render recommendations on appeals to the RA. The 
RA will then review each appeal, render a final decision on each appeal, 
and advise the appellant of the final NMFS decision.
    (i) Eligibility appeals. NMFS' records of snapper-grouper permits 
are the sole basis for determining ownership of such permits. A person 
who believes he/she meets the permit eligibility criteria based on 
ownership of a vessel under a different name, for example, as a result 
of ownership changes from individual to corporate or vice versa, must 
document his or her continuity of ownership and must submit that 
information with their appeal.
    (ii) Landings appeals. Determinations of appeals regarding landings 
data for 2006 through 2011 will be based on NMFS' logbook records, 
submitted on or before October 31, 2012. If NMFS' logbooks are not 
available, the RA may use state landings records or data for the period 
2006 through 2011 that were submitted in compliance with applicable 
Federal and state regulations on or before October 31, 2012.
    (4) Transferability. A valid or renewable golden tilefish 
endorsement may be transferred between any two entities that hold, or 
simultaneously obtain, a valid South Atlantic snapper-grouper unlimited 
permit. An endorsement may be transferred independently from the South 
Atlantic snapper-grouper unlimited permit. NMFS will attribute golden 
tilefish landings to the associated South Atlantic Unlimited Snapper-
Grouper Permit regardless of whether the landings occurred before or 
after the endorsement was issued. Only legal landings reported in 
compliance with applicable state and Federal regulations are acceptable.
    (5) Fees. No fee applies to the initial issuance of a golden 
tilefish longline endorsement. NMFS charges a fee for each renewal or 
replacement or transfer of such endorsement and calculates the amount of 
each fee in accordance with the procedures of the NOAA Finance Handbook 
for determining the administrative costs of each special product or 
service. The handbook is available from the RA. The appropriate fee must 
accompany each application for renewal or replacement or transfer.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23862, Apr. 23, 2013; 
79 FR 19495, Apr. 9, 2014]



Sec. 622.171  South Atlantic snapper-grouper limited access.

    (a) General. The only valid commercial vessel permits for South 
Atlantic snapper-grouper are those that have been issued under the 
limited access criteria specified in the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic Region. A commercial 
vessel permit for South Atlantic snapper-grouper is either a 
transferable commercial permit or a trip-limited commercial permit.
    (b) Transfers of permits. A snapper-grouper limited access permit is 
valid only for the vessel and owner named on the permit. To change 
either the vessel or the owner, an application for transfer must be 
submitted to the RA.
    (1) Transferable permits. (i) An owner of a vessel with a 
transferable permit may request that the RA transfer the permit to 
another vessel owned by the same entity.
    (ii) A transferable permit may be transferred upon a change of 
ownership of a permitted vessel with such permit--
    (A) From one to another of the following: husband, wife, son, 
daughter, brother, sister, mother, or father; or
    (B) From an individual to a corporation whose shares are all held by 
the individual or by the individual and one or more of the following: 
husband, wife, son, daughter, brother, sister, mother, or father. The 
application for transfer of a permit under this paragraph (b)(1)(ii)(B) 
and each application for renewal of such permit must be accompanied by a 
current annual report of the corporation that specifies all shareholders 
of the corporation. A permit will not be renewed if the annual report 
shows a new shareholder other than a husband, wife, son, daughter, 
brother, sister, mother, or father.
    (iii) Except as provided in paragraphs (b)(1)(i) and (ii) of this 
section, a person desiring to acquire a limited access, transferable 
permit for South Atlantic

[[Page 314]]

snapper-grouper must obtain and exchange two such permits for one new 
permit.
    (iv) A transfer of a permit that is undertaken under paragraph 
(b)(1)(ii) of this section will constitute a transfer of the vessel's 
entire catch history to the new owner.
    (2) Trip-limited permits. An owner of a vessel with a trip-limited 
permit may request that the RA transfer the permit to another vessel 
owned by the same entity.
    (c) Renewal. NMFS will not reissue a commercial vessel permit for 
South Atlantic snapper-grouper if the permit is revoked or if the RA 
does not receive an application for renewal within one year of the 
permit's expiration date.



Sec. 622.172  Wreckfish individual transferable quota (ITQ) system.

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) General--(1) Percentage shares--(i) Initial ITQ shares. In 
accordance with the procedure specified in the Fishery Management Plan 
for the Snapper-Grouper Fishery of the South Atlantic Region, percentage 
shares of the quota for wreckfish were assigned at the beginning of the 
program. Each person was notified by the RA of his or her percentage 
share and shareholder certificate number.
    (ii) Reverted ITQ shares. Any shares determined by NMFS to be 
inactive, will be redistributed proportionately among remaining 
shareholders (subject to cap restrictions) based on shareholder landings 
history. Inactive shares are, for purposes of this section, those shares 
held by ITQ shareholders who have not reported any wreckfish landings 
between April 16, 2006, and January 14, 2011.
    (iii) Percentage share set-aside to accommodate resolution of 
appeals. During the 2012-2013 fishing year, the RA will reserve 1.401 
percent of wreckfish ITQ shares prior to redistributing shares (see 
paragraph (a)(1)(ii) of this section) to accommodate resolution of 
appeals, if necessary. NMFS will distribute any portion of the 1.401-
percent share remaining after the appeals process as soon as possible 
among the remaining shareholders.
    (iv) Procedure for appealing wreckfish quota share status and 
landings information. Appeals must be submitted to the RA postmarked no 
later than January 24, 2013, and must contain documentation supporting 
the basis for the appeal. The only items subject to appeal are the 
status of wreckfish quota shares, as active or inactive, and the 
accuracy of the amount of landings. The RA will review and evaluate all 
appeals, render final decisions on the appeals, and advise the appellant 
of the final decision. Appeals based on hardship factors will not be 
considered. The RA will determine the outcome of appeals based on NMFS' 
logbooks. If NMFS' logbooks are not available, the RA may use state 
landings records. Appellants must submit NMFS' logbooks or state 
landings records, as appropriate, to support their appeal.
    (2) Share transfers. All or a portion of a person's percentage 
shares are transferrable. Transfer of shares must be reported on a form 
available from the RA. The RA will confirm, in writing, each transfer of 
shares. The effective date of each transfer is the confirmation date 
provided by the RA. NMFS charges a fee for each transfer of shares and 
calculates the amount in accordance with the procedures of the NOAA 
Finance Handbook. The handbook is available from the RA. The fee may not 
exceed such costs and is specified with each transfer form. The 
appropriate fee must accompany each transfer form.
    (3) ITQ share cap. No person, including a corporation or other 
entity, may individually or collectively hold ITQ shares in excess of 49 
percent of the total shares. For the purposes of considering the share 
cap, a corporation's total ITQ share is determined by adding the 
corporation's ITQ shares to any other ITQ shares the corporation owns in 
another corporation. If an individual ITQ shareholder is also a 
shareholder in a corporation that holds ITQ shares, an individual's 
total ITQ share is determined by adding the applicable ITQ shares held 
by the individual to the applicable ITQ shares equivalent to the 
corporate share the individual holds in a corporation. A corporation 
must provide the RA the identity of the shareholders of the corporation 
and their

[[Page 315]]

percent of shares in the corporation, and provide updated information to 
the RA within 30 days of when a change occurs. This information must 
also be provided to the RA any time a commercial vessel permit for 
wreckfish is renewed or transferred.
    (b) List of wreckfish shareholders. Annually, on or about March 1, 
the RA will provide each wreckfish shareholder with a list of all 
wreckfish shareholders and their percentage shares, reflecting share 
transactions on forms received through February 15.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC for 
wreckfish for the fishing year that commences April 16 is known, the RA 
will calculate each wreckfish shareholder's ITQ. Each ITQ is the product 
of the wreckfish TAC, in round weight, for the ensuing fishing year, the 
factor for converting round weight to eviscerated weight, and each 
wreckfish shareholder's percentage share, reflecting share transactions 
reported on forms received by the RA through February 15. Thus, the ITQs 
will be in terms of eviscerated weight of wreckfish.
    (2) The RA will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been transferred to another shareholder. An ITQ 
coupon that has been transferred to another shareholder may be possessed 
only by the shareholder whose signature appears on the coupon as the 
buyer, or by the shareholder's employee, contractor, or agent, and with 
all required sale endorsements properly completed.
    (4) Wreckfish may not be possessed on board a fishing vessel that 
has been issued a commercial vessel permit for South Atlantic snapper-
grouper and a commercial vessel permit for wreckfish--
    (i) In an amount exceeding the total of the ITQ coupons on board the 
vessel; or
    (ii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.176(a)(3)(i).
    (5) Prior to termination of a trip, a signature and date signed must 
be affixed in ink to the ``Fisherman'' part of ITQ coupons in 
denominations equal to the eviscerated weight of the wreckfish on board. 
The ``Fisherman'' part of each such coupon must be separated from the 
coupon and submitted with the logbook forms required by Sec. 
622.176(a)(3)(i) for that fishing trip.
    (6) The ``Fish House'' part of each such coupon must be given to the 
dealer to whom the wreckfish are transferred in amounts totaling the 
eviscerated weight of the wreckfish transferred to that dealer. 
Wreckfish may be transferred only to a Gulf and South Atlantic dealer 
permit holder, as required under Sec. 622.170(c)(1).
    (7) A dealer may first receive wreckfish only from a vessel for 
which a commercial permit for wreckfish has been issued, as required 
under Sec. 622.170(a)(2). A dealer must receive the ``Fish House'' part 
of ITQ coupons in amounts totaling the eviscerated weight of the 
wreckfish received; enter the permit number of the vessel from which the 
wreckfish were received, enter the date the wreckfish were received, 
enter the dealer's permit number, and sign each such ``Fish House'' 
part; and submit all such parts with the electronic dealer reports 
required by Sec. 622.5(c).
    (8) An owner or operator of a vessel and a dealer must make 
available to an authorized officer all ITQ coupons in his or her 
possession upon request.
    (d) Wreckfish limitations. (1) A wreckfish taken in the South 
Atlantic EEZ may not be transferred at sea, regardless of where the 
transfer takes place; and a wreckfish may not be transferred in the 
South Atlantic EEZ.
    (2) A wreckfish possessed by a fisherman or dealer shoreward of the 
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal 
state will be presumed to have been harvested

[[Page 316]]

from the South Atlantic EEZ unless accompanied by documentation that it 
was harvested from other than the South Atlantic EEZ.
    (3) A wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish may be offloaded from a fishing 
vessel only between 8 a.m. and 5 p.m., local time.
    (4) If a wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish is to be offloaded at a location 
other than a fixed facility of a dealer who holds a Gulf and South 
Atlantic dealer permit, as required under Sec. 622.170(c)(1), the 
wreckfish shareholder or the vessel operator must advise the NMFS Office 
for Law Enforcement, Southeast Region, St. Petersburg, FL, by telephone 
(727-824-5344), of the location not less than 24 hours prior to 
offloading.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19495, Apr. 9, 2014]



Sec. Sec. 622.173-622.175  [Reserved]



Sec. 622.176  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators--(1) General reporting 
requirements. The owner or operator of a vessel for which a commercial 
permit for South Atlantic snapper-grouper has been issued, as required 
under Sec. 622.170(a)(1), or whose vessel fishes for or lands South 
Atlantic snapper-grouper in or from state waters adjoining the South 
Atlantic EEZ, who is selected to report by the SRD must maintain a 
fishing record on a form available from the SRD and must submit such 
record as specified in paragraph (a)(4) of this section.
    (2) Electronic logbook/video monitoring reporting. The owner or 
operator of a vessel for which a commercial permit for South Atlantic 
snapper-grouper has been issued, as required under Sec. 622.170(a)(1), 
who is selected to report by the SRD must participate in the NMFS-
sponsored electronic logbook and/or video monitoring reporting program 
as directed by the SRD. Compliance with the reporting requirements of 
this paragraph (a)(2) is required for permit renewal.
    (3) Wreckfish reporting. The wreckfish shareholder under Sec. 
622.172, or operator of a vessel for which a commercial permit for 
wreckfish has been issued, as required under Sec. 622.170(a)(2), must--
    (i) Maintain a fishing record on a form available from the SRD and 
must submit such record as specified in paragraph (a)(4) of this 
section.
    (ii) Make available to an authorized officer upon request all 
records of commercial offloadings, purchases, or sales of wreckfish.
    (4) Reporting deadlines. Completed fishing records required by this 
paragraph (a) must be submitted to the SRD postmarked not later than 7 
days after the end of each fishing trip. If no fishing occurred during a 
calendar month, a report so stating must be submitted on one of the 
forms postmarked not later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its accompanying 
instructions.
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, as required under Sec. 
622.170(b)(1), or whose vessel fishes for or lands such snapper-grouper 
in or from state waters adjoining the South Atlantic EEZ, who is 
selected to report by the SRD must maintain a fishing record for each 
trip, or a portion of such trips as specified by the SRD, on forms 
provided by the SRD and must submit such record as specified in 
paragraph (b)(2) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, as required under Sec. 622.170(b)(1), or whose vessel 
fishes for or lands such snapper-grouper in or from state waters 
adjoining the South Atlantic EEZ, who is selected to report by the SRD 
must submit an electronic fishing record for each trip of all fish 
harvested within the time period specified in paragraph (b)(2)(ii) of 
this section, via the Southeast Region Headboat Survey.

[[Page 317]]

    (iii) Electronic logbook/video monitoring reporting. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, as required under Sec. 
622.170(b)(1), or whose vessel fishes for or lands such snapper-grouper 
in or from state waters adjoining the South Atlantic EEZ, who is 
selected to report by the SRD must participate in the NMFS-sponsored 
electronic logbook and/or video monitoring program as directed by the 
SRD. Compliance with the reporting requirements of this paragraph 
(b)(1)(iii) is required for permit renewal.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Completed fishing records 
required by paragraph (b)(1)(iii) of this section for charter vessels 
may be required weekly or daily, as directed by the SRD. Information to 
be reported is indicated on the form and its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii) of this section for headboats must be submitted at weekly 
intervals (or intervals shorter than a week if notified by the SRD) by 
11:59 p.m., local time, the Sunday following a reporting week. If no 
fishing activity occurred during a reporting week, an electronic report 
so stating must be submitted for that reporting week by 11:59 p.m., 
local time, the Sunday following a reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b)(1)(ii) of 
this section. The RA will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. The 
RA will provide timely notice to affected participants via publication 
of notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the affected 
participants' use of paper forms for the duration of the catastrophic 
conditions. The paper forms will be available from NMFS. During 
catastrophic conditions, the RA has the authority to waive or modify 
reporting time requirements.
    (4) Compliance requirement. Electronic reports required by paragraph 
(b)(1)(ii) of this section must be submitted and received by NMFS 
according to the reporting requirements under this section. A report not 
received within the time specified in paragraph (b)(2)(ii) of this 
section is delinquent. A delinquent report automatically results in the 
owner and operator of a headboat for which a charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued being 
prohibited from harvesting or possessing such species, regardless of any 
additional notification to the delinquent owner and operator by NMFS. 
The owner and operator who are prohibited from harvesting or possessing 
such species due to delinquent reports are authorized to harvest or 
possess such species only after all required and delinquent reports have 
been submitted and received by NMFS according to the reporting 
requirements under this section.
    (c) Dealers. (1) A dealer who first receives South Atlantic snapper-
grouper (including wreckfish) must maintain records and submit 
information as specified in Sec. 622.5(c).
    (2) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec. 622.170(c)(1), must make 
available to an authorized officer all records of offloadings, 
purchases, or sales of South Atlantic snapper-grouper (including 
wreckfish).
    (d) Private recreational vessels in the South Atlantic snapper-
grouper fishery. The owner or operator of a vessel that fishes for or 
lands South Atlantic snapper-grouper in or from the South Atlantic EEZ 
who is selected to report by the SRD must--
    (1) Maintain a fishing record for each trip, or a portion of such 
trips as specified by the SRD, on forms provided by the SRD. Completed 
fishing records must be submitted to the SRD monthly and must either be 
made available to an authorized statistical reporting agent or be 
postmarked not later than 7 days after the end of each month. 
Information to be reported is indicated

[[Page 318]]

on the form and its accompanying instructions.
    (2) Participate in the NMFS-sponsored electronic logbook and/or 
video monitoring reporting program as directed by the SRD.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 
79 FR 19495, Apr. 9, 2014]



Sec. 622.177  Gear identification.

    (a) Sea bass pots and associated buoys--(1) Sea bass pots. A sea 
bass pot used or possessed in the South Atlantic EEZ between 
35 deg.15.19' N. lat. (due east of Cape Hatteras Light, NC) and 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL), or a sea bass pot on board a vessel with a 
commercial permit for South Atlantic snapper-grouper, must have a valid 
identification tag issued by the RA attached.
    (2) Associated buoys. In the South Atlantic EEZ, buoys are not 
required to be used, but, if used, each buoy must display the official 
number and color code assigned by the RA so as to be easily 
distinguished, located, and identified.
    (3) Presumption of ownership. A sea bass pot in the EEZ will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply with respect to such pots that are lost or 
sold if the owner reports the loss or sale within 15 days to the RA.
    (4) Unmarked sea bass pots or buoys. An unmarked sea bass pot or a 
buoy deployed in the EEZ where such pot or buoy is required to be marked 
is illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.
    (b) [Reserved]



Sec. 622.178  At-sea observer coverage.

    (a) Required coverage. (1) A vessel for which a Federal commercial 
vessel permit for South Atlantic snapper-grouper or a charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued must 
carry a NMFS-approved observer, if the vessel's trip is selected by the 
SRD for observer coverage. Vessel permit renewal is contingent upon 
compliance with this paragraph (a)(1).
    (2) Any other vessel that fishes for South Atlantic snapper-grouper 
in the South Atlantic EEZ must carry a NMFS-approved observer, if the 
vessel's trip is selected by the SRD for observer coverage.
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.179  Conservation measures for protected resources.

    (a) South Atlantic snapper-grouper commercial vessels and charter 
vessels/headboats--(1) Sea turtle conservation measures. (i) The owner 
or operator of a vessel for which a commercial vessel permit for South 
Atlantic snapper-grouper or a charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, as required under Sec. Sec. 
622.170(a)(1) and 622.170(b)(1), respectively, and whose vessel has on 
board any hook-and-line gear, must post inside the wheelhouse, or within 
a waterproof case if no wheelhouse, a

[[Page 319]]

copy of the document provided by NMFS titled, ``Careful Release 
Protocols for Sea Turtle Release With Minimal Injury,'' and must post 
inside the wheelhouse, or in an easily viewable area if no wheelhouse, 
the sea turtle handling and release guidelines provided by NMFS.
    (ii) Such owner or operator must also comply with the sea turtle 
bycatch mitigation measures, including gear requirements and sea turtle 
handling requirements, specified in Appendix F to this part.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board and must use a dipnet, cushioned/support 
device, short-handled dehooker, long-nose or needle-nose pliers, bolt 
cutters, monofilament line cutters, and at least two types of mouth 
openers/mouth gags. This equipment must meet the specifications 
described in Appendix F to this part. Those permitted vessels with a 
freeboard height of greater than 4 ft (1.2 m) must have on board a 
dipnet, cushioned/support device, long-handled line clipper, a short-
handled and a long-handled dehooker, a long-handled device to pull an 
inverted ``V'', long-nose or needle-nose pliers, bolt cutters, 
monofilament line cutters, and at least two types of mouth openers/mouth 
gags. This equipment must meet the specifications described in Appendix 
F to this part.
    (2) Smalltooth sawfish conservation measures. The owner or operator 
of a vessel for which a commercial vessel permit for South Atlantic 
snapper-grouper or a charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, as required under Sec. Sec. 
622.170(a)(1) and 622.170(b)(1), respectively, that incidentally catches 
a smalltooth sawfish must--
    (i) Keep the sawfish in the water at all times;
    (ii) If it can be done safely, untangle the line if it is wrapped 
around the saw;
    (iii) Cut the line as close to the hook as possible; and
    (iv) Not handle the animal or attempt to remove any hooks on the 
saw, except with a long-handled dehooker.
    (b) [Reserved]



Sec. 622.180  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Poisons. A poison may not be used to fish for South Atlantic 
snapper-grouper in the South Atlantic EEZ.
    (b) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest South Atlantic snapper-grouper 
with spearfishing gear. The possession of such snapper-grouper while in 
the water with a rebreather is prima facie evidence that such fish was 
harvested with spearfishing gear while using a rebreather.
    (c) Longlines for wreckfish. A bottom longline may not be used to 
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel 
that has a longline on board may not retain a wreckfish in or from the 
South Atlantic EEZ. For the purposes of this paragraph, a vessel is 
considered to have a longline on board when a power-operated longline 
hauler, a cable of diameter suitable for use in the longline fishery 
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.



Sec. 622.181  Prohibited and limited-harvest species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited species. (1) Goliath grouper may not be harvested or 
possessed in the South Atlantic EEZ. Goliath grouper taken in the South 
Atlantic EEZ incidentally by hook-and-line must be released immediately 
by cutting the line without removing the fish from the water.
    (2) Red snapper. Red snapper may not be harvested or possessed in or 
from the South Atlantic EEZ, except if NMFS determines a limited amount 
of red snapper may be harvested or possessed in or from the South 
Atlantic

[[Page 320]]

EEZ, as specified in Sec. 622.193(y). Red snapper caught in the South 
Atlantic EEZ must be released immediately with a minimum of harm. In 
addition, for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, the prohibition on the harvest or possession of 
red snapper applies in the South Atlantic, regardless of where such fish 
are harvested or possessed, i.e., in state or Federal waters.
    (3) Speckled hind and warsaw grouper. Speckled hind and warsaw 
grouper may not be harvested or possessed in or from the South Atlantic 
EEZ. Such fish caught in the South Atlantic EEZ must be released 
immediately with a minimum of harm. These restrictions also apply in the 
South Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, i.e., in state or Federal waters.
    (4) Nassau grouper may not be harvested or possessed in the South 
Atlantic EEZ or the Gulf EEZ. Nassau grouper taken in the South Atlantic 
EEZ or the Gulf EEZ incidentally by hook-and-line must be released 
immediately by cutting the line without removing the fish from the 
water.
    (c) Limited-harvest species. A person who fishes in the EEZ may not 
combine a harvest limitation specified in this paragraph (c) with a 
harvest limitation applicable to state waters. A species subject to a 
harvest limitation specified in this paragraph (c) taken in the EEZ may 
not be transferred at sea, regardless of where such transfer takes 
place, and such species may not be transferred in the EEZ.
    (1) Cubera snapper. No person may harvest more than two cubera 
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the 
South Atlantic EEZ off Florida and no more than two such cubera snapper 
in or from the South Atlantic EEZ off Florida may be possessed on board 
a vessel at any time.
    (2) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44464, July 24, 2013; 
78 FR 78775, Dec. 27, 2013]



Sec. 622.182  Gear-restricted areas.

    (a) Special management zones (SMZs). (1) The SMZs consist of 
artificial reefs and surrounding areas as follows:
    (i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.; 
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W. 
long.; and on the west by 78 deg.58.85' W. long.
    (ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. lat.; 
on the south by 33 deg.24.80' N. lat.; on the east by 78 deg.51.08' W. 
long.; and on the west by 78 deg.52.97' W. long.
    (iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58' 
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by 
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
    (iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N. 
lat.; on the south by 33 deg.13.85' N. lat.; on the east by 
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
    (v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; on 
the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W. 
long.; and on the west by 79 deg.35.10' W. long.
    (vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.; 
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W. 
long.; and on the west by 80 deg.00.95' W. long.
    (vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30' 
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by 
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
    (viii) Hunting Island Reef is bounded on the north by 32 deg.13.72' 
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by 
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
    (ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N. 
lat.; on the south by 32 deg.14.75' N. lat.; on the east by 
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
    (x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N. 
lat.; on the south by 32 deg.02.88' N. lat.; on the east by 
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the 
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W. 
long.

[[Page 321]]

    (xii) Artificial Reef--A is bounded on the north by 30 deg.57.4' N. 
lat.; on the south by 30 deg.55.4' N. lat.; on the east by 81 deg.13.9' 
W. long.; and on the west by 81 deg.16.3' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.52.0' N. 
lat.; on the south by 30 deg.50.0' N. lat.; on the east by 81 deg.08.5' 
W. long.; and on the west by 81 deg.10.9' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 31 deg.00.0' N. 
lat.; on the south by 30 deg.58.0' N. lat.; on the east by 80 deg.56.8' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.8' N. 
lat.; on the south by 31 deg.04.8' N. lat.; on the east by 81 deg.10.5' 
W. long.; and on the west by 81 deg.13.4' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.34.7' N. lat.; on the east by 80 deg.47.3' 
W. long.; and on the west by 80 deg.50.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.0' N. 
lat.; on the south by 31 deg.44.0' N. lat.; on the east by 80 deg.34.7' 
W. long.; and on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.49.2' N. lat.; on the east by 
80 deg.45.3' W. long.; and on the west by 80 deg.47.7' W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east 
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  27 deg.23.68'         80 deg.03.95'
B...........................  27 deg.22.80'         80 deg.03.60'
C...........................  27 deg.23.94'         80 deg.00.02'
D...........................  27 deg.24.85'         80 deg.00.33'
A...........................  27 deg.23.68'         80 deg.03.95'
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the 
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W. 
long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the 
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W. 
long.
    (xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. lat.; 
on the south by 33 deg.20.70' N. lat.; on the east by 78 deg.24.80' W. 
long.; and on the west by 78 deg.25.60' W. long.
    (xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N. 
lat.; on the south by 32 deg.57.30' N. lat.; on the east by 
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
    (xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N. 
lat.; on the south by 32 deg.59.50' N. lat.; on the east by 
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
    (xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.; 
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W. 
long.; and on the west by 79 deg.19.70' W. long.
    (xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' N. 
lat.; on the south by 32 deg.00.98' N. lat.; on the east by 
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the 
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W. 
long.
    (xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N. 
lat.; on the south by 32 deg.26.90' N. lat.; on the east by 
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
    (xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 
33 deg.17.50' N. lat.; on the south by 33 deg.16.50' N. lat.; on the 
east by 78 deg.44.67' W. long.; and on the west by 78 deg.45.98' W. 
long.
    (xxxi) Georgetown 95 Foot Reef is bounded on the north by 
33 deg.11.75' N. lat.; on the south by 33 deg.10.75' N. lat.; on the 
east by 78 deg.24.10' W. long.; and on the west by 78 deg.25.63' W. 
long.
    (xxxii) New Georgetown 60 Foot Reef is bounded on the north by 
33 deg.09.25' N. lat.; on the south by 33 deg.07.75' N. lat.; on the 
east by 78 deg.49.95' W. long.; and on the west by 78 deg.51.45' W. 
long.
    (xxxiii) North Inlet 45 Foot Reef is bounded on the north by 
33 deg.21.03' N. lat.; on the south by 33 deg.20.03' N. lat.; on the 
east by 79 deg.00.31' W. long.; and on the west by 79 deg.01.51' W. 
long.
    (xxxiv) CJ Davidson Reef is bounded on the north by 33 deg.06.48' N. 
lat.; on the

[[Page 322]]

south by 33 deg.05.48' N. lat.; on the east by 79 deg.00.27' W. long.; 
and on the west by 79 deg.01.39' W. long.
    (xxxv) Greenville Reef is bounded on the north by 32 deg.57.25' N. 
lat.; on the south by 32 deg.56.25' N. lat.; on the east by 
78 deg.54.25' W. long.; and on the west by 78 deg.55.25' W. long.
    (xxxvi) Charleston 60 Foot Reef is bounded on the north by 
32 deg.33.60' N. lat.; on the south by 32 deg.32.60' N. lat.; on the 
east by 79 deg.39.70' W. long.; and on the west by 79 deg.40.90' W. 
long.
    (xxxvii) Edisto 60 Foot Reef is bounded on the north by 
32 deg.21.75' N. lat.; on the south by 32 deg.20.75' N. lat.; on the 
east by 80 deg.04.10' W. longitude; and on the west by 80 deg.05.70' W. 
long.
    (xxxviii) Edisto 40 Foot Reef is bounded on the north by 
32 deg.25.78' N. lat.; on the south by 32 deg.24.78' N. lat.; on the 
east by 80 deg.11.24' W. long.; and on the west by 80 deg.12.32' W. 
long.
    (xxxix) Beaufort 45 Foot Reef is bounded on the north by 
32 deg.07.65' N. lat.; on the south by 32 deg.06.65' N. lat.; on the 
east by 80 deg.28.80' W. long.; and on the west by 80 deg.29.80' W. 
long.
    (xl) Artificial Reef--ALT is bounded on the north by 31 deg.18.6' N. 
lat.; on the south by 31 deg.16.6' N. lat.; on the east by 81 deg.07.0' 
W. long.; and on the west by 81 deg.09.4' W. long.
    (xli) Artificial Reef--CAT is bounded on the north by 31 deg.40.2' 
N. lat.; on the south by 31 deg.38.2' N. lat.; on the east by 
80 deg.56.2' W. long.; and on the west by 80 deg.58.6' W. long.
    (xlii) Artificial Reef--CCA is bounded on the north by 31 deg.43.7' 
N. lat.; on the south by 31 deg.41.7' N. lat.; on the east by 
80 deg.40.0' W. long.; and on the west by 80 deg.42.3' W. long.
    (xliii) Artificial Reef--DRH is bounded on the north by 31 deg.18.0' 
N. lat.; on the south by 31 deg.16.0' N. lat.; on the east by 
80 deg.56.6' W. long.; and on the west by 80 deg.59.0' W. long.
    (xliv) Artificial Reef--DUA is bounded on the north by 31 deg.47.8' 
N. lat.; on the south by 31 deg.45.8' N. lat.; on the east by 
80 deg.52.1' W. long.; and on the west by 80 deg.54.5' W. long.
    (xlv) Artificial Reef--DW is bounded on the north by 31 deg.22.8' N. 
lat.; on the south by 31 deg.20.3' N. lat.; on the east by 79 deg.49.8' 
W. long.; and on the west by 79 deg.51.1' W. long.
    (xlvi) Artificial Reef--KBY is bounded on the north by 30 deg.48.6' 
N. lat.; on the south by 30 deg.46.6' N. lat.; on the east by 
81 deg.15.0' W. long.; and on the west by 81 deg.17.4' W. long.
    (xlvii) Artificial Reef--KTK is bounded on the north by 31 deg.31.3' 
N. lat.; on the south by 31 deg.29.3' N. lat.; on the east by 
80 deg.59.1' W. long.; and on the west by 81 deg.01.5' W. long.
    (xlviii) Artificial Reef--MRY is bounded on the north by 
30 deg.47.5' N. lat.; on the south by 30 deg.45.5' N. lat.; on the east 
by 81 deg.05.5' W. long.; and on the west by 81 deg.07.8' W. long.
    (xlix) Artificial Reef--SAV is bounded on the north by 31 deg.55.4' 
N. lat.; on the south by 31 deg.53.4' N. lat.; on the east by 
80 deg.45.2' W. long.; and on the west by 80 deg.47.6' W. long.
    (l) Artificial Reef--SFC is bounded on the north by 31 deg.00.8' N. 
lat.; on the south by 30 deg.59.8' N. lat.; on the east by 81 deg.02.2' 
W. long.; and on the west by 81 deg.03.4' W. long.
    (li) Artificial Reef--WW is bounded on the north by 31 deg.43.5' N. 
lat.; on the south by 31 deg.42.2' N. lat.; on the east by 79 deg.57.7' 
W. long.; and on the west by 79 deg.59.3' W. long.
    (2) To determine what restrictions apply in the SMZs listed in 
paragraph (a)(1) of this section, follow this table:

------------------------------------------------------------------------
   In SMZs specified in the following
       paragraphs of this section            These restrictions apply
------------------------------------------------------------------------
(a)(1)(i) through (x), (a)(1)(xx), and   Use of a powerhead to take
 (a)(1)(xxii) through (xxxix).            South Atlantic snapper-grouper
                                          is prohibited.
                                         Possession of a powerhead and a
                                          mutilated South Atlantic
                                          snapper-grouper in, or after
                                          having fished in, one of these
                                          SMZs constitutes prima facie
                                          evidence that such fish was
                                          taken with a powerhead in the
                                          SMZ. Harvest and possession of
                                          a South Atlantic snapper-
                                          grouper is limited to the bag-
                                          limits specified Sec.
                                          622.187(b).
(a)(1)(i) through (xviii) and            Fishing may only be conducted
 (a)(1)(xxii) through (li).               with handline, rod and reel,
                                          and spearfishing gear.
(a)(1)(i) through (li).................  Use of a sea bass pot or bottom
                                          longline is prohibited.
(a)(1)(xii) through (xviii) and          Possession of South Atlantic
 (a)(1)(xl) through (li).                 snapper-grouper taken with a
                                          powerhead is limited to the
                                          bag limits specified in Sec.
                                          622.187(b).

[[Page 323]]

 
(a)(1)(xix) and (a)(1)(xx).............  A hydraulic or electric reel
                                          that is permanently affixed to
                                          the vessel is prohibited when
                                          fishing for South Atlantic
                                          snapper-grouper.
(a)(1)(xix) and (a)(1)(xxi)............  Use of spearfishing gear is
                                          prohibited.
------------------------------------------------------------------------

    (b) Longline prohibited areas. A longline may not be used to fish in 
the EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. 
(due east of the entrance to St. Lucie Inlet, FL); or north of 
27 deg.10' N. lat. where the charted depth is less than 50 fathoms (91.4 
m), as shown on the latest edition of the largest scale NOAA chart of 
the location. A person aboard a vessel with a longline on board that 
fishes on a trip in the South Atlantic EEZ south of 27 deg.10' N. lat., 
or north of 27 deg.10' N. lat. where the charted depth is less than 50 
fathoms (91.4 m), is limited on that trip to the bag limit for South 
Atlantic snapper-grouper for which a bag limit is specified in Sec. 
622.187(b), and to zero for all other South Atlantic snapper-grouper. 
For the purpose of this paragraph, a vessel is considered to have a 
longline on board when a power-operated longline hauler, a cable or 
monofilament of diameter and length suitable for use in the longline 
fishery, and gangions are on board. Removal of any one of these three 
elements constitutes removal of a longline.
    (c) Powerhead prohibited area. A powerhead may not be used in the 
EEZ off South Carolina to harvest South Atlantic snapper-grouper. The 
possession of a mutilated South Atlantic snapper-grouper in or from the 
EEZ off South Carolina, and a powerhead is prima facie evidence that 
such fish was harvested by a powerhead.
    (d) Sea bass pot prohibited area. A sea bass pot may not be used in 
the South Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the 
NASA Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot 
deployed in the EEZ south of 28 deg.35.1' N. lat. may be disposed of in 
any appropriate manner by the Assistant Administrator or an authorized 
officer.



Sec. 622.183  Area and seasonal closures.

    (a) Area closures--(1) Marine protected areas (MPAs). (i) No person 
may fish for a South Atlantic snapper-grouper in an MPA, and no person 
may possess a South Atlantic snapper-grouper in an MPA. However, the 
prohibition on possession does not apply to a person aboard a vessel 
that is in transit with fishing gear appropriately stowed as specified 
in paragraph (a)(1)(ii) of this section. In addition to these 
restrictions, see Sec. 635.21(d)(1)(iii) of this chapter regarding 
restrictions applicable within these MPAs for any vessel issued a permit 
under part 635 of this chapter that has longline gear on board. MPAs 
consist of deepwater areas as follows:
    (A) Snowy Grouper Wreck MPA is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  33 deg.25'            77 deg.04.75'
B...........................  33 deg.34.75'         76 deg.51.3'
C...........................  33 deg.25.5'          76 deg.46.5'
D...........................  33 deg.15.75'         77 deg.00.0'
A...........................  33 deg.25'            77 deg.04.75'
------------------------------------------------------------------------

    (B) Northern South Carolina MPA is bounded on the north by 
32 deg.53.5' N. lat.; on the south by 32 deg.48.5' N. lat.; on the east 
by 78 deg.04.75' W. long.; and on the west by 78 deg.16.75' W. long.
    (C) Edisto MPA is bounded on the north by 32 deg.24' N. lat.; on the 
south by 32 deg.18.5' N. lat.; on the east by 78 deg.54.0' W. long.; and 
on the west by 79 deg.06.0' W. long.
    (D) Charleston Deep Artificial Reef MPA is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  32 deg.04'            79 deg.12'
B...........................  32 deg.08.5'          79 deg.07.5'
C...........................  32 deg.06'            79 deg.05'
D...........................  32 deg.01.5'          79 deg.09.3'
A...........................  32 deg.04'            79 deg.12'
------------------------------------------------------------------------

    (E) Georgia MPA is bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  31 deg.43'            79 deg.31'
B...........................  31 deg.43'            79 deg.21'

[[Page 324]]

 
C...........................  31 deg.34'            79 deg.29'
D...........................  31 deg.34'            79 deg.39'
A...........................  31 deg.43'            79 deg.31'
------------------------------------------------------------------------

    (F) North Florida MPA is bounded on the north by 30 deg.29' N. lat.; 
on the south by 30 deg.19' N. lat.; on the east by 80 deg.02' W. long.; 
and on the west by 80 deg.14' W. long.
    (G) St. Lucie Hump MPA is bounded on the north by 27 deg.08' N. 
lat.; on the south by 27 deg.04' N. lat.; on the east by 79 deg.58' W. 
long.; and on the west by 80 deg.00' W. long.
    (H) East Hump MPA is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.36.5'          80 deg.45.5'
B...........................  24 deg.32'            80 deg.36'
C...........................  24 deg.27.5'          80 deg.38.5'
D...........................  24 deg.32.5'          80 deg.48'
A...........................  24 deg.36.5'          80 deg.45.5'
------------------------------------------------------------------------

    (ii) For the purpose of paragraph (a)(1)(i) of this section, transit 
means direct, non-stop progression through the MPA. Fishing gear 
appropriately stowed means--
    (A) A longline may be left on the drum if all gangions and hooks are 
disconnected and stowed below deck. Hooks cannot be baited. All buoys 
must be disconnected from the gear; however, buoys may remain on deck.
    (B) A trawl or try net may remain on deck, but trawl doors must be 
disconnected from such net and must be secured.
    (C) A gillnet, stab net, or trammel net must be left on the drum. 
Any additional such nets not attached to the drum must be stowed below 
deck.
    (D) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) 
used with an automatic reel, bandit gear, buoy gear, handline, or rod 
and reel must be disconnected and stowed separately from such fishing 
gear. A rod and reel must be removed from the rod holder and stowed 
securely on or below deck.
    (E) A crustacean trap, golden crab trap, or sea bass pot cannot be 
baited. All buoys must be disconnected from the gear; however, buoys may 
remain on deck.
    (2) [Reserved]
    (b) Seasonal closures--(1) Seasonal closure of the commercial and 
recreational sectors for gag and associated grouper species. During 
January through April each year, no person may fish for, harvest, or 
possess in or from the South Atlantic EEZ any South Atlantic shallow-
water grouper (SASWG) (gag, black grouper, red grouper, scamp, red hind, 
rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney). 
In addition, for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, the provisions of this closure apply in the 
South Atlantic, regardless of where such fish are harvested, i.e., in 
state or Federal waters.
    (2) Wreckfish spawning-season closure. From January 15 through April 
15, each year, no person may harvest or possess on a fishing vessel 
wreckfish in or from the EEZ; offload wreckfish from the EEZ; or sell or 
purchase wreckfish in or from the EEZ. The prohibition on sale or 
purchase of wreckfish does not apply to trade in wreckfish that were 
harvested, offloaded, and sold or purchased prior to January 15 and were 
held in cold storage by a dealer or processor.
    (3) Wreckfish recreational sector closures. The recreational sector 
for wreckfish in or from the South Atlantic EEZ is closed from January 1 
through June 30, and September 1 through December 31, each year. During 
a closure, the bag and possession limit for wreckfish in or from the 
South Atlantic EEZ is zero.
    (4) [Reserved]
    (5) Closures of the commercial and recreational sectors for red 
snapper--(i) The commercial and recreational sectors for red snapper are 
closed (i.e., red snapper may not be harvested or possessed, or sold or 
purchased) in or from the South Atlantic EEZ, except if NMFS determines 
a limited amount of red snapper may be harvested or possessed in or from 
the South Atlantic EEZ, as specified in Sec. 622.193(y). If NMFS 
determines that commercial and recreational fishing seasons for red 
snapper may be established in a given fishing year, NMFS will announce 
the season opening dates in the Federal Register. The recreational 
fishing season would consist of consecutive Fridays, Saturdays, and 
Sundays, unless

[[Page 325]]

otherwise specified. NMFS will project the length of the recreational 
fishing season and announce the recreational fishing season end date in 
the Federal Register. See 622.193(y), for establishing the end date of 
the commercial fishing season.
    (ii) If the RA determines tropical storm or hurricane conditions 
exist, or are projected to exist, in the South Atlantic, during a 
commercial or recreational fishing season, the RA may modify the opening 
and closing dates of the fishing season by filing a notification to that 
effect with the Office of the Federal Register, and announcing via NOAA 
Weather Radio and a Fishery Bulletin any change in the dates of the red 
snapper commercial or recreational fishing season.
    (iii) If the projected commercial or recreational fishing season is 
determined by NMFS to be 3 days or less, then the commercial or 
recreational fishing season will not open for that fishing year.
    (6) Seasonal closure of the commercial black sea bass pot component 
of the snapper-grouper fishery. From November 1 through April 30, each 
year, the commercial black sea bass pot component of the snapper-grouper 
fishery is closed. During this closure, no person may harvest or possess 
black sea bass in or from the South Atlantic EEZ either with sea bass 
pots or from a vessel with sea bass pots on board. In addition, sea bass 
pots must be removed from the water in the South Atlantic EEZ before 
November 1, and may not be on board a vessel in the South Atlantic EEZ 
during this closure.
    (7) Blueline tilefish recreational sector closure. The recreational 
sector for blueline tilefish in or from the South Atlantic EEZ is closed 
from January 1 through April 30, and September 1 through December 31, 
each year. During a closure, the bag and possession limit for blueline 
tilefish in or from the South Atlantic EEZ is zero.
    (8) Snowy grouper recreational sector closure. The recreational 
sector for snowy grouper in or from the South Atlantic EEZ is closed 
from January 1 through April 30, and September 1 through December 31, 
each year. During a closure, the bag and possession limit for snowy 
grouper in or from the South Atlantic EEZ is zero.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44464, July 24, 2013; 
78 FR 47579, Aug. 6, 2013; 78 FR 49184, Aug. 13, 2013; 78 FR 58253, 
Sept. 23, 2013; 80 FR 16587, Mar. 30, 2015; 80 FR 43038, July 21, 2015]



Sec. 622.184  Seasonal harvest limitations.

    (a) Greater amberjack spawning season. During April, each year, the 
possession of greater amberjack in or from the South Atlantic EEZ and in 
the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such greater amberjack 
were harvested, is limited to one per person per day or one per person 
per trip, whichever is more restrictive. Such greater amberjack are 
subject to the prohibition on sale or purchase, as specified in Sec. 
622.192(g).
    (b) Mutton snapper spawning season. During May and June, each year, 
the possession of mutton snapper in or from the EEZ on board a vessel 
that has a commercial permit for South Atlantic snapper-grouper is 
limited to 10 per person per day or 10 per person per trip, whichever is 
more restrictive.
    (c) Red porgy. During January, February, March, and April, the 
harvest or possession of red porgy in or from the South Atlantic EEZ is 
limited to three per person per day or three per person per trip, 
whichever is more restrictive. In addition, this limitation is 
applicable in the South Atlantic on board a vessel for which a valid 
Federal commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued without regard to where such red porgy 
were harvested. Such red porgy are subject to the prohibition on sale or 
purchase, as specified in Sec. 622.192(f).



Sec. 622.185  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit, as 
specified in this section, in or from the South Atlantic EEZ, may not be 
possessed, sold, or purchased. A fish not in compliance with its size 
limit must be released immediately with a minimum of harm.

[[Page 326]]

The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on board are in compliance with the size limits 
specified in this section.
    (a) Snapper--(1) [Reserved]
    (2) Vermilion snapper--12 inches (30.5 cm), TL.
    (3) Blackfin, cubera, gray, queen, silk, and yellowtail snappers--12 
inches (30.5 cm), TL.
    (4) Mutton snapper--16 inches (40.6 cm), TL.
    (5) Lane snapper--8 inches (20.3 cm), TL.
    (b) Grouper--(1) Red, yellowfin, and yellowmouth grouper; and 
scamp--20 inches (50.8 cm), TL.
    (2) Black grouper and gag--24 inches (61.0 cm), TL.
    (c) Other snapper-grouper species--(1) Black sea bass.
    (i) For a fish taken by a person subject to the bag limit specified 
in Sec. 622.187(b)(7)--13 inches (33 cm), TL.
    (ii) For a fish taken by a person not subject to the bag limit 
specified in Sec. 622.187(b)(7)--11 inches (28 cm), TL.
    (2) Gray triggerfish. (i) In the South Atlantic EEZ off Florida--14 
inches (35.6 cm), FL.
    (ii) In the South Atlantic EEZ off North Carolina, South Carolina, 
and Georgia--12 inches (30.5 cm), FL.
    (3) Hogfish--12 inches (30.5 cm), fork length.
    (4) Red porgy--14 inches (35.6 cm), TL.
    (5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec. 
622.187(b)(1) and 36 inches (91.4 cm), fork length, for a fish taken by 
a person not subject to the bag limit.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 
80 FR 30952, June 1, 2015; 81 FR 32253, May 23, 2016]



Sec. 622.186  Landing fish intact.

    (a) South Atlantic snapper-grouper in or from the South Atlantic EEZ 
must be maintained with head and fins intact, except as specified in 
paragraph (b) of this section. Such fish may be eviscerated, gilled, and 
scaled, but must otherwise be maintained in a whole condition. The 
operator of a vessel that fishes in the EEZ is responsible for ensuring 
that fish on that vessel in the EEZ are maintained intact and, if taken 
from the EEZ, are maintained intact through offloading ashore, as 
specified in this section.
    (b) In the South Atlantic EEZ, snapper-grouper lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided that the skin remains intact on the 
entire fillet of any snapper-grouper carcasses, valid Bahamian fishing 
and cruising permits are on board the vessel, each person on the vessel 
has a valid government passport with current stamps and dates from The 
Bahamas, and the vessel is in transit through the South Atlantic EEZ 
with fishing gear appropriately stowed. For the purpose of this 
paragraph, a vessel is in transit through the South Atlantic EEZ when it 
is on a direct and continuous course through the South Atlantic EEZ and 
no one aboard the vessel fishes in the EEZ. For the purpose of this 
paragraph, fishing gear appropriately stowed means that terminal gear 
(i.e., hook, leader, sinker, flasher, or bait) used with an automatic 
reel, bandit gear, buoy gear, handline, or rod and reel must be 
disconnected and stowed separately from such fishing gear. Sinkers must 
be disconnected from the down rigger and stowed separately. See Sec. 
622.187(a)(3) for the limit of snapper-grouper fillets lawfully 
harvested from Bahamian waters that may transit through the South 
Atlantic EEZ.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 80688, Dec. 28, 2015]



Sec. 622.187  Bag and possession limits.

    (a) Additional applicability provisions for South Atlantic snapper-
grouper. Section 622.11(a) provides the general applicability for bag 
and possession limits. However, Sec. 622.11(a) notwithstanding:
    (1) The bag and other limits specified in Sec. 622.182(b) apply for 
South Atlantic snapper-grouper in or from the EEZ to a person aboard a 
vessel for which a commercial permit for South Atlantic snapper-grouper 
has been issued that has on board a longline in the longline closed 
area.
    (2) A person aboard a vessel for which a commercial permit for South 
Atlantic snapper-grouper has been issued

[[Page 327]]

must comply with the bag limits specified in paragraph (b)(1) of this 
section for South Atlantic snapper-grouper taken with a powerhead, 
regardless of where taken, when such snapper-grouper are possessed in an 
SMZ specified in Sec. 622.182(a)(1)(xii) through (a)(1)(xviii) or 
(a)(1)(xl) through (a)(1)(li).
    (3) In the South Atlantic EEZ, a vessel that lawfully harvests 
snapper-grouper in Bahamian waters, as per Sec. 622.186 (b), must 
comply with the bag and possession limits specified in this section. For 
determining how many snapper-grouper are on board a vessel in fillet 
form when harvested lawfully in Bahamian waters, two fillets of snapper-
grouper, regardless of the length of each fillet, is equivalent to one 
snapper-grouper. The skin must remain intact on the entire fillet of any 
snapper-grouper carcass.
    (b) Bag limits--(1) Greater amberjack--1.
    (2) Grouper and tilefish, combined--3. Within the 3-fish aggregate 
bag limit:
    (i) No more than one fish may be gag or black grouper, combined;
    (ii) No more than one fish per vessel may be a snowy grouper;
    (iii) No more than one fish may be a golden tilefish; and
    (iv) [Reserved]
    (v) No goliath grouper or Nassau grouper may be retained.
    (3) Hogfish in the South Atlantic off Florida--5.
    (4) Snappers, combined--10. However, excluded from this 10-fish bag 
limit are cubera snapper, measuring 30 inches (76.2 cm), TL, or larger, 
in the South Atlantic off Florida, and red snapper and vermilion 
snapper. (See Sec. 622.181(b)(2) for the prohibitions on harvest or 
possession of red snapper, except during a limited recreational fishing 
season, and Sec. 622.181(c)(1) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (5) Vermilion snapper--5.
    (6) Red porgy--3.
    (7) Black sea bass--7.
    (8) South Atlantic snapper-grouper, combined--20. However, excluded 
from this 20-fish bag limit are tomtate, South Atlantic snapper-grouper 
ecosystem component species (specified in Table 4 of Appendix A to part 
622), and those specified in paragraphs (b)(1) through (7) and 
paragraphs (b)(9) and (10) of this section.
    (9) Red snapper--0, except during a limited recreational fishing 
season, as specified in Sec. 622.183(b)(5), during which time the bag 
limit is 1 fish.
    (10) No more than one fish per vessel may be a wreckfish.
    (11) Longline bag limits. Other provisions of this paragraph (b) 
notwithstanding, a person on a trip aboard a vessel for which the bag 
limits apply that has a longline on board is limited on that trip to the 
bag limit for South Atlantic snapper-grouper for which a bag limit is 
specified in this paragraph (b), and to zero for all other South 
Atlantic snapper-grouper. For the purposes of this paragraph (b)(11), a 
vessel is considered to have a longline on board when a power-operated 
longline hauler, a cable or monofilament of diameter and length suitable 
for use in the longline fishery, and gangions are on board. Removal of 
any one of these elements constitutes removal of a longline.
    (c) Possession limits. (1) Provided each passenger is issued and has 
in possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (i) A person aboard a charter vessel or headboat on a trip that 
spans more than 24 hours may possess no more than two daily bag limits 
of species other than red porgy.
    (ii) A person aboard a headboat on a trip that spans more than 48 
hours and who can document that fishing was conducted on at least 3 days 
may possess no more than three daily bag limits of species other than 
red porgy.
    (2) A person aboard a vessel may not possess red porgy in or from 
the EEZ in excess of three per day or three per trip, whichever is more 
restrictive.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 
78 FR 78775, Dec. 27, 2013; 80 FR 16587, Mar. 30, 2015; 80 FR 80688, 
Dec. 28, 2015; 81 FR 45248, July 13, 2016]



Sec. 622.188  Required gear, authorized gear, and unauthorized gear.

    (a) Required gear. For a person on board a vessel to harvest or 
possess South Atlantic snapper-grouper in or

[[Page 328]]

from the South Atlantic EEZ, the vessel must possess on board and such 
person must use the gear as specified in paragraphs (a)(1) and (a)(2) of 
this section.
    (1) Dehooking device. At least one dehooking device is required and 
must be used as needed to remove hooks embedded in South Atlantic 
snapper-grouper with minimum damage. The hook removal device must be 
constructed to allow the hook to be secured and the barb shielded 
without re-engaging during the removal process. The dehooking end must 
be blunt, and all edges rounded. The device must be of a size 
appropriate to secure the range of hook sizes and styles used in the 
South Atlantic snapper-grouper fishery.
    (2) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required to be used when fishing with hook-and-line gear and 
natural baits north of 28 deg. N. lat.
    (b) Authorized gear. Subject to the gear restrictions specified in 
Sec. 622.180, the following are the only gear types authorized in a 
directed fishery for snapper-grouper in the South Atlantic EEZ: Bandit 
gear, bottom longline, buoy gear, handline, rod and reel, sea bass pot, 
and spearfishing gear.
    (c) Unauthorized gear. All gear types other than those specified in 
paragraph (b) of this section are unauthorized gear and the following 
possession and transfer limitations apply.
    (1) A vessel with trawl gear on board that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of South Atlantic 
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb (90.7 
kg) of South Atlantic snapper-grouper, excluding wreckfish, on board 
harvested such fish in the EEZ.
    (2) Except as specified in paragraphs (d) through (f) of this 
section, a person aboard a vessel with unauthorized gear on board, other 
than trawl gear, that fishes in the EEZ on a trip is limited on that 
trip to:
    (i) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.187--the bag limit.
    (ii) All other South Atlantic snapper-grouper--zero.
    (3) South Atlantic snapper-grouper on board a vessel with 
unauthorized gear on board may not be transferred at sea, regardless of 
where such transfer takes place, and such snapper-grouper may not be 
transferred in the EEZ.
    (4) No vessel may receive at sea any South Atlantic snapper-grouper 
from a vessel with unauthorized gear on board, as specified in paragraph 
(c)(3) of this section.
    (d) Possession allowance regarding sink nets off North Carolina. A 
vessel that has on board a commercial permit for South Atlantic snapper-
grouper, excluding wreckfish, that fishes in the EEZ off North Carolina 
with a sink net on board, may retain, without regard to the limits 
specified in paragraph (c)(2) of this section, otherwise legal South 
Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, 
rod and reel, or sea bass pot. For the purpose of this paragraph (d), a 
sink net is a gillnet with stretched mesh measurements of 3 to 4.75 
inches (7.6 to 12.1 cm) that is attached to the vessel when deployed.
    (e) Possession allowance regarding bait nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with no more than one 
bait net on board, may retain, without regard to the limits specified in 
paragraph (c)(2) of this section, otherwise legal South Atlantic 
snapper-grouper taken with bandit gear, buoy gear, handline, rod and 
reel, or sea bass pot. For the purpose of this paragraph (e), a bait net 
is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m) in 
height with stretched mesh measurements of 1.5 inches (3.8 cm) or 
smaller that is attached to the vessel when deployed.
    (f) Possession allowance regarding cast nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with a cast net on 
board, may retain, without regard to the limits specified in paragraph 
(c)(2) of this section, otherwise legal South Atlantic snapper-grouper 
taken with bandit gear, buoy gear, handline, rod and reel, or sea bass 
pot. For the purpose of this paragraph

[[Page 329]]

(f), a cast net is a cone-shaped net thrown by hand and designed to 
spread out and capture fish as the weighted circumference sinks to the 
bottom and comes together when pulled by a line.
    (g) Longline species limitation. A vessel that has on board a valid 
Federal commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the EEZ on a trip with a longline on board, 
may possess only the following South Atlantic snapper-grouper: snowy 
grouper, yellowedge grouper, misty grouper, golden tilefish, blueline 
tilefish, and sand tilefish. See Sec. 622.170(f) for the requirement to 
possess a valid South Atlantic golden tilefish longline endorsement to 
fish for golden tilefish in the South Atlantic EEZ using longline gear. 
For the purpose of this paragraph, a vessel is considered to have a 
longline on board when a power-operated longline hauler, a cable of 
diameter suitable for use in the longline fishery on any reel, and 
gangions are on board. Removal of any one of these three elements 
constitutes removal of a longline.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013]



Sec. 622.189  Restrictions and requirements for sea bass pots.

    (a) Tending restriction. A sea bass pot in the South Atlantic EEZ 
may be pulled or tended only by a person (other than an authorized 
officer) aboard the vessel permitted to fish such pot or aboard another 
vessel if such vessel has on board written consent of the owner or 
operator of the vessel so permitted.
    (b) Configuration restriction. In the South Atlantic EEZ, sea bass 
pots may not be used or possessed in multiple configurations, that is, 
two or more pots may not be attached one to another so that their 
overall dimensions exceed those allowed for an individual sea bass pot. 
This does not preclude connecting individual pots to a line, such as a 
``trawl'' or trot line.
    (c) Requirement for escape mechanisms. (1) A sea bass pot that is 
used or possessed in the South Atlantic EEZ between 35 deg.15.19' N. 
lat. (due east of Cape Hatteras Light, NC) and 28 deg.35.1' N. lat. (due 
east of the NASA Vehicle Assembly Building, Cape Canaveral, FL) is 
required to have--
    (i) On at least one side, excluding top and bottom, a panel or door 
with an opening equal to or larger than the interior end of the trap's 
throat (funnel). The hinges and fasteners of each panel or door must be 
made of one of the following degradable materials:
    (A) Ungalvanized or uncoated iron wire with a diameter not exceeding 
0.041 inches (1.0 mm), that is, 19 gauge wire.
    (B) Galvanic timed-release mechanisms with a letter grade 
designation (degradability index) no higher than J.
    (ii) An unobstructed escape vent opening on at least two opposite 
vertical sides, excluding top and bottom. The minimum dimensions of an 
escape vent opening (based on inside measurement) are:
    (A) 1\1/8\ by 5\3/4\ inches (2.9 by 14.6 cm) for a rectangular vent.
    (B) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
    (C) 2.0-inch (5.1-cm) diameter for a round vent.
    (2) [Reserved]
    (d) Construction requirements and mesh sizes. (1) A sea bass pot 
used or possessed in the South Atlantic EEZ must have mesh sizes as 
follows (based on centerline measurements between opposite, parallel 
wires or netting strands):
    (i) For sides of the pot other than the back panel:
    (A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm) 
between the wrapped sides;
    (B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
    (C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer 
sides and 2 inches (5.1 cm) between the shorter sides.
    (ii) For the entire back panel, i.e., the side of the pot opposite 
the side that contains the pot entrance, mesh that is at least 2 inches 
(5.1 cm) between sides.
    (2) [Reserved]
    (e) Requirements for pot removal. (1) A sea bass pot must be removed 
from the water in the South Atlantic EEZ and the vessel must be returned 
to a dock, berth, beach, seawall, or ramp at the conclusion of each 
trip. Sea bass pots

[[Page 330]]

may remain on the vessel at the conclusion of each trip.
    (2) A sea bass pot must be removed from the water in the South 
Atlantic EEZ when the applicable quota specified in Sec. 622.190(a)(5) 
is reached. After a closure is in effect, a black sea bass may not be 
retained by a vessel that has a sea bass pot on board.
    (f) Restriction on number of pots. A vessel that has on board a 
valid Federal commercial permit for South Atlantic snapper-grouper and a 
South Atlantic black sea bass pot endorsement that fishes in the South 
Atlantic EEZ on a trip with black sea bass pots, may possess only 35 
black sea bass pots per vessel per permit year. Each black sea bass pot 
in the water or onboard a vessel in the South Atlantic EEZ, must have a 
valid identification tag attached. Endorsement holders must apply for 
new tags each permit year through NMFS to replace tags from the previous 
year.



Sec. 622.190  Quotas.

    See Sec. 622.8 for general provisions regarding quota applicability 
and closure and reopening procedures. This section provides quotas and 
specific quota closure restrictions for South Atlantic snapper-grouper.
    (a) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See Sec. 
622.11 for applicability of the bag limits.) The quotas are in gutted 
weight, that is eviscerated but otherwise whole, except for the quotas 
in paragraphs (a)(4) through (7) of this section which are in both 
gutted weight and round weight.
    (1) Snowy grouper--(i) For the 2015 fishing year--115,451 lb (52,368 
kg), gutted weight; 136,233 lb (61,794 kg), round weight.
    (ii) For the 2016 fishing year--125,760 lb (57,044 kg), gutted 
weight; 148,397 lb (67,312 kg), round weight.
    (iii) For the 2017 fishing year--135,380 lb (61,407 kg), gutted 
weight; 159,749 lb (72,461 kg), round weight.
    (iv) For the 2018 fishing year--144,315 lb (65,460 kg), gutted 
weight; 170,291 lb (77,243 kg), round weight.
    (v) For the 2019 and subsequent fishing years--153,935 lb (69,824 
kg), gutted weight; 181,644 lb (82,392 kg), round weight.
    (2) Golden tilefish. (i) Longline and hook-and-line components 
combined--541,295 lb (245,527 kg).
    (ii) Hook-and-line component--135,324 lb (61,382 kg).
    (iii) Longline component--405,971 lb (184,145 kg).
    (3) Greater amberjack--769,388 lb (348,989 kg).
    (4) Vermilion snapper. (i) For the period January through June each 
year.
    (A) For the 2013 fishing year--420,252 lb (190,623 kg), gutted 
weight; 466,480 lb (211,592 kg), round weight.
    (B) For the 2014 fishing year--401,874 lb (182,287 kg), gutted 
weight; 446,080 lb (202,338 kg), round weight.
    (C) For the 2015 fishing year--394,829 lb (179,091 kg), gutted 
weight; 438,260 lb (198,791 kg), round weight.
    (D) For the 2016 and subsequent fishing years--388,703 lb (176,313 
kg), gutted weight; 431,460 lb (195,707 kg), round weight.
    (ii) For the period July through December each year.
    (A) For the 2013 fishing year--420,252 lb (190,623 kg), gutted 
weight; 466,480 lb (211,592 kg), round weight.
    (B) For the 2014 fishing year--401,874 lb (182,287 kg), gutted 
weight; 446,080 lb (202,338 kg), round weight.
    (C) For the 2015 fishing year--394,829 lb (179,091 kg), gutted 
weight; 438,260 lb (198,791 kg), round weight.
    (D) For the 2016 and subsequent fishing years--388,703 lb (176,313 
kg), gutted weight; 431,460 lb (195,707 kg), round weight.
    (iii) Any unused portion of the quota specified in paragraph 
(a)(4)(i) of this section will be added to the quota specified in 
paragraph (a)(4)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(4)(ii) of this section, including any 
addition of quota specified in paragraph (a)(4)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
    (5) Black sea bass. (i) For the 2014, 2015, and 2016 fishing years--
661,034 lb (299,840 kg), gutted weight; 780,020 lb (353,811 kg), round 
weight.
    (ii) For the 2017 fishing year and subsequent fishing years-640,063 
lb (290,328

[[Page 331]]

kg), gutted weight; 755,274 lb (342,587 kg), round weight.
    (6) Red porgy--157,692 lb (71,528 kg), gutted weight; 164,000 lb 
(74,389 kg), round weight.
    (7) Gag--(i) For the 2015 fishing year--295,459 lb (134,018 kg), 
gutted weight; 348,642 lb (158,141 kg), round weight.
    (ii) For the 2016 fishing year--297,882 lb (135,117 kg), gutted 
weight; 351,501 (159,438 kg), round weight.
    (iii) For the 2017 fishing year--318,231 lb (144,347 kg), gutted 
weight; 375,513 lb (170,330 kg), round weight.
    (iv) For the 2018 fishing year--335,188 lb (152,039 kg), gutted 
weight; 395,522 lb (179,406 kg), round weight.
    (v) For the 2019 and subsequent fishing years--347,301 lb (157,533 
kg), gutted weight; 409,816 lb (185,889 kg), round weight.
    (8) Gray triggerfish. (i) For the period January through June each 
year--156,162 lb (70,834 kg), round weight.
    (ii) For the period July through December each year--156,162 lb 
(70,834 kg), round weight.
    (iii) Any unused portion of the quota specified in paragraph 
(a)(8)(i) of this section will be added to the quota specified in 
paragraph (a)(8)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(8)(ii) of this section, including any 
addition of quota specified in paragraph (a)(8)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
    (b) Wreckfish. (1) The quotas for wreckfish apply to wreckfish 
shareholders, or their employees, contractors, or agents. The quotas are 
given round weight. See Sec. 622.172 for information on the wreckfish 
shareholder under the ITQ system.
    (i) For the 2015 fishing year--411,350 lb (186,585 kg).
    (ii) For the 2016 fishing year--402,515 (182,578 kg).
    (iii) For the 2017 fishing year--393,490 lb (178,484 kg).
    (iv) For the 2018 fishing year--385,985 lb (175,080 kg).
    (v) For the 2019 fishing year--376,960 lb (170,986 kg).
    (vi) For the 2020 and subsequent fishing years--369,645 lb (167,668 
kg).
    (2) [Reserved]
    (c) Restrictions applicable after a commercial quota closure--(1) 
South Atlantic gag, greater amberjack, snowy grouper, golden tilefish, 
vermilion snapper, black sea bass, red porgy, wreckfish, and gray 
triggerfish. (i) The appropriate bag limits specified in Sec. 
622.187(b) and the possession limits specified in Sec. 622.187(c) apply 
to all harvest or possession of the applicable species in or from the 
South Atlantic EEZ, and the sale or purchase of the applicable species 
taken from or possessed in the EEZ is prohibited. The prohibition on 
sale/purchase during a closure for the applicable species does not apply 
to fish that were harvested, landed ashore, and sold prior to the 
effective date of the closure and were held in cold storage by a dealer 
or processor.
    (ii) The bag and possession limits for the applicable species and 
the prohibition on sale/purchase apply in the South Atlantic on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters.
    (2) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013; 78 
FR 47579, Aug. 6, 2013; 78 FR 49195, Aug. 13, 2013]; 78 FR 58253, Sept. 
23, 2013; 79 FR 66322, Nov. 7, 2014; 80 FR 30953, June 1, 2015; 80 FR 
43038, July 21, 2015; 80 FR 48278, Aug. 12, 2015; 81 FR 3738, Jan. 22, 
2016]



Sec. 622.191  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ. Commercial trip limits apply as follows (all 
weights are round or eviscerated weights unless specified otherwise):
    (a) When a vessel fishes on a trip in the South Atlantic EEZ, the 
vessel trip

[[Page 332]]

limits specified in this paragraph (a) apply, provided persons aboard 
the vessel are not subject to the bag limits. See Sec. 622.11 and Sec. 
622.187(a) for applicability of the bag limits.
    (1) Trip-limited permits. A vessel for which a trip-limited permit 
for South Atlantic snapper-grouper has been issued is limited to 225 lb 
(102.1 kg) of snapper-grouper.
    (2) Golden tilefish--(i) South Atlantic snapper-grouper unlimited 
permit holders, with a longline endorsement, using longline gear. Until 
the quota specified in Sec. 622.190(a)(2)(iii) is reached, 4,000 lb 
(1,814 kg), gutted weight; 4,480 lb (2,032 kg), round weight.
    (ii) South Atlantic snapper-grouper unlimited permit holders, 
without a longline endorsement, using hook-and-line gear. Until the 
quota specified in Sec. 622.190(a)(2)(ii) is reached, the trip limit 
for golden tilefish is 500 lb (227 kg), gutted weight; 560 lb (254 kg), 
round weight. Vessels that have valid or renewable golden tilefish 
longline endorsements any time during the fishing year, are not eligible 
to fish for golden tilefish using hook-and-line gear under this 500-lb 
(227-kg), gutted weight, trip limit.
    (iii) See Sec. 622.190(c)(1) for the limitations regarding golden 
tilefish after the applicable commercial quota is reached.
    (3) Snowy grouper. Until the quota specified in Sec. 622.190(a)(1) 
is reached--200 lb (91 kg), gutted weight; 236 lb (107 kg), round 
weight. See Sec. 622.190(c)(1) for the limitations regarding snowy 
grouper after the fishing year quota is reached.
    (4) Red porgy. (i) From May 1 through December 31--120 fish.
    (ii) From January 1 through April 30, the seasonal harvest limit 
specified in Sec. 622.184(c) applies.
    (iii) See Sec. 622.190(c)(1) for the limitations regarding red 
porgy after the fishing year quota is reached.
    (5) Greater amberjack. Until the quota specified in Sec. 
622.190(a)(3) is reached, 1,200 lb (544 kg). See Sec. 622.190(c)(1) for 
the limitations regarding greater amberjack after the quota is reached.
    (6) Vermilion snapper. (i) Until 75 percent of either quota 
specified in Sec. 622.190(a)(4)(i) or (ii) is reached or projected to 
be reached, 1,000 lb (454 kg), gutted weight; 1,110 lb (503 kg), round 
weight.
    (ii) After 75 percent of either quota specified in Sec. 
622.190(a)(4)(i) or (ii) is reached or projected to be reached, 500 lb 
(227 kg), gutted weight; 555 lb (252 kg), round weight. When the 
conditions in this paragraph (a)(6)(ii) have been reached, the Assistant 
Administrator will implement this trip limit change by filing a 
notification with the Office of the Federal Register.
    (iii) See Sec. 622.190(c)(1) for the limitations regarding 
vermilion snapper after either quota specified in Sec. 622.190(a)(4)(i) 
or (ii) is reached or projected to be reached.
    (7) Gag. (i) Until 75 percent of the quota specified in Sec. 
622.190(a)(7) is reached--1,000 lb (454 kg), gutted weight, 1,180 lb 
(535 kg), round weight.
    (ii) After 75 percent of the quota specified in Sec. 622.190(a)(7) 
is reached or projected to be reached--500 lb (227 kg), gutted weight, 
590 lb (268 kg), round weight. When the conditions in this paragraph 
(a)(7)(ii) have been met, the Assistant Administrator will implement 
this trip limit change by filing a notification with the Office of the 
Federal Register.
    (iii) See Sec. 622.190(c)(1) for the limitations regarding gag 
after the quota is reached.
    (8) Black sea bass. (i) Hook-and-line component. (A) From January 1 
through April 30, until the applicable quota specified in Sec. 
622.190(a)(5) is reached--300 lb (136 kg), gutted weight; 354 lb (161 
kg), round weight.
    (B) From May 1 through December 31, until the applicable quota 
specified in Sec. 622.190(a)(5) is reached--1,000 lb (454 kg), gutted 
weight; 1,180 lb (535 kg), round weight.
    (ii) Sea bass pot component. From May 1 through October 31, until 
the applicable quota specified in Sec. 622.190(a)(5) is reached--1,000 
lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. See Sec. 
622.183(b)(6) regarding the November 1 through April 30 seasonal closure 
of the commercial black sea bass pot component of the snapper-grouper 
fishery.
    (iii) See Sec. 622.190(c)(1) for the limitations regarding black 
sea bass after the applicable quota is reached.

[[Page 333]]

    (9) Red snapper. During a limited commercial fishing season, as 
specified in Sec. 622.183(b)(5), and until the commercial ACL specified 
in Sec. 622.193(y)(1) is reached, 75 lb (34 kg), gutted weight. See 
Sec. 622.193(y)(1) for the limitations regarding red snapper after the 
commercial ACL is reached.
    (10) Blueline tilefish. Until the ACL specified in Sec. 
622.193(z)(1)(i) is reached or projected to be reached, 300 lb (136 kg), 
gutted weight; 336 lb (152 kg), round weight. See Sec. 622.193(z)(1)(i) 
for the limitations regarding blueline tilefish after the commercial ACL 
is reached.
    (11) Gray triggerfish. Until the applicable quota specified in 
either Sec. 622.190(a)(8)(i) or (ii) is reached, 1,000 lb (454 kg), 
round weight. See Sec. 622.190(c)(1) for the limitations regarding gray 
triggerfish after either quota specified in Sec. 622.190(a)(8)(i) or 
(ii) is reached or projected to be reached.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013; 78 
FR 44465, July 24, 2013; 78 FR 47579, Aug. 6, 2013; 79 FR 66322, Nov. 7, 
2014; 80 FR 16587, Mar. 30, 2015; 80 FR 30953, June 1, 2015; 80 FR 
43038, July 21, 2015; 81 FR 32253, May 23, 2016; 81 FR 45248, July 13, 
2016]



Sec. 622.192  Restrictions on sale/purchase.

    The restrictions in this section are in addition to the restrictions 
on sale/purchase related to quota closures as specified in Sec. 
622.190(c).
    (a) A South Atlantic snapper-grouper harvested or possessed in the 
EEZ on board a vessel that does not have a valid commercial permit for 
South Atlantic snapper-grouper, as required under Sec. 622.170(a), or a 
South Atlantic snapper-grouper harvested in the EEZ and possessed under 
the bag limits specified in Sec. 622.187(b), may not be sold or 
purchased. In addition, a South Atlantic snapper-grouper harvested or 
possessed by a vessel that is operating as a charter vessel or headboat 
with a Federal charter vessel/headboat permit for South Atlantic 
snapper-grouper may not be sold or purchased regardless of where 
harvested, i.e., in state or Federal waters.
    (b) South Atlantic snapper-grouper harvested in or from the EEZ or 
adjoining state waters by a vessel that has a valid commercial vessel 
permit for South Atlantic snapper-grouper may be sold or transferred 
only to a dealer who has a valid Gulf and South Atlantic dealer permit, 
as required under Sec. 622.170(c)(1).
    (c) South Atlantic snapper-grouper harvested in or from the EEZ may 
be first received by a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec. 622.170(a), only from a vessel 
that has a valid commercial permit for South Atlantic snapper-grouper.
    (d) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (e) No person may sell or purchase a snowy grouper, gag, golden 
tilefish, greater amberjack, vermilion snapper, black sea bass, or red 
porgy harvested from or possessed in the South Atlantic, i.e., in state 
or Federal waters, by a vessel for which a valid Federal commercial 
permit for South Atlantic snapper-grouper has been issued for the 
remainder of the fishing year after the applicable commercial quota for 
that species specified in Sec. 622.190(a) has been reached. The 
prohibition on sale/purchase during these periods does not apply to such 
of the applicable species that were harvested, landed ashore, and sold 
prior to the applicable commercial quota being reached and were held in 
cold storage by a dealer or processor.
    (f) During January, February, March, and April, no person may sell 
or purchase a red porgy harvested from the South Atlantic EEZ or, if 
harvested by a vessel for which a valid Federal commercial permit for 
South Atlantic snapper-grouper has been issued, harvested from the South 
Atlantic, i.e., in state or Federal waters. The prohibition on sale/
purchase during January through April does not apply to red porgy that 
were harvested, landed ashore, and sold prior to January 1 and were held 
in cold storage by a dealer or processor. This prohibition also does not 
apply to a dealer's purchase or sale of red porgy harvested from an area 
other than the South Atlantic, provided such fish is accompanied by 
documentation of harvest outside the South Atlantic. The requirements 
for such

[[Page 334]]

documentation are specified in paragraph (i) of this section.
    (g) During April, no person may sell or purchase a greater amberjack 
harvested from the South Atlantic EEZ or, if harvested by a vessel for 
which a valid Federal commercial permit for South Atlantic snapper-
grouper has been issued, harvested from the South Atlantic, i.e., in 
state or Federal waters. The prohibition on sale/purchase during April 
does not apply to greater amberjack that were harvested, landed ashore, 
and sold prior to April 1 and were held in cold storage by a dealer or 
processor. This prohibition also does not apply to a dealer's purchase 
or sale of greater amberjack harvested from an area other than the South 
Atlantic, provided such fish is accompanied by documentation of harvest 
outside the South Atlantic. The requirements for such documentation are 
specified in paragraph (i) of this section.
    (h) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth 
grouper, yellowfin grouper, graysby, or coney harvested from or 
possessed in the South Atlantic EEZ or, if harvested or possessed by a 
vessel for which a valid Federal commercial permit for South Atlantic 
snapper-grouper has been issued, harvested from the South Atlantic, 
i.e., in state or Federal waters. The prohibition on sale/purchase 
during January through April does not apply to such species that were 
harvested, landed ashore, and sold prior to January 1 and were held in 
cold storage by a dealer or processor. This prohibition also does not 
apply to a dealer's purchase or sale of such species harvested from an 
area other than the South Atlantic, provided such fish is accompanied by 
documentation of harvest outside the South Atlantic. The requirements 
for such documentation are specified in paragraph (i) of this section.
    (i) The documentation supporting a dealer's purchase or sale of 
applicable species during the times specified in paragraphs (f) through 
(h) of this section must contain:
    (1) The information specified in part 300, subpart K, of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce;
    (2) The official number, name, and home port of the vessel 
harvesting the applicable species;
    (3) The port and date of offloading from the vessel harvesting the 
applicable species; and
    (4) A statement signed by the dealer attesting that the applicable 
species was harvested from an area other than the South Atlantic.
    (j) No person may sell or purchase a red snapper harvested from or 
possessed in the South Atlantic, i.e., state or Federal waters, by a 
vessel for which a Federal commercial vessel permit for South Atlantic 
snapper-grouper has been issued, except if NMFS determines a limited 
commercial fishing season for red snapper is allowable, as specified in 
Sec. 622.183(b)(5).
    (k) Snapper-grouper possessed pursuant to the bag and possession 
limits specified in Sec. 622.187(a)(3) may not be sold or purchased.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 
79 FR 19495, Apr. 9, 2014; 80 FR 80689, Dec. 28, 2015]



Sec. 622.193  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    (a) Golden tilefish--(1) Commercial sector--(i) Hook-and-line 
component. If commercial landings for golden tilefish, as estimated by 
the SRD, reach or are projected to reach the commercial ACL (commercial 
quota) specified in Sec. 622.190(a)(2)(ii), the AA will file a 
notification with the Office of the Federal Register to close the hook-
and-line component of the commercial sector for the remainder of the 
fishing year. Applicable restrictions after a commercial quota closure 
are specified in Sec. 622.190(c).
    (ii) Longline component. If commercial landings for golden tilefish, 
as estimated by the SRD, reach or are projected to reach the commercial 
ACL (commercial quota) specified in Sec. 622.190(a)(2)(iii), the AA 
will file a notification with the Office of the Federal Register to 
close the longline component of the commercial sector for the remainder 
of the fishing year. After the commercial ACL for the longline component 
is reached or projected to

[[Page 335]]

be reached, golden tilefish may not be fished for or possessed by a 
vessel with a golden tilefish longline endorsement. Applicable 
restrictions after a commercial quota closure are specified in Sec. 
622.190(c).
    (iii) If commercial landings for golden tilefish, as estimated by 
the SRD, exceed the commercial ACL (including both the hook-and-line and 
longline component ACLs) specified in Sec. 622.190(a)(2)(i), and the 
combined commercial and recreational ACL of 558,036 lb (253,121 kg), 
gutted weight, 625,000 lb (283,495 kg), round weight, is exceeded during 
the same fishing year, and golden tilefish are overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register to reduce 
the commercial ACL for that following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 3,019 fish, the AA will file a notification with the 
Office of the Federal Register to close the recreational sector for the 
remainder of the fishing year regardless if the stock is overfished, 
unless NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for golden tilefish 
in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for golden tilefish, as estimated by 
the SRD, exceed the recreational ACL, then during the following fishing 
year recreational landings will be monitored for a persistence in 
increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL of 558,036 lb (253,121 kg), 
gutted weight, 625,000 lb (285,495 kg), round weight, is exceeded during 
the same fishing year. The AA will use the best scientific information 
available to determine if reducing the length of the recreational 
fishing season and recreational ACL is necessary. When the recreational 
sector is closed as a result of NMFS reducing the length of the 
recreational fishing season and ACL, the bag and possession limits for 
golden tilefish in or from the South Atlantic EEZ are zero.
    (b) Snowy grouper--(1) Commercial sector. (i) If commercial landings 
for snowy grouper, as estimated by the SRD, reach or are projected to 
reach the commercial ACL (commercial quota) specified in Sec. 
622.190(a)(1), the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for the remainder of the 
fishing year. Applicable restrictions after a commercial quota closure 
are specified in Sec. 622.190(c).
    (ii) If commercial landings for snowy grouper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL specified in Sec. 622.193(b)(1)(iii) is exceeded, and 
snowy grouper are overfished based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register to reduce the commercial ACL for that 
following fishing year by the amount of the commercial ACL overage in 
the prior fishing year.
    (iii) The combined commercial and recreational ACL for snowy grouper 
is 139,098 lb (63,094 kg), gutted weight, 164,136 lb (74,451 kg), round 
weight, for 2015; 151,518 lb (68,727 kg), gutted weight, 178,791 lb 
(81,098 kg), round weight, for 2016; 163,109 lb (73,985 kg), gutted 
weight, 192,469 lb (87,302 kg), round weight, for 2017; 173,873 lb 
(78,867 kg), gutted weight, 205,170 lb (93,064 kg), round weight, for 
2018; 185,464 lb (84,125 kg), gutted weight, 218,848 lb (99,268 kg), 
round weight, for 2019 and subsequent years.
    (2) Recreational sector. (i) If recreational landings for snowy 
grouper, as estimated by the SRD, reach or are projected to reach the 
recreational ACL, the AA will file a notification with the Office of the 
Federal Register to close the recreational sector for the remainder of 
the fishing year regardless if the stock is overfished, unless

[[Page 336]]

NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such notification, the bag and possession limits for snowy grouper in or 
from the South Atlantic EEZ are zero. The recreational ACL for snowy 
grouper is 4,152 fish for 2015; 4,483 fish for 2016; 4,819 fish for 
2017, 4,983 fish for 2018; 5,315 fish for 2019 and subsequent fishing 
years.
    (ii) If recreational landings for snowy grouper, as estimated by the 
SRD, exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if snowy grouper are overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL specified in Sec. 
622.193(b)(1)(iii) is exceeded during the same fishing year. NMFS will 
use the best scientific information available to determine if reducing 
the length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and ACL, the bag 
and possession limits for snowy grouper in or from the South Atlantic 
EEZ are zero.
    (c) Gag--(1) Commercial sector. (i) If commercial landings for gag, 
as estimated by the SRD, reach or are projected to reach the commercial 
quota specified in Sec. 622.190(a)(7), the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for gag for the remainder of the fishing year. Applicable restrictions 
after a commercial quota closure are specified in Sec. 622.190(c).
    (ii) If the commercial landings for gag, as estimated by the SRD, 
exceed the commercial ACL specified in Sec. 622.193(c)(1)(iii), and the 
combined commercial and recreational ACL specified in Sec. 
622.193(c)(1)(iv), is exceeded during the same fishing year, and gag are 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register to reduce the commercial ACL for that following fishing year by 
the amount of the commercial ACL overage in the prior fishing year.
    (iii) The commercial ACL for gag is 322,677 lb (146,364 kg), gutted 
weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb 
(147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for 
2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg), 
round weight, for 2017; 362,406 lb (164,385 kg), gutted weight, 427,639 
lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg), 
gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and 
subsequent fishing years.
    (iv) The combined commercial and recreational ACL for gag is 632,700 
lb (286,988 kg), gutted weight, 746,586 lb (338,646 kg), round weight, 
for 2015; 637,451 lb (289,143 kg), gutted weight, 752,192 lb (341,189 
kg), round weight, for 2016; 677,351 lb (307,241 kg), gutted weight, 
799,274 lb (362,545 kg), round weight, for 2017; 710,600 lb (322,323 
kg), gutted weight, 838,508 lb (380,341 kg), round weight, for 2018; and 
734,351 lb (333,096 kg), gutted weight, 866,534 lb (393,053 kg), round 
weight, for 2019 and subsequent fishing years.
    (2) Recreational sector. (i) If recreational landings for gag, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL, the AA will file a notification with the Office of the Federal 
Register to close the recreational sector for the remainder of the 
fishing year regardless if the stock is overfished, unless NMFS 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such 
notification, the bag and possession limits for gag in or from the South 
Atlantic EEZ are zero. The recreational ACL for gag is 310,023 lb 
(148,025 kg), gutted weight, 365,827 (165,936 kg), round weight, for 
2015; 312,351 lb (149,137 kg), gutted weight, 368,574 lb (175,981 kg), 
round weight, for 2016; 331,902 lb (158,472 kg), gutted weight, 391,644 
lb (186,997 kg), round weight, for 2017; 348,194 lb (166,251 kg), gutted 
weight, 410,869 lb (196,176 kg), round weight, for 2018; and 359,832 lb 
(171,807 kg), gutted weight, 424,602 lb

[[Page 337]]

(202,733 kg), round weight, for 2019 and subsequent fishing years.
    (ii) If recreational landings for gag, as estimated by the SRD, 
exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL specified in Sec. 622.193(c)(1)(iv) is 
exceeded during the same fishing year. NMFS will use the best scientific 
information available to determine if reducing the length of the 
recreational fishing season and recreational ACL is necessary. When the 
recreational sector is closed as a result of NMFS reducing the length of 
the recreational fishing season and ACL, the bag and possession limits 
for gag in or from the South Atlantic EEZ are zero.
    (d) Red grouper--(1) Commercial sector. (i) If commercial landings 
for red grouper, as estimated by the SRD, reach or are projected to 
reach the commercial ACL of 343,200 lb (155,673 kg), round weight, the 
AA will file a notification with the Office of the Federal Register to 
close the commercial sector for the remainder of the fishing year. On 
and after the effective date of such a notification, all sale or 
purchase of red grouper is prohibited and harvest or possession of red 
grouper in or from the South Atlantic EEZ is limited to the bag and 
possession limits. These bag and possession limits apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If the commercial landings for red grouper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 780,000 lb (353,802 kg), round weight, is exceeded 
during the same fishing year, and the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register to reduce 
the commercial ACL in the following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for red 
grouper, as estimated by the SRD, are projected to reach the 
recreational ACL of 436,800 lb (198,129 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for red grouper in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for red grouper, as estimated by the 
SRD, exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 780,000 lb (353,802 kg), round 
weight, is exceeded during the same fishing year. The AA will use the 
best scientific information available to determine if reducing the 
length of the recreational season and recreational ACL is necessary. 
When the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for red grouper in or from the South Atlantic EEZ are 
zero.
    (e) Black sea bass--(1) Commercial sector. (i) If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
quota specified in Sec. 622.190(a)(5), the AA will file a notification 
with the Office of the Federal

[[Page 338]]

Register to close the commercial sector for the remainder of the fishing 
year.
    (ii) If commercial landings exceed the quota specified in Sec. 
622.190(a)(5), the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing year 
to reduce the ACL for that following year by the amount of the overage 
in the prior fishing year, unless the SRD determines that no overage is 
necessary based on the best scientific information available.
    (2) Recreational sector. The recreational ACL for black sea bass is 
876,254 lb (397,462 kg), gutted weight, 1,033,980 lb (469,005 kg), round 
weight for the 2013-2014, 2014-2015, and 2015-2016 fishing years and 
848,455 lb (384,853 kg), gutted weight, 1,001,177 lb (454,126 kg), round 
weight for the 2016-2017 fishing year and subsequent fishing years. NMFS 
will project the length of the recreational fishing season based on when 
NMFS projects the recreational ACL specified in this paragraph is 
expected to be met and announce the recreational fishing season end date 
in the Federal Register prior to the start of the recreational fishing 
year on April 1. On and after the effective date of the recreational 
closure notification, the bag and possession limit for black sea bass in 
or from the South Atlantic EEZ is zero. This bag and possession limit 
applies in the South Atlantic on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e. in state or Federal waters.
    (f) Vermilion snapper--(1) Commercial sector. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable commercial ACL (commercial quota) specified in Sec. 
622.190(a)(4)(i) or (ii), the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for that 
portion of the fishing year applicable to the respective quota.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the applicable recreational 
ACL specified in paragraph (f)(2)(iv) of this section the AA will file a 
notification with the Office of the Federal Register to close the 
recreational sector for vermilion snapper for the remainder of the 
fishing year. On and after the effective date of such notification, the 
bag and possession limit for vermilion snapper in or from the South 
Atlantic EEZ is zero. This bag and possession limit also applies in the 
South Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If the combined vermilion snapper commercial and recreational 
landings exceed the combined vermilion snapper ACLs specified in 
paragraphs (f)(1) and (f)(2)(iv) of this section, and vermilion snapper 
are overfished, based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing year 
to reduce the recreational ACL for that following year by the amount of 
the recreational overage in the prior fishing year.
    (iii) Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (iv) The recreational ACL for vermilion snapper is 395,532 lb 
(179,410 kg), gutted weight, 439,040 lb (199,145 kg), round weight, for 
2013; 378,234 lb (171,564 kg), gutted weight, 419,840 lb (190,436 kg), 
round weight, for 2014; 371,604 lb (168,557 kg), gutted weight, 412,480 
lb (187,098 kg), round weight, for 2015; and 365,838 lb (165,941 kg), 
gutted weight, 406,080 lb (184,195 kg), round weight, for 2016 and 
subsequent fishing years.
    (g) Black grouper--(1) Commercial sector. (i) If commercial landings 
for black grouper, as estimated by the SRD, reach or are projected to 
reach the commercial ACL of 96,844 lb (43,928 kg), round weight, the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for the remainder of the fishing year. On 
and after the effective date of such a notification, all sale or 
purchase

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of black grouper is prohibited and harvest or possession of black 
grouper in or from the South Atlantic EEZ is limited to the bag and 
possession limits. These bag and possession limits apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If commercial landings for black grouper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 262,594 lb (119,111 kg), round weight, is exceeded 
during the same fishing year, and the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register to reduce 
the commercial ACL for that following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for black 
grouper, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 165,750 lb (75,183 kg), round weight, and the AA 
determines that a closure is necessary by using the best scientific 
information available, the AA will file a notification with the Office 
of the Federal Register to close the recreational sector for the 
remainder of the fishing year regardless if the stock is overfished, 
unless NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for black grouper in 
or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for black grouper, as estimated by the 
SRD, exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if black grouper are overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL of 262,594 lb (119,111 kg), 
round weight, is exceeded during the same fishing year. NMFS will use 
the best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and ACL, the bag 
and possession limits for black grouper in or from the South Atlantic 
EEZ are zero.
    (h) Deep-water complex (including yellowedge grouper, silk snapper, 
misty grouper, queen snapper, sand tilefish, and blackfin snapper)--(1) 
Commercial sector--(i) If commercial landings for the deep-water 
complex, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 131,268 lb (59,542 kg), round weight, the AA will file 
a notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of deep-
water complex species is prohibited and harvest or possession of these 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limits. These bag and possession limits apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If commercial landings exceed the ACL, and the combined 
commercial and recreational ACL of 169,896 lb (77,064 kg), round weight, 
is exceeded, and at least one of the species in the deep-water complex 
is overfished, based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing year 
to reduce the commercial ACL for that following year by the amount of 
the commercial ACL overage in the prior fishing year.

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    (2) Recreational sector. (i) If recreational landings for the deep-
water complex, as estimated by the SRD, are projected to reach the 
recreational ACL of 38,628 lb (17,521 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year, unless the RA 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such a 
notification, the bag and possession limits are zero.
    (ii) If recreational landings for the deep-water complex, exceed the 
applicable recreational ACL, and the combined commercial and 
recreational ACL of 169,896 lb (77,064 kg), round weight, is exceeded, 
and at least one of the species in the deep-water complex is overfished, 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register, 
to reduce the length of the recreational fishing season in the following 
fishing year to ensure recreational landings do not exceed the 
recreational ACL the following fishing year. When NMFS reduces the 
length of the following recreational fishing season and closes the 
recreational sector, the following closure provisions apply: The bag and 
possession limits for the deep-water complex in or from the South 
Atlantic EEZ are zero. Additionally, the recreational ACL will be 
reduced by the amount of the recreational ACL overage in the prior 
fishing year. The fishing season and recreational ACL will not be 
reduced if the RA determines, using the best scientific information 
available that no reduction is necessary.
    (i) Scamp--(1) Commercial sector. (i) If commercial landings for 
scamp, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 219,375 lb (99,507 kg), round weight, the AA will file 
a notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of scamp 
is prohibited and harvest or possession of scamp in or from the South 
Atlantic EEZ is limited to the bag and possession limits. These bag and 
possession limits apply in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for scamp, as estimated by the SRD, 
exceed the commercial ACL, and the combined commercial and recreational 
ACL of 335,744 lb (152,291 kg), round weight, is exceeded, and scamp are 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register to reduce the commercial ACL for that following fishing year by 
the amount of the commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for scamp, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL of 116,369 lb (52,784 kg), round weight, the AA will file a 
notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for scamp in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for scamp, as estimated by the SRD, 
exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if scamp are overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 335,744 lb (152,291 kg), round 
weight, is exceeded during the same fishing year. NMFS will use the best 
scientific information available to determine if reducing the length of 
the recreational fishing season and recreational ACL is necessary.

[[Page 341]]

When the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for scamp in or from the South Atlantic EEZ are zero.
    (j) Other SASWG combined (including red hind, rock hind, yellowmouth 
grouper, yellowfin grouper, coney, and graysby)--(1) Commercial sector. 
(i) If commercial landings for other SASWG combined, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 55,542 lb 
(25,193 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for this 
complex for the remainder of the fishing year. On and after the 
effective date of such a notification, all sale or purchase of red hind, 
rock hind, yellowmouth grouper, yellowfin grouper, coney, and graysby is 
prohibited, and harvest or possession of any of these species in or from 
the South Atlantic EEZ is limited to the bag and possession limits. 
These bag and possession limits apply in the South Atlantic on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters.
    (ii) If commercial landings for other SASWG combined, as estimated 
by the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 104,190 lb (47,260 kg), round weight, is exceeded, 
and at least one of the species in other SASWG combined is overfished 
based on the most recent status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register 
to reduce the commercial ACL for that following fishing year by the 
amount of the commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for other 
SASWG combined, as estimated by the SRD, reach or are projected to reach 
the recreational ACL of 48,648 lb (22,066 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
any stock in other SASWG combined is overfished, unless NMFS determines 
that no closure is necessary based on the best scientific information 
available. On and after the effective date of such a notification, the 
bag and possession limits for any species in the other SASWG combined in 
or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for other SASWG combined, as estimated 
by the SRD, exceed the recreational ACL, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if at least one of the species in other 
SASWG combined is overfished based on the most recent Status of U.S. 
Fisheries Report to Congress, and if the combined commercial and 
recreational ACL of 104,190 lb (47,260 kg) is exceeded during the same 
fishing year. NMFS will use the best scientific information available to 
determine if reducing the length of the recreational fishing season and 
recreational ACL is necessary. When the recreational sector is closed as 
a result of NMFS reducing the length of the recreational fishing season 
and ACL, the bag and possession limits for any species in the other 
SASWG combined in or from the South Atlantic EEZ are zero.
    (k) Greater amberjack--(1) Commercial sector. (i) If commercial 
landings for greater amberjack, as estimated by the SRD, reach or are 
projected to reach the commercial ACL (commercial quota) specified in 
Sec. 622.190(a)(3), the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for the remainder of 
the fishing year. Applicable restrictions after a commercial quota 
closure are specified in Sec. 622.190(c).
    (ii) If commercial landings for greater amberjack, as estimated by 
the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 1,968,001 lb (892,670 kg), round weight, is exceeded 
during the same fishing year, and the species

[[Page 342]]

is overfished based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register to reduce the commercial ACL in the following fishing 
year by the amount of the commercial ACL overage in the prior fishing 
year.
    (2) Recreational sector. (i) If recreational landings for greater 
amberjack, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 1,167,837 lb (529,722 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for greater amberjack in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for greater amberjack, as estimated by 
the SRD, exceed the recreational ACL, then during the following fishing 
year recreational landings will be monitored for a persistence in 
increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 1,968,001 lb (892,670 kg), round 
weight, is exceeded during the same fishing year. The AA will use the 
best scientific information available to determine if reducing the 
length of the recreational season and recreational ACL is necessary. 
When the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for greater amberjack in or from the South Atlantic 
EEZ are zero.
    (l) Other jacks complex (including lesser amberjack, almaco jack, 
and banded rudderfish, combined)--(1) Commercial sector. (i) If 
commercial landings for the other jacks complex, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 189,422 lb 
(85,920 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
other jacks complex for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of 
lesser amberjack, almaco jack, and banded rudderfish is prohibited, and 
harvest or possession of any of these species in or from the South 
Atlantic EEZ is limited to the bag and possession limits. These bag and 
possession limits apply in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for the other jacks complex, as 
estimated by the SRD, exceed the commercial ACL, and the combined 
commercial and recreational ACL of 457,221 lb (207,392 kg), round 
weight, is exceeded, and at least one of the species in the other jacks 
complex is overfished based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register to reduce the commercial ACL for that following 
fishing year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector. (i) If recreational landings for the other 
jacks complex, as estimated by the SRD, reach or are projected to reach 
the recreational ACL of 267,799 lb (121,472 kg), round weight, the AA 
will file a notification with the Office of the Federal Register to 
close the recreational sector for the remainder of the fishing year 
regardless if any stock in the other jacks complex is overfished, unless 
NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for any species in 
the other jacks complex in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for the other jacks complex, as 
estimated by the SRD, exceed the recreational ACL, then during the 
following fishing year

[[Page 343]]

recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if at least one of the species in the other 
jacks complex is overfished based on the most recent Status of U.S. 
Fisheries Report to Congress, and if the combined commercial and 
recreational ACL of 457,221 lb (207,392 kg), round weight, is exceeded 
during the same fishing year. NMFS will use the best scientific 
information available to determine if reducing the length of the 
recreational fishing season and recreational ACL is necessary. When the 
recreational sector is closed as a result of NMFS reducing the length of 
the recreational fishing season and ACL, the bag and possession limits 
for any species in the other jacks complex in or from the South Atlantic 
EEZ are zero.
    (m) Bar jack--(1) Commercial sector. (i) If commercial landings for 
bar jack, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 13,228 lb (6,000 kg), round weight, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of bar 
jack is prohibited and harvest or possession of bar jack in or from the 
South Atlantic EEZ is limited to the bag and possession limits. These 
bag and possession limits apply in the South Atlantic on board a vessel 
for which a valid Federal commercial or charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, without regard to 
where such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for bar jack, as estimated by the SRD, 
exceed the commercial ACL, and the combined commercial and recreational 
ACL of 62,249 lb (28,236 kg), round weight, is exceeded, and bar jack 
are overfished based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register to reduce the commercial ACL for that following fishing 
year by the amount of the commercial ACL overage in the prior fishing 
year.
    (2) Recreational sector. (i) If recreational landings for bar jack, 
as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 49,021 lb (22,236 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for bar jack in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for bar jack, as estimated by the SRD, 
exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if bar jack are overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 62,249 lb (28,236 kg), round weight, 
is exceeded during the same fishing year. NMFS will use the best 
scientific information available to determine if reducing the length of 
the recreational fishing season and recreational ACL is necessary. When 
the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for bar jack in or from the South Atlantic EEZ are 
zero.
    (n) Yellowtail snapper--(1) Commercial sector. (i) If commercial 
landings for yellowtail snapper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 1,596,510 lb (724,165 kg), 
round weight, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for the remainder of the 
fishing year. On and after the effective date of such a notification, 
all sale or

[[Page 344]]

purchase of yellowtail snapper is prohibited and harvest or possession 
of yellowtail snapper in or from the South Atlantic EEZ is limited to 
the bag and possession limits. These bag and possession limits apply in 
the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for yellowtail snapper, as estimated by 
the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 3,037,500 lb (1,377,787 kg), round weight, is 
exceeded during the same fishing year, and yellowtail snapper are 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register to reduce the commercial ACL for that following fishing year by 
the amount of the commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for yellowtail 
snapper, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 1,440,990 lb (653,622 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for yellowtail snapper in or from the South Atlantic EEZ are 
zero.
    (ii) If recreational landings for yellowtail snapper, as estimated 
by the SRD, exceed the recreational ACL, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL of 3,037,500 lb (1,377,787 kg), 
round weight, is exceeded during the same fishing year. The AA will use 
the best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and ACL, the bag 
and possession limits for yellowtail snapper in or from the South 
Atlantic EEZ are zero.
    (o) Mutton snapper--(1) Commercial sector. (i) If commercial 
landings for mutton snapper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 157,743 lb (71,551 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of mutton snapper is prohibited and harvest or possession of 
mutton snapper in or from the South Atlantic EEZ is limited to the bag 
and possession limits. These bag and possession limits apply in the 
South Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If commercial landings for mutton snapper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 926,600 lb (420,299 kg), round weight, is exceeded 
during the same fishing year, and the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register to reduce 
the commercial ACL in the following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for mutton 
snapper, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 768,857 lb (348,748 kg), round weight, the AA will 
file a notification with the Office of the Federal Register

[[Page 345]]

to close the recreational sector for the remainder of the fishing year 
regardless if the stock is overfished, unless NMFS determines that no 
closure is necessary based on the best scientific information available. 
On and after the effective date of such a notification, the bag and 
possession limits for mutton snapper in or from the South Atlantic EEZ 
are zero.
    (ii) If recreational landings for mutton snapper, as estimated by 
the SRD, exceed the recreational ACL, then during the following fishing 
year recreational landings will be monitored for a persistence in 
increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL of 926,600 lb (420,299 kg), 
round weight, is exceeded during the same fishing year. NMFS will use 
the best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and ACL, the bag 
and possession limits for mutton snapper in or from the South Atlantic 
EEZ are zero.
    (p) Other snappers complex (including cubera snapper, gray snapper, 
and lane snapper)--(1) Commercial sector--(i) If commercial landings for 
the other snappers complex, as estimated by the SRD, reach or are 
projected to reach the complex commercial ACL of 344,575 lb (156,297 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register, to close the commercial sector for this complex 
for the remainder of the fishing year. On and after the effective date 
of such a notification, all sale or purchase of cubera snapper, gray 
snapper, and lane snapper is prohibited, and harvest or possession of 
any of these species in or from the South Atlantic EEZ is limited to the 
bag and possession limits. These bag and possession limits apply in the 
South Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If commercial landings for the other snappers complex, as 
estimated by the SRD, exceed the commercial ACL, and the combined 
commercial and recreational ACL of 1,513,883 lb (686,686 kg), round 
weight, is exceeded, and at least one of the species in the other 
snappers complex is overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register to reduce the commercial ACL for that 
following year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector--(i) If recreational landings for the other 
snappers complex, as estimated by the SRD, reach or are projected to 
reach the recreational ACL of 1,169,308 lb (530,391 kg), round weight, 
the AA will file a notification with the Office of the Federal Register 
to close the recreational sector for the remainder of the fishing year 
regardless if any stock in the other snappers complex is overfished, 
unless NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for any species in 
the other snappers complex in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for the other snappers complex, as 
estimated by the SRD, exceed the recreational ACL, then during the 
following fishing year, recreational landings will be monitored for a 
persistence in increased landings, and if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the recreational fishing season and the recreational ACL by 
the amount of the recreational ACL overage, if at least one of the 
species in the other snappers complex is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and the combined 
commercial and recreational ACL of 1,513,883 lb (686,686 kg), round 
weight, is exceeded during the same

[[Page 346]]

fishing year. NMFS will use the best scientific information available to 
determine if reducing the length of the recreational fishing season and 
recreational ACL is necessary. When the recreational sector is closed as 
a result of NMFS reducing the length of the recreational fishing season 
and the ACL, the bag and possession limits for any species in the other 
snappers complex in or from the South Atlantic EEZ are zero.
    (q) Gray triggerfish--(1) Commercial sector. (i) If commercial 
landings for gray triggerfish, as estimated by the SRD, reach or are 
projected to reach the commercial ACL (commercial quota) specified in 
Sec. 622.190(a)(8)(i) or (ii), the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. Applicable restrictions after a 
commercial quota closure are specified in Sec. 622.190(c).
    (ii) If commercial landings for gray triggerfish, as estimated by 
the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 716,999 lb (325,225 kg), round weight, is exceeded, 
and gray triggerfish are overfished based on the most recent Status of 
U.S. Fisheries Report to Congress, the AA will file a notification with 
the Office of the Federal Register to reduce the commercial ACL for that 
following fishing year by the amount of the commercial ACL overage in 
the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for gray 
triggerfish, as estimated by the SRD, reach or are projected to reach 
the recreational ACL of 404,675 lb (183,557 kg), round weight, the AA 
will file a notification with the Office of the Federal Register to 
close the recreational sector for the remainder of the fishing year 
regardless if the stock is overfished, unless NMFS determines that no 
closure is necessary based on the best scientific information available. 
On and after the effective date of such a notification, the bag and 
possession limits for gray triggerfish in or from the South Atlantic EEZ 
are zero.
    (ii) If recreational landings for gray triggerfish, as estimated by 
the SRD, exceed the recreational ACL, then during the following fishing 
year recreational landings will be monitored for a persistence in 
increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if gray triggerfish are overfished based 
on the most recent Status of U.S. Fisheries Report to Congress, and if 
the combined commercial and recreational ACL of 716,999 lb (325,225 kg), 
round weight, is exceeded during the same fishing year. NMFS will use 
the best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and ACL, the bag 
and possession limits for gray triggerfish in or from the South Atlantic 
EEZ are zero.
    (r) Wreckfish--(1) Commercial sector. (i) The ITQ program for 
wreckfish in the South Atlantic serves as the accountability measures 
for commercial wreckfish. The commercial ACL for wreckfish is equal to 
the commercial quota specified in Sec. 622.190(b). Applicable 
restrictions after a commercial quota closure are specified in Sec. 
622.190(c).
    (ii) The combined commercial and recreational ACL for wreckfish is 
433,000 lb (196,405 kg), round weight, for 2015; 423,700 lb (192,187 
kg), round weight, for 2016; 414,200 lb (187,878 kg), round weight, for 
2017; 406,300 lb (184,295 kg), round weight, for 2018; 396,800 lb 
(179,985 kg), round weight, for 2019; and 389,100 lb (176,493 kg), round 
weight, for 2020 and subsequent fishing years.
    (2) Recreational sector. (i) If recreational landings for wreckfish, 
as estimated by the SRD, reach or are projected to reach the 
recreational ACL specified in Sec. 622.193(r)(2)(iii), the AA will file 
a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag

[[Page 347]]

and possession limits for wreckfish in or from the South Atlantic EEZ 
are zero.
    (ii) If recreational landings for wreckfish, as estimated by the 
SRD, exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL specified in Sec. 622.193(r)(1)(ii) is 
exceeded during the same fishing year. The AA will use the best 
scientific information available to determine if reducing the length of 
the recreational fishing season and recreational ACL is necessary. When 
the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for wreckfish in or from the South Atlantic EEZ are 
zero.
    (iii) The recreational ACL for wreckfish is 21,650 lb (9,820 kg), 
round weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016; 
20,710 lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg), 
round weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; 
and 19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing 
years.
    (s) [Reserved]
    (t) Atlantic spadefish--(1) Commercial sector. (i) If commercial 
landings for Atlantic spadefish, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 150,552 lb (68,289 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of Atlantic spadefish is prohibited and harvest or 
possession of Atlantic spadefish in or from the South Atlantic EEZ is 
limited to the bag and possession limits. These bag and possession 
limits apply in the South Atlantic on board a vessel for which a valid 
Federal commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, without regard to where such species 
were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for Atlantic spadefish, as estimated by 
the SRD, exceed the ACL, and the combined commercial and recreational 
ACL of 812,478 lb (368,534 kg), round weight, is exceeded, and Atlantic 
spadefish are overfished based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register to reduce the commercial ACL for that 
following fishing year by the amount of the commercial ACL overage in 
the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for Atlantic 
spadefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 661,926 lb (300,245 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for Atlantic spadefish in or from the South Atlantic EEZ are 
zero.
    (ii) If recreational landings for Atlantic spadefish, as estimated 
by the SRD, exceed the recreational ACL, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if Atlantic spadefish are overfished based 
on the most recent Status of U.S. Fisheries Report to Congress, and if 
the combined commercial and recreational ACL of 812,478 lb (368,534 kg), 
round weight, is exceeded during the same fishing year. NMFS will use 
the best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the

[[Page 348]]

recreational sector is closed as a result of NMFS reducing the length of 
the recreational fishing season and ACL, the bag and possession limits 
for Atlantic spadefish in or from the South Atlantic EEZ are zero.
    (u) Hogfish--(1) Commercial sector. (i) If commercial landings for 
hogfish, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 49,469 lb (22,439 kg), round weight, the AA will file 
a notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of 
hogfish is prohibited and harvest or possession of hogfish in or from 
the South Atlantic EEZ is limited to the bag and possession limits. 
These bag and possession limits apply in the South Atlantic on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters.
    (ii) If commercial landings for hogfish, as estimated by the SRD, 
exceed the commercial ACL, and the combined commercial and recreational 
ACL of 134,824 lb (61,155 kg), round weight, is exceeded, and hogfish 
are overfished based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register to reduce the commercial ACL for that following fishing 
year by the amount of the commercial ACL overage in the prior fishing 
year.
    (2) Recreational sector. (i) If recreational landings for hogfish, 
as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 85,355 lb (38,716 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
the stock is overfished, unless NMFS determines that no closure is 
necessary based on the best scientific information available. On and 
after the effective date of such a notification, the bag and possession 
limits for hogfish in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for hogfish, as estimated by the SRD, 
exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if hogfish are overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 134,824 lb (61,155 kg), round weight, 
is exceeded during the same fishing year. NMFS will use the best 
scientific information available to determine if reducing the length of 
the recreational fishing season and recreational ACL is necessary. When 
the recreational sector is closed as a result of NMFS reducing the 
length of the recreational fishing season and ACL, the bag and 
possession limits for hogfish in or from the South Atlantic EEZ are 
zero.
    (v) Red porgy--(1) Commercial sector. (i) If commercial landings for 
red porgy, as estimated by the SRD, reach or are projected to reach the 
commercial ACL (commercial quota) specified in Sec. 622.190(a)(6), the 
AA will file a notification with the Office of the Federal Register to 
close the commercial sector for the remainder of the fishing year. 
Applicable restrictions after a commercial quota closure are specified 
in Sec. 622.190(c).
    (ii) If commercial landings for red porgy, as estimated by the SRD, 
exceed the commercial ACL, and the combined commercial and recreational 
ACL of 315,384 lb (143,056 kg), gutted weight, 328,000 lb (148,778 kg), 
round weight, is exceeded during the same fishing year, and red porgy 
are overfished based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register to reduce the commercial ACL in the following fishing 
year by the amount of the commercial ACL overage in the prior fishing 
year.
    (2) Recreational sector. (i) If recreational landings for red porgy, 
as estimated by the SRD, reach or are projected to reach the 
recreational ACL of

[[Page 349]]

157,692 lb (71,528 kg), gutted weight, 164,000 lb (74,389 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the recreational sector for the remainder of the 
fishing year regardless if the stock is overfished, unless NMFS 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such a 
notification, the bag and possession limits for red porgy in or from the 
South Atlantic EEZ are zero.
    (ii) If recreational landings for red porgy, as estimated by the 
SRD, exceed the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and if the combined 
commercial and recreational ACL of 315,384 lb (143,056 kg), gutted 
weight, 328,000 lb (148,778 kg), round weight, is exceeded during the 
same fishing year. The AA will use the best scientific information 
available to determine if reducing the length of the recreational 
fishing season and recreational ACL is necessary. When the recreational 
sector is closed as a result of NMFS reducing the length of the 
recreational fishing season and ACL, the bag and possession limits for 
red porgy in or from the South Atlantic EEZ are zero.
    (w) Other porgies complex (including jolthead porgy, knobbed porgy, 
whitebone porgy, scup, and saucereye porgy)--(1) Commercial sector. (i) 
If commercial landings for the other porgies complex, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 36,348 lb 
(16,487 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
other porgies complex for the remainder of the fishing year. On and 
after the effective date of such a notification, all sale or purchase of 
jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye 
porgy is prohibited, and harvest or possession of any of these species 
in or from the South Atlantic EEZ is limited to the bag and possession 
limits. These bag and possession limits apply in the South Atlantic on 
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters.
    (ii) If commercial landings for the other porgies complex, as 
estimated by the SRD, exceed the commercial ACL, and the combined 
commercial and recreational ACL of 143,262 lb (64,983 kg), round weight, 
is exceeded, and at least one of the species in the complex is 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register to reduce the commercial ACL for that following fishing year by 
the amount of the commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for the other 
porgies complex, as estimated by the SRD, reach or are projected to 
reach the recreational ACL of 106,914 lb (48,495 kg), round weight, the 
AA will file a notification with the Office of the Federal Register to 
close the recreational sector for the remainder of the fishing year 
regardless if any stock in the other porgies complex is overfished, 
unless NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for any species in 
the other porgies complex in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for the other porgies complex, as 
estimated by the SRD, exceed the recreational ACL, then during the 
following fishing year recreational landings will be monitored for a 
persistence in increased landings, and if necessary, the AA will file a 
notification with the Office of the Federal Register to reduce the 
length of the recreational fishing season and the recreational ACL by 
the amount of the recreational ACL overage, if one of the species in the 
complex is overfished

[[Page 350]]

based on the most recent Status of U.S. Fisheries Report to Congress, 
and if the combined commercial and recreational ACL of 143,262 lb 
(64,983 kg), round weight, is exceeded during the same fishing year. 
NMFS will use the best scientific information available to determine if 
reducing the length of the recreational fishing season and recreational 
ACL is necessary. When the recreational sector is closed as a result of 
NMFS reducing the length of the recreational fishing season and ACL, the 
bag and possession limits for any species in the other porgies complex 
in or from the South Atlantic EEZ are zero.
    (x) Grunts complex (including white grunt, sailor's choice, tomtate, 
and margate)--(1) Commercial sector. (i) If commercial landings for the 
grunts complex, as estimated by the SRD, reach or are projected to reach 
the commercial ACL of 217,903 lb (98,839 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
commercial sector for this complex for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of white grunt, sailor's choice, tomtate, and margate is 
prohibited, and harvest or possession of these species in or from the 
South Atlantic EEZ is limited to the bag and possession limits. These 
bag and possession limits apply in the South Atlantic on board a vessel 
for which a valid Federal commercial or charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, without regard to 
where such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for the grunts complex, as estimated by 
the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL of 836,025 lb (379,215 kg), round weight, and at least 
one of the species in the complex is overfished based on the most recent 
Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the commercial ACL for 
that following fishing year by the amount of the commercial ACL overage 
in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for the grunts 
complex, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 618,122 lb (280,375 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year regardless if 
any stock in the grunts complex is overfished, unless NMFS determines 
that no closure is necessary based on the best scientific information 
available. On and after the effective date of such a notification, the 
bag and possession limits for any species in the grunts complex in or 
from the South Atlantic EEZ are zero.
    (ii) If recreational landings for the grunts complex, as estimated 
by the SRD, exceed the recreational ACL, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if at least one of the species in the 
grunts complex is overfished based on the most recent Status of U.S. 
Fisheries Report to Congress, and if the combined commercial and 
recreational ACL of 836,025 lb (379,215 kg), round weight, is exceeded 
during the same fishing year. NMFS will use the best scientific 
information available to determine if reducing the length of the 
recreational fishing season and recreational ACL is necessary. When the 
recreational sector is closed as a result of NMFS reducing the length of 
the recreational fishing season and ACL, the bag and possession limits 
for any species in the grunts complex in or from the South Atlantic EEZ 
are zero.
    (y) Red snapper--(1) Commercial sector. The commercial ACL for red 
snapper is zero. However, if NMFS determines that the previous year's 
estimated red snapper landings and dead discards are less than the ABC, 
limited red snapper harvest and possession may be allowed for the 
current fishing year and the

[[Page 351]]

commercial ACL value would be determined using the formula described in 
the FMP. The AA will file a notification with the Office of the Federal 
Register to announce the limited commercial ACL for the current fishing 
year. NMFS will monitor commercial landings during the limited season, 
and if commercial landings, as estimated by the SRD, reach or are 
projected to reach the commercial ACL, based on the formula described in 
the FMP, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for red snapper for the 
remainder of the year. On and after the effective date of the closure 
notification, all sale or purchase of red snapper is prohibited and 
harvest or possession of red snapper is limited to the bag and 
possession limits. This bag and possession limit and the prohibition on 
sale/purchase apply in the South Atlantic on board a vessel for which a 
valid Federal commercial or charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, without regard to where such 
species were harvested or possessed, i.e., in state or Federal waters.
    (2) Recreational sector. The recreational ACL for red snapper is 
zero. However, if NMFS determines that the previous year's estimated red 
snapper landings and dead discards are less than the ABC, limited red 
snapper harvest and possession may be allowed for the current fishing 
year and the recreational ACL value would be determined using the 
formula described in the FMP. The AA will file a notification with the 
Office of the Federal Register to announce the limited recreational ACL 
and the length of the recreational fishing season for the current 
fishing year. The length of the recreational fishing season for red 
snapper serves as the in-season accountability measure. See Sec. 
622.183(b)(5) for details on the recreational fishing season. On and 
after the effective date of the recreational closure notification, the 
bag and possession limits for red snapper are zero.
    (z) Blueline tilefish--(1) Commercial sector. (i) If commercial 
landings for blueline tilefish, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 87,521 lb (39,699 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of blueline tilefish is prohibited and harvest or possession 
of blueline tilefish in or from the South Atlantic EEZ is limited to the 
bag and possession limits. These bag and possession limits apply in the 
South Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    (ii) If commercial landings exceed the ACL, and the combined 
commercial and recreational ACL (total ACL) specified in paragraph 
(z)(3) of this section, is exceeded, and blueline tilefish is 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the commercial ACL for that following year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for blueline 
tilefish, as estimated by the SRD, are projected to reach the 
recreational ACL of 87,277 lb (39,588 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year, unless the RA 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such a 
notification, the bag and possession limits are zero.
    (ii) If recreational landings for blueline tilefish, exceed the 
applicable recreational ACL, and the combined commercial and 
recreational ACL (total ACL) specified in paragraph (z)(3) of this 
section is exceeded, and blueline tilefish is overfished, based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register, to reduce 
the length of the recreational fishing season in the following fishing 
year to ensure

[[Page 352]]

recreational landings do not exceed the recreational ACL the following 
fishing year. When NMFS reduces the length of the following recreational 
fishing season and closes the recreational sector, the following closure 
provisions apply: The bag and possession limits for blueline tilefish in 
or from the South Atlantic EEZ are zero. Additionally, the recreational 
ACL will be reduced by the amount of the recreational ACL overage in the 
prior fishing year. The fishing season and recreational ACL will not be 
reduced if the RA determines, using the best scientific information 
available, that no reduction is necessary.
    (3) The combined commercial and recreational sector ACL (total ACL) 
is 174,798 lb (79,287 kg), round weight.

[78 FR 22952, Apr. 17, 2013]

    Editorial Note: For Federal Register citations affecting Sec. 
622.193, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 622.194  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Snapper-Grouper Fishery of the South Atlantic Region, the RA may 
establish or modify the following items specified in paragraph (a) of 
this section for South Atlantic snapper-grouper and wreckfish.
    (a) Biomass levels, age-structured analyses, target dates for 
rebuilding overfished species, MSY (or proxy), OY, ABC, TAC, quotas 
(including a quota of zero), annual catch limits (ACLs), annual catch 
targets (ACTs), AMs, maximum fishing mortality threshold (MFMT), minimum 
stock size threshold (MSST), trip limits, bag limits, size limits, gear 
restrictions (ranging from regulation to complete prohibition), seasonal 
or area closures, fishing year, rebuilding plans, definitions of 
essential fish habitat, essential fish habitat, essential fish habitat 
HAPCs or Coral HAPCs, and restrictions on gear and fishing activities 
applicable in essential fish habitat and essential fish habitat HAPCs.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013]



         Subpart J_-Shrimp Fishery of the South Atlantic Region



Sec. 622.200  Permits.

    (a) Commercial vessel permits--(1) South Atlantic penaeid shrimp. 
For a person aboard a trawler to fish for penaeid shrimp in the South 
Atlantic EEZ or possess penaeid shrimp in or from the South Atlantic 
EEZ, a valid commercial vessel permit for South Atlantic penaeid shrimp 
must have been issued to the vessel and must be on board.
    (2) South Atlantic rock shrimp. (i) For a person aboard a vessel to 
fish for rock shrimp in the South Atlantic EEZ off North Carolina or off 
South Carolina or possess rock shrimp in or from the South Atlantic EEZ 
off those states, a Commercial Vessel Permit for Rock Shrimp (Carolinas 
Zone) or a Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) 
must be issued to the vessel and must be on board.
    (ii) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in 
or from the South Atlantic EEZ off those states, a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ) must be issued to the vessel 
and must be on board. A Commercial Vessel Permit for Rock Shrimp (South 
Atlantic EEZ) is a limited access permit. See Sec. 622.201 for 
limitations on the issuance, transfer, or renewal of a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ).
    (b) Operator permits. (1) An operator of a vessel that has or is 
required to have a Commercial Vessel Permit for Rock Shrimp (Carolinas 
Zone) or a Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) 
issued under this section is required to have an operator permit.
    (2) A person required to have an operator permit under paragraph 
(b)(1) of this section must carry on board such permit and one other 
form of personal identification that includes a picture (driver's 
license, passport, etc.).
    (3) An owner of a vessel that is required to have a permitted 
operator under paragraph (b)(1) of this section must ensure that at 
least one person

[[Page 353]]

with a valid operator permit is aboard while the vessel is at sea or 
offloading.
    (4) An owner of a vessel that is required to have a permitted 
operator under paragraph (b)(1) of this section and the operator of such 
vessel are responsible for ensuring that a person whose operator permit 
is suspended, revoked, or modified pursuant to subpart D of 15 CFR part 
904 is not aboard that vessel.
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive South Atlantic rock shrimp harvested in or from the EEZ, a 
Gulf and South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (d) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19495, Apr. 9, 2014]



Sec. 622.201  South Atlantic rock shrimp limited access.

    (a) Commercial Vessel Permits for Rock Shrimp (South Atlantic EEZ). 
For a person aboard a vessel to fish for rock shrimp in the South 
Atlantic EEZ off Georgia or off Florida or possess rock shrimp in or 
from the South Atlantic EEZ off those states, a Commercial Permit for 
Rock Shrimp (South Atlantic EEZ) must be issued to the vessel and must 
be on board. No applications for additional Commercial Vessel Permits 
for Rock Shrimp (South Atlantic EEZ) will be accepted.
    (b) Transfer of an existing permit. A Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) is valid only for the vessel and owner 
named on the permit. To change either the vessel or the owner, a 
complete application for transfer must be submitted to the RA. An owner 
of a vessel with a permit may request that the RA transfer a valid 
permit to another vessel owned by the same entity, to the same vessel 
owned by another entity, or to another vessel with another owner. A 
transfer of a permit under this paragraph will include the transfer of 
the vessel's entire catch history of South Atlantic rock shrimp to a new 
owner; no partial transfers are allowed.
    (c) Renewal. The RA will not reissue a Commercial Vessel Permit for 
Rock Shrimp (South Atlantic EEZ) if the permit is revoked or if the RA 
does not receive an application for renewal of the permit within 1 year 
after the expiration date of the permit.
    (d) Limitation on permits. A vessel for which a permit for South 
Atlantic rock shrimp is required may be issued either a Commercial 
Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ), depending on its 
eligibility. However, no such vessel may be issued both permits for the 
same period of effectiveness.



Sec. 622.202  [Reserved]



Sec. 622.203  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators--(1) Reporting 
requirement. The owner or operator of a vessel that fishes for shrimp in 
the South Atlantic EEZ or in adjoining state waters, or that lands 
shrimp in an adjoining state, must provide information for any fishing 
trip, as requested by the SRD, including, but not limited to, vessel 
identification, gear, effort, amount of shrimp caught by species, shrimp 
condition (heads on/heads off), fishing areas and depths, and person to 
whom sold.
    (2) Reporting deadline. Completed fishing records required by 
paragraphs (a)(1) of this section must be submitted to the SRD 
postmarked not later than 7 days after the end of each fishing trip. If 
no fishing occurred during a calendar month, a report so stating must be 
submitted on one of the forms postmarked not later than 7 days after the 
end of that month. Information to be reported is indicated on the form 
and its accompanying instructions.
    (b) South Atlantic rock shrimp dealers. (1) A dealer who first 
receives South Atlantic rock shrimp must maintain

[[Page 354]]

records and submit information as specified in Sec. 622.5(c).
    (2) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec. 622.200(c)(1), must make 
available to an authorized officer all records of offloadings, 
purchases, or sales of rock shrimp.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19495, Apr. 9, 2014]



Sec. 622.204  At-sea observer coverage.

    (a) Required coverage. A vessel for which a Federal commercial 
permit for South Atlantic rock shrimp or South Atlantic penaeid shrimp 
has been issued must carry a NMFS-approved observer, if the vessel's 
trip is selected by the SRD for observer coverage.
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.205  Vessel monitoring systems (VMSs).

    (a) VMS requirement for South Atlantic rock shrimp. An owner or 
operator of a vessel that has been issued a limited access endorsement 
for South Atlantic rock shrimp (until January 27, 2010) or a Commercial 
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must ensure that such 
vessel has an operating VMS approved by NMFS for use in the South 
Atlantic rock shrimp fishery on board when on a trip in the South 
Atlantic. An operating VMS includes an operating mobile transmitting 
unit on the vessel and a functioning communication link between the unit 
and NMFS as provided by a NMFS-approved communication service provider.
    (b) Installation and activation of a VMS. Only a VMS that has been 
approved by NMFS for the South Atlantic rock shrimp fishery may be used, 
and the VMS must be installed by a qualified marine electrician. When 
installing and activating the NMFS-approved VMS, or when reinstalling 
and reactivating such VMS, the vessel owner or operator must--
    (1) Follow procedures indicated on a NMFS-approved installation and 
activation checklist for the applicable fishery, which is available from 
NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue 
South, St. Petersburg, FL 33701; phone: 800-758-4833; and
    (2) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 
13th Avenue South, St. Petersburg, FL 33701, a statement certifying 
compliance with the checklist, as prescribed on the checklist.
    (3) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 
13th Avenue South, St. Petersburg, FL 33701, a vendor-completed 
installation certification checklist, which is available from NMFS 
Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701; phone: 800-758-4833.
    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.

[[Page 355]]

    (d) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact NMFS 
Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701, phone: 800-758-4833, and follow instructions from 
that office. If notified by NMFS that a vessel's VMS is not operating 
properly, the owner and operator must follow instructions from that 
office. In either event, such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS the 
vessel's positions or returning to port until the VMS is operable.
    (e) Access to position data. As a condition of authorized fishing 
for or possession of fish in a fishery subject to VMS requirements in 
this section, a vessel owner or operator subject to the requirements for 
a VMS in this section must allow NMFS, the USCG, and their authorized 
officers and designees access to the vessel's position data obtained 
from the VMS.



Sec. 622.206  Area and seasonal closures.

    (a) South Atlantic shrimp cold weather closure. (1) Pursuant to the 
procedures and criteria established in the FMP for the Shrimp Fishery of 
the South Atlantic Region, when Florida, Georgia, North Carolina, or 
South Carolina closes all or a portion of its waters of the South 
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant 
Administrator may concurrently close the South Atlantic EEZ adjacent to 
the closed state waters by filing a notification of closure with the 
Office of the Federal Register. Closure of the adjacent EEZ will be 
effective until the ending date of the closure in state waters, but may 
be ended earlier based on the state's request. In the latter case, the 
Assistant Administrator will terminate a closure of the EEZ by filing a 
notification to that effect with the Office of the Federal Register.
    (2) During a closure, as specified in paragraph (a)(1) of this 
section--
    (i) No person may trawl for brown shrimp, pink shrimp, or white 
shrimp in the closed portion of the EEZ (closed area); and no person may 
possess on board a fishing vessel brown shrimp, pink shrimp, or white 
shrimp in or from a closed area, except as authorized in paragraph 
(a)(2)(iii) of this section.
    (ii) No person aboard a vessel trawling in that part of a closed 
area that is within 25 nm of the baseline from which the territorial sea 
is measured may use or have on board a trawl net with a mesh size less 
than 4 inches (10.2 cm), as measured between the centers of opposite 
knots when pulled taut.
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on 
board a fishing vessel in a closed area, provided the vessel is in 
transit and all trawl nets with a mesh size less than 4 inches (10.2 
cm), as measured between the centers of opposite knots when pulled taut, 
are stowed below deck while transiting the closed area. For the purpose 
of this paragraph, a vessel is in transit when it is on a direct and 
continuous course through a closed area.
    (b) [Reserved]



Sec. 622.207  Bycatch Reduction Device (BRD) requirements.

    (a) BRD requirement for South Atlantic shrimp. On a shrimp trawler 
in the South Atlantic EEZ, each net that is rigged for fishing must have 
a BRD installed that is listed in paragraph (a)(3) of this section and 
is certified or provisionally certified for the area in which the shrimp 
trawler is located, unless exempted as specified in paragraphs (a)(1)(i) 
through (iii) of this section. A trawl net is rigged for fishing if it 
is in the water, or if it is shackled, tied, or otherwise connected to a 
sled, door, or other device that spreads the net, or to a tow rope, 
cable, pole, or extension, either on board or attached to a shrimp 
trawler.
    (1) Exemptions from BRD requirement--(i) Try net exemption. A shrimp 
trawler is exempt from the requirement to have a certified or 
provisionally certified BRD installed in a single try net with a 
headrope length of 16 ft (4.9 m) or less provided the single try net is 
either placed immediately in front of another net or is not connected to 
another net.
    (ii) Roller trawl exemption. A shrimp trawler is exempt from the 
requirement to have a certified or provisionally certified BRD installed 
in up to

[[Page 356]]

two rigid-frame roller trawls that are 16 ft (4.9 m) or less in length 
used or possessed on board. A rigid-frame roller trawl is a trawl that 
has a mouth formed by a rigid frame and a grid of rigid vertical bars; 
has rollers on the lower horizontal part of the frame to allow the trawl 
to roll over the bottom and any obstruction while being towed; and has 
no doors, boards, or similar devices attached to keep the mouth of the 
trawl open.
    (iii) BRD certification testing exemption. A shrimp trawler that is 
authorized by the RA to participate in the pre-certification testing 
phase or to test a BRD in the EEZ for possible certification, has such 
written authorization on board, and is conducting such test in 
accordance with the ``Bycatch Reduction Device Testing Manual'' is 
granted a limited exemption from the BRD requirement specified in this 
section. The exemption from the BRD requirement is limited to those 
trawls that are being used in the certification trials. All other trawls 
rigged for fishing must be equipped with certified or provisionally 
certified BRDs.
    (2) Procedures for certification and decertification of BRDs. The 
process for the certification of BRDs consists of two phases--an 
optional pre-certification phase and a required certification phase. The 
RA may also provisionally certify a BRD.
    (i) Pre-certification. The pre-certification phase allows a person 
to test and evaluate a new BRD design for up to 60 days without being 
subject to the observer requirements and rigorous testing requirements 
specified for certification testing in the ``Bycatch Reduction Device 
Testing Manual.''
    (A) A person who wants to conduct pre-certification phase testing 
must submit an application to the RA, as specified in the ``Bycatch 
Reduction Device Testing Manual.'' The ``Bycatch Reduction Device 
Testing Manual'', which is available from the RA, upon request, contains 
the application forms.
    (B) After reviewing the application, the RA will determine whether 
to issue a letter of authorization (LOA) to conduct pre-certification 
trials upon the vessel specified in the application. If the RA 
authorizes pre-certification, the RA's LOA must be on board the vessel 
during any trip involving the BRD testing.
    (ii) Certification. A person who proposes a BRD for certification 
for use in the South Atlantic EEZ must submit an application to test 
such BRD, conduct the testing, and submit the results of the test in 
accordance with the ``Bycatch Reduction Device Testing Manual.'' The RA 
will issue a LOA to conduct certification trials upon the vessel 
specified in the application if the RA finds that: The operation plan 
submitted with the application meets the requirements of the ``Bycatch 
Reduction Device Testing Manual''; the observer identified in the 
application is qualified; and the results of any pre-certification 
trials conducted have been reviewed and deemed to indicate a reasonable 
scientific basis for conducting certification testing. If authorization 
to conduct certification trials is denied, the RA will provide a letter 
of explanation to the applicant, together with relevant recommendations 
to address the deficiencies resulting in the denial. To be certified for 
use in the fishery, the BRD candidate must successfully demonstrate a 
30-percent reduction in total weight of finfish bycatch. In addition, 
the BRD candidate must satisfy the following conditions: There is at 
least a 50-percent probability the true reduction rate of the BRD 
candidate meets the bycatch reduction criterion and there is no more 
than a 10-percent probability the true reduction rate of the BRD 
candidate is more than 5 percentage points less than the bycatch 
reduction criterion. If a BRD meets both conditions, consistent with the 
``Bycatch Reduction Device Testing Manual'', NMFS, through appropriate 
rulemaking procedures, will add the BRD to the list of certified BRDs in 
paragraph (a)(3) of this section; and provide the specifications for the 
newly certified BRD, including any special conditions deemed appropriate 
based on the certification testing results.
    (iii) Provisional certification. Based on data provided consistent 
with the ``Bycatch Reduction Device Testing Manual'', the RA may 
provisionally certify a BRD if there is at least a 50-percent 
probability the true reduction rate of

[[Page 357]]

the BRD is no more than 5 percentage points less than the bycatch 
reduction criterion, i.e. 25 percent reduction in total weight of 
finfish bycatch. Through appropriate rulemaking procedures, NMFS will 
add the BRD to the list of provisionally certified BRDs in paragraph 
(a)(3) of this section; and provide the specifications for the BRD, 
including any special conditions deemed appropriate based on the 
certification testing results. A provisional certification is effective 
for 2 years from the date of publication of the notification in the 
Federal Register announcing the provisional certification.
    (iv) Decertification. The RA will decertify a BRD if NMFS determines 
the BRD does not meet the requirements for certification or provisional 
certification. Before determining whether to decertify a BRD, the RA 
will notify the South Atlantic Fishery Management Council in writing, 
and the public will be provided an opportunity to comment on the 
advisability of any proposed decertification. The RA will consider any 
comments from the Council and public, and if the RA elects to decertify 
the BRD, the RA will proceed with decertification via appropriate 
rulemaking.
    (3) Certified and provisionally certified BRDs--(i) Certified BRDS. 
The following BRDs are certified for use in the South Atlantic EEZ. 
Specifications of these certified BRDs are contained in Appendix D to 
this part.
    (A) Fisheye--see Appendix D to part 622 for separate specifications 
in the Gulf and South Atlantic EEZ.
    (B) Gulf fisheye.
    (C) Jones-Davis.
    (D) Modified Jones-Davis.
    (E) Expanded mesh.
    (F) Extended funnel.
    (G) Cone Fish Deflector Composite Panel.
    (H) Square Mesh Panel (SMP) Composite Panel.
    (ii) [Reserved]
    (b) [Reserved]



Sec. 622.208  Minimum mesh size applicable to rock shrimp off Georgia
and Florida.

    (a) The minimum mesh size for the cod end of a rock shrimp trawl net 
in the South Atlantic EEZ off Georgia and Florida is 1\7/8\ inches (4.8 
cm), stretched mesh. This minimum mesh size is required in at least the 
last 40 meshes forward of the cod end drawstring (tie-off rings), and 
smaller-mesh bag liners are not allowed. A vessel that has a trawl net 
on board that does not meet these requirements may not possess a rock 
shrimp in or from the South Atlantic EEZ off Georgia and Florida.
    (b) [Reserved]



Sec. 622.209  Restrictions on sale/purchase.

    (a) South Atlantic rock shrimp. (1) Rock shrimp harvested in the 
South Atlantic EEZ on board a vessel that does not have a valid 
commercial permit for rock shrimp, as required under Sec. 
622.200(a)(2), may not be transferred, received, sold, or purchased.
    (2) Rock shrimp harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid commercial vessel permit for South 
Atlantic rock shrimp may be sold or transferred only to a dealer who has 
a valid Gulf and South Atlantic dealer permit, as required under Sec. 
622.200(c)(1).
    (3) Rock shrimp harvested in or from the EEZ may be first received 
by a dealer who has a valid Gulf and South Atlantic dealer permit, as 
required under Sec. 622.200(c)(1), only from a vessel that has a valid 
commercial vessel permit for rock shrimp.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]



Sec. 622.210  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Shrimp Fishery of the South Atlantic Region, the RA may establish or 
modify the items specified in paragraph (a) of this section for South 
Atlantic shrimp.
    (a) Biomass levels, age-structured analyses, BRD certification 
criteria, BRD specifications, BRD testing protocol, certified BRDs, nets 
required to use BRDs, times and locations when the use of BRDs is 
required, definitions of essential fish habitat, and essential fish 
habitat HAPCs or Coral HAPCs.
    (b) [Reserved]

[[Page 358]]



Subpart K_Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South 
                             Atlantic Region



Sec. 622.220  Permits.

    See Sec. 622.4 for information regarding general permit procedures 
including, but not limited to fees, duration, transfer, renewal, 
display, sanctions and denials, and replacement.
    (a) Required permits--(1) Allowable chemical. For an individual to 
take or possess fish or other marine organisms with an allowable 
chemical in a coral area, other than fish or other marine organisms that 
are landed in Florida, a Federal allowable chemical permit must have 
been issued to the individual. Such permit must be available when the 
permitted activity is being conducted and when such fish or other marine 
organisms are possessed, through landing ashore.
    (2) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the South Atlantic EEZ, other than allowable 
octocoral that is landed in Florida, a Federal allowable octocoral 
permit must have been issued to the individual. Such permit must be 
available for inspection when the permitted activity is being conducted 
and when allowable octocoral is possessed, through landing ashore.
    (3) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the South Atlantic EEZ, a Federal aquacultured 
live rock permit must have been issued for the specific harvest site. 
Such permit, or a copy, must be on board a vessel depositing or 
possessing material on an aquacultured live rock site or harvesting or 
possessing live rock from an aquacultured live rock site.
    (4) Prohibited coral. A Federal permit may be issued to take or 
possess South Atlantic prohibited coral only as scientific research 
activity, exempted fishing, or exempted educational activity. See Sec. 
600.745 of this chapter for the procedures and limitations for such 
activities and fishing.
    (5) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (i) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (ii) Landing allowable octocoral in Florida.
    (iii) Landing live rock in Florida.
    (b) Application. (1) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (2) An applicant must provide the following:
    (i) Name, address, telephone number, and other identifying 
information of the applicant.
    (ii) Name and address of any affiliated company, institution, or 
organization.
    (iii) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (iv) Any other information that may be necessary for the issuance or 
administration of the permit.
    (v) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (A) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (B) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (C) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (D) Describes the naturally occurring bottom habitat at the site; 
and
    (E) Specifies the type and origin of material to be deposited on the 
site

[[Page 359]]

and how it will be distinguishable from the naturally occurring 
substrate.



Sec. 622.221  Recordkeeping and reporting.

    (a) Individuals with coral or live rock permits. (1) An individual 
with a Federal allowable octocoral permit must submit a report of 
harvest to the SRD. Specific reporting requirements will be provided 
with the permit.
    (2) A person with a Federal aquacultured live rock permit must 
report to the RA each deposition of material on a site. Such reports 
must be postmarked not later than 7 days after deposition and must 
contain the following information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (3) A person who takes aquacultured live rock must submit a report 
of harvest to the RA. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.
    (b) [Reserved]



Sec. 622.222  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Power-assisted tools. A power-assisted tool may not be used in 
the South Atlantic EEZ to take allowable octocoral, prohibited coral, or 
live rock.
    (b) [Reserved]



Sec. 622.223  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited coral. South Atlantic prohibited coral taken as 
incidental catch in the South Atlantic EEZ must be returned immediately 
to the sea in the general area of fishing. In fisheries where the entire 
catch is landed unsorted, such as the scallop and groundfish fisheries, 
unsorted prohibited coral may be landed ashore; however, no person may 
sell or purchase such prohibited coral.
    (c) Wild live rock. Wild live rock may not be harvested or possessed 
in the South Atlantic EEZ.
    (d) Octocoral. Octocoral may not be harvested or possessed in or 
from the portion of the South Atlantic EEZ managed under the FMP. 
Octocoral collected in the portion of the South Atlantic EEZ managed 
under the FMP must be released immediately with a minimum of harm.



Sec. 622.224  Area closures to protect South Atlantic corals.

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL).
    (b) Oculina Bank--(1) HAPC. The Oculina Bank HAPC is bounded by 
rhumb lines connecting, in order, the following points:

----------------------------------------------------------------------------------------------------------------
                 Point                       North lat.                           West long.
----------------------------------------------------------------------------------------------------------------
Origin.................................  29 deg.43'29.82`    80 deg.14'48.06`
1......................................  29 deg.43'30`       80 deg.15'48.24`
2......................................  29 deg.34'51.66`    80 deg.15'00.78`
3......................................  29 deg.34'07.38`    80 deg.15'51.66`
4......................................  29 deg.29'24.9`     80 deg.15'15.78`
5......................................  29 deg.09'32.52`    80 deg.12'17.22`
6......................................  29 deg.04'45.18`    80 deg.10'12`
7......................................  28 deg.56'01.86`    80 deg.08'53.64`
8......................................  28 deg.52'44.40`    80 deg.08'53.04`
9......................................  28 deg.47'28.56`    80 deg.07'07.44`
10.....................................  28 deg.46'13.68`    80 deg.07'15.9`
11.....................................  28 deg.41'16.32`    80 deg.05'58.74`
12.....................................  28 deg.35'05.76`    80 deg.05'14.28`
13.....................................  28 deg.33'50.94`    80 deg.05'24.6`

[[Page 360]]

 
14.....................................  28 deg.30'51.36`    80 deg.04'23.94`
15.....................................  28 deg.30'00`       80 deg.03'57.3`
16.....................................  28 deg.30'          80 deg.03'
17.....................................  28 deg.16'          80 deg.03'
18.....................................  28 deg.04'30`       80 deg.01'10.08`
19.....................................  28 deg.04'30`       80 deg.00'
20.....................................  27 deg.30'          80 deg.00'
21.....................................  27 deg.30'          79 deg.54`--Point corresponding with intersection
                                                              with the 100-fathom (183-m) contour, as shown on
                                                              the latest edition of NOAA chart 11460
----------------------------------------------------------------------------------------------------------------
 Note: Line between point 21 and point 22 follows the 100-fathom (183-m) contour, as shown on the latest edition
                                               of NOAA chart 11460
----------------------------------------------------------------------------------------------------------------
22.....................................  28 deg.30'00`       79 deg.56'56`-- Point corresponding with
                                                              intersection with the 100-fathom (183-m) contour,
                                                              as shown on the latest edition of NOAA chart 11460
23.....................................  28 deg.30'00`       80 deg.00'46.02`
24.....................................  28 deg.46'00.84`    80 deg.03'28.5`
25.....................................  28 deg.48'37.14`    80 deg.03'56.76`
26.....................................  28 deg.53'18.36`    80 deg.04'48.84`
27.....................................  29 deg.11'19.62`    80 deg.08'36.9`
28.....................................  29 deg.17'33.96`    80 deg.10'06.9`
29.....................................  29 deg.23'35.34`    80 deg.11'30.06`
30.....................................  29 deg.30'15.72`    80 deg.12'38.88`
31.....................................  29 deg.35'55.86`    80 deg.13'41.04`
Origin.................................  29 deg.43'29.82`    80 deg.14'55.27`
----------------------------------------------------------------------------------------------------------------

    (i) In the Oculina Bank HAPC, no person may:
    (A) Use a bottom longline, bottom trawl, dredge, pot, or trap.
    (B) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (C) Fish for or possess rock shrimp in or from the Oculina Bank 
HAPC, except a shrimp vessel with a valid commercial vessel permit for 
rock shrimp that possesses rock shrimp may transit through the Oculina 
Bank HAPC if fishing gear is appropriately stowed. For the purpose of 
this paragraph, transit means a direct and non-stop continuous course 
through the area, maintaining a minimum speed of five knots as 
determined by an operating VMS and a VMS minimum ping rate of 1 ping per 
5 minutes; fishing gear appropriately stowed means that doors and nets 
are out of the water.
    (ii) [Reserved]
    (2) Experimental closed area. Within the Oculina Bank HAPC, the 
experimental closed area is bounded on the north by 27 deg.53' N. lat., 
on the south by 27 deg.30' N. lat., on the east by 79 deg.56' W. long., 
and on the west by 80 deg.00' W. long. No person may fish for South 
Atlantic snapper-grouper in the experimental closed area, and no person 
may retain South Atlantic snapper-grouper in or from the area. In the 
experimental closed area, any South Atlantic snapper-grouper taken 
incidentally by hook-and-line gear must be released immediately by 
cutting the line without removing the fish from the water.
    (c) Deepwater Coral HAPCs--(1) Locations. The following areas are 
designated Deepwater Coral HAPCs:
    (i) Cape Lookout Lophelia Banks is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
             Point                   North lat.           West long.
------------------------------------------------------------------------
Origin........................  34 deg.24'37`        75 deg.45'11`
1.............................  34 deg.10'26`        75 deg.58'44`
2.............................  34 deg.05'47`        75 deg.54'54`
3.............................  34 deg.21'02`        75 deg.41'25`
4.............................  34 deg.23'28.998`    75 deg.43'58.002`
5.............................  34 deg.27'00`        75 deg.41'45`
6.............................  34 deg.27'54`        75 deg.42'45`
Origin........................  34 deg.24'37`        75 deg.45'11`
------------------------------------------------------------------------

    (ii) Cape Fear Lophelia Banks is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  33 deg.38'49`         76 deg.29'32`
1...........................  33 deg.32'21`         76 deg.32'38`
2...........................  33 deg.29'49`         76 deg.26'19`
3...........................  33 deg.36'09`         76 deg.23'37`
Origin......................  33 deg.38'49`         76 deg.29'32`
------------------------------------------------------------------------

    (iii) Stetson Reefs, Savannah and East Florida Lithoherms, and Miami 
Terrace (Stetson-Miami Terrace) is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

[[Page 361]]



------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  at outer          79 deg.00'00`
                                       boundary of EEZ
1...................................  31 deg.23'37`     79 deg.00'00`
2...................................  31 deg.23'37`     77 deg.16'21`
3...................................  32 deg.38'37`     77 deg.16'21`
4...................................  32 deg.38'21`     77 deg.34'06`
5...................................  32 deg.35'24`     77 deg.37'54`
6...................................  32 deg.32'18`     77 deg.40'26`
7...................................  32 deg.28'42`     77 deg.44'10`
8...................................  32 deg.25'51`     77 deg.47'43`
9...................................  32 deg.22'40`     77 deg.52'05`
10..................................  32 deg.20'58`     77 deg.56'29`
11..................................  32 deg.20'30`     77 deg.57'50`
12..................................  32 deg.19'53`     78 deg.00'49`
13..................................  32 deg.18'44`     78 deg.04'35`
14..................................  32 deg.17'35`     78 deg.07'48`
15..................................  32 deg.17'15`     78 deg.10'41`
16..................................  32 deg.15'50`     78 deg.14'09`
17..................................  32 deg.15'20`     78 deg.15'25`
18..................................  32 deg.12'15`     78 deg.16'37`
19..................................  32 deg.10'26`     78 deg.18'09`
20..................................  32 deg.04'42`     78 deg.21'27`
21..................................  32 deg.03'41`     78 deg.24'07`
22..................................  32 deg.04'58`     78 deg.29'19`
23..................................  32 deg.06'59`     78 deg.30'48`
24..................................  32 deg.09'27`     78 deg.31'31`
25..................................  32 deg.11'23`     78 deg.32'47`
26..................................  32 deg.13'09`     78 deg.34'04`
27..................................  32 deg.14'08`     78 deg.34'36`
28..................................  32 deg.12'48`     78 deg.36'34`
29..................................  32 deg.13'07`     78 deg.39'07`
30..................................  32 deg.14'17`     78 deg.40'01`
31..................................  32 deg.16'20`     78 deg.40'18`
32..................................  32 deg.16'33`     78 deg.42'32`
33..................................  32 deg.14'26`     78 deg.43'23`
34..................................  32 deg.11'14`     78 deg.45'42`
35..................................  32 deg.10'19`     78 deg.49'08`
36..................................  32 deg.09'42`     78 deg.52'54`
37..................................  32 deg.08'15`     78 deg.56'11`
38..................................  32 deg.05'00`     79 deg.00'30`
39..................................  32 deg.01'54`     79 deg.02'49`
40..................................  31 deg.58'40`     79 deg.04'51`
41..................................  31 deg.56'32`     79 deg.06'48`
42..................................  31 deg.53'27`     79 deg.09'18`
43..................................  31 deg.50'56`     79 deg.11'29`
44..................................  31 deg.49'07`     79 deg.13'35`
45..................................  31 deg.47'56`     79 deg.16'08`
46..................................  31 deg.47'11`     79 deg.16'30`
47..................................  31 deg.46'29`     79 deg.16'25`
48..................................  31 deg.44'31`     79 deg.17'24`
49..................................  31 deg.43'20`     79 deg.18'27`
50..................................  31 deg.42'26`     79 deg.20'41`
51..................................  31 deg.41'09`     79 deg.22'26`
52..................................  31 deg.39'36`     79 deg.23'59`
53..................................  31 deg.37'54`     79 deg.25'29`
54..................................  31 deg.35'57`     79 deg.27'14`
55..................................  31 deg.34'14`     79 deg.28'24`
56..................................  31 deg.31'08`     79 deg.29'59`
57..................................  31 deg.30'26`     79 deg.29'52`
58..................................  31 deg.29'11`     79 deg.30'11`
59..................................  31 deg.27'58`     79 deg.31'41`
60..................................  31 deg.27'06`     79 deg.32'08`
61..................................  31 deg.26'22`     79 deg.32'48`
62..................................  31 deg.24'21`     79 deg.33'51`
63..................................  31 deg.22'53`     79 deg.34'41`
64..................................  31 deg.21'03`     79 deg.36'01`
65..................................  31 deg.20'00`     79 deg.37'12`
66..................................  31 deg.18'34`     79 deg.38'15`
67..................................  31 deg.16'49`     79 deg.38'36`
68..................................  31 deg.13'06`     79 deg.38'19`
70..................................  31 deg.11'04`     79 deg.38'39`
70..................................  31 deg.09'28`     79 deg.39'09`
71..................................  31 deg.07'44`     79 deg.40'21`
72..................................  31 deg.05'53`     79 deg.41'27`
73..................................  31 deg.04'40`     79 deg.42'09`
74..................................  31 deg.02'58`     79 deg.42'28`
75..................................  31 deg.01'03`     79 deg.42'40`
76..................................  30 deg.59'50`     79 deg.42'43`
77..................................  30 deg.58'27`     79 deg.42'43`
78..................................  30 deg.57'15`     79 deg.42'50`
79..................................  30 deg.56'09`     79 deg.43'28`
80..................................  30 deg.54'49`     79 deg.44'53`
81..................................  30 deg.53'44`     79 deg.46'24`
82..................................  30 deg.52'47`     79 deg.47'40`
83..................................  30 deg.51'45`     79 deg.48'16`
84..................................  30 deg.48'36`     79 deg.49'02`
85..................................  30 deg.45'24`     79 deg.49'55`
86..................................  30 deg.41'36`     79 deg.51'31`
87..................................  30 deg.38'38`     79 deg.52'23`
88..................................  30 deg.37'00`     79 deg.52'37.2`
89..................................  30 deg.37'00`     80 deg.05'00`
90..................................  30 deg.34'6.42`   80 deg.05'54.96`
91..................................  30 deg.26'59.94`  80 deg.07'41.22`
92..................................  30 deg.23'53.28`  80 deg.08'8.58`
93..................................  30 deg.19'22.86`  80 deg.09'22.56`
94..................................  30 deg.13'17.58`  80 deg.11'15.24`
95..................................  30 deg.07'55.68`  80 deg.12'19.62`
96..................................  30 deg.00'00`     80 deg.13'00`
97..................................  30 deg.00'9`      80 deg.09'30`
98..................................  30 deg.03'00`     80 deg.09'30`
99..................................  30 deg.03'00`     80 deg.06'00`
100.................................  30 deg.04'00`     80 deg.02'45.6`
101.................................  29 deg.59'16`     80 deg.04'11`
102.................................  29 deg.49'12`     80 deg.05'44`
103.................................  29 deg.43'59`     80 deg.06'24`
104.................................  29 deg.38'37`     80 deg.06'53`
105.................................  29 deg.36'54`     80 deg.07'18`
106.................................  29 deg.31'59`     80 deg.07'32`
107.................................  29 deg.29'14`     80 deg.07'18`
108.................................  29 deg.21'48`     80 deg.05'01`
109.................................  29 deg.20'25`     80 deg.04'29`
110.................................  29 deg.08'00`     79 deg.59'43`
111.................................  29 deg.06'56`     79 deg.59'07`
112.................................  29 deg.05'59`     79 deg.58'44`
113.................................  29 deg.03'34`     79 deg.57'37`
114.................................  29 deg.02'11`     79 deg.56'59`
115.................................  29 deg.00'00`     79 deg.55'32`
116.................................  28 deg.56'55`     79 deg.54'22`
117.................................  28 deg.55'00`     79 deg.53'31`
118.................................  28 deg.53'35`     79 deg.52'51`
119.................................  28 deg.51'47`     79 deg.52'07`
120.................................  28 deg.50'25`     79 deg.51'27`
121.................................  28 deg.49'53`     79 deg.51'20`
122.................................  28 deg.49'01`     79 deg.51'20`
123.................................  28 deg.48'19`     79 deg.51'10`
124.................................  28 deg.47'13`     79 deg.50'59`
125.................................  28 deg.43'30`     79 deg.50'36`
126.................................  28 deg.41'05`     79 deg.50'04`
127.................................  28 deg.40'27`     79 deg.50'07`
128.................................  28 deg.39'50`     79 deg.49'56`
129.................................  28 deg.39'04`     79 deg.49'58`
130.................................  28 deg.36'43`     79 deg.49'35`
131.................................  28 deg.35'01`     79 deg.49'24`
132.................................  28 deg.30'37`     79 deg.48'35`
133.................................  28 deg.14'00`     79 deg.46'20`
134.................................  28 deg.11'41`     79 deg.46'12`
135.................................  28 deg.08'02`     79 deg.45'45`
136.................................  28 deg.01'20`     79 deg.45'20`
137.................................  27 deg.58'13`     79 deg.44'51`
138.................................  27 deg.56'23`     79 deg.44'53`
139.................................  27 deg.49'40`     79 deg.44'25`
140.................................  27 deg.46'27`     79 deg.44'22`
141.................................  27 deg.42'00`     79 deg.44'33`
142.................................  27 deg.36'08`     79 deg.44'58`
143.................................  27 deg.30'00`     79 deg.45'29`
144.................................  27 deg.29'04`     79 deg.45'47`
145.................................  27 deg.27'05`     79 deg.45'54`
146.................................  27 deg.25'47`     79 deg.45'57`

[[Page 362]]

 
147.................................  27 deg.19'46`     79 deg.45'14`
148.................................  27 deg.17'54`     79 deg.45'12`
149.................................  27 deg.12'28`     79 deg.45'00`
150.................................  27 deg.07'45`     79 deg.46'07`
151.................................  27 deg.04'47`     79 deg.46'29`
152.................................  27 deg.00'43`     79 deg.46'39`
153.................................  26 deg.58'43`     79 deg.46'28`
154.................................  26 deg.57'06`     79 deg.46'32`
155.................................  26 deg.49'58`     79 deg.46'54`
156.................................  26 deg.48'58`     79 deg.46'56`
157.................................  26 deg.47'01`     79 deg.47'09`
158.................................  26 deg.46'04`     79 deg.47'09`
159.................................  26 deg.35'09`     79 deg.48'01`
160.................................  26 deg.33'37`     79 deg.48'21`
161.................................  26 deg.27'56`     79 deg.49'09`
162.................................  26 deg.25'55`     79 deg.49'30`
163.................................  26 deg.21'05`     79 deg.50'03`
164.................................  26 deg.20'30`     79 deg.50'20`
165.................................  26 deg.18'56`     79 deg.50'17`
166.................................  26 deg.16'19`     79 deg.54'06`
167.................................  26 deg.13'48`     79 deg.54'48`
168.................................  26 deg.12'19`     79 deg.55'37`
169.................................  26 deg.10'57`     79 deg.57'05`
170.................................  26 deg.09'17`     79 deg.58'45`
171.................................  26 deg.07'11`     80 deg.00'22`
172.................................  26 deg.06'12`     80 deg.00'33`
173.................................  26 deg.03'26`     80 deg.01'02`
174.................................  26 deg.00'35`     80 deg.01'13`
175.................................  25 deg.49'10`     80 deg.00'38`
176.................................  25 deg.48'30`     80 deg.00'23`
177.................................  25 deg.46'42`     79 deg.59'14`
178.................................  25 deg.27'28`     80 deg.02'26`
179.................................  25 deg.24'06`     80 deg.01'44`
180.................................  25 deg.21'04`     80 deg.01'27`
181.................................  25 deg.21'04`     at outer
                                                         boundary of EEZ
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 181 to the Origin.
    (iv) Pourtales Terrace is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  24 deg.20'12`         80 deg.43'50`
1...........................  24 deg.33'42`         80 deg.34'23`
2...........................  24 deg.37'45`         80 deg.31'20`
3...........................  24 deg.47'18`         80 deg.23'08`
4...........................  24 deg.51'08`         80 deg.27'58`
5...........................  24 deg.42'52`         80 deg.35'51`
6...........................  24 deg.29'44`         80 deg.49'45`
7...........................  24 deg.15'04`         81 deg.07'52`
8...........................  24 deg.10'55`         80 deg.58'11`
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 8 to the Origin.
    (v) Blake Ridge Diapir is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  32 deg.32'28`         76 deg.13'16`
1...........................  32 deg.30'44`         76 deg.13'24`
2...........................  32 deg.30'37`         76 deg.11'21`
3...........................  32 deg.32'21`         76 deg.11'13`
Origin......................  32 deg.32'28`         76 deg.13'16`
------------------------------------------------------------------------

    (2) Restrictions. In the Deepwater Coral HAPCs specified in 
paragraph (c)(1) of this section, no person may:
    (i) Use a bottom longline, trawl (mid-water or bottom), dredge, pot, 
or trap.
    (ii) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (iii) Fish for coral or possess coral in or from the Deepwater Coral 
HAPC on board a fishing vessel.
    (3) Shrimp fishery access areas. The provisions of paragraph 
(c)(2)(i) of this section notwithstanding, an owner or operator of a 
vessel for which a valid commercial vessel permit for rock shrimp (South 
Atlantic EEZ) has been issued may trawl for shrimp in the following 
portions of the Stetson-Miami Terrace Deepwater Coral HAPC:
    (i) Shrimp access area 1 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  30 deg.06'30`     80 deg.02'2.4`
1...................................  30 deg.06'30`     80 deg.05'39.6`
2...................................  30 deg.03'00`     80 deg.09'30`
3...................................  30 deg.03'00`     80 deg.06'00`
4...................................  30 deg.04'00`     80 deg.02'45.6`
5...................................  29 deg.59'16`     80 deg.04'11`
6...................................  29 deg.49'12`     80 deg.05'44`
7...................................  29 deg.43'59`     80 deg.06'24`
8...................................  29 deg.38'37`     80 deg.06'53`
9...................................  29 deg.36'54`     80 deg.07'18`
10..................................  29 deg.31'59`     80 deg.07'32`
11..................................  29 deg.29'14`     80 deg.07'18`
12..................................  29 deg.21'48`     80 deg.05'01`
13..................................  29 deg.20'25`     80 deg.04'29`
14..................................  29 deg.20'25`     80 deg.03'11`
15..................................  29 deg.21'48`     80 deg.03'52`
16..................................  29 deg.29'14`     80 deg.06'08`
17..................................  29 deg.31'59`     80 deg.06'23`
18..................................  29 deg.36'54`     80 deg.06'00`
19..................................  29 deg.38'37`     80 deg.05'43`
20..................................  29 deg.43'59`     80 deg.05'14`
21..................................  29 deg.49'12`     80 deg.04'35`
22..................................  29 deg.59'16`     80 deg.03'01`
23..................................  30 deg.06'30`     80 deg.00'53`
Origin..............................  30 deg.06'30`     80 deg.02'2.4`
------------------------------------------------------------------------

    (ii) Shrimp access area 2 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  29 deg.08'00`     79 deg.59'43`
1...................................  29 deg.06'56`     79 deg.59'07`
2...................................  29 deg.05'59`     79 deg.58'44`
3...................................  29 deg.03'34`     79 deg.57'37`
4...................................  29 deg.02'11`     79 deg.56'59`
5...................................  29 deg.00'00`     79 deg.55'32`
6...................................  28 deg.56'55`     79 deg.54'22`
7...................................  28 deg.55'00`     79 deg.53'31`
8...................................  28 deg.53'35`     79 deg.52'51`
9...................................  28 deg.51'47`     79 deg.52'07`
10..................................  28 deg.50'25`     79 deg.51'27`

[[Page 363]]

 
11..................................  28 deg.49'53`     79 deg.51'20`
12..................................  28 deg.49'01`     79 deg.51'20`
13..................................  28 deg.48'19`     79 deg.51'10`
14..................................  28 deg.47'13`     79 deg.50'59`
15..................................  28 deg.43'30`     79 deg.50'36`
16..................................  28 deg.41'05`     79 deg.50'04`
17..................................  28 deg.40'27`     79 deg.50'07`
18..................................  28 deg.39'50`     79 deg.49'56`
19..................................  28 deg.39'04`     79 deg.49'58`
20..................................  28 deg.36'43`     79 deg.49'35`
21..................................  28 deg.35'01`     79 deg.49'24`
22..................................  28 deg.30'37`     79 deg.48'35`
23..................................  28 deg.30'37`     79 deg.47'27`
24..................................  28 deg.35'01`     79 deg.48'16`
25..................................  28 deg.36'43`     79 deg.48'27`
26..................................  28 deg.39'04`     79 deg.48'50`
27..................................  28 deg.39'50`     79 deg.48'48`
28..................................  28 deg.40'27`     79 deg.48'58`
29..................................  28 deg.41'05`     79 deg.48'56`
30..................................  28 deg.43'30`     79 deg.49'28`
31..................................  28 deg.47'13`     79 deg.49'51`
32..................................  28 deg.48'19`     79 deg.50'01`
33..................................  28 deg.49'01`     79 deg.50'13`
34..................................  28 deg.49'53`     79 deg.50'12`
35..................................  28 deg.50'25`     79 deg.50'17`
36..................................  28 deg.51'47`     79 deg.50'58`
37..................................  28 deg.53'35`     79 deg.51'43`
38..................................  28 deg.55'00`     79 deg.52'22`
39..................................  28 deg.56'55`     79 deg.53'14`
40..................................  29 deg.00'00`     79 deg.54'24`
41..................................  29 deg.02'11`     79 deg.55'50`
42..................................  29 deg.03'34`     79 deg.56'29`
43..................................  29 deg.05'59`     79 deg.57'35`
44..................................  29 deg.06'56`     79 deg.57'59`
45..................................  29 deg.08'00`     79 deg.58'34`
Origin..............................  29 deg.08'00`     79 deg.59'43`
------------------------------------------------------------------------

    (iii) Shrimp access area 3 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  28 deg.14'00`     79 deg.46'20`
1...................................  28 deg.11'41`     79 deg.46'12`
2...................................  28 deg.08'02`     79 deg.45'45`
3...................................  28 deg.01'20`     79 deg.45'20`
4...................................  27 deg.58'13`     79 deg.44'51`
5...................................  27 deg.56'23`     79 deg.44'53`
6...................................  27 deg.49'40`     79 deg.44'25`
7...................................  27 deg.46'27`     79 deg.44'22`
8...................................  27 deg.42'00`     79 deg.44'33`
9...................................  27 deg.36'08`     79 deg.44'58`
10..................................  27 deg.30'00`     79 deg.45'29`
11..................................  27 deg.29'04`     79 deg.45'47`
12..................................  27 deg.27'05`     79 deg.45'54`
13..................................  27 deg.25'47`     79 deg.45'57`
14..................................  27 deg.19'46`     79 deg.45'14`
15..................................  27 deg.17'54`     79 deg.45'12`
16..................................  27 deg.12'28`     79 deg.45'00`
17..................................  27 deg.07'45`     79 deg.46'07`
18..................................  27 deg.04'47`     79 deg.46'29`
19..................................  27 deg.00'43`     79 deg.46'39`
20..................................  26 deg.58'43`     79 deg.46'28`
21..................................  26 deg.57'06`     79 deg.46'32`
22..................................  26 deg.57'06`     79 deg.44'52`
23..................................  26 deg.58'43`     79 deg.44'47`
24..................................  27 deg.00'43`     79 deg.44'58`
25..................................  27 deg.04'47`     79 deg.44'48`
26..................................  27 deg.07'45`     79 deg.44'26`
27..................................  27 deg.12'28`     79 deg.43'19`
28..................................  27 deg.17'54`     79 deg.43'31`
29..................................  27 deg.19'46`     79 deg.43'33`
30..................................  27 deg.25'47`     79 deg.44'15`
31..................................  27 deg.27'05`     79 deg.44'12`
32..................................  27 deg.29'04`     79 deg.44'06`
33..................................  27 deg.30'00`     79 deg.43'48`
34..................................  27 deg.30'00`     79 deg.44'22`
35..................................  27 deg.36'08`     79 deg.43'50`
36..................................  27 deg.42'00`     79 deg.43'25`
37..................................  27 deg.46'27`     79 deg.43'14`
38..................................  27 deg.49'40`     79 deg.43'17`
39..................................  27 deg.56'23`     79 deg.43'45`
40..................................  27 deg.58'13`     79 deg.43'43`
41..................................  28 deg.01'20`     79 deg.44'11`
42..................................  28 deg.04'42`     79 deg.44'25`
43..................................  28 deg.08'02`     79 deg.44'37`
44..................................  28 deg.11'41`     79 deg.45'04`
45..................................  28 deg.14'00`     79 deg.45'12`
Origin..............................  28 deg.14'00`     79 deg.46'20`
------------------------------------------------------------------------

    (iv) Shrimp access area 4 is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                Point                    North lat.        West long.
------------------------------------------------------------------------
Origin..............................  26 deg.49'58`     79 deg.46'54`
1...................................  26 deg.48'58`     79 deg.46'56`
2...................................  26 deg.47'01`     79 deg.47'09`
3...................................  26 deg.46'04`     79 deg.47'09`
4...................................  26 deg.35'09`     79 deg.48'01`
5...................................  26 deg.33'37`     79 deg.48'21`
6...................................  26 deg.27'56`     79 deg.49'09`
7...................................  26 deg.25'55`     79 deg.49'30`
8...................................  26 deg.21'05`     79 deg.50'03`
9...................................  26 deg.20'30`     79 deg.50'20`
10..................................  26 deg.18'56`     79 deg.50'17`
11..................................  26 deg.18'56`     79 deg.48'37`
12..................................  26 deg.20'30`     79 deg.48'40`
13..................................  26 deg.21'05`     79 deg.48'08`
14..................................  26 deg.25'55`     79 deg.47'49`
15..................................  26 deg.27'56`     79 deg.47'29`
16..................................  26 deg.33'37`     79 deg.46'40`
17..................................  26 deg.35'09`     79 deg.46'20`
18..................................  26 deg.46'04`     79 deg.45'28`
19..................................  26 deg.47'01`     79 deg.45'28`
20..................................  26 deg.48'58`     79 deg.45'15`
21..................................  26 deg.49'58`     79 deg.45'13`
Origin..............................  26 deg.49'58`     79 deg.46'54`
------------------------------------------------------------------------

    (4) Golden crab fishery access areas. The provisions of paragraphs 
(c)(2)(i) and (ii) of this section notwithstanding, an owner or operator 
of a vessel for which a valid commercial permit for South Atlantic 
golden crab has been issued may use a trap to fish for golden crab and 
use a grapple and chain while engaged in such fishing in the following 
portions of the Stetson-Miami Terrace and the Pourtales Terrace 
Deepwater Coral HAPCs. Access to an area specified in paragraph 
(c)(4)(i) through (v) of this section is contingent on that zone being 
authorized on the vessel's permit for South Atlantic golden crab. See 
Sec. 622.241(b) for specification of zones.

[[Page 364]]

    (i) Golden crab northern zone access area is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  29 deg.00'00`         79 deg.54'24`
1...........................  28 deg.56'55`         79 deg.53'14`
2...........................  28 deg.55'00`         79 deg.52'22`
3...........................  28 deg.53'35`         79 deg.51'43`
4...........................  28 deg.51'47`         79 deg.50'58`
5...........................  28 deg.50'25`         79 deg.50'17`
6...........................  28 deg.49'53`         79 deg.50'12`
7...........................  28 deg.49'01`         79 deg.50'13`
8...........................  28 deg.48'19`         79 deg.50'01`
9...........................  28 deg.47'13`         79 deg.49'51`
10..........................  28 deg.43'30`         79 deg.49'28`
11..........................  28 deg.41'05`         79 deg.48'56`
12..........................  28 deg.40'27`         79 deg.48'58`
13..........................  28 deg.39'50`         79 deg.48'48`
14..........................  28 deg.39'04`         79 deg.48'50`
15..........................  28 deg.36'43`         79 deg.48'27`
16..........................  28 deg.35'01`         79 deg.48'16`
17..........................  28 deg.30'37`         79 deg.47'27`
18..........................  28 deg.30'37`         79 deg.42'12`
19..........................  28 deg.14'00`         79 deg.40'54`
20..........................  28 deg.14'00`         79 deg.45'12`
21..........................  28 deg.11'41`         79 deg.45'04`
22..........................  28 deg.08'02`         79 deg.44'37`
23..........................  28 deg.04'42`         79 deg.44'25`
24..........................  28 deg.01'20`         79 deg.44'11`
25..........................  28 deg.00'00`         79 deg.43'59`
26..........................  28 deg.00'00`         79 deg.38'16`
27..........................  28 deg.11'42`         79 deg.38'13`
28..........................  28 deg.23'02`         79 deg.38'57`
29..........................  28 deg.36'50`         79 deg.40'25`
30..........................  28 deg.38'33`         79 deg.41'33`
31..........................  28 deg.38'20`         79 deg.43'04`
32..........................  28 deg.41'00`         79 deg.43'39`
33..........................  28 deg.48'16`         79 deg.44'32`
34..........................  28 deg.54'29`         79 deg.45'55`
35..........................  29 deg.00'00`         79 deg.45'50`
Origin......................  29 deg.00'00`         79 deg.54'24`
------------------------------------------------------------------------

    (ii) Golden crab middle zone access area A is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  26 deg.58'45`         79 deg.35'05`
1...........................  27 deg.00'39`         79 deg.36'26`
2...........................  27 deg.07'55`         79 deg.37'52`
3...........................  27 deg.14'52`         79 deg.37'09`
4...........................  27 deg.29'21`         79 deg.37'15`
5...........................  28 deg.00'00`         79 deg.38'16`
6...........................  28 deg.00'00`         79 deg.43'59`
7...........................  27 deg.58'13`         79 deg.43'43`
8...........................  27 deg.56'23`         79 deg.43'45`
9...........................  27 deg.49'40`         79 deg.43'17`
10..........................  27 deg.46'27`         79 deg.43'14`
11..........................  27 deg.42'00`         79 deg.43'25`
12..........................  27 deg.36'08`         79 deg.43'50`
13..........................  27 deg.30'00`         79 deg.44'22`
14..........................  27 deg.30'00`         79 deg.43'48`
15..........................  27 deg.29'04`         79 deg.44'06`
16..........................  27 deg.27'05`         79 deg.44'12`
17..........................  27 deg.25'47`         79 deg.44'15`
18..........................  27 deg.19'46`         79 deg.43'33`
19..........................  27 deg.17'54`         79 deg.43'31`
20..........................  27 deg.12'28`         79 deg.43'19`
21..........................  27 deg.07'45`         79 deg.44'26`
22..........................  27 deg.04'47`         79 deg.44'48`
23..........................  27 deg.00'43`         79 deg.44'58`
24..........................  26 deg.58'43`         79 deg.44'47`
25..........................  26 deg.57'06`         79 deg.44'52`
26..........................  26 deg.57'06`         79 deg.42'34`
27..........................  26 deg.49'58`         79 deg.42'34`
28..........................  26 deg.49'58`         79 deg.45'13`
29..........................  26 deg.48'58`         79 deg.45'15`
30..........................  26 deg.47'01`         79 deg.45'28`
31..........................  26 deg.46'04`         79 deg.45'28`
32..........................  26 deg.35'09`         79 deg.46'20`
33..........................  26 deg.33'37`         79 deg.46'40`
34..........................  26 deg.27'56`         79 deg.47'29`
35..........................  26 deg.25'55`         79 deg.47'49`
36..........................  26 deg.21'05`         79 deg.48'08`
37..........................  26 deg.20'30`         79 deg.48'40`
38..........................  26 deg.18'56`         79 deg.48'37`
39..........................  26 deg.03'38`         79 deg.48'16`
40..........................  26 deg.03'35`         79 deg.46'09`
41..........................  25 deg.58'33`         79 deg.46'08`
42..........................  25 deg.54'27`         79 deg.45'37`
43..........................  25 deg.46'55`         79 deg.44'14`
44..........................  25 deg.38'04`         79 deg.45'58`
45..........................  25 deg.38'05`         79 deg.42'27`
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 45 to Point 46.
    (C) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
46..........................  26 deg.07'49`         79 deg.36'07`
47..........................  26 deg.17'36`         79 deg.36'06`
48..........................  26 deg.21'18`         79 deg.38'04`
49..........................  26 deg.50'46`         79 deg.35'12`
50..........................  26 deg.50'40`         79 deg.33'45`
------------------------------------------------------------------------

    (D) The outer boundary of the EEZ in a northerly direction from 
Point 50 to the Origin.
    (iii) Golden crab middle zone access area B is bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  25 deg.49'10`         80 deg.00'38`
1...........................  25 deg.48'30`         80 deg.00'23`
2...........................  25 deg.46'42`         79 deg.59'14`
3...........................  25 deg.27'28`         80 deg.02'26`
4...........................  25 deg.24'06`         80 deg.01'44`
5...........................  25 deg.21'04`         80 deg.01'27`
6...........................  25 deg.21'04`         79 deg.58'12`
7...........................  25 deg.23'25`         79 deg.58'19`
8...........................  25 deg.32'52`         79 deg.54'48`
9...........................  25 deg.36'58`         79 deg.54'46`
10..........................  25 deg.37'20`         79 deg.56'20`
11..........................  25 deg.49'11`         79 deg.56'00`
Origin......................  25 deg.49'10`         80 deg.00'38`
------------------------------------------------------------------------

    (iv) Golden crab middle zone access area C is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  25 deg.33'32`         79 deg.42'18`

[[Page 365]]

 
1...........................  25 deg.33'32`         79 deg.47'14`
2...........................  25 deg.21'04`         79 deg.53'45`
3...........................  25 deg.21'04`         79 deg.42'04`
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 3 to the Origin.
    (v) Golden crab southern zone access area is bounded by--
    (A) Rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
Origin......................  24 deg.14'07`         80 deg.53'27`
1...........................  24 deg.13'46`         81 deg.04'54`
2...........................  24 deg.10'55`         80 deg.58'11`
------------------------------------------------------------------------

    (B) The outer boundary of the EEZ in a northerly direction from 
Point 2 to the Origin.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 42431, July 17, 2015; 
80 FR 46205, Aug. 4, 2015; 80 FR 60566, Oct. 7, 2015; 81 FR 7715, Feb. 
16, 2016]



Sec. 622.225  Harvest limitations.

    (a) Aquacultured live rock. In the South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.220(a)(3), and aquacultured live rock on a site 
may be harvested only by the person, or his or her employee, contractor, 
or agent, who has been issued the aquacultured live rock permit for the 
site. A person harvesting aquacultured live rock is exempt from the 
prohibition on taking prohibited coral for such prohibited coral as 
attaches to aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.
    (E) Must be placed from a vessel that is anchored.
    (F) Must be geologically distinguishable from the naturally 
occurring substrate and, in addition, may be indelibly marked or tagged.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand.
    (4) The following activities are also prohibited: Chipping of 
aquacultured live rock in the EEZ, possession of chipped aquacultured 
live rock in or from the EEZ, removal of allowable octocoral or 
prohibited coral from aquacultured live rock in or from the EEZ, and 
possession of prohibited coral not attached to aquacultured live rock or 
allowable octocoral, while aquacultured live rock is in possession. See 
the definition of ``Allowable octocoral'' for clarification of the 
distinction between allowable octocoral and live rock. For the purposes 
of this paragraph (a)(4), chipping means breaking up reefs, ledges, or 
rocks into fragments, usually by means of a chisel and hammer.
    (5) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Office for Law Enforcement, Southeast 
Region, St. Petersburg, FL, by telephone (727-824-5344):
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) [Reserved]



Sec. 622.226  Restrictions on sale/purchase.

    (a) South Atlantic wild live rock. Wild live rock in or from the 
South Atlantic EEZ may not be sold or purchased. The prohibition on sale 
or purchase does not apply to wild live rock from the South Atlantic EEZ 
that was harvested and landed prior to January 1, 1996.
    (b) [Reserved]

[[Page 366]]



Sec. 622.227  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for Coral, 
Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region, 
the RA may establish or modify the following:
    (a) South Atlantic coral, coral reefs, and live/hard bottom 
habitats. Definitions of essential fish habitat and essential fish 
habitat HAPCs or Coral HAPCs.
    (b) [Reserved]



       Subpart L_Golden Crab Fishery of the South Atlantic Region



Sec. 622.240  Permits.

    (a) Commercial vessel permits. For a person aboard a vessel to fish 
for golden crab in the South Atlantic EEZ, possess golden crab in or 
from the South Atlantic EEZ, off-load golden crab from the South 
Atlantic EEZ, or sell golden crab in or from the South Atlantic EEZ, a 
commercial vessel permit for golden crab must be issued to the vessel 
and must be on board. It is a rebuttable presumption that a golden crab 
on board a vessel in the South Atlantic or off-loaded from a vessel in a 
port adjoining the South Atlantic was harvested from the South Atlantic 
EEZ. See Sec. 622.241 for limitations on the use, transfer, and renewal 
of a commercial vessel permit for golden crab.
    (b) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive South Atlantic golden crab harvested in or from the EEZ, a 
Gulf and South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (c) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]



Sec. 622.241  South Atlantic golden crab controlled access.

    (a) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial commercial vessel permits have been issued for 
the fishery. All permits in the fishery are issued on a fishing-year 
(calendar-year) basis. No additional permits may be issued except for 
the northern zone as follows:
    (1) The RA will issue up to two new vessel permits for the northern 
zone. Selection will be made from the list of historical participants in 
the South Atlantic golden crab fishery. Such list was used at the 
October 1995 meeting of the South Atlantic Fishery Management Council 
and was prioritized based on pounds of golden crab landed, without 
reference to a specific zone. Individuals on the list who originally 
received permits will be deleted from the list.
    (2) The RA will offer in writing an opportunity to apply for a 
permit for the northern zone to the individuals highest on the list 
until two individuals accept and apply in a timely manner. An offer that 
is not accepted within 30 days after it is received will no longer be 
valid.
    (3) An application for a permit from an individual who accepts the 
RA's offer must be received by the RA no later than 30 days after the 
date of the individual's acceptance. Application forms are available 
from the RA.
    (4) A vessel permit for the northern zone issued under paragraph 
(a)(1) of this section, and any successor permit, may not be changed to 
another zone. A successor permit includes a permit issued to that vessel 
for a subsequent owner and a permit issued via transfer from that vessel 
to another vessel.
    (b) Fishing zones--(1) Designation of fishing zones. The South 
Atlantic EEZ is divided into three fishing zones for golden crab as 
follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 28 deg. N. lat. to 
25 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
    (2) Authorization to fish in zones. Each vessel permit indicates one 
of the zones

[[Page 367]]

specified in paragraph (b)(1) of this section. A vessel with a permit to 
fish for golden crab in the northern zone or the middle zone may fish 
only in that zone. A vessel with a documented length overall greater 
than 65 ft (19.8 m) with a permit to fish for golden crab in the 
southern zone may fish in that zone, consistent with the provisions of 
paragraph (b)(3) of this section. A vessel may possess golden crab only 
in a zone in which it is authorized to fish, except that other zones may 
be transited if the vessel notifies NMFS Office for Law Enforcement, 
Southeast Region, St. Petersburg, FL, by telephone (727-824-5344) in 
advance and does not fish in a zone in which it is not authorized to 
fish.
    (3) Small-vessel sub-zone. Within the southern zone, a small-vessel 
sub-zone is established bounded on the north by 24 deg.15' N. lat., on 
the south by 24 deg.07' N. lat., on the east by 81 deg.22' W. long., and 
on the west by 81 deg.56' W. long. No vessel with a documented length 
overall greater than 65 ft (19.8 m) may fish for golden crab in this 
sub-zone, and a vessel with a documented length overall of 65 ft (19.8 
m) or less that is permitted for the southern zone may fish for golden 
crab only in this sub-zone.
    (4) Procedure for changing zones. Upon request from an owner of a 
permitted vessel, the RA will change the zone specified on a permit from 
the middle or southern zone to the northern zone. No other changes in 
the zone specified on a permit are allowed. An owner of a permitted 
vessel who desires a change to the northern zone must submit his/her 
request with the existing permit to the RA.
    (c) Transferring permits between vessels--(1) Procedure for 
transferring. An owner of a vessel who desires a golden crab permit may 
request that NMFS transfer an existing permit or permits to his or her 
vessel by returning an existing permit or permits to the RA with an 
application for a permit for the replacement vessel.
    (2) Vessel size limitations on transferring. (i) To obtain a permit 
for the middle or southern zone via transfer, the documented length 
overall of the replacement vessel may not exceed the documented length 
overall, or aggregate documented lengths overall, of the replaced 
vessel(s) by more than 20 percent. The owner of a vessel permitted for 
the middle or southern zone who has requested that NMFS transfer that 
permit to a smaller vessel (i.e., downsized) may subsequently request 
NMFS transfer that permit to a vessel of a length calculated from the 
length of the permitted vessel immediately prior to downsizing.
    (ii) There are no vessel size limitations to obtain a permit for the 
northern zone via transfer.
    (d) Permit renewal. NMFS will not renew a commercial vessel permit 
for South Atlantic golden crab if the permit is revoked or if the RA 
does not receive a required application for renewal within 6 months 
after the permit's expiration. See Sec. 622.4(g) for the applicable 
general procedures and requirements for permit renewals.



Sec. 622.242  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators. (1) The owner or 
operator of a vessel for which a commercial permit for golden crab has 
been issued, as required under Sec. 622.240(a), who is selected to 
report by the SRD must maintain a fishing record on a form available 
from the SRD.
    (2) Reporting forms required in paragraph (a)(1) of this section 
must be submitted to the SRD postmarked not later than 30 days after 
sale of the golden crab offloaded from a trip. If no fishing occurred 
during a calendar month, a report so stating must be submitted on one of 
the forms postmarked not later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its accompanying 
instructions.
    (b) Dealers. A dealer who first receives South Atlantic golden crab 
must maintain records and submit information as specified in Sec. 
622.5(c).

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]



Sec. 622.243  Gear identification.

    (a) Golden crab traps and associated buoys--(1) Golden crab traps. A 
golden crab trap used or possessed in the

[[Page 368]]

South Atlantic EEZ or on board a vessel with a commercial permit for 
golden crab must have the commercial vessel permit number permanently 
affixed so as to be easily distinguished, located, and identified; an 
identification tag issued by the RA may be used for this purpose but is 
not required.
    (2) Associated buoys. In the South Atlantic EEZ, buoys are not 
required to be used, but, if used, each buoy must display the official 
number assigned by the RA so as to be easily distinguished, located, and 
identified.
    (3) Presumption of ownership. A golden crab trap in the EEZ will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply with respect to such traps that are lost or 
sold if the owner reports the loss or sale within 15 days to the RA.
    (4) Unmarked golden crab traps. An unmarked golden crab trap or a 
buoy deployed in the EEZ where such trap or buoy is required to be 
marked is illegal and may be disposed of in any appropriate manner by 
the Assistant Administrator or an authorized officer.
    (b) [Reserved]



Sec. 622.244  At-sea observer coverage.

    (a) Required coverage. A vessel for which a Federal commercial 
permit for golden crab has been issued must carry a NMFS-approved 
observer, if the vessel's trip is selected by the SRD for observer 
coverage.
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.245  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Female golden crabs. It is intended that no female golden crabs 
in or from the South Atlantic EEZ be retained on board a vessel and that 
any female golden crab in or from the South Atlantic EEZ be released in 
a manner that will ensure maximum probability of survival. However, to 
accommodate legitimate incidental catch and retention, the number of 
female golden crabs in or from the South Atlantic EEZ retained on board 
a vessel may not exceed 0.5 percent, by number, of all golden crabs on 
board. See Sec. 622.250(a) regarding the prohibition of sale of female 
golden crabs.
    (c) Snapper-grouper aboard a golden crab vessel. South Atlantic 
snapper-grouper may not be possessed in whole, gutted, or filleted form 
by a person aboard a vessel fishing for or possessing golden crab in or 
from the South Atlantic EEZ or possessing a golden crab trap in the 
South Atlantic. Only the head, fins, and backbone (collectively the 
``rack'') of South Atlantic snapper-grouper may be possessed for use as 
bait.



Sec. 622.246  Area closures.

    (a) Golden crab trap closed areas. In the golden crab northern zone, 
a golden

[[Page 369]]

crab trap may not be deployed in waters less than 900 ft (274 m) deep. 
In the golden crab middle and southern zones, a golden crab trap may not 
be deployed in waters less than 700 ft (213 m) deep. See Sec. 
622.241(b)(1) for specification of the golden crab zones.
    (b) [Reserved]



Sec. 622.247  Landing golden crab intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that golden crab on that vessel in the EEZ are maintained 
intact and, if taken from the EEZ, are maintained intact through 
offloading ashore.
    (a) A golden crab in or from the South Atlantic EEZ must be 
maintained in whole condition through landing ashore. For the purposes 
of this paragraph, whole means a crab that is in its natural condition 
and that has not been gutted or separated into component pieces, e.g., 
clusters.
    (b) [Reserved]



Sec. 622.248  Authorized gear.

    (a) Traps. Traps are the only fishing gear authorized in directed 
fishing for golden crab in the South Atlantic EEZ. Golden crab in or 
from the South Atlantic EEZ may not be retained on board a vessel 
possessing or using unauthorized gear.
    (b) Buoy line or mainline. Rope is the only material allowed to be 
used for a buoy line or mainline attached to a golden crab trap.



Sec. 622.249  Gear restrictions and requirements.

    (a) Maximum trap sizes. A golden crab trap deployed or possessed in 
the South Atlantic EEZ may not exceed 64 ft\3\ (1.8 m\3\) in volume in 
the northern zone or 48 ft\3\ (1.4 m\3\) in volume in the middle and 
southern zones. See Sec. 622.241(b)(1) for specification of the golden 
crab zones.
    (b) Required escape mechanisms for traps. (1) A golden crab trap 
that is used or possessed in the South Atlantic EEZ must have at least 
one escape gap or escape ring on each of two opposite vertical sides. 
The minimum allowable inside dimensions of an escape gap are 2.75 by 
3.75 inches (7.0 by 9.5 cm); the minimum allowable inside diameter of an 
escape ring is 4.5 inches (11.4 cm). In addition to the escape gaps--
    (i) A golden crab trap constructed of webbing must have an opening 
(slit) at least 1 ft (30.5 cm) long that may be closed (relaced) only 
with untreated cotton string no larger than \3/16\ inch (0.48 cm) in 
diameter.
    (ii) A golden crab trap constructed of material other than webbing 
must have an escape panel or door measuring at least 11\7/8\ by 11\7/8\ 
inches (30.2 by 30.2 cm), located on at least one side, excluding top 
and bottom. The hinges or fasteners of such door or panel must be made 
of either ungalvanized or uncoated iron wire no larger than 19 gauge 
(0.04 inch (1.0 mm) in diameter) or untreated cotton string no larger 
than \3/16\ inch (4.8 mm) in diameter.
    (2) [Reserved]
    (c) Restriction on tending traps. A golden crab trap in the South 
Atlantic EEZ may be pulled or tended only by a person (other than an 
authorized officer) aboard the vessel permitted to fish such pot or trap 
or aboard another vessel if such vessel has on board written consent of 
the owner or operator of the vessel so permitted. A vessel with written 
consent on board must also possess a valid commercial vessel permit for 
golden crab.



Sec. 622.250  Restrictions on sale/purchase.

    (a) A female golden crab in or from the South Atlantic EEZ may not 
be sold or purchased.
    (b) A golden crab harvested in the South Atlantic EEZ on board a 
vessel that does not have a valid commercial permit for golden crab, as 
required under Sec. 622.240(a), may not be sold or purchased.
    (c) A golden crab harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid commercial vessel permit for South 
Atlantic golden crab may be sold or transferred only to a dealer who has 
a valid Gulf and South Atlantic dealer permit, as required under Sec. 
622.240(b)(1).
    (d) A golden crab harvested in or from the EEZ may be first received 
by a dealer who has a valid Gulf and South Atlantic dealer permit, as 
required under Sec. 622.240(b)(1), only from a

[[Page 370]]

vessel that has a valid commercial vessel permit for golden crab.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]



Sec. 622.251  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    (a) Commercial sector. (1) If commercial landings for golden crab, 
as estimated by the SRD, reach or are projected to reach the ACL of 2 
million lb (907,185 kg), round weight, the AA will file a notification 
with the Office of the Federal Register to close the golden crab fishery 
for the remainder of the fishing year. On and after the effective date 
of such a notification, all harvest, possession, sale, or purchase of 
golden crab in or from the South Atlantic EEZ is prohibited.
    (2) If commercial landings for golden crab, as estimated by the SRD, 
exceed the ACL, and the species is overfished based on the most recent 
Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register to reduce the ACL 
in the following fishing year by the amount of the ACL overage in the 
prior fishing year.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 3746, Jan. 22, 2016]



Sec. 622.252  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Golden Crab Fishery of the South Atlantic Region, the RA may establish 
or modify the following:
    (a) South Atlantic golden crab. Biomass levels, age-structured 
analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip 
limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, time frame for recovery of golden crab if overfished, fishing 
year (adjustment not to exceed 2 months), observer requirements, 
authority for the RA to close the fishery when a quota is reached or is 
projected to be reached, definitions of essential fish habitat, and 
essential fish habitat HAPCs or Coral HAPCs.
    (b) [Reserved]



       Subpart M_Dolphin and Wahoo Fishery Off the Atlantic States



Sec. 622.270  Permits.

    (a) Commercial vessel permits. (1) For a person aboard a vessel to 
be eligible for exemption from the bag and possession limits for dolphin 
or wahoo in or from the Atlantic EEZ or to sell such dolphin or wahoo, a 
commercial vessel permit for Atlantic dolphin and wahoo must be issued 
to the vessel and must be on board, except as provided in paragraph 
(a)(2) of this section. (See paragraph (c)(1) of this section for the 
requirements for operator permits in the Atlantic dolphin and wahoo 
fishery).
    (2) The provisions of paragraph (a)(1) of this section 
notwithstanding, a fishing vessel, except a vessel operating as a 
charter vessel or headboat, that does not have a commercial vessel 
permit for Atlantic dolphin and wahoo but has a Federal commercial 
vessel permit in any other fishery, is exempt from the bag and 
possession limits for dolphin and wahoo and may sell dolphin and wahoo, 
subject to the trip and geographical limits specified in Sec. 
622.278(a)(2). (A charter vessel/headboat permit is not a commercial 
vessel permit.)
    (b) Charter vessel/headboat permits. (1) For a person aboard a 
vessel that is operating as a charter vessel or headboat to fish for or 
possess Atlantic dolphin or wahoo, in or from the Atlantic EEZ, a valid 
charter vessel/headboat permit for Atlantic dolphin and wahoo must have 
been issued to the vessel and must be on board. (See paragraph (c)(1) of 
this section for the requirements for operator permits in the dolphin 
and wahoo fishery.)
    (2) A charter vessel or headboat may have both a charter vessel/
headboat permit and a commercial vessel permit. However, when a vessel 
is operating as a charter vessel or headboat, a person aboard must 
adhere to the bag limits. See the definitions of ``Charter vessel'' and 
``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (c) Operator permits. (1) An operator of a vessel that has or is 
required to have

[[Page 371]]

a charter vessel/headboat or commercial permit for Atlantic dolphin and 
wahoo issued under this section is required to have an operator permit.
    (2) A person required to have an operator permit under paragraph 
(c)(1) of this section must carry on board such permit and one other 
form of personal identification that includes a picture (driver's 
license, passport, etc.).
    (3) An owner of a vessel that is required to have a permitted 
operator under paragraph (c)(1) of this section must ensure that at 
least one person with a valid operator permit is aboard while the vessel 
is at sea or offloading.
    (4) An owner of a vessel that is required to have a permitted 
operator under paragraph (c)(1) of this section and the operator of such 
vessel are responsible for ensuring that a person whose operator permit 
is suspended, revoked, or modified pursuant to subpart D of 15 CFR part 
904 is not aboard that vessel.
    (d) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Atlantic dolphin or wahoo harvested in or from the EEZ, a 
Gulf and South Atlantic dealer permit must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (e) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]



Sec. 622.271  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators--(1) Reporting 
requirement. The owner or operator of a vessel for which a commercial 
permit for Atlantic dolphin and wahoo has been issued, as required under 
Sec. 622.270(a)(1), or whose vessel fishes for or lands Atlantic 
dolphin or wahoo in or from state waters adjoining the Atlantic EEZ, who 
is selected to report by the SRD must maintain a fishing record on a 
form available from the SRD and must submit such record as specified in 
paragraph (a)(2) of this section.
    (2) Reporting deadlines. Completed fishing records required by 
paragraph (a)(1) of this section must be submitted to the SRD postmarked 
not later than 7 days after the end of each fishing trip. If no fishing 
occurred during a calendar month, a report so stating must be submitted 
on one of the forms postmarked not later than 7 days after the end of 
that month. Information to be reported is indicated on the form and its 
accompanying instructions.
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Atlantic 
dolphin and wahoo has been issued, as required under Sec. 
622.270(b)(1), or whose vessel fishes for or lands Atlantic dolphin or 
wahoo in or from state waters adjoining the Atlantic EEZ, who is 
selected to report by the SRD must maintain a fishing record for each 
trip, or a portion of such trips as specified by the SRD, on forms 
provided by the SRD and must submit such record as specified in 
paragraph (b)(2) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Atlantic dolphin and wahoo has been 
issued, as required under Sec. 622.270(b)(1), or whose vessel fishes 
for or lands Atlantic dolphin or wahoo in or from state waters adjoining 
the South Atlantic EEZ, who is selected to report by the SRD must submit 
an electronic fishing record for each trip of all fish harvested within 
the time period specified in paragraph (b)(2)(ii) of this section, via 
the Southeast Region Headboat Survey.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii)

[[Page 372]]

of this section for headboats must be submitted at weekly intervals (or 
intervals shorter than a week if notified by the SRD) by 11:59 p.m., 
local time, the Sunday following a reporting week. If no fishing 
activity occurred during a reporting week, an electronic report so 
stating must be submitted for that reporting week by 11:59 p.m., local 
time, the Sunday following a reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic fishing records required by paragraph 
(b)(1)(ii) of this section. The RA will determine when catastrophic 
conditions exist, the duration of the catastrophic conditions, and which 
participants or geographic areas are deemed affected by the catastrophic 
conditions. The RA will provide timely notice to affected participants 
via publication of notification in the Federal Register, NOAA weather 
radio, fishery bulletins, and other appropriate means and will authorize 
the affected participants' use of paper forms for the duration of the 
catastrophic conditions. The paper forms will be available from NMFS. 
During catastrophic conditions, the RA has the authority to waive or 
modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by paragraph 
(b)(1)(ii) of this section must be submitted and received by NMFS 
according to the reporting requirements under this section. A report not 
received within the time specified in paragraph (b)(2)(ii) of this 
section is delinquent. A delinquent report automatically results in the 
owner and operator of a headboat for which a charter vessel/headboat 
permit for Atlantic dolphin and wahoo has been issued being prohibited 
from harvesting or possessing such species, regardless of any additional 
notification to the delinquent owner and operator by NMFS. The owner and 
operator who are prohibited from harvesting or possessing such species 
due to delinquent reports are authorized to harvest or possess such 
species only after all required and delinquent reports have been 
submitted and received by NMFS according to the reporting requirements 
under this section.
    (c) Dealers. (1) A dealer who first receives Atlantic dolphin or 
wahoo must maintain records and submit information as specified in Sec. 
622.5(c).
    (2) Alternate SRD. For the purpose of Sec. 622.5(c), in the states 
from Maine through Virginia, or in the waters off those states, ``SRD'' 
means the Science and Research Director, Northeast Fisheries Science 
Center, NMFS, or a designee.
    (3) On demand, a dealer who has been issued a Gulf and South 
Atlantic dealer permit, as required under Sec. 622.270(d)(1), must make 
available to an authorized officer all records of offloadings, 
purchases, or sales of Atlantic dolphin or wahoo.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 
79 FR 19496, Apr. 9, 2014]



Sec. 622.272  Authorized gear.

    (a) Atlantic dolphin and wahoo--(1) Authorized gear. The following 
are the only authorized gear types in the fisheries for dolphin and 
wahoo in the Atlantic EEZ: Automatic reel, bandit gear, handline, 
pelagic longline, rod and reel, and spearfishing gear (including 
powerheads). A person aboard a vessel in the Atlantic EEZ that has on 
board gear types other than authorized gear types may not possess a 
dolphin or wahoo.
    (2) [Reserved]
    (b) [Reserved]



Sec. 622.273  Conservation measures for protected species.

    (a) Atlantic dolphin and wahoo pelagic longliners. The owner or 
operator of a vessel for which a commercial permit for Atlantic dolphin 
and wahoo has been issued, as required under Sec. 622.270(a)(1), and 
that has on board a pelagic longline must post inside the wheelhouse the 
sea turtle handling and release guidelines provided by NMFS. Such owner 
or operator must also comply with the sea turtle bycatch mitigation 
measures, including gear requirements and sea turtle handling 
requirements, as specified in Sec. 635.21(c)(5)(i) and (ii) of this 
chapter, respectively. For the purpose of this paragraph, a vessel is 
considered to have pelagic longline gear on board when a power-operated 
longline hauler, a mainline,

[[Page 373]]

floats capable of supporting the mainline, and leaders (gangions) with 
hooks are on board. Removal of any one of these elements constitutes 
removal of pelagic longline gear.
    (b) [Reserved]



Sec. 622.274  Pelagic longline closed areas.

    (a) If pelagic longline gear is on board a vessel, a person aboard 
such vessel may not fish for or retain a dolphin or wahoo--
    (1) In the Northeastern United States closed area from June 1 
through June 30 each year. The Northeastern United States closed area is 
that portion of the EEZ between 40 deg. N. lat. and 39 deg. N. lat. from 
68 deg. W. long. to 74 deg. W. long.
    (2) In the Charleston Bump closed area from February 1 through April 
30 each year. The Charleston Bump closed area is that portion of the EEZ 
off North Carolina, South Carolina, and Georgia between 34 deg. N. lat. 
and 31 deg. N. lat. and west of 76 deg. W. long.
    (3) In the East Florida Coast closed area year round. The East 
Florida Coast closed area is that portion of the EEZ off Georgia and the 
east coast of Florida from the inner boundary of the EEZ at 31 deg. N. 
lat.; thence due east to 78 deg. W. long.; thence by a rhumb line to 
28 deg.17' N. lat., 79 deg.12' W. long.; thence proceeding in a 
southerly direction along the outer boundary of the EEZ to 24 deg. N. 
lat.; thence due west to 24 deg. N. lat., 81 deg.47' W. long.; thence 
due north to the innermost boundary of the EEZ at 81 deg.47' W. long.
    (b) A vessel is considered to have pelagic longline gear on board 
when a power-operated longline hauler, a mainline, floats capable of 
supporting the mainline, and gangions with hooks are on board. Removal 
of any one of these elements constitutes removal of pelagic longline 
gear.
    (c) If a vessel is in a closed area during a time specified in 
paragraph (a) of this section with pelagic longline gear on board, it is 
a rebuttable presumption that fish on board such vessel were taken with 
pelagic longline gear in the closed area.



Sec. 622.275  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit, as 
specified in this section, in or from the Atlantic EEZ, may not be 
possessed, sold, or purchased. A fish not in compliance with its size 
limit must be released immediately with a minimum of harm. The operator 
of a vessel that fishes in the EEZ is responsible for ensuring that fish 
on board are in compliance with the size limits specified in this 
section.
    (a) Dolphin in the Atlantic off Florida, Georgia, and South 
Carolina--20 inches (50.8 cm), fork length.
    (b) [Reserved]



Sec. 622.276  Landing fish intact.

    (a) Dolphin or wahoo in or from the Atlantic EEZ must be maintained 
with head and fins intact, except as specified in paragraph (b) of this 
section. Such fish may be eviscerated, gilled, and scaled, but must 
otherwise be maintained in a whole condition. The operator of a vessel 
that fishes in the EEZ is responsible for ensuring that fish on that 
vessel in the EEZ are maintained intact and, if taken from the EEZ, are 
maintained intact through offloading ashore, as specified in this 
section.
    (b) In the Atlantic EEZ, dolphin or wahoo lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided that the skin remains intact on the 
entire fillet of any dolphin or wahoo carcasses, valid Bahamian fishing 
and cruising permits are on board the vessel, each person on the vessel 
has a valid government passport with current stamps and dates from The 
Bahamas, and the vessel is in transit through the Atlantic EEZ with 
fishing gear appropriately stowed. For the purpose of this paragraph, a 
vessel is in transit through the Atlantic EEZ when it is on a direct and 
continuous course through the Atlantic EEZ and no one aboard the vessel 
fishes in the EEZ. For the purpose of this paragraph, fishing gear 
appropriately stowed means that terminal gear (i.e., hook, leader, 
sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy 
gear, handline, or rod and reel must be disconnected and stowed 
separately from such fishing gear. Sinkers must be disconnected

[[Page 374]]

from the down rigger and stowed separately.

[80 FR 80689, Dec. 28, 2015]



Sec. 622.277  Bag and possession limits.

    Section 622.11(a) provides the general applicability for bag and 
possession limits.
    (a) Atlantic dolphin and wahoo. Bag and possession limits are as 
follows:
    (1) Dolphin. (i) In the Atlantic EEZ--10, not to exceed 60 per 
vessel, whichever is less, except on board a headboat, 10 per paying 
passenger.
    (ii) In the Atlantic EEZ and lawfully harvested in Bahamian waters 
(as per Sec. 622.276(b))--10, not to exceed 60 per vessel, whichever is 
less, except on board a headboat, 10 per paying passenger. For the 
purposes of this paragraph, for determining how many dolphin are on 
board a vessel in fillet form when harvested lawfully in Bahamian 
waters, two fillets of dolphin, regardless of the length of each fillet, 
is equivalent to one dolphin. The skin must remain intact on the entire 
fillet of any dolphin carcass.
    (2) Wahoo. (i) In the Atlantic EEZ--2.
    (ii) In the Atlantic EEZ and lawfully harvested in Bahamian waters 
(as per Sec. 622.276(b))--2. For the purposes of this paragraph, for 
determining how many wahoo are on board a vessel in fillet form when 
harvested lawfully in Bahamian waters, two fillets of wahoo, regardless 
of the length of each fillet, is equivalent to one wahoo. The skin must 
remain intact on the entire fillet of any wahoo carcass.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 80689, Dec. 28, 2015]



Sec. 622.278  Commercial trip limits.

    Commercial trip limits are limits on the amount of Atlantic dolphin 
and wahoo that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ. Commercial trip limits apply as follows (all 
weights are round or eviscerated weights unless specified otherwise):
    (a) Atlantic dolphin and wahoo. (1) The trip limit for wahoo in or 
from the Atlantic EEZ is 500 lb (227 kg). This trip limit applies to a 
vessel that has a Federal commercial permit for Atlantic dolphin and 
wahoo, provided that the vessel is not operating as a charter vessel or 
headboat.
    (2) The trip limit for a vessel that does not have a Federal 
commercial vessel permit for Atlantic dolphin and wahoo but has a 
Federal commercial vessel permit in any other fishery is 200 lb (91 kg) 
of dolphin and wahoo, combined, provided that all fishing on and 
landings from that trip are north of 39 deg. N. lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
    (b) [Reserved]



Sec. 622.279  Restrictions on sale/purchase.

    (a) Dolphin or wahoo harvested in or from the Atlantic EEZ or 
adjoining state waters by a vessel that has a valid commercial vessel 
permit for Atlantic dolphin and wahoo, as required under Sec. 
622.270(a)(1), or by a vessel authorized a 200-lb (91-kg) trip limit for 
dolphin or wahoo, as specified in Sec. 622.278(a)(2), may be sold or 
transferred only to a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec. 622.270(d)(1).
    (b) In addition to the provisions of paragraph (a)(1) of this 
section, a person may not sell dolphin or wahoo possessed under the 
recreational bag limit harvested in the Atlantic EEZ or adjoining state 
waters by a vessel while it is operating as a charter vessel or 
headboat. A dolphin or wahoo harvested or possessed by a vessel that is 
operating as a charter vessel or headboat with a Federal charter vessel/
headboat permit for Atlantic dolphin and wahoo may not be purchased or 
sold if harvested in or from the Atlantic EEZ or adjoining state waters.
    (c) Dolphin or wahoo harvested in or from the Atlantic EEZ may be 
first received only by a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec. 622.270(d)(1), and only from a 
vessel authorized to sell

[[Page 375]]

dolphin and wahoo under paragraph (a)(1) of this section.
    (d) Dolphin or wahoo possessed pursuant to the bag and possession 
limits specified in Sec. 622.277(a)(1)(ii) and (a)(2)(ii) may not be 
sold or purchased.

[79 FR 19496, Apr. 9, 2014, as amended at 80 FR 80689, Dec. 28, 2015]



Sec. 622.280  Annual catch limits (ACLs) and accountability measures
(AMs).

    (a) Atlantic dolphin--(1) Commercial sector. (i) If commercial 
landings for Atlantic dolphin, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 1,534,485 lb (696,031 kg), 
round weight, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for the remainder of the 
fishing year. On and after the effective date of such a notification, 
all sale or purchase of Atlantic dolphin is prohibited and harvest or 
possession of Atlantic dolphin in or from the Atlantic EEZ is limited to 
the bag and possession limits. These bag and possession limits apply in 
the Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for Atlantic dolphin and wahoo has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters.
    (ii) In addition to the measures specified in paragraph (a)(1)(i) of 
this section, if the combined Atlantic dolphin commercial and 
recreational landings exceed the combined commercial and recreational 
ACLs specified in paragraphs (a)(1)(i) and (a)(2)(i) of this section, 
and Atlantic dolphin are overfished, based on the most recent Status of 
U.S. Fisheries Report to Congress, the AA will file a notification with 
the Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the commercial ACL for that following 
year by the amount of the commercial overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for Atlantic 
dolphin, as estimated by the SRD, exceed the recreational ACL of 
13,810,361 lb (6,264,274 kg), round weight, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings.
    (ii) If the combined Atlantic dolphin commercial and recreational 
landings exceed the combined commercial and recreational ACLs specified 
in paragraphs (a)(1)(i) and (a)(2)(i) of this section, and Atlantic 
dolphin are overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the recreational ACL for that 
following year by the amount of the recreational overage in the prior 
fishing year, and reduce the recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the reduced ACL. 
However, the recreational ACL and the length of the recreational fishing 
season will not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduced recreational ACL and a reduction in the length of the following 
fishing season is unnecessary.
    (b) Atlantic wahoo--(1) Commercial sector. (i) If commercial 
landings for Atlantic wahoo, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 70,542 lb (31,997 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of Atlantic wahoo is prohibited and harvest or possession of 
Atlantic wahoo in or from the Atlantic EEZ is limited to the bag and 
possession limits. These bag and possession limits apply in the Atlantic 
on board a vessel for which a valid Federal commercial or charter 
vessel/headboat permit for Atlantic dolphin and wahoo has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters.
    (ii) In addition to the measures specified in paragraph (b)(1)(i) of 
this section, if the combined Atlantic wahoo commercial and recreational 
landings exceed the combined commercial and recreational ACLs specified 
in paragraphs (b)(1)(i) and (b)(2)(i) of this section, and Atlantic 
wahoo are overfished, based on the most recent Status

[[Page 376]]

of U.S. Fisheries Report to Congress, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the commercial ACL for that following 
year by the amount of the commercial overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for Atlantic 
wahoo, as estimated by the SRD, exceed the recreational ACL of 1,724,418 
lb (782,183 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings.
    (ii) If the combined Atlantic wahoo commercial and recreational 
landings exceed the combined commercial and recreational ACLs specified 
in paragraphs (b)(1)(i) and (b)(2)(i) of this section, and Atlantic 
wahoo are overfished, based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to reduce the recreational ACL for that following year by the 
amount necessary to ensure recreational landings do not exceed the 
reduced ACL. However, the recreational ACL and the length of the 
recreational fishing season will not be reduced during the following 
year if the RA determines, using the best scientific information 
available, that a reduced recreational ACL and a reduction in the length 
of the following fishing season is unnecessary.

[79 FR 32879, June 9, 2014, as amended at 81 FR 3746, Jan. 22, 2016]



Sec. 622.281  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Dolphin and Wahoo Fishery off the Atlantic States, the RA may establish 
or modify the following items specified in paragraph (a) of this section 
for Atlantic dolphin and wahoo.
    (a) Atlantic dolphin and wahoo. Biomass levels, age-structured 
analyses, MSY, OY, OFL, TAC, ABC, ABC Control Rule, ACLs, ACTs, AMs, 
trip limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, overfishing definitions and other status determination 
criteria, time frame for recovery of Atlantic dolphin or wahoo if 
overfished, fishing year (adjustment not to exceed 2 months), authority 
for the RA to close a fishery when a quota is reached or is projected to 
be reached or reopen a fishery when additional quota becomes available, 
definitions of essential fish habitat, and essential fish habitat HAPCs 
or Coral HAPCs.
    (b) [Reserved]

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 32880, June 9, 2014]



    Subpart N_Pelagic Sargassum Habitat of the South Atlantic Region



Sec. 622.300  At-sea observer coverage.

    (a) Required coverage. (1) A vessel that harvests or possesses 
pelagic sargassum on any trip in the South Atlantic EEZ must carry a 
NMFS-approved observer.
    (2) [Reserved]
    (b) Notification to the SRD. When observer coverage is required, an 
owner or operator must advise the SRD in writing not less than 5 days in 
advance of each trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) Observer accommodations and access. An owner or operator of a 
vessel on which a NMFS-approved observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.

[[Page 377]]

    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.



Sec. 622.301  Area and seasonal restrictions.

    (a) Pelagic sargassum area and seasonal restrictions--(1) Area 
restrictions. (i) No person may harvest pelagic sargassum in the South 
Atlantic EEZ between 36 deg.33'01.0` N. lat. (directly east from the 
Virginia/North Carolina boundary) and 34 deg. N. lat., within 100 
nautical miles east of the North Carolina coast.
    (ii) No person may harvest or possess pelagic sargassum in or from 
the South Atlantic EEZ south of 34 deg. N. lat.
    (2) Seasonal restriction. No person may harvest or possess pelagic 
sargassum in or from the South Atlantic EEZ during the months of July 
through October. This prohibition on possession does not apply to 
pelagic sargassum that was harvested and landed ashore prior to the 
closed period.
    (b) [Reserved]



Sec. 622.302  Minimum mesh size.

    (a) The minimum allowable mesh size for a net used to fish for 
pelagic sargassum in the South Atlantic EEZ is 4.0 inches (10.2 cm), 
stretched mesh, and such net must be attached to a frame no larger than 
4 ft by 6 ft (1.2 m by 1.8 m). A vessel in the South Atlantic EEZ with a 
net on board that does not meet these requirements may not possess any 
pelagic sargassum.
    (b) [Reserved]



Sec. 622.303  Quotas.

    See Sec. 622.8 for general provisions regarding quota applicability 
and closure and reopening procedures. This section provides quotas and 
specific quota closure restrictions for South Atlantic pelagic 
sargassum.
    (a) Quota. The quota for all persons who harvest pelagic sargassum 
in the South Atlantic EEZ is 5,000 lb (2,268 kg), wet, landed weight. 
See Sec. 622.301(a) for area and seasonal limitations on the harvest of 
pelagic sargassum.
    (b) Restrictions applicable after a quota closure. Pelagic sargassum 
may not be fished for or possessed in the South Atlantic EEZ and the 
sale or purchase of pelagic sargassum in or from the South Atlantic EEZ 
is prohibited. The prohibition on sale/purchase during a closure for 
pelagic sargassum does not apply to pelagic sargassum that was harvested 
and landed ashore prior to the effective date of the closure.

Subparts O-P [Reserved]



Subpart Q_Coastal Migratory Pelagic Resources (Gulf of Mexico and South 
                                Atlantic)



Sec. 622.369  Description of zones and subzones.

    (a) Migratory groups of king mackerel. In the EEZ, king mackerel are 
divided into the Gulf migratory group and the Atlantic migratory group. 
The Gulf migratory group is bound by a line extending east of the U.S./
Mexico border and the summer/winter jurisdictional boundary. The 
Atlantic migratory group is bound by the summer/winter jurisdictional 
boundary and a line from the intersection point of Connecticut, Rhode 
Island, and New York (as described in Sec. 600.105(a) of this chapter). 
From April 1 through October 31, the summer jurisdictional boundary 
separates the Gulf and Atlantic migratory groups of king mackerel by a 
line extending due west from the Monroe/Collier County, FL, boundary. 
From November 1 through March 31, the winter jurisdictional boundary 
separates the Gulf and Atlantic migratory groups of king mackerel by a 
line extending due east from the Volusia/Flagler County, FL, boundary. 
See Table 1 of this section for the boundary coordinates. See Figures 1 
and 2 in Appendix G of this part for illustration.
    (1) Gulf migratory group. The Gulf migratory group is divided into 
western and eastern zones separated by a line extending due south from 
the Alabama/Florida border. See Table 1 of this section for the boundary 
coordinates. See Figures 1 and 2 in Appendix G of this part for 
illustration.
    (i) Western zone. The western zone encompasses an area of the EEZ 
north of a line extending east of the US/Mexico border, and west of a 
line extending

[[Page 378]]

due south of the Alabama/Florida border, including the EEZ off Texas, 
Louisiana, Mississippi, and Alabama. This zone remains the same year 
round.
    (ii) Eastern zone. The eastern zone is divided into the Florida west 
coast subzone and the Florida east coast subzone.
    (A) Florida west coast subzone. The Florida west coast subzone is 
further divided into the northern and southern subzones by a line 
extending due west from the Lee/Collier County, FL, boundary.
    (1) Northern subzone. The northern subzone encompasses an area of 
the EEZ east of a line extending due south of the Florida/Alabama 
border, and north of a line extending due west of the Lee/Collier 
County, FL, boundary, and remains the same area year round.
    (2) Southern subzone. From November 1 through March 31, the southern 
subzone encompasses an area of the EEZ south of a line extending due 
west of the Lee/Collier County, FL, boundary on the Florida west coast, 
and south of a line extending due east of the Monroe/Miami-Dade County, 
FL, boundary on the Florida east coast, which includes the EEZ off 
Collier and Monroe Counties, FL. From April 1 through October 31, the 
southern subzone is reduced to the EEZ off Collier County, and the EEZ 
off Monroe County becomes part of the Atlantic migratory group area.
    (B) Florida east coast subzone. From November 1 through March 31, 
the Florida east coast subzone encompasses an area of the EEZ south of a 
line extending due east of the Flagler/Volusia County, FL, boundary, and 
north of a line extending due east of the Miami-Dade/Monroe County, FL, 
boundary. From April 1 through October 31, the Florida east coast 
subzone is not part of the Gulf migratory group king mackerel area; it 
is part of the Atlantic migratory group king mackerel area.
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into the northern and southern zones separated by a line 
extending from the North Carolina/South Carolina border, as specified in 
Sec. 622.2. See Table 1 of this section for the boundary coordinates. 
See Figures 1 and 2 in Appendix G of this part for illustration. See 
Sec. 622.385(a)(1) for a description of the areas for Atlantic 
migratory group king mackerel commercial trip limits.
    (i) Northern zone. The northern zone encompasses an area of the EEZ 
south of a line extending from the intersection point of New York, 
Connecticut, and Rhode Island (as described in Sec. 600.105(a) of this 
chapter), and north of a line extending from the North Carolina/South 
Carolina border, as specified in Sec. 622.2, including the EEZ off each 
state from North Carolina to New York. This zone remains the same year 
round.
    (ii) Southern zone. From April 1 through October 31, the southern 
zone encompasses an area of the EEZ south of a line extending from the 
North Carolina/South Carolina border, as specified in Sec. 622.2, and 
south of a line extending due west of the Lee/Collier County, FL, 
boundary. From November 1 through March 31, the southern zone 
encompasses an area of the EEZ south of a line extending from the North 
Carolina/South Carolina border, as specified in Sec. 622.2, and north 
of a line extending due east of the Flagler/Volusia County, FL, 
boundary.

                          Table 1 to Sec. 622.369--King Mackerel Description of Zones
                       [For illustration, see Figures 1 and 2 in Appendix G of this part]
----------------------------------------------------------------------------------------------------------------
                                                                                   Boundary 2
                 Area                         Boundary 1       -------------------------------------------------
                                                                         Summer                   Winter
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Western Zone...  US/Mexico, A line east              AL/FL: 87 deg.31'6` W long.
                                        of the intersection of
                                        25 deg.58'30.57` N
                                        lat. and 96
                                        deg.55'27.37` W long.
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Eastern Zone:    AL/FL, 87 deg.31'6` W            Lee/Collier: 26 deg.19'48` N lat.
 Florida West Coast Northern Subzone.   long.
----------------------------------------------------------------------------------------------------------------

[[Page 379]]

 
Gulf Migratory Group--Eastern Zone:    Lee/Collier, 26          Collier/Monroe: 25       Monroe/Miami-Dade: 25
 Florida West Coast Southern Subzone.   deg.19'48` N lat.        deg.48` N lat.           deg.20'24` N lat.
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Eastern Zone:    Monroe/Miami-Dade, 25    NA.....................  Volusia/Flagler: 29
 Florida East Coast Subzone.            deg.20'24` N lat..                                deg.25` N lat.
----------------------------------------------------------------------------------------------------------------
Atlantic Migratory Group--Northern     NY/CT/RI, 41               NC/SC, a line extending in a direction of 135
 Zone.                                  deg.18'16.249` N lat.       deg.34'55` from true north beginning at 33
                                        and 71 deg.54'28.477`    deg.51'07.9` N lat. and 78 deg.32'32.6` W long.
                                        W long. southeast to        to the intersection point with the outward
                                        37 deg.22'32.75` N                     boundary of the EEZ.
                                        lat. and the
                                        intersection point
                                        with the outward
                                        boundary of the EEZ.
----------------------------------------------------------------------------------------------------------------
Atlantic Migratory Group--Southern     NC/SC, a line extending  Collier/Monroe: 25       Volusia/Flagler: 29
 Zone.                                  in a direction of 135    deg.48` N lat.           deg.25` N lat.
                                        deg.34'55` from true
                                        north beginning at 33
                                        deg.51'07.9` N lat.
                                        and 78 deg.32'32.6` W
                                        long. to the
                                        intersection point
                                        with the outward
                                        boundary of the EEZ.
----------------------------------------------------------------------------------------------------------------

    (b) Migratory groups of Spanish mackerel--(1) Gulf migratory group. 
In the EEZ, the Gulf migratory group is bounded by a line extending east 
of the US/Mexico border and a line extending due east of the Monroe/
Miami-Dade County, FL, boundary. See Table 2 of this section for the 
boundary coordinates. See Figure 3 in Appendix G of this part for 
illustration.
    (2) Atlantic migratory group. In the EEZ, the Atlantic migratory 
group is bounded by a line extending due east of the Monroe/Miami-Dade 
County, FL, boundary and a line extending from the intersection point of 
New York, Connecticut, and Rhode Island (as described in Sec. 
600.105(a) of this chapter). The Atlantic migratory group is divided 
into the northern and southern zones. See Table 2 of this section for 
the boundary coordinates. See Figure 3 in Appendix G of this part for 
illustration. See Sec. 622.385(b)(1) for a description of the areas for 
Atlantic migratory group Spanish mackerel commercial trip limits.
    (i) Northern zone. The northern zone encompasses an area of the EEZ 
south of a line extending from the intersection point of New York, 
Connecticut, and Rhode Island (as described in Sec. 600.105(a) of this 
chapter), and north of a line extending from the North Carolina/South 
Carolina border, as specified in Sec. 622.2, including the EEZ off each 
state from North Carolina to New York.
    (ii) Southern zone. The southern zone encompasses an area of the EEZ 
south of a line extending from the North Carolina/South Carolina border, 
as specified in Sec. 622.2, and north of a line extending due east of 
the Monroe/Miami-Dade County, FL, boundary, including the EEZ off South 
Carolina, Georgia, and Florida.

    Table 2 to Sec. 622.369--Spanish Mackerel Description of Zones
       [For illustration, see Figure 3 in Appendix G of this part]
------------------------------------------------------------------------
              Area                    Boundary 1          Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group............  US/Mexico, A line   Monroe/Miami-Dade,
                                   east of the         25 deg.20'24`N
                                   intersection of     lat.
                                   25 deg.58'30.57`
                                   N lat. and 96
                                   deg.55'27.37` W
                                   long.
Atlantic Migratory Group--        NY/CT/RI, 41        NC/SC, a line
 Northern Zone.                    deg.18'16.249` N    extending in a
                                   lat. and 71         direction of 135
                                   deg.54'28.477` W    deg.34'55` from
                                   long. southeast     true north
                                   to 37               beginning at 33
                                   deg.22'32.75` N     deg.51'07.9` N
                                   lat. and the        lat. and 78
                                   intersection        deg.32'32.6` W
                                   point with the      long. to the
                                   outward boundary    intersection
                                   of the EEZ.         point with the
                                                       outward boundary
                                                       of the EEZ.

[[Page 380]]

 
Atlantic Migratory Group--        NC/SC, a line       Monroe/Miami-Dade,
 Southern Zone.                    extending in a      25 deg.20'24`N
                                   direction of 135    lat.
                                   deg.34'55` from
                                   true north
                                   beginning at 33
                                   deg.51'07.9` N
                                   lat. and 78
                                   deg.32'32.6` W
                                   long. to the
                                   intersection
                                   point with the
                                   outward boundary
                                   of the EEZ.
------------------------------------------------------------------------

    (c) Migratory groups of cobia--(1) Gulf migratory group. In the EEZ, 
the Gulf migratory group is bounded by a line extending east from the 
U.S./Mexico border and a line extending due east from the Florida/
Georgia border. See Table 3 of this section for the boundary 
coordinates. (See Figure 4 in Appendix G of this part for illustration.)
    (i) Gulf zone. The Gulf zone encompasses an area of the EEZ north of 
a line extending east of the U.S./Mexico border, and north and west of 
the line of demarcation between the Atlantic Ocean and the Gulf of 
Mexico (the Council boundary, as described in Sec. 600.105(c) of this 
chapter).
    (ii) Florida east coast zone. The Florida east coast zone 
encompasses an area of the EEZ south and east of the line of demarcation 
between the Atlantic Ocean and the Gulf of Mexico (as described in Sec. 
600.105(c) of this chapter), and south of a line extending due east from 
the Florida/Georgia border.
    (2) Atlantic migratory group. In the EEZ, the Atlantic migratory 
group is bounded by a line extending from the intersection point of New 
York, Connecticut, and Rhode Island (as described in Sec. 600.105(a) of 
this chapter) and a line extending due east of the Florida/Georgia 
border. See Table 3 of this section for the boundary coordinates.

          Table 3 to Sec. 622.369--Cobia Description of Zones
       [For illustration, see Figure 4 in Appendix G of this part]
------------------------------------------------------------------------
              Area                    Boundary 1          Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group--Gulf Zone.  US/Mexico, A line   Council Boundary--
                                   east of the         the intersection
                                   intersection of     of the outer
                                   25 deg.58'30.57`    boundary of the
                                   N lat. and 96       EEZ and 83
                                   deg.55'27.37` W     deg.00' W long.,
                                   long.               north to 24
                                                       deg.35' N lat.,
                                                       (near the Dry
                                                       Tortugas
                                                       Islands), then
                                                       east to the
                                                       mainland.
Gulf Migratory Group--Florida     Council Boundary--  FL/GA, 30
 East Coast Zone.                  the intersection    deg.42'45.6` N
                                   of the outer        lat.
                                   boundary of the
                                   EEZ and 83
                                   deg.00' W long.,
                                   north to 24
                                   deg.35' N lat.,
                                   (near the Dry
                                   Tortugas
                                   Islands), then
                                   east to the
                                   mainland.
Atlantic Migratory Group........  NY/CT/RI, 41        FL/GA, 30
                                   deg.18'16.249` N    deg.42'45.6` N
                                   lat. and 71         lat.
                                   deg.54'28.477` W
                                   long. southeast
                                   to 37
                                   deg.22'32.75` N
                                   lat. and the
                                   intersection
                                   point with the
                                   outward boundary
                                   of the EEZ.
------------------------------------------------------------------------


[80 FR 4218, Jan. 27, 2015]



Sec. 622.370  Permits.

    (a) Commercial vessel permits--(1) King mackerel. For a person 
aboard a vessel to be eligible for exemption from the bag limits, to 
fish under a quota, or to sell king mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, a commercial vessel permit for king 
mackerel must have been issued to the vessel and must be on board. See 
Sec. 622.371 regarding a limited access system applicable to commercial 
vessel permits for king mackerel and transfers of permits under the 
limited access system.
    (2) Gillnets for king mackerel in the southern Florida west coast 
subzone. For a person aboard a vessel to use a run-around gillnet for 
king mackerel in the southern Florida west coast subzone

[[Page 381]]

(see Sec. 622.384(b)(1)(i)(C)), a commercial vessel permit for king 
mackerel and a king mackerel gillnet permit must have been issued to the 
vessel and must be on board. See Sec. 622.372 regarding a limited 
access system applicable to king mackerel gillnet permits in the 
southern Florida west coast subzone and restrictions on transferability 
of king mackerel gillnet permits.
    (3) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits, to fish under a quota, or to sell 
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic 
EEZ, a commercial vessel permit for Spanish mackerel must have been 
issued to the vessel and must be on board.
    (b) Charter vessel/headboat permits. (1) For a person aboard a 
vessel that is operating as a charter vessel or headboat to fish for or 
possess, in or from the EEZ, Gulf coastal migratory pelagic fish or 
South Atlantic coastal migratory pelagic fish, a valid charter vessel/
headboat permit for Gulf coastal migratory pelagic fish or South 
Atlantic coastal migratory pelagic fish, respectively, must have been 
issued to the vessel and must be on board.
    (i) See Sec. 622.373 regarding a limited access system for charter 
vessel/headboat permits for Gulf coastal migratory pelagic fish.
    (ii) A charter vessel or headboat may have both a charter vessel/
headboat permit and a commercial vessel permit. However, when a vessel 
is operating as a charter vessel or headboat, a person aboard must 
adhere to the bag limits. See the definitions of ``Charter vessel'' and 
``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (2) [Reserved]
    (c) Dealer permits and conditions--(1) Permits. For a dealer to 
first receive Gulf or South Atlantic coastal migratory pelagic fish 
harvested in or from the EEZ, a Gulf and South Atlantic dealer permit 
must be issued to the dealer.
    (2) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (d) Permit procedures. See Sec. 622.4 for information regarding 
general permit procedures including, but not limited to application, 
fees, duration, transfer, renewal, display, sanctions and denials, and 
replacement.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014; 79 
FR 34250, June 16, 2014]



Sec. 622.371  Limited access system for commercial vessel permits
for king mackerel.

    (a) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraph (b) 
of this section, and are subject to the requirement for timely renewal 
in paragraph (c) of this section.
    (b) An owner of a permitted vessel may transfer the commercial 
vessel permit for king mackerel issued under this limited access system 
to another vessel owned by the same entity.
    (c) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RA does not receive an 
application for renewal within one year of the permit's expiration date.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 34250, June 16, 2014; 
80 FR 78674, Dec. 17, 2015]



Sec. 622.372  Limited access system for king mackerel gillnet permits
applicable in the southern Florida west coast subzone.

    (a) Except for applications for renewals of king mackerel gillnet 
permits, no applications for king mackerel gillnet permits will be 
accepted. Application forms for permit renewal are available from the 
RA.
    (b) An owner of a vessel with a king mackerel gillnet permit issued 
under this limited access system may transfer that permit upon a change 
of ownership of a permitted vessel with such permit from one to another 
of the following: Husband, wife, son, daughter, brother, sister, mother, 
or father. Such

[[Page 382]]

permit also may be transferred to another vessel owned by the same 
entity.
    (c) A king mackerel gillnet permit that is not renewed or that is 
revoked will not be reissued. A permit is considered to be not renewed 
when an application for renewal is not received by the RA within one 
year after the expiration date of the permit.
    (d) Renewal criteria for a king mackerel gillnet permit. A king 
mackerel gillnet permit may be renewed only if NMFS determines at least 
1 year of landings from 2006 to 2015 associated with that permit was 
greater than 1 lb (0.45 kg), round or gutted weight.
    (1) Initial determination. On or about December 24, 2015, the RA 
will mail each king mackerel gillnet permittee a letter via certified 
mail, return receipt requested, to the permittee's address of record as 
listed in NMFS' permit files, advising the permittee whether the permit 
is eligible for renewal. A permittee who does not receive a letter from 
the RA, must contact the RA no later than December 31, 2015, to clarify 
the renewal status of the permit. A permittee who is advised that the 
permit is not renewable based on the RA's determination of eligibility 
and who disagrees with that determination may appeal that determination.
    (2) Procedure for appealing landings information. The only item 
subject to appeal is the landings used to determine whether the permit 
is eligible for renewal. Appeals based on hardship factors will not be 
considered. Any appeal under this regulation will be processed by the 
NMFS National Appeals Office. Appeals will be governed by the 
regulations and policy of the National Appeals Office at 15 CFR part 
906. Appeals must be submitted to the National Appeals Office no later 
than 90 days after the date the initial determination in issued. 
Determinations of appeals regarding landings data for 2006 to 2015 will 
be based on NMFS' logbook records, submitted on or before February 16, 
2016. If NMFS' logbooks are not available, state landings records or 
data for 2006 to 2015 that were submitted in compliance with applicable 
Federal and state regulations on or before February 16, 2016, may be 
used.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 78674, Dec. 17, 2015; 
80 FR 80686, Dec. 28, 2015]



Sec. 622.373  Limited access system for charter vessel/headboat 
permits for Gulf coastal migratory pelagic fish.

    (a) No applications for additional charter vessel/headboat permits 
for Gulf coastal migratory pelagic fish will be accepted. Existing 
permits may be renewed, are subject to the restrictions on transfer in 
paragraph (b) of this section, and are subject to the renewal 
requirements in paragraph (c) of this section.
    (b) Transfer of permits--(1) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish that does not have a historical captain endorsement is 
fully transferable, with or without sale of the permitted vessel.
    (2) Permits with a historical captain endorsement. A charter vessel/
headboat permit for Gulf coastal migratory pelagic fish that has a 
historical captain endorsement may only be transferred to a vessel 
operated by the historical captain and is not otherwise transferable.
    (3) Procedure for permit transfer. To request that the RA transfer a 
charter vessel/headboat permit for Gulf coastal migratory pelagic fish, 
the owner of the vessel who is transferring the permit and the owner of 
the vessel that is to receive the transferred permit must complete the 
transfer information on the reverse side of the permit and return the 
permit and a completed application for transfer to the RA. See Sec. 
622.4(f) for additional transfer-related requirements applicable to all 
permits issued under this section.
    (c) Renewal. (1) Renewal of a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish is contingent upon the permitted 
vessel and/or captain, as appropriate, being included in an active 
survey frame for, and, if selected to report, providing the information 
required in one of the approved fishing data surveys. Surveys include, 
but are not limited to--
    (i) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey

[[Page 383]]

(conducted by the Gulf States Marine Fisheries Commission);
    (ii) NMFS' Southeast Headboat Survey (as required by Sec. 
622.26(b)(1));
    (iii) Texas Parks and Wildlife Marine Recreational Fishing Survey; 
or
    (iv) A data collection system that replaces one or more of the 
surveys in paragraphs (c)(1)(i), (ii), or (iii) of this section.
    (2) A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish that is not renewed or that is revoked will not be 
reissued. A permit is considered to be not renewed when an application 
for renewal, as required, is not received by the RA within 1 year of the 
expiration date of the permit.
    (d) Requirement to display a vessel decal. Upon renewal or transfer 
of a charter vessel/headboat permit for Gulf coastal migratory pelagic 
fish, the RA will issue the owner of the permitted vessel a vessel decal 
for that fishery. The vessel decal must be displayed on the port side of 
the deckhouse or hull and must be maintained so that it is clearly 
visible.
    (e) Passenger capacity compliance requirement. A vessel operating as 
a charter vessel or headboat with a valid charter vessel/headboat permit 
for Gulf coastal migratory pelagic fish, which is carrying more 
passengers on board the vessel than is specified on the permit, is 
prohibited from harvesting or possessing the species identified on the 
permit.

[78 FR 22952, Apr. 17, 2013, as amended 78 FR 46293, July 31, 2013]



Sec. 622.374  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators. The owner or operator of 
a vessel that fishes for or lands coastal migratory pelagic fish for 
sale in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or 
adjoining state waters, or whose vessel is issued a commercial permit 
for king or Spanish mackerel, as required under Sec. 622.370(a)(1) or 
(3), respectively, who is selected to report by the SRD, must maintain a 
fishing record on a form available from the SRD. These completed fishing 
records must be submitted to the SRD postmarked not later than 7 days 
after the end of each fishing trip. If no fishing occurred during a 
calendar month, a report so stating must be submitted on one of the 
forms postmarked not later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its accompanying 
instructions.
    (b) Charter vessel/headboat owners and operators--(1) General 
reporting requirement--(i) Charter vessels. The owner or operator of a 
charter vessel for which a charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish has been issued, as required under Sec. 
622.370(b)(1), or whose vessel fishes for or lands Gulf or South 
Atlantic coastal migratory fish in or from state waters adjoining the 
Gulf or South Atlantic EEZ, who is selected to report by the SRD must 
maintain a fishing record for each trip, or a portion of such trips as 
specified by the SRD, on forms provided by the SRD and must submit such 
record as specified in paragraph (b)(2)(i) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Gulf coastal migratory fish or South 
Atlantic coastal migratory pelagic fish has been issued, as required 
under Sec. 622.370(b)(1), or whose vessel fishes for or lands Gulf or 
South Atlantic coastal migratory pelagic fish in or from state waters 
adjoining the Gulf or South Atlantic EEZ, who is selected to report by 
the SRD must submit an electronic fishing record for each trip of all 
fish harvested within the time period specified in paragraph (b)(2)(ii) 
of this section, via the Southeast Region Headboat Survey.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1)(i) of this section for charter 
vessels must be submitted to the SRD weekly, postmarked no later than 7 
days after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Headboats. Electronic fishing records required by paragraph 
(b)(1)(ii) of this section for headboats must be submitted at weekly 
intervals (or intervals shorter than a week if notified by the SRD) by 
11:59 p.m., local time, the Sunday following a reporting week. If no 
fishing activity occurred during a

[[Page 384]]

reporting week, an electronic report so stating must be submitted for 
that reporting week by 11:59 p.m., local time, the Sunday following a 
reporting week.
    (3) Catastrophic conditions. During catastrophic conditions only, 
NMFS provides for use of paper forms for basic required functions as a 
backup to the electronic reports required by paragraph (b)(1)(ii) of 
this section. The RA will determine when catastrophic conditions exist, 
the duration of the catastrophic conditions, and which participants or 
geographic areas are deemed affected by the catastrophic conditions. The 
RA will provide timely notice to affected participants via publication 
of notification in the Federal Register, NOAA weather radio, fishery 
bulletins, and other appropriate means and will authorize the affected 
participants' use of paper-based components for the duration of the 
catastrophic conditions. The paper forms will be available from NMFS. 
During catastrophic conditions, the RA has the authority to waive or 
modify reporting time requirements.
    (4) Compliance requirement. Electronic reports required by paragraph 
(b)(1)(ii) of this section must be submitted and received by NMFS 
according to the reporting requirements under this section. A report not 
received within the time specified in paragraph (b)(2)(ii) is 
delinquent. A delinquent report automatically results in the owner and 
operator of a headboat for which a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish has been issued being prohibited 
from harvesting or possessing such species, regardless of any additional 
notification to the delinquent owner and operator by NMFS. The owner and 
operator who are prohibited from harvesting or possessing such species 
due to delinquent reports are authorized to harvest or possess such 
species only after all required and delinquent reports have been 
submitted and received by NMFS according to the reporting requirements 
under this section.
    (c) Dealers. (1) A dealer who first receives Gulf or South Atlantic 
coastal migratory pelagic fish must maintain records and submit 
information as specified in Sec. 622.5(c).
    (2) Alternate SRD. For the purpose of Sec. 622.5(c), in the states 
from New York through Virginia, or in the waters off those states, 
``SRD'' means the Science and Research Director, Northeast Fisheries 
Science Center, NMFS, or a designee.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 6100, Feb. 3, 2014; 79 
FR 19496, Apr. 9, 2014]



Sec. 622.375  Authorized and unauthorized gear.

    (a) Authorized gear--(1) King and Spanish mackerel. Subject to the 
prohibitions on gear/methods specified in Sec. 622.9, the following are 
the only fishing gears that may be used in the Gulf, Mid-Atlantic, and 
South Atlantic EEZ in directed fisheries for king and Spanish mackerel:
    (i) King mackerel, Atlantic migratory group--(A) North of 
34 deg.37.3' N. lat., the latitude of Cape Lookout Light, NC--all gear 
except drift gillnet and long gillnet.
    (B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear, 
handline, and rod and reel.
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and, in 
the southern Florida west coast subzone only, run-around gillnet. (See 
Sec. 622.369(a)(1)(ii)(A)(2) for a description of the Florida west 
coast southern subzone.)
    (iii) Spanish mackerel, Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, cast net, run-around gillnet, and 
stab net.
    (iv) Spanish mackerel, Gulf migratory group--all gear except drift 
gillnet, long gillnet, and purse seine.
    (2) Cobia. Subject to the prohibitions on gear/methods specified in 
Sec. 622.9, the following are the only fishing gears that may be used 
in the Gulf, Mid-Atlantic, and South Atlantic EEZ for cobia.
    (i) Cobia in the Mid-Atlantic and South Atlantic EEZ--automatic 
reel, bandit gear, handline, rod and reel, pelagic longline, and spear 
(including powerheads).
    (ii) Cobia in the Gulf EEZ--all gear except drift gillnet and long 
gillnet.
    (b) Unauthorized gear. Gear types other than those specified in 
paragraph (a) of this section are unauthorized

[[Page 385]]

gear and the following possession limitations apply:
    (1) Long gillnets. A vessel with a long gillnet on board in, or that 
has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic EEZ 
may not have on board on that trip a coastal migratory pelagic fish.
    (2) Drift gillnets. A vessel with a drift gillnet on board in, or 
that has fished on a trip in, the Gulf EEZ may not have on board on that 
trip a coastal migratory pelagic fish.
    (3) Other unauthorized gear. Except as specified in paragraph (b)(4) 
of this section, a person aboard a vessel with unauthorized gear other 
than a drift gillnet in the Gulf EEZ or a long gillnet on board in, or 
that has fished in, the EEZ where such gear is not authorized in 
paragraph (a) of this section, is subject to the bag limits for king and 
Spanish mackerel specified in Sec. 622.382(a)(1)(ii) and (iv), 
respectively, and to the limit on cobia specified in Sec. 622.383(b).
    (4) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (b)(4) apply to king mackerel taken in the Gulf EEZ and 
to such king mackerel possessed in the Gulf. Paragraph (b)(3) of this 
section notwithstanding, a person aboard a vessel that has a valid 
commercial permit for king mackerel is not subject to the bag limit for 
king mackerel when the vessel has on board on a trip unauthorized gear 
other than a drift gillnet in the Gulf EEZ, a long gillnet, or a run-
around gillnet in an area other than the southern Florida west coast 
subzone. Thus, the following applies to a vessel that has a commercial 
permit for king mackerel:
    (i) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (ii) If such a vessel has a drift gillnet or a long gillnet on board 
or a run-around gillnet in an area other than the southern Florida west 
coast subzone, no king mackerel may be possessed.
    (iii) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet 
in an area other than the southern Florida west coast subzone, the 
possession of king mackerel taken incidentally is restricted only by the 
closure provisions of Sec. 622.384(e) and the trip limits specified in 
Sec. 622.385(a). See also Sec. 622.379 regarding the purse seine 
incidental catch allowance of king mackerel.

[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 4221, Jan. 27, 2015]



Sec. 622.376  Gear identification.

    (a) Spanish mackerel gillnet buoys. On board a vessel with a valid 
Spanish mackerel permit that is fishing for Spanish mackerel in, or that 
possesses Spanish mackerel in or from, the South Atlantic EEZ off 
Florida north of 25 deg.20.4' N. lat., which is a line directly east 
from the Miami-Dade/Monroe County, FL, boundary, the float line of each 
gillnet possessed, including any net in use, must have a maximum of nine 
distinctive floats, i.e., different from the usual net buoys, spaced 
uniformly at a distance of 100 yd (91.4 m) or less. Each such 
distinctive float must display the official number of the vessel.
    (b) [Reserved]



Sec. 622.377  Gillnet restrictions.

    (a) Gillnets for king mackerel. The minimum allowable mesh size for 
a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in 
such EEZ, or having fished on a trip in such EEZ, with a gillnet on 
board that has a mesh size less than 4.75 (12.1 cm) inches, stretched 
mesh, may not possess on that trip an incidental catch of king mackerel 
that exceeds 10 percent, by number, of the total lawfully possessed 
Spanish mackerel on board.
    (b) Gillnets for Spanish mackerel. (1) The minimum allowable mesh 
size for a gillnet used to fish for Spanish mackerel in the Gulf, Mid-
Atlantic, or South Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.
    (i) A vessel in the Gulf EEZ, or having fished on a trip in the Gulf 
EEZ, with a gillnet on board that has a mesh size less than 3.5 inches 
(8.9 cm), stretched mesh, may not possess on that trip any Spanish 
mackerel.
    (ii) A vessel in the South Atlantic or Mid-Atlantic EEZ, or having 
fished on a trip in such EEZ, with a gillnet on

[[Page 386]]

board that has a mesh size less than 3.5 inches (8.9 cm), stretched 
mesh, may possess or land on the day of that trip no more than 500 lb 
(227 kg) of incidentally caught Spanish mackerel.
    (2) On board a vessel with a valid Spanish mackerel permit that is 
fishing for Spanish mackerel in, or that possesses Spanish mackerel in 
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
FL, boundary--
    (i) No person may fish with, set, place in the water, or have on 
board a gillnet with a float line longer than 800 yd (732 m).
    (ii) No person may fish with, set, or place in the water more than 
one gillnet at any one time.
    (iii) No more than two gillnets, including any net in use, may be 
possessed at any one time, except for a vessel with a valid commercial 
vessel permit for Spanish mackerel engaged in a transfer as specified in 
paragraph (b)(2)(vi) of this section. If two gillnets, including any net 
in use, are possessed at any one time, they must have stretched mesh 
sizes (as allowed under the regulations) that differ by at least .25 
inch (.64 cm), except for a vessel with a valid commercial vessel permit 
for Spanish mackerel engaged in a transfer as specified in paragraph 
(b)(2)(vi) of this section, in which case the vessel may possess two 
gillnets of the same mesh size provided that one of the nets is 
transferred to that vessel.
    (iv) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends either 
when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water.
    (v) The float line of each gillnet possessed, including any net in 
use, must have the distinctive floats specified in Sec. 622.376(a).
    (vi) A portion of a gillnet may be transferred at sea only in the 
EEZ and only from a vessel with a valid commercial vessel permit for 
Spanish mackerel that has exceeded a trip limit specified in Sec. 
622.385 (b) to another vessel with a valid commercial vessel permit for 
Spanish mackerel that has not yet reached the trip limit (the receiving 
vessel). Only one such transfer is allowed per vessel per day. In 
addition, to complete a legal transfer at sea, all of the following must 
apply:
    (A) All fish exceeding the applicable commercial trip limit may not 
be removed from the gillnet until the transfer is complete (i.e., the 
gillnet is onboard the receiving vessel). The fish transferred to the 
receiving vessel may not exceed the applicable commercial trip limit.
    (B) The receiving vessel may possess no more than three gillnets on 
board after the transfer is complete.
    (C) Prior to cutting the gillnet and prior to any transfer of 
Spanish mackerel from one vessel to another, the owner or operator of 
both vessels must contact NMFS Office for Law Enforcement, Port Orange, 
Florida, phone: 1-386-492-6686.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 68805, Nov. 19, 2014]



Sec. 622.378  Area and seasonal closures.

    (a) Seasonal closures of the gillnet component for Gulf migratory 
group king mackerel. The gillnet component for Gulf group king mackerel 
in or from the Florida west coast southern subzone is closed each 
fishing year from July 1 until 6 a.m. on the day after the Martin Luther 
King Jr. Federal holiday. The gillnet component is open on the first 
weekend following the Martin Luther King Jr. holiday, provided a 
notification of closure has not been filed under Sec. 622.8(b). The 
gillnet component is closed all subsequent weekends and observed Federal 
holidays. Weekend closures are effective from 6 a.m. Saturday to 6 a.m. 
Monday. Holiday closures are effective from 6 a.m. on the observed 
Federal holiday to 6 a.m. the following day. All times are eastern 
standard time. During these closures, a person aboard a vessel using or 
possessing a gillnet with a stretched-mesh size of 4.75 inches (12.1 cm) 
or larger in the southern Florida west coast subzone may not fish for or 
possess Gulf migratory group king

[[Page 387]]

mackerel. (See Sec. 622.369(a)(1)(ii)(A)(2) for a description of the 
Florida west coast southern subzone.)
    (b) [Reserved]

[80 FR 4221, Jan. 27, 2015]



Sec. 622.379  Purse seine incidental catch allowance.

    (a) A vessel in the EEZ, or having fished in the EEZ, with a purse 
seine on board will not be considered as fishing, or having fished, for 
king or Spanish mackerel in violation of a prohibition of purse seines 
under Sec. 622.375(b), in violation of the possession limits under 
Sec. 622.375(b)(3), or, in the case of king mackerel from the Atlantic 
migratory group, in violation of a closure effected in accordance with 
Sec. 622.8(b), provided the king mackerel on board does not exceed 1 
percent, or the Spanish mackerel on board does not exceed 10 percent, of 
all fish on board the vessel. Incidental catch will be calculated by 
number and/or weight of fish. Neither calculation may exceed the 
allowable percentage. Incidentally caught king or Spanish mackerel are 
counted toward the quotas provided for under Sec. 622.384 and are 
subject to the prohibition of sale under Sec. 622.384(e)(3).
    (b) [Reserved]



Sec. 622.380  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance with its size limit, as 
specified in this section, in or from the Gulf, South Atlantic, or Mid-
Atlantic EEZ, as appropriate, may not be possessed, sold, or purchased. 
A fish not in compliance with its size limit must be released 
immediately with a minimum of harm. The operator of a vessel that fishes 
in the EEZ is responsible for ensuring that fish on board are in 
compliance with the size limits specified in this section.
    (a) Cobia in the Gulf, Mid-Atlantic, or South Atlantic--33 inches 
(83.8 cm), fork length.
    (b) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--24 
inches (61.0 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.384(b) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (c) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12 inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for Spanish mackerel specified in Sec. 622.384(c) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.



Sec. 622.381  Landing fish intact.

    (a) Cobia, king mackerel, and Spanish mackerel in or from the Gulf, 
Mid-Atlantic, or South Atlantic EEZ, except as specified for king 
mackerel and Spanish mackerel in paragraph (b) of this section, must be 
maintained with head and fins intact. Such fish may be eviscerated, 
gilled, and scaled, but must otherwise be maintained in a whole 
condition. The operator of a vessel that fishes in the EEZ is 
responsible for ensuring that fish on that vessel in the EEZ are 
maintained intact and, if taken from the EEZ, are maintained intact 
through offloading ashore, as specified in this section.
    (b) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.380(b) and (c), respectively, and the 
trip limits in Sec. 622.385(a) and (b), respectively, may be possessed 
in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and offloaded 
ashore from, a vessel that is operating under the respective trip 
limits. Such cut-off fish also may be sold. A maximum of five additional 
cut-off (damaged) king mackerel, not subject to the size limits or trip 
limits, may be possessed or offloaded ashore but may not be sold or 
purchased and are not counted against the trip limit.



Sec. 622.382  Bag and possession limits.

    Section 622.11(a) provides the general applicability for bag and 
possession limits.
    (a) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 68B-12.004(1), Florida Administrative Code, 
in effect as of July

[[Page 388]]

15, 1996 (incorporated by reference, see Sec. 622.413). If Florida 
changes its limit, the bag limit specified in this paragraph 
(a)(1)(i)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--15.
    (iv) Gulf migratory group Spanish mackerel--15.
    (v) Coastal migratory pelagic fish within certain South Atlantic 
SMZs--Sec. 622.11(a) notwithstanding, all harvest and possession of 
coastal migratory pelagic fish within the South Atlantic SMZs specified 
in Sec. 622.182(a)(1)(i) through (xi), (a)(1)(xx), and (a)(1)(xxii) 
through (xxxix) is limited to the bag limits specified in paragraphs 
(a)(1)(i) through (iv) of this section.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (b) [Reserved]



Sec. 622.383  Limited harvest species.

    (a) General. (1) The harvest and possession restrictions of this 
section apply without regard to whether the species is harvested by a 
vessel operating under a commercial vessel permit. The operator of a 
vessel that fishes in the EEZ is responsible for the limit applicable to 
that vessel.
    (2) A person who fishes in the EEZ may not combine a harvest 
limitation specified in this section with a harvest limitation 
applicable to state waters. A species subject to a harvest limitation 
specified in this section taken in the EEZ may not be transferred at 
sea, regardless of where such transfer takes place, and such species may 
not be transferred in the EEZ.
    (b) Cobia. No person may possess more than two cobia per day in or 
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the 
number of trips or duration of a trip.



Sec. 622.384  Quotas.

    See Sec. 622.8 for general provisions regarding quota applicability 
and closure and reopening procedures. See Sec. 622.369 for the 
descriptions of the zones. This section provides quotas and specific 
quota closure restrictions for coastal migratory pelagic fish. All 
weights are in round and eviscerated weight combined, unless specified 
otherwise.
    (a) King and Spanish mackerel quotas apply to persons who fish under 
commercial vessel permits for king or Spanish mackerel, as required 
under Sec. 622.370(a)(1) or (3). A fish is counted against the quota 
for the area where it is caught, not where it is landed.
    (b) King mackerel--(1) Gulf migratory group. The Gulf migratory 
group is divided into zones and subzones. The descriptions of the zones 
and subzones are specified in Sec. 622.369(a). Quotas for the eastern 
and western zones are as follows:
    (i) Eastern zone. The eastern zone is divided into subzones with 
quotas as follows:
    (A) Florida east coast subzone--1,102,896 lb (500,265 kg).
    (B) Florida west coast subzone--(1) Southern subzone. The hook-and-
line quota is 551,448 lb (250,133 kg) and the run-around gillnet quota 
is 551,448 lb (250,133 kg).
    (2) Northern subzone--178,848 lb (81,124 kg).
    (ii) Western zone--1,071,360 lb (485,961 kg).
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into northern and southern zones. The descriptions of the zones 
are specified in Sec. 622.369(a). Quotas for the northern and southern 
zones for the 2015-2016 fishing year and subsequent years are as 
follows:
    (i) Northern zone--1,292,040 lb (586,059 kg). No more than 0.40 
million lb (0.18 million kg) may be harvested by purse seines.
    (ii) Southern zone--2,587,960 lb (1,173,879 kg).
    (iii) Quota transfers. North Carolina or Florida, in consultation 
with the other states in their respective zones, may request approval 
from the RA to transfer part or all of their respective zone's annual 
commercial quota to the other zone. Requests for transfer of

[[Page 389]]

commercial quota for king mackerel must be made by a letter signed by 
the principal state official with marine fishery management 
responsibility and expertise of the state requesting the transfer, or 
his/her previously named designee. The letter must certify that all 
pertinent state requirements have been met and identify the states 
involved and the amount of quota to be transferred. For the purposes of 
quota closures as described in Sec. 622.8, the receiving zone's quota 
will be the original quota plus any transferred amount, for that fishing 
season only. Landings associated with any transferred quota will be 
included in the total landings for the Atlantic migratory group, which 
will be evaluated relative to the total ACL.
    (A) Within 10 working days following the receipt of the letter from 
the state requesting the transfer, the RA shall notify the appropriate 
state officials of the disposition of the request. In evaluating 
requests to transfer a quota, the RA shall consider whether:
    (1) The transfer would allow the overall annual quota to be fully 
harvested; and
    (2) The transfer is consistent with the objectives of the FMP and 
the Magnuson-Stevens Act.
    (B) The transfer of quota will be valid only for the fishing year 
for which the request was made and does not permanently alter the quotas 
specified in paragraphs (b)(2)(i) and (b)(2)(ii) of this section.
    (3) Transit provisions applicable in areas closed due to a quota 
closure for king mackerel. A vessel with a valid commercial vessel 
permit for king mackerel that has onboard king mackerel harvested in an 
open area of the EEZ may transit through areas closed to the harvest of 
king mackerel due to a quota closure, if fishing gear is appropriately 
stowed. For the purpose of paragraph (b) of this section, transit means 
direct and non-stop continuous course through the area. To be 
appropriately stowed fishing gear means--
    (i) A gillnet must be left on the drum. Any additional gillnets not 
attached to the drum must be stowed below deck.
    (ii) A rod and reel must be removed from the rod holder and stowed 
securely on or below deck. Terminal gear (i.e., hook, leader, sinker, 
flasher, or bait) must be disconnected and stowed separately from the 
rod and reel. Sinkers must be disconnected from the down rigger and 
stowed separately.
    (c) Spanish mackerel--(1) Gulf migratory group. [Reserved]
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into northern and southern zones. The descriptions of the zones 
are specified in Sec. 622.369(b). The quota for the Atlantic migratory 
group of Spanish mackerel is 3.33 million lb (1.51 million kg). Quotas 
for the northern and southern zones are as follows:
    (i) Northern zone--662,670 lb (300,582 kg).
    (ii) Southern zone--2,667,330 lb (1,209,881 kg).
    (iii) Quota transfers. North Carolina or Florida, in consultation 
with the other states in their respective zones, may request approval 
from the RA to transfer part or all of their respective zone's annual 
commercial quota to the other zone. Requests for transfer of commercial 
quota for Spanish mackerel must be made by a letter signed by the 
principal state official with marine fishery management responsibility 
and expertise, or his/her previously named designee, for each state 
involved. The letter must certify that all pertinent state requirements 
have been met and identify the states involved and the amount of quota 
to be transferred. For the purposes of quota closures as described in 
Sec. 622.8, the receiving zone's quota will be the original quota plus 
any transferred amount, for that fishing season only. Landings 
associated with any transferred quota will be included in the total 
landings for the Atlantic migratory group, which will be evaluated 
relative to the total ACL.
    (A) Within 10 working days following the receipt of the letter from 
the states involved, the RA shall notify the appropriate state officials 
of the disposition of the request. In evaluating requests to transfer a 
quota, the RA shall consider whether:
    (1) The transfer would allow the overall annual quota to be fully 
harvested; and

[[Page 390]]

    (2) The transfer is consistent with the objectives of the FMP and 
the Magnuson-Stevens Act.
    (B) The transfer of quota will be valid only for the fishing year 
for which the request was made and does not permanently alter any zone's 
quota specified in paragraph (c)(2)(i) or (c)(2)(ii) of this section.
    (d) Cobia--(1) Gulf migratory group--(i) Gulf zone. For the 2014 
fishing year, the stock quota for the Gulf migratory group of cobia in 
the Gulf zone is 1,420,000 lb (644,101 kg). For the 2015 fishing year, 
the stock quota is 1,450,000 lb (657,709 kg). For the 2016 fishing year 
and subsequent fishing years, the stock quota is 1,500,000 lb (680,389 
kg).
    (ii) Florida east coast zone. The following quota applies to persons 
who fish for cobia and sell their catch. The quota for the Gulf 
migratory group of cobia in the Florida east coast zone is 70,000 lb 
(31,751 kg).
    (2) Atlantic migratory group. The following quotas apply to persons 
who fish for cobia and sell their catch. For the 2014 and 2015 fishing 
years, the quota for the Atlantic migratory group of cobia is 60,000 lb 
(27,216 kg). The quota for the 2016 fishing year and subsequent fishing 
years is 50,000 lb (22,680 kg).
    (e) Restrictions applicable after a quota closure. (1) A person 
aboard a vessel for which a commercial permit for king or Spanish 
mackerel has been issued, as required under Sec. 622.370(a)(1) or (3), 
may not fish for king or Spanish mackerel in the EEZ or retain king or 
Spanish mackerel in or from the EEZ under a bag or possession limit 
specified in Sec. 622.382(a) for the closed species, migratory group, 
zone, subzone, or gear, except as provided for under paragraph (e)(2) of 
this section.
    (2) A person aboard a vessel for which valid charter vessel/headboat 
permits for Gulf coastal migratory pelagic fish or South Atlantic 
coastal migratory pelagic fish and a valid commercial vessel permit for 
king or Spanish mackerel have been issued may continue to retain fish 
under a bag and possession limit specified in Sec. 622.382(a), provided 
the vessel is operating as a charter vessel or headboat.
    (3) The sale or purchase of king mackerel, Spanish mackerel, or 
cobia of the closed species, migratory group, subzone, or gear type, is 
prohibited, including any king or Spanish mackerel taken under the bag 
limits, or cobia taken under the limited-harvest species possession 
limit specified in Sec. 622.383(b). The prohibition on sale/purchase 
during a closure for coastal migratory pelagic fish does not apply to 
coastal migratory pelagic fish that were harvested, landed ashore, and 
sold prior to the effective date of the closure and were held in cold 
storage by a dealer or processor.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 69060, Nov. 20, 2014; 
80 FR 4221, Jan. 27, 2015]



Sec. 622.385  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. Except for Atlantic migratory group Spanish 
mackerel harvested by gillnet, as specified in Sec. 622.377(b)(2)(vi), 
a species subject to a trip limit specified in this section taken in the 
EEZ may not be transferred at sea, regardless of where such transfer 
takes place, and such species may not be transferred in the EEZ. 
Commercial trip limits apply as follows (all weights are round or 
eviscerated weights unless specified otherwise):
    (a) King mackerel--(1) Atlantic migratory group. The following trip 
limits apply to vessels for which commercial permits for king mackerel 
have been issued, as required under Sec. 622.370(a)(1):
    (i) North of 29 deg.25' N. lat., which is a line directly east from 
the Flagler/Volusia County, FL, boundary, king mackerel in or from the 
EEZ may not be possessed on board or landed from a vessel in a day in 
amounts exceeding 3,500 lb (1,588 kg).
    (ii) In the area between 29 deg.25' N. lat. and 28 deg.47.8' N. 
lat., which is a line directly east from the Volusia/Brevard County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 3,500 lb

[[Page 391]]

(1,588 kg) from April 1 through October 31.
    (iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
FL, boundary, king mackerel in or from the EEZ may not be possessed on 
board or landed from a vessel in a day in amounts exceeding 75 fish from 
April 1 through October 31.
    (iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N. 
lat., which is a line directly west from the Monroe/Collier County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg) 
from April 1 through October 31.
    (2) Gulf migratory group. Commercial trip limits are established in 
the eastern and western zones as follows. (See Sec. 622.369(a)(2) for 
descriptions of the eastern and western zones and Sec. 
622.369(a)(2)(ii) for descriptions of the subzones in the eastern zone.)
    (i) Eastern zone--Florida east coast subzone. In the Florida east 
coast subzone, king mackerel in or from the EEZ may be possessed on 
board at any time or landed in a day from a vessel with a commercial 
permit for king mackerel as required under Sec. 622.370(a)(1) as 
follows:
    (A) From November 1 through the end of February--not to exceed 50 
fish.
    (B) Beginning on March 1 and continuing through March 31--
    (1) If 70 percent or more of the Florida east coast subzone quota as 
specified in Sec. 622.384(b)(1)(i)(A) has been taken--not to exceed 50 
fish.
    (2) If less than 70 percent of the Florida east coast subzone quota 
as specified in Sec. 622.384(b)(1)(i)(A) has been taken--not to exceed 
75 fish.
    (ii) Eastern zone-Florida west coast subzone--(A) Gillnet gear. (1) 
In the Florida west coast southern subzone, king mackerel in or from the 
EEZ may be possessed on board or landed from a vessel for which a 
commercial vessel permit for king mackerel and a king mackerel gillnet 
permit have been issued, as required under Sec. 622.370(a)(2), in 
amounts not exceeding 45,000 lb (20,411 kg) per day, provided the 
gillnet component for Gulf migratory group king mackerel is not closed 
under Sec. 622.378(a) or Sec. 622.8(b).
    (2) In the southern Florida west coast subzone:
    (i) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on a 
trip only when such vessel has on board a commercial vessel permit for 
king mackerel and a king mackerel gillnet permit.
    (ii) King mackerel from the southern west coast subzone landed by a 
vessel for which a commercial vessel permit for king mackerel and a king 
mackerel gillnet permit have been issued will be counted against the 
run-around gillnet quota of Sec. 622.384(b)(1)(i)(B)(1).
    (iii) King mackerel in or from the EEZ harvested with gear other 
than run-around gillnet may not be retained on board a vessel for which 
a commercial vessel permit for king mackerel and a king mackerel gillnet 
permit have been issued.
    (B) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a commercial permit for king mackerel, as required by Sec. 
622.370(a)(1), and operating under the hook-and-line gear quotas in 
Sec. 622.384(b)(1)(i)(B)(1) or (2):
    (1) Northern subzone. From October 1, each fishing year, until the 
northern subzone's hook-and-line gear quota has been harvested--in 
amounts not exceeding 1,250 lb (567 kg) per day.
    (2) Southern subzone. From July 1, each fishing year, until the 
southern subzone's hook-and-line gear quota has been harvested--in 
amounts not exceeding 1,250 lb (567 kg) per day.
    (iii) Western zone. In the western zone, king mackerel in or from 
the EEZ may be possessed on board or landed from a vessel for which a 
commercial permit for king mackerel has been issued, as required under 
Sec. 622.370(a)(1), from July 1, each fishing year, until a closure of 
the western zone has been effected under Sec. 622.8(b)--in amounts not 
exceeding 3,000 lb (1,361 kg) per day.
    (b) Spanish mackerel--(1) Atlantic migratory group. The following 
trip limits apply to vessels for which commercial permits for Spanish 
mackerel have

[[Page 392]]

been issued, as required under Sec. 622.370(a)(3).
    (i) Northern zone. Spanish mackerel in or from the EEZ may not be 
possessed on board or landed in a day from a vessel for which a permit 
for Spanish mackerel has been issued, as required under Sec. 
622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg).
    (ii) Southern zone. Spanish mackerel in or from the EEZ may not be 
possessed on board or landed in a day from a vessel for which a permit 
for Spanish mackerel has been issued, as required under Sec. 
622.370(a)(3)--
    (A) From March 1 until 75 percent of the adjusted quota for the 
southern zone has been reached or is projected to be reached, in amounts 
exceeding 3,500 lb (1,588 kg).
    (B) After 75 percent of the adjusted quota for the southern zone has 
been reached or is projected to be reached, in amounts exceeding 1,500 
lb (680 kg).
    (C) After 100 percent of the adjusted quota for the southern zone 
has been reached or is projected to be reached, and until the end of the 
fishing year or the southern zone's quota has been reached or is 
projected to be reached, in amounts exceeding 500 lb (227 kg). See Sec. 
622.384(e) for limitations regarding Atlantic migratory group Spanish 
mackerel after the southern zone's quota is reached.
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota for the southern zone is 2,417,330 lb (1,096,482 kg). The 
adjusted quota for the southern zone is the quota for the Atlantic 
migratory group Spanish mackerel southern zone reduced by an amount 
calculated to allow continued harvest of Atlantic migratory group 
Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day for 
the remainder of the fishing year after the adjusted quota is reached. 
Total commercial harvest in the southern zone is still subject to the 
southern zone quota and accountability measures. By filing a 
notification with the Office of the Federal Register, the Assistant 
Administrator will announce when 75 percent and 100 percent of the 
adjusted quota are reached or are projected to be reached.
    (3) For the purpose of paragraph (b)(1)(ii) of this section, a day 
starts at 6 a.m., local time, and extends for 24 hours. If a vessel 
terminates a trip prior to 6 a.m., but retains Spanish mackerel on board 
after that time, the Spanish mackerel retained on board will not be 
considered in possession during the succeeding day, provided the vessel 
is not underway between 6 a.m. and the time such Spanish mackerel are 
unloaded, and provided such Spanish mackerel are unloaded prior to 6 
p.m.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 68805, Nov. 19, 2014; 
79 FR 69090, Nov. 20, 2014; 80 FR 4222, Jan. 27, 2014; 80 FR 40937, July 
14, 2015; 80 FR 78675, Dec. 17, 2015]



Sec. 622.386  Restrictions on sale/purchase.

    The restrictions in this section are in addition to the restrictions 
on sale/purchase related to quota closures as specified in Sec. 
622.384(e)(3).
    (a) King and Spanish mackerel. A king or Spanish mackerel harvested 
or possessed in the EEZ on board a vessel that does not have a valid 
commercial vessel permit for king mackerel, as required under Sec. 
622.370(a)(1), or a valid commercial vessel permit for Spanish mackerel, 
as required under Sec. 622.370(a)(3), or a king or Spanish mackerel 
harvested in the EEZ or possessed under the bag limits specified in 
Sec. 622.382, may not be sold or purchased, except when harvested under 
the bag limits on board a vessel operating in the Gulf as a charter 
vessel or headboat and that vessel has both a valid Federal charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish, as 
required under Sec. 622.370(b)(1), and a valid commercial vessel permit 
for king mackerel or Spanish mackerel, as required under Sec. 
622.370(a)(1), as appropriate to the species harvested or possessed.
    (b) Coastal migratory pelagic fish harvested in or from the EEZ or 
adjoining state waters by a vessel that has a valid Federal commercial 
vessel permit or a charter vessel/headboat permit may be sold or 
transferred only to a dealer who has a valid Gulf and South Atlantic 
dealer permit, as required under Sec. 622.370(c)(1).
    (c) Coastal migratory pelagic fish harvested in or from the Gulf or 
South Atlantic EEZ may be first received by

[[Page 393]]

a dealer who has a valid Gulf and South Atlantic dealer permit, as 
required under Sec. 622.370(c)(1), only from a vessel that has a valid 
Federal commercial vessel permit, as required under Sec. 622.370(a), or 
a charter vessel/headboat permit for coastal migratory pelagic fish, as 
required under Sec. 622.370(b).
    (d) Cut-off (damaged) king or Spanish mackerel. A person may not 
sell or purchase a cut-off (damaged) king or Spanish mackerel that does 
not comply with the minimum size limits specified in Sec. 622.380(b) or 
(c), respectively, or that is in excess of the trip limits specified in 
Sec. 622.385(a) or (b), respectively.
    (e) State-permitted tournaments. King or Spanish mackerel harvested 
in a state-permitted tournament in the South Atlantic, Mid-Atlantic, or 
the Gulf may not be sold for profit but may be donated to a state dealer 
or Federal dealer. Dealers accepting these tournament-caught king or 
Spanish mackerel must be permitted and must comply with all transfer and 
reporting requirements. Federally permitted dealers who accept donated 
king or Spanish mackerel under this section are exempt from the 
restrictions in paragraph (c) of this section, and can first receive 
these fish from non-federally permitted vessels. Dealers must donate the 
monetary value (sale price or cash equivalent of value received for the 
landings) from the sale of tournament-caught fish to a charitable 
organization, as determined by the state. The monetary value received 
from the sale of tournament-caught fish may not be used to pay for 
tournament expenses. In addition, the fish must be handled and iced 
according to the Hazard Analysis Critical Control Point (HACCP) 
standards, and dealers must report tournament caught king and Spanish 
mackerel as ``tournament catch'' and comply with all Federal and state 
reporting requirements.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 34250, June 16, 2014; 
79 FR 19496, Apr. 9, 2014; 80 FR 4222, Jan. 27, 2015]



Sec. 622.387  [Reserved]



Sec. 622.388  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    All weights are in round and eviscerated weight combined, unless 
specified otherwise.
    (a) Gulf migratory group king mackerel--(1) Commercial sector--(i) 
If commercial landings, as estimated by the SRD, reach or are projected 
to reach the applicable quota specified in Sec. 622.384(b)(1), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for that zone, subzone, or gear type for the 
remainder of the fishing year.
    (ii) The commercial ACL for the Gulf migratory group of king 
mackerel is 3.456 million lb (1.568 million kg). This ACL is further 
divided into a commercial ACL for vessels fishing with hook-and-line and 
a commercial ACL for vessels fishing with run-around gillnets. The hook-
and-line ACL (which applies to the entire Gulf) is 2,904,552 lb 
(1,317,483 kg) and the run-around gillnet ACL (which applies to the Gulf 
eastern zone Florida west coast southern subzone) is 551,448 lb (250,133 
kg).
    (iii) If commercial landings for Gulf migratory group king mackerel 
caught by run-around gillnet in the Florida west coast southern subzone, 
as estimated by the SRD, exceed the commercial ACL, the AA will file a 
notification with the Office of the Federal Register to reduce the 
commercial ACL for king mackerel harvested by run-around gillnet in the 
Florida west coast southern subzone in the following fishing year by the 
amount of the commercial ACL overage in the prior fishing year.
    (2) Recreational sector. If recreational landings, as estimated by 
the SRD, reach or are projected to reach the recreational ACL of 8.092 
million lb (3.670 million kg), the AA will file a notification with the 
Office of the Federal Register to implement a bag and possession limit 
for Gulf migratory group king mackerel of zero, unless the best 
scientific information available determines that a bag limit reduction 
is unnecessary.
    (3) For purposes of tracking the ACL, recreational landings will be 
monitored based on the commercial fishing year.

[[Page 394]]

    (b) Atlantic migratory group king mackerel--(1) Commercial sector--
(i) If commercial landings, as estimated by the SRD, reach or are 
projected to reach the applicable quota specified in Sec. 
622.384(b)(2), the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for that zone for the 
remainder of the fishing year.
    (ii) In addition to the measures specified in paragraph (b)(1)(i) of 
this section, if the sum of the commercial and recreational landings, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(b)(3) of this section, and Atlantic migratory group king mackerel are 
overfished, based on the most recent status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the commercial quota for that zone for that following year by the 
amount of any commercial sector overage in the prior fishing year for 
that zone.
    (iii) The commercial ACL for the Atlantic migratory group of king 
mackerel is 3.88 million lb (1.76 million kg).
    (2) Recreational sector. (i) If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
as specified in paragraph (b)(3) of this section, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the bag limit by the 
amount necessary to ensure recreational landings may achieve the 
recreational annual catch target (ACT), but do not exceed the 
recreational ACL, in the following fishing year. The recreational ACT is 
6.11 million lb (2.77 million kg). The recreational ACL is 6.58 million 
lb (2.99 million lb).
    (ii) In addition to the measures specified in paragraph (b)(2)(i) of 
this section, if the sum of the commercial and recreational landings, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(b)(3) of this section, and Atlantic migratory group king mackerel are 
overfished, based on the most recent status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the recreational ACL and ACT for that following year by the 
amount of any recreational sector overage in the prior fishing year.
    (iii) For purposes of tracking the ACL, recreational landings will 
be evaluated based on the commercial fishing year, March through 
February. Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (3) The stock ACL for Atlantic migratory group king mackerel is 
10.46 million lb (4.75 million kg).
    (c) Gulf migratory group Spanish mackerel. (1) If the sum of the 
commercial and recreational landings, as estimated by the SRD, reaches 
or is projected to reach the stock ACL, as specified in paragraph (c)(3) 
of this section, the AA will file a notification with the Office of the 
Federal Register to close the commercial and recreational sectors for 
the remainder of the fishing year. On and after the effective date of 
such a notification, all sale and purchase of Gulf migratory group 
Spanish mackerel is prohibited and the harvest and possession limit of 
this species in or from the Gulf EEZ is zero.
    (2) For purposes of tracking the ACL, recreational landings will be 
evaluated based on the commercial fishing year, April through March.
    (3) The stock ACL for Gulf migratory group Spanish mackerel is 12.7 
million lb (5.76 million kg) for the 2014-2015 fishing year, 11.8 
million lb (5.35 million kg) for the 2015-2016 fishing year, and 11.3 
million lb (5.13 million kg) for the 2016-2017 fishing year and 
subsequent fishing years.
    (d) Atlantic migratory group Spanish mackerel--(1) Commercial 
sector. (i) If commercial landings, as estimated by the SRD, reach or 
are projected to reach the applicable quota specified in Sec. 
622.384(c)(2), the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for that zone for the 
remainder of the fishing year.
    (ii) In addition to the measures specified in paragraph (d)(1)(i) of 
this section, if the sum of the commercial and recreational landings, as 
estimated by

[[Page 395]]

the SRD, exceeds the stock ACL, as specified in paragraph (d)(3) of this 
section, and Atlantic migratory group Spanish mackerel are overfished, 
based on the most recent status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register, 
at or near the beginning of the following fishing year to reduce the 
commercial quota for that zone for that following year by the amount of 
any commercial sector overage in the prior fishing year for that zone.
    (iii) The commercial ACL for the Atlantic migratory group Spanish 
mackerel is 3.33 million lb (1.51 million kg).
    (2) Recreational sector. (i) If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
as specified in paragraph (d)(3) of this section, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the bag limit by the 
amount necessary to ensure recreational landings may achieve the 
recreational ACT, but do not exceed the recreational ACL, in the 
following fishing year. The recreational ACT for the Atlantic migratory 
group is 2.364 million lb (1.072 million kg). The recreational ACL for 
the Atlantic migratory group is 2.727 million lb (1.236 million kg).
    (ii) In addition to the measures specified in paragraph (d)(2)(i) of 
this section, if the sum of the commercial and recreational landings, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(d)(3) of this section, and Atlantic migratory group Spanish mackerel 
are overfished, based on the most recent status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing year 
to reduce the recreational ACT for that following year by the amount of 
any recreational sector overage in the prior fishing year.
    (iii) For purposes of tracking the ACL and ACT, recreational 
landings will be evaluated based on the commercial fishing year, March 
through February. Recreational landings will be evaluated relative to 
the ACL based on a moving multi-year average of landings, as described 
in the FMP.
    (3) The stock ACL for Atlantic migratory group Spanish mackerel is 
6.063 million lb (2.76 million kg).
    (e) Gulf migratory group cobia--(1) Gulf zone. (i) If the sum of all 
cobia landings, as estimated by the SRD, reaches or is projected to 
reach the stock quota (stock ACT), specified in Sec. 622.384(d)(1), the 
AA will file a notification with the Office of the Federal Register to 
prohibit the harvest of Gulf migratory group cobia in the Gulf zone for 
the remainder of the fishing year. On and after the effective date of 
such a notification, all sale and purchase of Gulf migratory group cobia 
in the Gulf zone is prohibited and the possession limit of this species 
in or from the Gulf EEZ is zero.
    (ii) The stock ACLs for Gulf migratory group cobia in the Gulf zone 
are 1,570,000 lb (712,140 kg) for 2014, 1,610,000 lb (730,284 kg) for 
2015, and 1,660,000 lb (752,963 kg) for 2016 and subsequent fishing 
years.
    (2) Florida east coast zone--(i) The following ACLs and AMs apply to 
cobia that are sold. (A) If the sum of cobia landings that are sold, as 
estimated by the SRD, reach or are projected to reach the quota 
specified in Sec. 622.384(d)(1)(ii) (ACL), the AA will file a 
notification with the Office of the Federal Register to prohibit the 
sale and purchase of cobia in or from the Florida east coast zone for 
the remainder of the fishing year.
    (B) In addition to the measures specified in paragraph (e)(2)(i)(A) 
of this section, if the sum of cobia landings that are sold and not sold 
in or from the Florida east coast zone, as estimated by the SRD, exceeds 
the stock ACL for the Florida east coast zone, as specified in paragraph 
(e)(2)(iii) of this section, and Gulf migratory group cobia are 
overfished, based on the most recent status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the quota (ACL) for the Florida east coast zone cobia that are 
sold for that following year by the amount of any overage in the prior 
fishing year.

[[Page 396]]

    (ii) The following ACLs and AMs apply to cobia that are not sold. 
(A) If the sum of cobia landings that are sold and not sold, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(e)(2)(iii) of this section, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the length of the following fishing 
season by the amount necessary to ensure landings may achieve the 
applicable ACT, but do not exceed the applicable ACL in the following 
fishing year. Further, during that following year, if necessary, the AA 
may file additional notification with the Office of the Federal Register 
to readjust the reduced fishing season to ensure harvest achieves the 
ACT but does not exceed the ACL. The applicable ACTs for the Florida 
east coast zone of cobia are 670,000 lb (303,907 kg) for 2014, 680,000 
lb (308,443 kg) for 2015, and 710,000 lb (322,051 kg) for 2016 and 
subsequent fishing years. The applicable ACLs for the Florida east coast 
zone of cobia are 810,000 lb (367,410 kg) for 2014, 830,000 lb (376,482 
kg) for 2015, and 860,000 lb (390,089 kg) for 2016 and subsequent 
fishing years.
    (B) In addition to the measures specified in paragraph (e)(2)(ii)(A) 
of this section, if the sum of the cobia landings that are sold and not 
sold in or from the Florida east coast zone, as estimated by the SRD, 
exceeds the stock ACL, as specified in paragraph (e)(2)(iii) of this 
section, and Gulf migratory group cobia are overfished, based on the 
most recent status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register, at or near 
the beginning of the following fishing year to reduce the applicable ACL 
and applicable ACT for the Florida east coast zone for that following 
year by the amount of any ACL overage in the prior fishing year.
    (C) Landings will be evaluated relative to the ACL based on a moving 
multi-year average of landings, as described in the FMP.
    (iii) The stock ACLs for Florida east coast zone cobia are 880,000 
lb (399,161 kg) for 2014, 900,000 lb (408,233 kg) for 2015, and 930,000 
lb (421,841 kg) for 2016 and subsequent fishing years.
    (f) Atlantic migratory group cobia--(1) The following ACLs and AMs 
apply to cobia that are sold--(i) If the sum of the cobia landings that 
are sold, as estimated by the SRD, reach or are projected to reach the 
quota specified in Sec. 622.384(d)(2) (ACL), the AA will file a 
notification with the Office of the Federal Register to prohibit the 
sale and purchase of cobia for the remainder of the fishing year.
    (ii) In addition to the measures specified in paragraph (f)(1)(i) of 
this section, if the sum of the cobia landings that are sold and not 
sold in or from the Atlantic migratory group, as estimated by the SRD, 
exceeds the stock ACL, as specified in paragraph (f)(3) of this section, 
and Atlantic migratory group cobia are overfished, based on the most 
recent status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the applicable quota 
(ACL), as specified in paragraph (f)(1)(i) of this section, for that 
following year by the amount of any applicable sector-specific ACL 
overage in the prior fishing year.
    (2) The following ACLs and AMs apply to cobia that are not sold.
    (i) If the sum of the cobia landings that are sold and not sold, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(f)(3) of this section, the AA will file a notification with the Office 
of the Federal Register, at or near the beginning of the following 
fishing year to reduce the length of the following fishing season by the 
amount necessary to ensure landings may achieve the applicable ACT, but 
do not exceed the applicable ACL in the following fishing year. Further, 
during that following year, if necessary, the AA may file additional 
notification with the Office of the Federal Register to readjust the 
reduced fishing season to ensure harvest achieves the ACT but does not 
exceed the ACL. The applicable ACTs for the Atlantic migratory group of 
cobia are 550,000 lb (249,476 kg) for 2014, 520,000 lb (235,868 kg) for 
2015, and 500,000 lb (226,796 kg) for 2016 and subsequent fishing years. 
The applicable ACLs for the Atlantic migratory group of cobia

[[Page 397]]

are 670,000 lb (303,907 kg) for 2014, 630,000 lb (285,763 kg) for 2015, 
and 620,000 lb (281,227 kg) for 2016 and subsequent fishing years.
    (ii) In addition to the measures specified in paragraph (f)(2)(i) of 
this section, if the sum of cobia landings that are sold and not sold, 
as estimated by the SRD, exceeds the stock ACL, as specified in 
paragraph (f)(3) of this section, and Atlantic migratory group cobia are 
overfished, based on the most recent status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the applicable ACL and ACT, as specified in paragraph (f)(2)(i) 
of this section, for that following year by the amount of any applicable 
sector-specific overage in the prior fishing year.
    (iii) Landings will be evaluated relative to the ACL based on a 
moving multi-year average of landings, as described in the FMP.
    (3) The stock ACLs for Atlantic migratory group cobia are 730,000 lb 
(331,122 kg) for 2014, 690,000 lb (312,979 kg) for 2015, and 670,000 lb 
(303,907 kg) for 2016 and subsequent fishing years.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 69060, Nov. 20, 2014; 
80 FR 4222, Jan. 27, 2015; 80 FR 10007, Feb. 25, 2015; 80 FR 78675, Dec. 
17, 2015]



622.389  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for Coastal 
Migratory Pelagic Resources, the RA may establish or modify, and the 
applicable council is required to approve, the following items specified 
in paragraph (a) of this section for coastal migratory pelagic fish. 
(Note: The applicable council refers to the council whose jurisdiction 
applies to the management measures.)
    (a) For a species or species group: Reporting and monitoring 
requirements, permitting requirements, bag and possession limits 
(including a bag limit of zero), size limits, vessel trip limits, closed 
seasons or areas and reopenings, acceptable biological catches (ABCs) 
and ABC control rules, annual catch limits (ACLs) and ACL control rules, 
accountability measures (AMs), annual catch targets (ACTs), quotas 
(including a quota of zero), MSY (or proxy), OY, management parameters 
such as overfished and overfishing definitions, gear restrictions 
(ranging from regulation to complete prohibition), gear markings and 
identification, vessel markings and identification, rebuilding plans, 
and restrictions relative to conditions of harvested fish (maintaining 
fish in whole condition, use as bait).
    (b) [Reserved]

[80 FR 4224, Jan. 27, 2015]



Subpart R_Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic



Sec. 622.400  Permits and fees.

    (a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ 
off Florida and spiny lobster landed in Florida. For a person to sell, 
trade, or barter, or attempt to sell, trade, or barter, a spiny lobster 
harvested or possessed in the EEZ off Florida, or harvested in the EEZ 
other than off Florida and landed from a fishing vessel in Florida, or 
for a person to be exempt from the daily bag and possession limit 
specified in Sec. 622.408(b)(1) for such spiny lobster, such person 
must have the licenses and certificates specified to be a ``commercial 
harvester,'' as defined in Rule 68B-24.002, Florida Administrative Code, 
in effect as of July 1, 2008 (incorporated by reference, see Sec. 
622.413).
    (ii) EEZ other than off Florida. For a person to sell, trade, or 
barter, or attempt to sell, trade, or barter, a spiny lobster harvested 
in the EEZ other than off Florida or for a person to be exempt from the 
daily bag and possession limit specified in Sec. 622.408(b)(1) for such 
spiny lobster, a Federal vessel permit must be issued to the harvesting 
vessel and must be on board. However, see paragraph (a)(1)(i) of this 
section for the licenses and certificates required for a person to 
possess or land spiny lobster harvested in the EEZ other than off 
Florida and subsequently possessed in the EEZ off Florida or landed from 
a fishing vessel in Florida.
    (2) Tail-separation permits. For a person to possess aboard a 
fishing vessel a separated spiny lobster tail in or from

[[Page 398]]

the EEZ, a valid Federal tail-separation permit must be issued to the 
vessel and must be on board. Permitting prerequisites for the tail-
separation permit are either a valid Federal vessel permit for spiny 
lobster or a valid Florida Saltwater Products License with a valid 
Florida Restricted Species Endorsement and a valid Crawfish Endorsement.
    (3) Corporation/partnership-owned vessels. For a vessel owned by a 
corporation or partnership to be eligible for a Federal vessel permit 
specified in paragraph (a)(1)(ii) of this section, the earned income 
qualification specified in paragraph (b)(2)(vi) of this section must be 
met by, and the statement required by that paragraph must be submitted 
by, an officer or shareholder of the corporation, a general partner of 
the partnership, or the vessel operator.
    (4) Operator-qualified permits. A vessel permit issued upon the 
qualification of an operator is valid only when that person is the 
operator of the vessel.
    (5) Dealer permits and conditions--(i) Permits. For a dealer to 
first receive Gulf or South Atlantic spiny lobster harvested in or from 
the EEZ, a Gulf and South Atlantic dealer permit must be issued to the 
dealer.
    (ii) State license and facility requirements. To obtain a dealer 
permit, the applicant must have a valid state wholesaler's license in 
the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (b) Applications for permits. (1) An application for a Federal 
vessel and/or tail-separation permit must be submitted and signed by the 
owner (in the case of a corporation, a qualifying officer or 
shareholder; in the case of a partnership, a qualifying general partner) 
or operator of the vessel. The application must be submitted to the RA 
at least 30 days prior to the date on which the applicant desires to 
have the permit made effective.
    (2) An applicant must provide the following information:
    (i) A copy of the vessel's U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its state registration 
certificate.
    (ii) The vessel's name and official number.
    (iii) Name, mailing address including zip code, telephone number, 
social security number, and date of birth of the owner (if the owner is 
a corporation/partnership, in lieu of the social security number, 
provide the employer identification number, if one has been assigned by 
the Internal Revenue Service, and, in lieu of the date of birth, provide 
the date the corporation/partnership was formed).
    (iv) If the owner does not meet the earned income qualification 
specified in paragraph (b)(2)(vi) of this section and the operator does 
meet that qualification, the name, mailing address including zip code, 
telephone number, social security number, and date of birth of the 
operator.
    (v) Information concerning vessel, gear used, fishing areas, and 
fisheries vessel is used in, as requested by the RA and included on the 
application form.
    (vi) A sworn statement by the applicant for a vessel permit 
certifying that at least 10 percent of his or her earned income was 
derived from commercial fishing, that is, sale of the catch, during the 
calendar year preceding the application.
    (vii) Documentation supporting the statement of income, if required 
under paragraph (b)(3) of this section.
    (viii) If a tail-separation permit is desired, a sworn statement by 
the applicant certifying that his or her fishing activity--
    (A) Is routinely conducted in the EEZ on trips of 48 hours or more; 
and
    (B) Necessitates the separation of carapace and tail to maintain a 
quality product.
    (ix) Any other information that may be necessary for the issuance or 
administration of the permit.
    (3) The RA may require the applicant to provide documentation 
supporting the sworn statement under paragraph (b)(2)(vi) of this 
section before a permit is issued or to substantiate why such permit 
should not be revoked or otherwise sanctioned under paragraph (i) of 
this section. Such required documentation may include copies of 
appropriate

[[Page 399]]

forms and schedules from the applicant's income tax return. Copies of 
income tax forms and schedules are treated as confidential.
    (c) Change in application information. The owner or operator of a 
vessel with a permit must notify the RA within 30 days after any change 
in the application information specified in paragraph (b) of this 
section. The permit is void if any change in the information is not 
reported within 30 days.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) of this section. The amount of the fee is calculated 
in accordance with the procedures of the NOAA Finance Handbook for 
determining the administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with each application 
form. The appropriate fee must accompany each application.
    (e) Issuance. (1) The RA will issue a permit at any time to an 
applicant if the application is complete and the applicant meets the 
earned income requirement specified in paragraph (b)(2)(vi) of this 
section. An application is complete when all requested forms, 
information, and documentation have been received.
    (2) Upon receipt of an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RA's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless the vessel is sold or the permit is revoked, suspended, or 
modified pursuant to subpart D of 15 CFR part 904.
    (g) Transfer. A permit issued pursuant to this section is not 
transferable or assignable. A person purchasing a permitted vessel who 
desires to conduct activities for which a permit is required must apply 
for a permit in accordance with the provisions of paragraph (b) of this 
section. The application must be accompanied by a copy of a signed bill 
of sale.
    (h) Display. A permit issued pursuant to this section must be 
carried on board the vessel, and such vessel must be identified as 
required by Sec. 622.402. The operator of a vessel must present the 
permit for inspection upon the request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19497, Apr. 9, 2014]



Sec. 622.401  Recordkeeping and reporting.

    (a) Dealers. A dealer who first receives Gulf or South Atlantic 
spiny lobster must maintain records and submit information as specified 
in Sec. 622.5(c).
    (b) [Reserved]

[79 FR 19497, Apr. 9, 2014]



Sec. 622.402  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobster by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements specified in 
sections 379.367(2)(a)(1) and 379.367(3), Florida Statutes, in effect as 
of July 1, 2008 and in Rule 68B-24.006(3), (4), and (5), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec. 622.413).
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters in Rule 68B-24.006(6), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec. 622.413).
    (b) EEZ other than off Florida. (1) The owner or operator of a 
vessel that is

[[Page 400]]

used to harvest spiny lobsters in the EEZ other than off Florida, must 
meet the following vessel and gear identification requirements:
    (i) The vessel's Florida crawfish license or trap number or, if not 
licensed by Florida, the vessel's Federal vessel permit number must be 
permanently and conspicuously displayed horizontally on the uppermost 
structural portion of the vessel in numbers at least 10 inches (25.4 cm) 
high so as to be readily identifiable from the air and water;
    (ii) If the vessel uses spiny lobster traps in the EEZ, other than 
off Florida--
    (A) The vessel's color code, as assigned by Florida or, if a color 
code has not been assigned by Florida, as assigned by the RA, must be 
permanently and conspicuously displayed above the number specified in 
paragraph (b)(1)(i) of this section so as to be readily identifiable 
from the air and water, such color code being in the form of a circle at 
least 20 inches (50.8 cm) in diameter on a background of colors 
contrasting to those contained in the assigned color code;
    (B) A buoy or timed-release buoy of such strength and buoyancy to 
float must be attached to each spiny lobster trap or at each end of a 
string of traps;
    (C) A buoy used to mark spiny lobster traps must bear the vessel's 
assigned color code and be of such color, hue, and brilliancy as to be 
easily distinguished, seen, and located;
    (D) A buoy used to mark spiny lobster traps must bear the vessel's 
Florida crawfish license or trap number or, if not licensed by Florida, 
the vessel's Federal vessel permit number in numbers at least 2 inches 
(5.08 cm) high; and
    (E) A spiny lobster trap must bear the vessel's Florida crawfish 
license or trap number or, if not licensed by Florida, the vessel's 
Federal vessel permit number permanently and legibly affixed.
    (2) A spiny lobster trap in the EEZ, other than off Florida, will be 
presumed to be the property of the most recently documented owner. Upon 
the sale or transfer of a spiny lobster trap used in the EEZ, other than 
off Florida, within 5 days of acquiring ownership, the person acquiring 
ownership must notify the Florida Division of Law Enforcement of the 
Department of Environmental Protection for a trap that bears a Florida 
crawfish license or trap number, or the RA, for a trap that bears a 
Federal vessel permit number, as to the number of traps purchased, the 
vendor, and the crawfish license or trap number, or Federal vessel 
permit number, currently displayed on the traps, and must request 
issuance of a crawfish license or trap number, or Federal vessel permit, 
if the acquiring owner does not possess such license or trap number or 
permit.
    (c) Unmarked traps and buoys. An unmarked spiny lobster trap or buoy 
in the EEZ is illegal gear.
    (1) EEZ off Florida. Such trap or buoy, and any connecting lines, 
during times other than the authorized fishing season, will be 
considered derelict and may be disposed of in accordance with Rules 68B-
55.002 and 68B-55.004 of the Florida Administrative Code, in effect as 
of October 15, 2007 (incorporated by reference, see Sec. 622.413). An 
owner of such trap or buoy remains subject to appropriate civil 
penalties.
    (2) EEZ other than off Florida. Such trap or buoy, and any 
connecting lines, will be considered unclaimed or abandoned property and 
may be disposed of in any manner considered appropriate by the Assistant 
Administrator or an authorized officer. An owner of such trap or buoy 
remains subject to appropriate civil penalties.



Sec. 622.403  Seasons.

    (a) EEZ off the southern Atlantic states, other than Florida. In the 
EEZ off the southern Atlantic states, other than Florida, there are no 
seasonal restrictions on the harvest of spiny lobster or on the 
possession of traps.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. The commercial and 
recreational fishing season for spiny lobster in the EEZ off Florida and 
the EEZ off the Gulf states, other than Florida, begins on August 6 and 
ends on March 31.
    (2) Special recreational fishing seasons--(i) EEZ off Florida. There 
is a 2-day special recreational fishing season in the EEZ off Florida on 
the last

[[Page 401]]

Wednesday and successive Thursday of July each year during which fishing 
for spiny lobster is limited to diving or use of a bully net or hoop 
net. (See Sec. 622.404 for general prohibitions on gear and methods.) 
In the EEZ off Monroe County, Florida, no person may harvest spiny 
lobster by diving at night, that is, from 1 hour after official sunset 
to 1 hour before official sunrise, during this 2-day special 
recreational fishing season.
    (ii) EEZ off the Gulf states, other than Florida. There is a 2-day 
special recreational fishing season in the EEZ off the Gulf states, 
other than Florida, during the last Saturday and successive Sunday of 
July each year during which fishing for spiny lobster may be conducted 
by authorized gear and methods other than traps. (See Sec. 622.404 for 
prohibitions on gear and methods.)
    (3) Possession of traps. (i) In the EEZ off Florida, the rules and 
regulations applicable to the possession of spiny lobster traps in 
Florida's waters in Rule 68B-24.005(3), (4), and (5), Florida 
Administrative Code, in effect as of June 1, 1994 (incorporated by 
reference, see Sec. 622.413), apply in their entirety to the possession 
of spiny lobster traps in the EEZ off Florida. A spiny lobster trap, 
buoy, or rope in the EEZ off Florida, during periods not authorized in 
this paragraph will be considered derelict and may be disposed of in 
accordance with Rules 68B-55.002 and 68B-55.004 of the Florida 
Administrative Code, in effect as of October 15, 2007 (incorporated by 
reference, see Sec. 622.413). An owner of such trap, buoy, or rope 
remains subject to appropriate civil penalties.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the commercial and 
recreational fishing season, which is specified in paragraph (b)(1) of 
this section, beginning on August 1 and must be removed from the water 
after such season not later than April 5. A spiny lobster trap, buoy, or 
rope in the EEZ off the Gulf states, other than Florida, during periods 
not authorized in this paragraph will be considered unclaimed or 
abandoned property and may be disposed of in any manner considered 
appropriate by the Assistant Administrator or an authorized officer. An 
owner of such trap, buoy, or rope remains subject to appropriate civil 
penalties.
    (4) Possession of spiny lobsters. In the EEZ off Florida and the 
Gulf states, a whole or a part of a spiny lobster subject to these 
regulations may only be possessed during the commercial and recreational 
fishing season and the special recreational fishing season specified in 
Sec. 622.403, unless accompanied by proof of lawful harvest in the 
waters of a foreign nation. Consistent with the provisions of paragraphs 
(b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this 
area will not be deemed to be possessed provided such spiny lobster is 
returned immediately to the water unharmed when a trap is removed from 
the water between March 31 and April 15.
    (c) Primacy of seasonal restrictions in the EEZ off Florida. The 
seasonal restrictions applicable in the EEZ off Florida apply to all 
spiny lobsters and traps in the EEZ off Florida, without regard to 
harvest or use elsewhere, unless accompanied by proof of lawful harvest 
elsewhere.



Sec. 622.404  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) A spiny lobster may not be taken in the EEZ with a spear, hook, 
or similar device, or gear containing such devices. In the EEZ, the 
possession of a speared, pierced, or punctured spiny lobster is prima 
facie evidence that prohibited gear was used to take such lobster. Hook, 
as used in this paragraph (a), does not include a hook in a hook-and-
line fishery for species other than spiny lobster; and possession of a 
spiny lobster that has been speared, pierced, or punctured by such hook 
is not considered evidence that prohibited gear was used to take the 
spiny lobster, provided no prohibited gear is on board the vessel.
    (b) A spiny lobster may not be taken in a directed fishery by the 
use of a net or trawl. See Sec. 622.408(b)(4) for the bycatch limits 
applicable to a vessel that uses or has on board a net or trawl.
    (c) Poisons and explosives may not be used to take a spiny lobster 
in the

[[Page 402]]

EEZ. For the purposes of this paragraph (c), chlorine, bleach, and 
similar substances, which are used to flush a spiny lobster out of rocks 
or coral, are poisons. A vessel in the spiny lobster fishery may not 
possess on board in the EEZ any dynamite or similar explosive substance.



Sec. 622.405  Trap construction specifications and tending 
restrictions.

    (a) Construction specifications. In the EEZ, a spiny lobster trap 
may be no larger in dimension than 3 feet by 2 feet by 2 feet (91.4 cm 
by 61.0 cm by 61.0 cm), or the volume equivalent. A trap constructed of 
material other than wood must have a panel constructed of wood, cotton, 
or other material that will degrade at the same rate as a wooden trap. 
Such panel must be located in the upper half of the sides or on top of 
the trap, so that, when removed, there will be an opening in the trap no 
smaller than the diameter found at the throat or entrance of the trap.
    (b) Tending restrictions. (1) A spiny lobster trap in the EEZ may be 
pulled or tended during daylight hours only, that is, from 1 hour before 
official sunrise to 1 hour after official sunset.
    (2) A spiny lobster trap in the EEZ may be pulled or tended only by 
the owner's vessel, except that permission to pull or work traps 
belonging to another person may be granted--
    (i) For traps in the EEZ off Florida, by the Division of Law 
Enforcement, Florida Fish and Wildlife Conservation Commission, in 
accordance with the procedures in Rule 68B-24.006(7), Florida 
Administrative Code, in effect as of July 1, 2008 (incorporated by 
reference, see Sec. 622.413).
    (ii) For traps in the EEZ, other than off Florida, by the RA, as may 
be arranged upon written request.



Sec. 622.406  Areas closed to lobster trap gear.

    (a) Fishing with spiny lobster trap gear is prohibited year-round in 
the following areas bounded by rhumb lines connecting, in order, the 
points listed.
    (1) Lobster Trap Gear Closed Area 1.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.31'15.002`     81 deg.31'00.000`
B...........................  24 deg.31'15.002`     81 deg.31'19.994`
C...........................  24 deg.31'29.999`     81 deg.31'19.994`
D...........................  24 deg.31'29.999`     81 deg.31'00.000`
A...........................  24 deg.31'15.002`     81 deg.31'00.000`
------------------------------------------------------------------------

    (2) Lobster Trap Gear Closed Area 2.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.31'20.205`     81 deg.30'17.213`
B...........................  24 deg.31'17.858`     81 deg.30'27.700`
C...........................  24 deg.31'27.483`     81 deg.30'30.204`
D...........................  24 deg.31'29.831`     81 deg.30'19.483`
A...........................  24 deg.31'20.205`     81 deg.30'17.213`
------------------------------------------------------------------------

    (3) Lobster Trap Gear Closed Area 3.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.31'42.665`     81 deg.30'02.892`
B...........................  24 deg.31'45.013`     81 deg.29'52.093`
C...........................  24 deg.31'34.996`     81 deg.29'49.745`
D...........................  24 deg.31'32.335`     81 deg.30'00.466`
A...........................  24 deg.31'42.665`     81 deg.30'02.892`
------------------------------------------------------------------------

    (4) Lobster Trap Gear Closed Area 4.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.31'50.996`     81 deg.28'39.999`
B...........................  24 deg.31'50.996`     81 deg.29'03.002`
C...........................  24 deg.31'56.998`     81 deg.29'03.002`
D...........................  24 deg.31'56.998`     81 deg.28'39.999`
A...........................  24 deg.31'50.996`     81 deg.28'39.999`
------------------------------------------------------------------------

    (5) Lobster Trap Gear Closed Area 5.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.32'20.014`     81 deg.26'20.390`
B...........................  24 deg.32'13.999`     81 deg.26'41.999`
C...........................  24 deg.32'27.004`     81 deg.26'45.611`
D...........................  24 deg.32'33.005`     81 deg.26'23.995`
A...........................  24 deg.32'20.014`     81 deg.26'20.390`
------------------------------------------------------------------------

    (6) Lobster Trap Gear Closed Area 6.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.32'30.011`     81 deg.24'47.000`
B...........................  24 deg.32'23.790`     81 deg.24'56.558`
C...........................  24 deg.32'45.997`     81 deg.25'10.998`
D...........................  24 deg.32'52.218`     81 deg.25'01.433`
A...........................  24 deg.32'30.011`     81 deg.24'47.000`
------------------------------------------------------------------------

    (7) Lobster Trap Gear Closed Area 7.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.32'46.834`     81 deg.27'17.615`
B...........................  24 deg.32'41.835`     81 deg.27'35.619`
C...........................  24 deg.32'54.003`     81 deg.27'38.997`
D...........................  24 deg.32'59.002`     81 deg.27'21.000`
A...........................  24 deg.32'46.834`     81 deg.27'17.615`
------------------------------------------------------------------------

    (8) Lobster Trap Gear Closed Area 8.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'10.002`     81 deg.25'50.995`
B...........................  24 deg.33'04.000`     81 deg.26'18.996`

[[Page 403]]

 
C...........................  24 deg.33'17.253`     81 deg.26'21.839`
D...........................  24 deg.33'23.254`     81 deg.25'53.838`
A...........................  24 deg.33'10.002`     81 deg.25'50.995`
------------------------------------------------------------------------

    (9) Lobster Trap Gear Closed Area 9.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'22.004`     81 deg.30'31.998`
B...........................  24 deg.33'22.004`     81 deg.30'41.000`
C...........................  24 deg.33'29.008`     81 deg.30'41.000`
D...........................  24 deg.33'29.008`     81 deg.30'31.998`
A...........................  24 deg.33'22.004`     81 deg.30'31.998`
------------------------------------------------------------------------

    (10) Lobster Trap Gear Closed Area 10.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'33.004`     81 deg.30'00.000`
B...........................  24 deg.33'33.004`     81 deg.30'09.998`
C...........................  24 deg.33'41.999`     81 deg.30'09.998`
D...........................  24 deg.33'41.999`     81 deg.30'00.000`
A...........................  24 deg.33'33.004`     81 deg.30'00.000`
------------------------------------------------------------------------

    (11) Lobster Trap Gear Closed Area 11.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'50.376`     81 deg.23'35.039`
B...........................  24 deg.33'27.003`     81 deg.24'51.003`
C...........................  24 deg.33'40.008`     81 deg.24'54.999`
D...........................  24 deg.34'03.382`     81 deg.23'39.035`
A...........................  24 deg.33'50.376`     81 deg.23'35.039`
------------------------------------------------------------------------

    (12) Lobster Trap Gear Closed Area 12.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.34'00.003`     81 deg.19'29.996`
B...........................  24 deg.34'00.003`     81 deg.20'04.994`
C...........................  24 deg.34'24.997`     81 deg.20'04.994`
D...........................  24 deg.34'24.997`     81 deg.19'29.996`
A...........................  24 deg.34'00.003`     81 deg.19'29.996`
------------------------------------------------------------------------

    (13) Lobster Trap Gear Closed Area 13.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.35'19.997`     81 deg.14'25.002`
B...........................  24 deg.35'19.997`     81 deg.14'34.999`
C...........................  24 deg.35'29.006`     81 deg.14'34.999`
D...........................  24 deg.35'29.006`     81 deg.14'25.002`
A...........................  24 deg.35'19.997`     81 deg.14'25.002`
------------------------------------------------------------------------

    (14) Lobster Trap Gear Closed Area 14.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.44'37.004`     80 deg.46'47.000`
B...........................  24 deg.44'37.004`     80 deg.46'58.000`
C...........................  24 deg.44'47.002`     80 deg.46'58.000`
D...........................  24 deg.44'47.002`     80 deg.46'47.000`
A...........................  24 deg.44'37.004`     80 deg.46'47.000`
------------------------------------------------------------------------

    (15) Lobster Trap Gear Closed Area 15.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.49'53.946`     80 deg.38'17.646`
B...........................  24 deg.48'32.331`     80 deg.40'15.530`
C...........................  24 deg.48'44.389`     80 deg.40'23.879`
D...........................  24 deg.50'06.004`     80 deg.38'26.003`
A...........................  24 deg.49'53.946`     80 deg.38'17.646`
------------------------------------------------------------------------

    (16) Lobster Trap Gear Closed Area 16.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.53'32.085`     80 deg.33'22.065`
B...........................  24 deg.53'38.992`     80 deg.33'14.670`
C...........................  24 deg.53'31.673`     80 deg.33'07.155`
D...........................  24 deg.53'24.562`     80 deg.33'14.886`
A...........................  24 deg.53'32.085`     80 deg.33'22.065`
------------------------------------------------------------------------

    (17) Lobster Trap Gear Closed Area 17.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.53'33.410`     80 deg.32'50.247`
B...........................  24 deg.53'40.149`     80 deg.32'42.309`
C...........................  24 deg.53'32.418`     80 deg.32'35.653`
D...........................  24 deg.53'25.348`     80 deg.32'43.302`
A...........................  24 deg.53'33.410`     80 deg.32'50.247`
------------------------------------------------------------------------

    (18) Lobster Trap Gear Closed Area 18.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.54'06.317`     80 deg.32'34.115`
B...........................  24 deg.53'59.368`     80 deg.32'41.542`
C...........................  24 deg.54'06.667`     80 deg.32'48.994`
D...........................  24 deg.54'13.917`     80 deg.32'41.238`
A...........................  24 deg.54'06.317`     80 deg.32'34.115`
------------------------------------------------------------------------

    (19) Lobster Trap Gear Closed Area 19.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.54'06.000`     80 deg.31'33.995`
B...........................  24 deg.54'06.000`     80 deg.31'45.002`
C...........................  24 deg.54'36.006`     80 deg.31'45.002`
D...........................  24 deg.54'36.006`     80 deg.31'33.995`
A...........................  24 deg.54'06.000`     80 deg.31'33.995`
------------------------------------------------------------------------

    (20) Lobster Trap Gear Closed Area 20.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.56'21.104`     80 deg.28'52.331`
B...........................  24 deg.56'17.012`     80 deg.29'05.995`
C...........................  24 deg.56'26.996`     80 deg.29'08.996`
D...........................  24 deg.56'31.102`     80 deg.28'55.325`
A...........................  24 deg.56'21.104`     80 deg.28'52.331`
------------------------------------------------------------------------

    (21) Lobster Trap Gear Closed Area 21.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.56'53.006`     80 deg.27'46.997`

[[Page 404]]

 
B...........................  24 deg.56'21.887`     80 deg.28'25.367`
C...........................  24 deg.56'35.002`     80 deg.28'36.003`
D...........................  24 deg.57'06.107`     80 deg.27'57.626`
A...........................  24 deg.56'53.006`     80 deg.27'46.997`
------------------------------------------------------------------------

    (22) Lobster Trap Gear Closed Area 22.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.57'35.001`     80 deg.27'14.999`
B...........................  24 deg.57'28.011`     80 deg.27'21.000`
C...........................  24 deg.57'33.999`     80 deg.27'27.997`
D...........................  24 deg.57'40.200`     80 deg.27'21.106`
A...........................  24 deg.57'35.001`     80 deg.27'14.999`
------------------------------------------------------------------------

    (23) Lobster Trap Gear Closed Area 23.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.58'58.154`     80 deg.26'03.911`
B...........................  24 deg.58'48.005`     80 deg.26'10.001`
C...........................  24 deg.58'52.853`     80 deg.26'18.090`
D...........................  24 deg.59'03.002`     80 deg.26'11.999`
A...........................  24 deg.58'58.154`     80 deg.26'03.911`
------------------------------------------------------------------------

    (24) Lobster Trap Gear Closed Area 24.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.59'17.009`     80 deg.24'32.999`
B...........................  24 deg.58'41.001`     80 deg.25'21.998`
C...........................  24 deg.58'57.591`     80 deg.25'34.186`
D...........................  24 deg.59'33.598`     80 deg.24'45.187`
A...........................  24 deg.59'17.009`     80 deg.24'32.999`
------------------------------------------------------------------------

    (25) Lobster Trap Gear Closed Area 25.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.59'44.008`     80 deg.25'38.999`
B...........................  24 deg.59'27.007`     80 deg.25'48.997`
C...........................  24 deg.59'32.665`     80 deg.25'58.610`
D...........................  24 deg.59'49.666`     80 deg.25'48.612`
A...........................  24 deg.59'44.008`     80 deg.25'38.999`
------------------------------------------------------------------------

    (26) Lobster Trap Gear Closed Area 26.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.01'00.006`     80 deg.21'55.002`
B...........................  25 deg.01'00.006`     80 deg.22'11.996`
C...........................  25 deg.01'18.010`     80 deg.22'11.996`
D...........................  25 deg.01'18.010`     80 deg.21'55.002`
A...........................  25 deg.01'00.006`     80 deg.21'55.002`
------------------------------------------------------------------------

    (27) Lobster Trap Gear Closed Area 27.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.01'34.997`     80 deg.23'12.998`
B...........................  25 deg.01'18.010`     80 deg.23'44.000`
C...........................  25 deg.01'22.493`     80 deg.23'46.473`
D...........................  25 deg.01'36.713`     80 deg.23'37.665`
E...........................  25 deg.01'46.657`     80 deg.23'19.390`
A...........................  25 deg.01'34.997`     80 deg.23'12.998`
------------------------------------------------------------------------

    (28) Lobster Trap Gear Closed Area 28.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.01'38.005`     80 deg.21'25.998`
B...........................  25 deg.01'28.461`     80 deg.21'46.158`
C...........................  25 deg.01'45.009`     80 deg.21'53.999`
D...........................  25 deg.01'54.553`     80 deg.21'33.839`
A...........................  25 deg.01'38.005`     80 deg.21'25.998`
------------------------------------------------------------------------

    (29) Lobster Trap Gear Closed Area 29.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.01'53.001`     80 deg.23'08.995`
B...........................  25 deg.01'53.001`     80 deg.23'17.997`
C...........................  25 deg.02'01.008`     80 deg.23'17.997`
D...........................  25 deg.02'01.008`     80 deg.23'08.995`
A...........................  25 deg.01'53.001`     80 deg.23'08.995`
------------------------------------------------------------------------

    (30) Lobster Trap Gear Closed Area 30.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.02'20.000`     80 deg.22'11.001`
B...........................  25 deg.02'10.003`     80 deg.22'50.002`
C...........................  25 deg.02'22.252`     80 deg.22'53.140`
D...........................  25 deg.02'32.250`     80 deg.22'14.138`
A...........................  25 deg.02'20.000`     80 deg.22'11.001`
------------------------------------------------------------------------

    (31) Lobster Trap Gear Closed Area 31.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.02'29.503`     80 deg.20'30.503`
B...........................  25 deg.02'16.498`     80 deg.20'43.501`
C...........................  25 deg.02'24.999`     80 deg.20'52.002`
D...........................  25 deg.02'38.004`     80 deg.20'38.997`
A...........................  25 deg.02'29.503`     80 deg.20'30.503`
------------------------------------------------------------------------

    (32) Lobster Trap Gear Closed Area 32.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.02'34.008`     80 deg.21'57.000`
B...........................  25 deg.02'34.008`     80 deg.22'14.997`
C...........................  25 deg.02'50.007`     80 deg.22'14.997`
D...........................  25 deg.02'50.007`     80 deg.21'57.000`
A...........................  25 deg.02'34.008`     80 deg.21'57.000`
------------------------------------------------------------------------

    (33) Lobster Trap Gear Closed Area 33.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.03'11.294`     80 deg.21'36.864`
B...........................  25 deg.03'02.540`     80 deg.21'43.143`
C...........................  25 deg.03'08.999`     80 deg.21'51.994`
D...........................  25 deg.03'17.446`     80 deg.21'45.554`
A...........................  25 deg.03'11.294`     80 deg.21'36.864`
------------------------------------------------------------------------


[[Page 405]]

    (34) Lobster Trap Gear Closed Area 34.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.03'30.196`     80 deg.21'34.263`
B...........................  25 deg.03'39.267`     80 deg.21'29.506`
C...........................  25 deg.03'35.334`     80 deg.21'19.801`
D...........................  25 deg.03'26.200`     80 deg.21'24.304`
A...........................  25 deg.03'30.196`     80 deg.21'34.263`
------------------------------------------------------------------------

    (35) Lobster Trap Gear Closed Area 35.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.03'26.001`     80 deg.19'43.001`
B...........................  25 deg.03'26.001`     80 deg.19'54.997`
C...........................  25 deg.03'41.011`     80 deg.19'54.997`
D...........................  25 deg.03'41.011`     80 deg.19'43.001`
A...........................  25 deg.03'26.001`     80 deg.19'43.001`
------------------------------------------------------------------------

    (36) Lobster Trap Gear Closed Area 36.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.07'03.008`     80 deg.17'57.999`
B...........................  25 deg.07'03.008`     80 deg.18'10.002`
C...........................  25 deg.07'14.997`     80 deg.18'10.002`
D...........................  25 deg.07'14.997`     80 deg.17'57.999`
A...........................  25 deg.07'03.008`     80 deg.17'57.999`
------------------------------------------------------------------------

    (37) Lobster Trap Gear Closed Area 37.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.07'51.156`     80 deg.17'27.910`
B...........................  25 deg.07'35.857`     80 deg.17'37.091`
C...........................  25 deg.07'43.712`     80 deg.17'50.171`
D...........................  25 deg.07'59.011`     80 deg.17'40.998`
A...........................  25 deg.07'51.156`     80 deg.17'27.910`
------------------------------------------------------------------------

    (38) Lobster Trap Gear Closed Area 38.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.08'12.002`     80 deg.17'09.996`
B...........................  25 deg.07'55.001`     80 deg.17'26.997`
C...........................  25 deg.08'04.998`     80 deg.17'36.995`
D...........................  25 deg.08'22.000`     80 deg.17'20.000`
A...........................  25 deg.08'12.002`     80 deg.17'09.996`
------------------------------------------------------------------------

    (39) Lobster Trap Gear Closed Area 39.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.08'18.003`     80 deg.17'34.001`
B...........................  25 deg.08'18.003`     80 deg.17'45.997`
C...........................  25 deg.08'29.003`     80 deg.17'45.997`
D...........................  25 deg.08'29.003`     80 deg.17'34.001`
A...........................  25 deg.08'18.003`     80 deg.17'34.001`
------------------------------------------------------------------------

    (40) Lobster Trap Gear Closed Area 40.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.08'45.002`     80 deg.15'50.002`
B...........................  25 deg.08'37.999`     80 deg.15'56.998`
C...........................  25 deg.08'42.009`     80 deg.16'00.995`
D...........................  25 deg.08'48.999`     80 deg.15'53.998`
A...........................  25 deg.08'45.002`     80 deg.15'50.002`
------------------------------------------------------------------------

    (41) Lobster Trap Gear Closed Area 41.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.08'58.007`     80 deg.17'24.999`
B...........................  25 deg.08'58.007`     80 deg.17'35.999`
C...........................  25 deg.09'09.007`     80 deg.17'35.999`
D...........................  25 deg.09'09.007`     80 deg.17'24.999`
A...........................  25 deg.08'58.007`     80 deg.17'24.999`
------------------------------------------------------------------------

    (42) Lobster Trap Gear Closed Area 42.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.09'10.999`     80 deg.16'00.000`
B...........................  25 deg.09'10.999`     80 deg.16'09.997`
C...........................  25 deg.09'20.996`     80 deg.16'09.997`
D...........................  25 deg.09'20.996`     80 deg.16'00.000`
A...........................  25 deg.09'10.999`     80 deg.16'00.000`
------------------------------------------------------------------------

    (43) Lobster Trap Gear Closed Area 43.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.09'28.316`     80 deg.17'03.713`
B...........................  25 deg.09'14.006`     80 deg.17'17.000`
C...........................  25 deg.09'21.697`     80 deg.17'25.280`
D...........................  25 deg.09'36.006`     80 deg.17'12.001`
A...........................  25 deg.09'28.316`     80 deg.17'03.713`
------------------------------------------------------------------------

    (44) Lobster Trap Gear Closed Area 44.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.10'00.011`     80 deg.16'06.000`
B...........................  25 deg.10'00.011`     80 deg.16'17.000`
C...........................  25 deg.10'09.995`     80 deg.16'17.000`
D...........................  25 deg.10'09.995`     80 deg.16'06.000`
A...........................  25 deg.10'00.011`     80 deg.16'06.000`
------------------------------------------------------------------------

    (45) Lobster Trap Gear Closed Area 45.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.10'29.002`     80 deg.15'52.995`
B...........................  25 deg.10'29.002`     80 deg.16'04.002`
C...........................  25 deg.10'37.997`     80 deg.16'04.002`
D...........................  25 deg.10'37.997`     80 deg.15'52.995`
A...........................  25 deg.10'29.002`     80 deg.15'52.995`
------------------------------------------------------------------------

    (46) Lobster Trap Gear Closed Area 46.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.11'05.998`     80 deg.14'25.997`
B...........................  25 deg.11'05.998`     80 deg.14'38.000`
C...........................  25 deg.11'20.006`     80 deg.14'38.000`
D...........................  25 deg.11'20.006`     80 deg.14'25.997`
A...........................  25 deg.11'05.998`     80 deg.14'25.997`
------------------------------------------------------------------------


[[Page 406]]

    (47) Lobster Trap Gear Closed Area 47.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.12'00.998`     80 deg.13'24.996`
B...........................  25 deg.11'43.008`     80 deg.13'35.000`
C...........................  25 deg.11'48.007`     80 deg.13'44.002`
D...........................  25 deg.12'06.011`     80 deg.13'33.998`
A...........................  25 deg.12'00.998`     80 deg.13'24.996`
------------------------------------------------------------------------

    (48) Lobster Trap Gear Closed Area 48.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.12'18.343`     80 deg.14'32.768`
B...........................  25 deg.12'02.001`     80 deg.14'44.001`
C...........................  25 deg.12'07.659`     80 deg.14'52.234`
D...........................  25 deg.12'24.001`     80 deg.14'41.001`
A...........................  25 deg.12'18.343`     80 deg.14'32.768`
------------------------------------------------------------------------

    (49) Lobster Trap Gear Closed Area 49.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.15'23.998`     80 deg.12'29.000`
B...........................  25 deg.15'04.676`     80 deg.12'36.120`
C...........................  25 deg.15'09.812`     80 deg.12'50.066`
D...........................  25 deg.15'29.148`     80 deg.12'42.946`
A...........................  25 deg.15'23.998`     80 deg.12'29.000`
------------------------------------------------------------------------

    (50) Lobster Trap Gear Closed Area 50.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.16'01.997`     80 deg.12'32.996`
B...........................  25 deg.15'33.419`     80 deg.12'52.394`
C...........................  25 deg.15'44.007`     80 deg.13'08.001`
D...........................  25 deg.16'12.585`     80 deg.12'48.597`
A...........................  25 deg.16'01.997`     80 deg.12'32.996`
------------------------------------------------------------------------

    (51) Lobster Trap Gear Closed Area 51.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.16'33.006`     80 deg.13'30.001`
B...........................  25 deg.16'33.006`     80 deg.13'41.001`
C...........................  25 deg.16'34.425`     80 deg.13'41.026`
D...........................  25 deg.16'41.850`     80 deg.13'37.475`
E...........................  25 deg.16'42.001`     80 deg.13'30.001`
A...........................  25 deg.16'33.006`     80 deg.13'30.001`
------------------------------------------------------------------------

    (52) Lobster Trap Gear Closed Area 52.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.17'04.715`     80 deg.12'11.305`
B...........................  25 deg.16'17.007`     80 deg.12'27.997`
C...........................  25 deg.16'23.997`     80 deg.12'47.999`
D...........................  25 deg.17'11.705`     80 deg.12'31.300`
A...........................  25 deg.17'04.715`     80 deg.12'11.305`
------------------------------------------------------------------------

    (53) Lobster Trap Gear Closed Area 53.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.17'23.008`     80 deg.12'40.000`
B...........................  25 deg.17'23.008`     80 deg.12'49.997`
C...........................  25 deg.17'33.005`     80 deg.12'49.997`
D...........................  25 deg.17'33.005`     80 deg.12'40.000`
A...........................  25 deg.17'23.008`     80 deg.12'40.000`
------------------------------------------------------------------------

    (54) Lobster Trap Gear Closed Area 54.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.20'57.996`     80 deg.09'50.000`
B...........................  25 deg.20'57.996`     80 deg.10'00.000`
C...........................  25 deg.21'07.005`     80 deg.10'00.000`
D...........................  25 deg.21'07.005`     80 deg.09'50.000`
A...........................  25 deg.20'57.996`     80 deg.09'50.000`
------------------------------------------------------------------------

    (55) Lobster Trap Gear Closed Area 55.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.21'45.004`     80 deg.09'51.998`
B...........................  25 deg.21'38.124`     80 deg.09'56.722`
C...........................  25 deg.21'49.124`     80 deg.10'12.728`
D...........................  25 deg.21'56.004`     80 deg.10'07.997`
A...........................  25 deg.21'45.004`     80 deg.09'51.998`
------------------------------------------------------------------------

    (56) Lobster Trap Gear Closed Area 56.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.21'49.000`     80 deg.09'21.999`
B...........................  25 deg.21'49.000`     80 deg.09'31.996`
C...........................  25 deg.21'58.998`     80 deg.09'31.996`
D...........................  25 deg.21'58.998`     80 deg.09'21.999`
A...........................  25 deg.21'49.000`     80 deg.09'21.999`
------------------------------------------------------------------------

    (57) Lobster Trap Gear Closed Area 57.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.24'31.008`     80 deg.07'36.997`
B...........................  25 deg.24'31.008`     80 deg.07'48.999`
C...........................  25 deg.24'41.005`     80 deg.07'48.999`
D...........................  25 deg.24'41.005`     80 deg.07'36.997`
A...........................  25 deg.24'31.008`     80 deg.07'36.997`
------------------------------------------------------------------------

    (58) Lobster Trap Gear Closed Area 58.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.25'14.005`     80 deg.07'27.995`
B...........................  25 deg.25'14.005`     80 deg.07'44.001`
C...........................  25 deg.25'26.008`     80 deg.07'44.001`
D...........................  25 deg.25'26.008`     80 deg.07'27.995`
A...........................  25 deg.25'14.005`     80 deg.07'27.995`
------------------------------------------------------------------------

    (59) Lobster Trap Gear Closed Area 59.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.35'13.996`     80 deg.05'39.999`
B...........................  25 deg.35'13.996`     80 deg.05'50.999`
C...........................  25 deg.35'24.007`     80 deg.05'50.999`
D...........................  25 deg.35'24.007`     80 deg.05'39.999`

[[Page 407]]

 
A...........................  25 deg.35'13.996`     80 deg.05'39.999`
------------------------------------------------------------------------

    (60) Lobster Trap Gear Closed Area 60.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  25 deg.40'57.003`     80 deg.05'43.000`
B...........................  25 deg.40'57.003`     80 deg.05'54.000`
C...........................  25 deg.41'06.550`     80 deg.05'53.980`
D...........................  25 deg.41'18.136`     80 deg.05'49.158`
E...........................  25 deg.41'18.001`     80 deg.05'43.000`
A...........................  25 deg.40'57.003`     80 deg.05'43.000`
------------------------------------------------------------------------

    (b) [Reserved]



Sec. 622.407  Minimum size limits and other harvest limitations.

    (a) Minimum size limits. (1) Except as provided in paragraph (c) of 
this section--
    (i) No person may possess a spiny lobster in or from the EEZ with a 
carapace length of 3.0 inches (7.62 cm) or less; and
    (ii) A spiny lobster, harvested in the EEZ by means other than 
diving, with a carapace length of 3.0 inches (7.62 cm) or less must be 
returned immediately to the water unharmed.
    (2) No person may harvest or attempt to harvest a spiny lobster by 
diving in the EEZ unless he or she possesses, while in the water, a 
measuring device capable of measuring the carapace length. A spiny 
lobster captured by a diver must be measured in the water using such 
measuring device and, if the spiny lobster has a carapace length of 3.0 
inches (7.62 cm) or less, it must be released unharmed immediately 
without removal from the water.
    (3) Aboard a vessel authorized under paragraph (d) of this section 
to possess a separated spiny lobster tail, no person may possess in or 
from the EEZ a separated spiny lobster tail with a tail length less than 
5.5 inches (13.97 cm).
    (b) Berried lobsters. A berried (egg-bearing) spiny lobster in or 
from the EEZ must be returned immediately to the water unharmed. If 
found in a trap in the EEZ, a berried spiny lobster may not be retained 
in the trap. A berried spiny lobster in or from the EEZ may not be 
stripped of its eggs or otherwise molested. The possession of a spiny 
lobster, or part thereof, in or from the EEZ from which eggs, 
swimmerettes, or pleopods have been removed or stripped is prohibited.
    (c) Undersized attractants. A live spiny lobster under the minimum 
size limit specified in paragraph (a)(1) of this section that is 
harvested in the EEZ by a trap may be retained aboard the harvesting 
vessel for future use as an attractant in a trap provided it is held in 
a live well aboard the vessel. No more than fifty undersized spiny 
lobsters, and one per trap aboard the vessel, whichever is greater, may 
be retained aboard for use as attractants. The live well must provide a 
minimum of \3/4\ gallons (1.7 liters) of seawater per spiny lobster. An 
undersized spiny lobster so retained must be released to the water alive 
and unharmed immediately upon leaving the trap lines and prior to one 
hour after official sunset each day. No more than fifty undersized spiny 
lobsters and one per trap aboard the vessel, may be retained aboard for 
use as attractants.
    (d) Tail separation. (1) The possession aboard a fishing vessel of a 
separated spiny lobster tail in or from the EEZ, is authorized only when 
the possession is incidental to fishing exclusively in the EEZ on a trip 
of 48 hours or more and a valid Federal tail-separation permit, and 
either a valid Federal vessel permit for spiny lobster or a valid 
Florida Saltwater Products License with a valid Florida Restricted 
Species Endorsement and a valid Crawfish Endorsement, as specified in 
Sec. 622.400(a)(2), has been issued to and are on board the vessel.
    (2) Spiny lobster must be landed either all whole or all tailed on a 
single fishing trip.



Sec. 622.408  Bag/possession limits.

    (a) EEZ off the southern Atlantic states, other than Florida. The 
daily bag or possession limit for spiny lobster in or from the EEZ off 
the southern Atlantic states, other than Florida, is two per person for 
commercial and recreational fishing, year-round.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. Except as specified in 
paragraphs (b)(3) and (b)(4) of this section, during the commercial and 
recreational fishing season specified in Sec. 622.403(b)(1), the daily 
bag

[[Page 408]]

or possession limit of spiny lobster in or from the EEZ off Florida and 
off the Gulf states, other than Florida, is six per person.
    (2) Special recreational fishing seasons. During the special 
recreational fishing seasons specified in Sec. 622.403(b)(2), the daily 
bag or possession limit of spiny lobster--
    (i) In or from the EEZ off the Gulf states, other than Florida, is 
six per person;
    (ii) In or from the EEZ off Florida other than off Monroe County, 
Florida, is twelve per person; and
    (iii) In or from the EEZ off Monroe County, Florida, is six per 
person.
    (3) Exemption from the bag/possession limit. During the commercial 
and recreational fishing season specified in Sec. 622.403(b)(1), a 
person is exempt from the bag and possession limit specified in 
paragraph (b)(1) of this section, provided--
    (i) The harvest of spiny lobsters is by diving, or by the use of a 
bully net, hoop net, or spiny lobster trap; and
    (ii) The vessel from which the person is operating has on board the 
required licenses, certificates, or permits, as specified in Sec. 
622.400(a)(1).
    (4) Harvest by net or trawl. During the commercial and recreational 
fishing season specified in Sec. 622.403(b)(1), aboard a vessel with 
the required licenses, certificates, or permits specified in Sec. 
622.400(a)(1) that harvests spiny lobster by net or trawl or has on 
board a net or trawl, the possession of spiny lobster in or from the EEZ 
off Florida and off the Gulf states, other than Florida, may not exceed 
at any time 5 percent, whole weight, of the total whole weight of all 
fish lawfully in possession on board such vessel. If such vessel 
lawfully possesses a separated spiny lobster tail, the possession of 
spiny lobster in or from the EEZ may not exceed at any time 1.6 percent, 
by weight of the spiny lobster or parts thereof, of the total whole 
weight of all fish lawfully in possession on board such vessel. For the 
purposes of this paragraph (b)(4), the term ``net or trawl'' does not 
include a hand-held net, a loading or dip net, a bully net, or a hoop 
net.
    (5) Diving at night. The provisions of paragraph (b)(3) of this 
section notwithstanding, a person who harvests spiny lobster in the EEZ 
by diving at night, that is, from 1 hour after official sunset to 1 hour 
before official sunrise, is limited to the bag limit specified in 
paragraph (b)(1) of this section, whether or not a Federal vessel permit 
specified in Sec. 622.400(a)(1) has been issued to and is on board the 
vessel from which the diver is operating.
    (c) Combination of bag/possession limits. A person who fishes for or 
possesses spiny lobster in or from the EEZ under a bag or possession 
limit specified in paragraph (a) or (b) of this section may not combine 
the bag or possession limits of those paragraphs or combine such bag or 
possession limit with a bag or possession limit applicable to state 
waters.
    (d) Responsibility for bag/possession limits. The operator of a 
vessel that fishes for or possesses spiny lobster in or from the EEZ is 
responsible for the cumulative bag or possession limit specified in 
paragraphs (a) and (b) of this section applicable to that vessel, based 
on the number of persons aboard.
    (e) Transfer at sea. A person who fishes for or possesses spiny 
lobster in or from the EEZ under a bag or possession limit specified in 
paragraph (a) or (b) of this section may not transfer a spiny lobster at 
sea from a fishing vessel to any other vessel, and no person may receive 
at sea such spiny lobster.



Sec. 622.409  Spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. There are two 
minimum size limits that apply to importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands, and 
a more restrictive minimum size limit that applies to Puerto Rico and 
the U.S. Virgin Islands.
    (1) No person may import a spiny lobster with less than a 5-ounce 
(142-gram) tail weight into any place subject to the jurisdiction of the 
United States excluding Puerto Rico and the U.S. Virgin Islands. For the 
purposes of paragraph (a) of this section, a 5-ounce (142-gram) tail 
weight is defined as a tail that weighs 4.2-5.4 ounces (119-153

[[Page 409]]

grams). If the documentation accompanying an imported spiny lobster 
(including but not limited to product packaging, customs entry forms, 
bills of lading, brokerage forms, or commercial invoices) indicates that 
the product does not satisfy the minimum tail-weight requirement, the 
person importing such spiny lobster has the burden to prove that such 
spiny lobster actually does satisfy the minimum tail-weight requirement 
or that such spiny lobster has a tail length of 5.5 inches (13.97 cm) or 
greater or that such spiny lobster has or had a carapace length of 
greater than 3.0 inches (7.62 cm). If the imported product itself does 
not satisfy the minimum tail-weight requirement, the person importing 
such spiny lobster has the burden to prove that such spiny lobster has a 
tail length of 5.5 inches (13.97 cm) or greater or that such spiny 
lobster has or had a carapace length of greater than 3.0 inches (7.62 
cm). If the burden is satisfied, such spiny lobster will be considered 
to be in compliance with the minimum 5-ounce (142-gram) tail-weight 
requirement.
    (2) See Sec. 622.458 regarding a more restrictive minimum size 
limit that applies to spiny lobster imported into Puerto Rico or the 
U.S. Virgin Islands.
    (b) Additional spiny lobster import prohibitions--(1) Prohibition 
related to tail meat. No person may import into any place subject to the 
jurisdiction of the United States spiny lobster tail meat that is not in 
whole tail form with the exoskeleton attached.
    (2) Prohibitions related to egg-bearing spiny lobster. No person may 
import into any place subject to the jurisdiction of the United States 
spiny lobster with eggs attached or spiny lobster from which eggs or 
pleopods (swimmerets) have been removed or stripped. Pleopods 
(swimmerets) are the first five pairs of abdominal appendages.



Sec. 622.410  Restrictions within the Tortugas marine reserves.

    The following activities are prohibited within the Tortugas marine 
reserves: Fishing for any species and anchoring by fishing vessels.
    (a) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 24 deg.40'00` N. 
lat., 83 deg.06'00` W. long. to point B at 24 deg.46'00` N. lat., 
83 deg.06'00` W. long. to point C at 24 deg.46'00` N. lat., 
83 deg.00'00` W. long.; thence along the line denoting the seaward limit 
of Florida's waters, as shown on the current edition of NOAA chart 
11438, to point A at 24 deg.40'00` N. lat., 83 deg.06'00` W. long.
    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  24 deg.33'00`         83 deg.09'00`
B...........................  24 deg.33'00`         83 deg.05'00`
C...........................  24 deg.18'00`         83 deg.05'00`
D...........................  24 deg.18'00`         83 deg.09'00`
A...........................  24 deg.33'00`         83 deg.09'00`
------------------------------------------------------------------------



Sec. 622.411  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    For recreational and commercial spiny lobster landings combined, the 
ACL is 7.32 million lb (3.32 million kg), whole weight. The ACT is 6.59 
million lb, (2.99 million kg) whole weight.



Sec. 622.412  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic, the RA may establish or modify the following items:
    (a) Reporting and monitoring requirements, permitting requirements, 
bag and possession limits, size limits, vessel trip limits, closed 
seasons, closed areas, reopening of sectors that have been prematurely 
closed, annual catch limits (ACLs), annual catch targets (ACTs), quotas, 
accountability measures (AMs), maximum sustainable yield (or proxy), 
optimum yield, total allowable catch (TAC), management parameters such 
as overfished and overfishing definitions, gear restrictions, gear 
markings and identification, vessel identification requirements, 
acceptable biological catch (ABC) and ABC control rule, rebuilding 
plans, and restrictions relative to conditions of harvested fish (such 
as tailing lobster, undersized attractants, and use as bait).
    (b) [Reserved]

[[Page 410]]



Sec. 622.413  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under U.S.C. 
552(a) and 1 CFR part 51. These materials are incorporated as they exist 
on the date of approval and a notice of any change in these materials 
will be published in the Federal Register. This incorporation by 
reference was approved by the Director of the Office of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated as they exist on the date of approval and a 
notice of any change in these materials will be published in the Federal 
Register. All material incorporated by reference is available for 
inspection at the NMFS, Office of Sustainable Fisheries, Office of the 
RA, 1315 East-West Highway, Silver Spring, MD; and the National Archives 
and Records Administration (NARA), Office of the Federal Register, 800 
North Capitol Street NW., Suite 700, Washington, DC. For more 
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal-register/cfr/ibr-
locations.html.
    (b) Florida Administrative Code (F.A.C.): Florida Division of Marine 
Fisheries Management, 620 South Meridian Street, Tallahassee, FL 32399; 
telephone: 850-488-4676; http://laws.flrules.org.
    (1) F.A.C., Chapter 68B-12: King mackerel resource renewal, Rule 
68B-12.004: Bag limits, in effect as of July 15, 1996, IBR approved for 
Sec. 622.382(a).
    (2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.002: Definitions, in effect as of July 1, 2008, IBR 
approved for Sec. 622.400(a).
    (3) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.005: Seasons, in effect as of June 1, 2004, IBR 
approved for Sec. 622.403(b).
    (4) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper 
lobster, Rule 68B-24.006: Gear: Traps, Buoys, Identification 
Requirements, Prohibited Devices, in effect as of July 1, 2008, IBR 
approved for Sec. 622.402(a) and Sec. 622.405(b).
    (5) F.A.C., Chapter 68B-38: Shrimping and trapping: Closed areas and 
seasons, Rule 68B-38.001: Citrus-Hernando Shrimping and Trapping Closed 
Areas and Seasons, in effect as of March 1, 2005, IBR approved for Sec. 
622.55(e).
    (6) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.002: Retrieval of Trap Debris, in effect as of October 15, 
2007, IBR approved for Sec. 622.402(c), Sec. 622.403(b), and Sec. 
622.450(c).
    (7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, 
Rule 68B-55.004: Retrieval of Derelict and Traps Located in Areas 
Permanently Closed to Trapping, in effect as of October 15, 2007, IBR 
approved for Sec. 622.402(c), Sec. 622.403(b), and Sec. 622.450(c).
    (c) Florida Statute: Florida Division of Marine Fisheries 
Management, 620 South Meridian Street, Tallahassee, FL 32399; telephone: 
850-488-4676; http://www.leg.state.fl.us/Statutes/index.cfm.
    (1) Florida Statutes, Chapter 379: Fish and Wildlife Conservation, 
Part VII: Nonrecreational Licenses, Section 379.367: Spiny lobster; 
regulation, 379.367, in effect as of July 1, 2008, IBR approved for 
Sec. 622.402(a).
    (2) [Reserved]



Sec. 622.414  [Reserved]



Sec. 622.415  Limited exemption regarding harvest in waters of
a foreign nation.

    (a) An owner or operator of a vessel that has legally harvested 
spiny lobsters in the waters of a foreign nation and possesses spiny 
lobster, or separated tails, in the EEZ incidental to such foeign 
harvesting is exempt from the requirements of this subpart, except for 
Sec. 622.409 with which such an owner or operator must comply, provided 
proof of lawful harvest in the waters of a foreign nation accompanies 
such lobsters or tails.



Sec. 622.416  Restrictions on sale/purchase.

    (a) Spiny lobster harvested in or from the EEZ or adjoining state 
waters by a vessel that has a valid Federal commercial vessel permit for 
spiny lobster, as required under Sec. 622.400(a)(1), or a valid Federal 
tail-separation permit for spiny lobster, as required under Sec. 
622.400(a)(2), may be sold or transferred only to a dealer who has a 
valid Gulf and South Atlantic dealer permit, as required under Sec. 
622.400(a)(5).

[[Page 411]]

    (b) Spiny lobster harvested in or from the EEZ may be first received 
by a dealer who has a valid Gulf and South Atlantic dealer permit, as 
required under Sec. 622.400(a)(5), only from a vessel that has a valid 
Federal commercial vessel permit for spiny lobster or a valid Federal 
tail-separation permit for spiny lobster.

[79 FR 19497, Apr. 9, 2014]



 Subpart S_Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands



Sec. 622.430  Gear identification.

    (a) Fish traps and associated buoys. A fish trap used or possessed 
in the Caribbean EEZ must display the official number specified for the 
vessel by Puerto Rico or the U.S. Virgin Islands so as to be easily 
identified. Traps used in the Caribbean reef fish fishery that are 
fished individually, rather than tied together in a trap line, must have 
at least one buoy attached that floats on the surface. Traps used in the 
Caribbean reef fish fishery that are tied together in a trap line must 
have at least one buoy that floats at the surface attached at each end 
of the trap line. Each buoy must display the official number and color 
code assigned to the vessel by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable, so as to be easily distinguished, located, and 
identified.
    (b) Presumption of ownership of fish traps. A fish trap in the EEZ 
will be presumed to be the property of the most recently documented 
owner. This presumption will not apply with respect to such traps that 
are lost or sold if the owner reports the loss or sale within 15 days to 
the RA.
    (c) Disposition of unmarked fish traps or buoys. An unmarked fish 
trap or a buoy deployed in the EEZ where such trap or buoy is required 
to be marked is illegal and may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer.



Sec. 622.431  Trap construction specifications and tending restrictions.

    (a) Construction specifications--(1) Minimum mesh size. A bare-wire 
fish trap used or possessed in the EEZ that has hexagonal mesh openings 
must have a minimum mesh size of 1.5 inches (3.8 cm) in the smallest 
dimension measured between centers of opposite strands. A bare-wire fish 
trap used or possessed in the EEZ that has other than hexagonal mesh 
openings or a fish trap of other than bare wire, such as coated wire or 
plastic, used or possessed in the EEZ, must have a minimum mesh size of 
2.0 inches (5.1 cm) in the smallest dimension measured between centers 
of opposite strands.
    (2) Escape mechanisms. A fish trap used or possessed in the 
Caribbean EEZ must have a panel located on one side of the trap, 
excluding the top, bottom, and side containing the trap entrance. The 
opening covered by the panel must measure not less than 8 by 8 inches 
(20.3 by 20.3 cm). The mesh size of the panel may not be smaller than 
the mesh size of the trap. The panel must be attached to the trap with 
untreated jute twine with a diameter not exceeding \1/8\ inch (3.2 mm). 
An access door may serve as the panel, provided it is on an appropriate 
side, it is hinged only at its bottom, its only other fastening is 
untreated jute twine with a diameter not exceeding \1/8\ inch (3.2 mm), 
and such fastening is at the top of the door so that the door will fall 
open when such twine degrades. Jute twine used to secure a panel may not 
be wrapped or overlapped.
    (b) Tending restrictions. A fish trap in the Caribbean EEZ may be 
pulled or tended only by a person (other than an authorized officer) 
aboard the fish trap owner's vessel, or aboard another vessel if such 
vessel has on board written consent of the trap owner, or if the trap 
owner is aboard and has documentation verifying his identification 
number and color code. An owner's written consent must specify the time 
period such consent is effective and the trap owner's gear 
identification number and color code.



Sec. 622.432  Anchoring restriction.

    (a) The owner or operator of any fishing vessel, recreational or 
commercial, that fishes for or possesses Caribbean reef fish in or from 
the Caribbean EEZ must ensure that the vessel uses only an anchor 
retrieval system that recovers the anchor by its crown, thereby

[[Page 412]]

preventing the anchor from dragging along the bottom during recovery. 
For a grapnel hook, this could include an incorporated anchor rode 
reversal bar that runs parallel along the shank, which allows the rode 
to reverse and slip back toward the crown. For a fluke- or plow-type 
anchor, a trip line consisting of a line from the crown of the anchor to 
a surface buoy would be required.
    (b) [Reserved]



Sec. 622.433  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Poisons. A poison, drug, or other chemical may not be used to 
fish for Caribbean reef fish in the Caribbean EEZ.
    (b) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish. The possession of a mutilated Caribbean 
reef fish in or from the Caribbean EEZ and a powerhead is prima facie 
evidence that such fish was harvested by a powerhead.
    (c) Gillnets and trammel nets in the Caribbean EEZ. A gillnet or 
trammel net may not be used in the Caribbean EEZ to fish for Caribbean 
reef fish. Possession of a gillnet or trammel net and any Caribbean reef 
fish in or from the Caribbean EEZ is prima facie evidence of violation 
of this paragraph (c). A gillnet or trammel net used in the Caribbean 
EEZ to fish for any other species must be tended at all times.



Sec. 622.434  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) No person may fish for or possess goliath grouper and Nassau 
grouper in or from the Caribbean EEZ. Such fish caught in the Caribbean 
EEZ must be released immediately with a minimum of harm.
    (c) No person may fish for or possess midnight parrotfish, blue 
parrotfish, or rainbow parrotfish in or from the Caribbean EEZ. Such 
fish caught in the Caribbean EEZ must be released with a minimum of 
harm.



Sec. 622.435  Seasonal and area closures.

    (a) Seasonal closures--(1) Seasonal closures applicable to specific 
species only--(i) Red, black, tiger, yellowfin, or yellowedge grouper 
closure. From February 1 through April 30, each year, no person may fish 
for or possess red, black, tiger, yellowfin, or yellowedge grouper in or 
from the Caribbean EEZ. This prohibition on possession does not apply to 
such grouper harvested and landed ashore prior to the closure.
    (ii) Red hind closure. From December 1 through the last day of 
February, each year, no person may fish for or possess red hind in or 
from the Caribbean EEZ west of 67 deg.10' W. longitude. This prohibition 
on possession does not apply to red hind harvested and landed ashore 
prior to the closure.
    (iii) Vermilion, black, silk, or blackfin snapper closure. From 
October 1 through December 31, each year, no person may fish for or 
possess vermilion, black, silk, or blackfin snapper in or from the 
Caribbean EEZ. This prohibition on possession does not apply to such 
snapper harvested and landed ashore prior to the closure.
    (iv) Lane or mutton snapper closure. From April 1 through June 30, 
each year, no person may fish for or possess lane or mutton snapper in 
or from the Caribbean EEZ. This prohibition on possession does not apply 
to such snapper harvested and landed ashore prior to the closure.
    (2) Seasonal closures applicable to broad categories of fish or to 
all fishing--(i) Mutton snapper spawning aggregation area. From March 1 
through June 30, each year, fishing is prohibited in that part of the 
following area that is in the EEZ. The area is bounded by rhumb lines 
connecting, in order, the points listed.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  17 deg.37.8'          64 deg.53.0'
B...........................  17 deg.39.0'          64 deg.53.0'
C...........................  17 deg.39.0'          64 deg.50.5'
D...........................  17 deg.38.1'          64 deg.50.5'
E...........................  17 deg.37.8'          64 deg.52.5'
A...........................  17 deg.37.8'          64 deg.53.0'
------------------------------------------------------------------------


[[Page 413]]

    (ii) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in those parts of the 
following areas that are in the EEZ. Each area is bounded by rhumb lines 
connecting, in order, the points listed.
    (A) East of St. Croix.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  17 deg.50.2'          64 deg.27.9'
B...........................  17 deg.50.1'          64 deg.26.1'
C...........................  17 deg.49.2'          64 deg.25.8'
D...........................  17 deg.48.6'          64 deg.25.8'
E...........................  17 deg.48.1'          64 deg.26.1'
F...........................  17 deg.47.5'          64 deg.26.9'
A...........................  17 deg.50.2'          64 deg.27.9'
------------------------------------------------------------------------

    (B) West of Puerto Rico--(1) [Reserved]
    (2) Tourmaline Bank.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18 deg.11.2'          67 deg.22.4'
B...........................  18 deg.11.2'          67 deg.19.2'
C...........................  18 deg.08.2'          67 deg.19.2'
D...........................  18 deg.08.2'          67 deg.22.4'
A...........................  18 deg.11.2'          67 deg.22.4'
------------------------------------------------------------------------

    (3) Abrir La Sierra Bank.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18 deg.06.5'          67 deg.26.9'
B...........................  18 deg.06.5'          67 deg.23.9'
C...........................  18 deg.03.5'          67 deg.23.9'
D...........................  18 deg.03.5'          67 deg.26.9'
A...........................  18 deg.06.5'          67 deg.26.9'
------------------------------------------------------------------------

    (iii) Grammanik Bank closed area. (A) The Grammanik Bank closed area 
is bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18 deg.11.898'        64 deg.56.328'
B...........................  18 deg.11.645'        64 deg.56.225'
C...........................  18 deg.11.058'        64 deg.57.810'
D...........................  18 deg.11.311'        64 deg.57.913'
A...........................  18 deg.11.898'        64 deg.56.328'
------------------------------------------------------------------------

    (B) From February 1 through April 30, each year, no person may fish 
for or possess any species of fish, except highly migratory species, in 
or from the Grammanik Bank closed area. This prohibition on possession 
does not apply to such fish harvested and landed ashore prior to the 
closure. For the purpose of this paragraph, ``fish'' means finfish, 
mollusks, crustaceans, and all other forms of marine animal and plant 
life other than marine mammals and birds. ``Highly migratory species'' 
means bluefin, bigeye, yellowfin, albacore, and skipjack tunas; 
swordfish; sharks (listed in Appendix A to part 635 of this title); and 
white marlin, blue marlin, sailfish, and longbill spearfish.
    (iv) Bajo de Sico closed area. (A) The Bajo de Sico closed area is 
bounded by rhumb lines connecting, in order the following points:

------------------------------------------------------------------------
           Point A                 North lat.            West long.
------------------------------------------------------------------------
A...........................  18 deg.15.7'          67 deg.26.4'
B...........................  18 deg.15.7'          67 deg.23.2'
C...........................  18 deg.12.7'          67 deg.23.2'
D...........................  18 deg.12.7'          67 deg.26.4'
A...........................  18 deg.15.7'          67 deg.26.4'
------------------------------------------------------------------------

    (B) From October 1 through March 31, each year, no person may fish 
for or possess any Caribbean reef fish, as listed in Table 2 of Appendix 
A to part 622, in or from those parts of the Bajo de Sico closed area 
that are in the EEZ. The prohibition on possession does not apply to 
such Caribbean reef fish harvested and landed ashore prior to the 
closure.
    (b) Year-round closures--(1) Hind Bank Marine Conservation District 
(MCD). The following activities are prohibited within the Hind Bank MCD: 
Fishing for any species and anchoring by fishing vessels. The Hind Bank 
MCD is bounded by rhumb lines connecting, in order, the points listed.

------------------------------------------------------------------------
            Point                  North lat.            West long.
------------------------------------------------------------------------
A...........................  18 deg.13.2'          65 deg.06.0'
B...........................  18 deg.13.2'          64 deg.59.0'
C...........................  18 deg.11.8'          64 deg.59.0'
D...........................  18 deg.10.7'          65 deg.06.0'
A...........................  18 deg.13.2'          65 deg.06.0'
------------------------------------------------------------------------

    (2) Areas closed year-round to certain fishing gear. Fishing with 
pots, traps, bottom longlines, gillnets or trammel nets is prohibited 
year-round in the closed areas specified in paragraphs (a)(2)(i), (ii), 
(iii), and (iv) of this section.
    (3) Anchoring prohibition year-round in Bajo de Sico. Anchoring, by 
fishing vessels, is prohibited year-round in those parts of the Bajo de 
Sico closed area, described in paragraph (a)(2)(iv) of this section, 
that are in the EEZ.



Sec. 622.436  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. A fish not in compliance

[[Page 414]]

with its size limit, as specified in this section, in or from the 
Caribbean EEZ, may not be possessed, sold, or purchased. A fish not in 
compliance with its size limit must be released immediately with a 
minimum of harm. The operator of a vessel that fishes in the EEZ is 
responsible for ensuring that fish on board are in compliance with the 
size limits specified in this section. See Sec. 622.10 regarding 
requirements for landing fish intact.
    (a) Yellowtail snapper. The minimum size limit for yellowtail 
snapper is 12 inches (30.5 cm), TL.
    (b) Parrotfishes. The minimum size limit for parrotfishes, except 
for redband parrotfish, in the St. Croix Management Area only (as 
defined in table 2 of appendix E to part 622) is 9 inches (22.9 cm), 
fork length. See Sec. 622.434(c) for the current prohibition on the 
harvest and possession of midnight parrotfish, blue parrotfish, or 
rainbow parrotfish.
    (c) Redband parrotfish. The minimum size limit for red band 
parrotfish in the St. Croix Management Area only (as defined in table 2 
of appendix E to part 622) is 8 inches (20.3 cm), fork length.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 45896, July 30, 2013]



Sec. 622.437  Bag limits.

    (a) Applicability. Section 622.11(a) provides the general 
applicability for bag and possession limits. However, Sec. 622.11(a)(1) 
notwithstanding, the bag limits of paragraph (b) of this section do not 
apply to a person who has a valid commercial fishing license issued by 
Puerto Rico or the U.S. Virgin Islands.
    (b) Bag limits. (1) Groupers, snappers, and parrotfishes combined--5 
per person per day or, if 3 or more persons are aboard, 15 per vessel 
per day; but not to exceed 2 parrotfish per person per day or 6 
parrotfish per vessel per day.
    (2) Other reef fish species combined--5 per person per day or, if 3 
or more persons are aboard, 15 per vessel per day, but not to exceed 1 
surgeonfish per person per day or 4 surgeonfish per vessel per day.



Sec. 622.438  Restrictions on sale/purchase.

    (a) Live red hind or live mutton snapper. A live red hind or live 
mutton snapper in or from the Caribbean EEZ may not be sold or purchased 
and used in the marine aquarium trade.
    (b) [Reserved]



Sec. 622.439  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    See Sec. 622.12 for applicable ACLs and AMs.



Sec. 622.440  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin 
Islands, the RA may establish or modify the following items:
    (a) Fishery management units (FMUs), quotas, trip limits, bag 
limits, size limits, closed seasons or areas, gear restrictions, fishing 
years, MSY, OY, TAC, maximum fishing mortality threshold (MFMT), minimum 
stock size threshold (MSST), overfishing limit (OFL), acceptable 
biological catch (ABC) control rules, ACLs, AMs, ACTs, and actions to 
minimize the interaction of fishing gear with endangered species or 
marine mammals.
    (b) [Reserved]



   Subpart T_Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin 
                                 Islands



Sec. 622.450  Gear identification.

    (a) Caribbean spiny lobster traps and associated buoys. A Caribbean 
spiny lobster trap used or possessed in the Caribbean EEZ must display 
the official number specified for the vessel by Puerto Rico or the U.S. 
Virgin Islands so as to be easily identified. Traps used in the 
Caribbean spiny lobster fishery that are fished individually, rather 
than tied together in a trap line, must have at least one buoy attached 
that floats on the surface. Traps used in the Caribbean spiny lobster 
fishery that are tied together in a trap line must have at least one 
buoy that floats at the surface attached at each end of the

[[Page 415]]

trap line. Each buoy must display the official number and color code 
assigned to the vessel by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable, so as to be easily distinguished, located, and 
identified.
    (b) Presumption of ownership of Caribbean spiny lobster traps. A 
Caribbean spiny lobster trap in the EEZ will be presumed to be the 
property of the most recently documented owner. This presumption will 
not apply with respect to such traps that are lost or sold if the owner 
reports the loss or sale within 15 days to the RA.
    (c) Disposition of unmarked Caribbean spiny lobster traps or buoys. 
An unmarked Caribbean spiny lobster trap or a buoy deployed in the EEZ 
where such trap or buoy is required to be marked is illegal and may be 
disposed of in any appropriate manner by the Assistant Administrator or 
an authorized officer. In the EEZ off Florida, during times other than 
the authorized fishing season, a Caribbean spiny lobster trap, buoy, or 
any connecting lines will be considered derelict and may be disposed of 
in accordance with Rules 68B-55.002 and 68B-55.004 of the Florida 
Administrative Code, in effect as of October 15, 2007 (incorporated by 
reference, see Sec. 622.413).



Sec. 622.451  Trap construction specifications and tending 
restrictions.

    (a) Construction specifications--(1) Escape mechanisms. A spiny 
lobster trap used or possessed in the Caribbean EEZ must contain on any 
vertical side or on the top a panel no smaller in diameter than the 
throat or entrance of the trap. The panel must be made of or attached to 
the trap by one of the following degradable materials:
    (i) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to tyre 
palm, hemp, jute, cotton, wool, or silk.
    (ii) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) [Reserved]
    (b) Tending restrictions. A Caribbean spiny lobster trap in the 
Caribbean EEZ may be pulled or tended only by a person (other than an 
authorized officer) aboard the spiny lobster trap owner's vessel, or 
aboard another vessel if such vessel has on board written consent of the 
trap owner, or if the trap owner is aboard and has documentation 
verifying his identification number and color code. An owner's written 
consent must specify the time period such consent is effective and the 
trap owner's gear identification number and color code.



Sec. 622.452  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Spears and hooks. A spear, hook, or similar device may not be 
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The 
possession of a speared, pierced, or punctured Caribbean spiny lobster 
in or from the Caribbean EEZ is prima facie evidence of violation of 
this section.
    (b) Gillnets and trammel nets in the Caribbean EEZ. A gillnet or 
trammel net may not be used in the Caribbean EEZ to fish for Caribbean 
spiny lobster. Possession of a gillnet or trammel net and any Caribbean 
spiny lobster in or from the Caribbean EEZ is prima facie evidence of 
violation of this paragraph (b). A gillnet or trammel net used in the 
Caribbean EEZ to fish for any other species must be tended at all times.



Sec. 622.453  Prohibition on harvest of egg-bearing spiny lobster.

    (a) Egg-bearing spiny lobster in the Caribbean EEZ must be returned 
to the water unharmed. An egg-bearing spiny lobster may be retained in a 
trap, provided the trap is returned immediately to the water. An egg-
bearing spiny lobster may not be stripped, scraped, shaved, clipped, or 
in any other manner molested, in order to remove the eggs.
    (b) [Reserved]



Sec. 622.454  Minimum size limit.

    (a) The minimum size limit for Caribbean spiny lobster is 3.5 inches 
(8.9 cm), carapace length.
    (b) A spiny lobster not in compliance with its size limit, as 
specified in this section, in or from the Caribbean EEZ,

[[Page 416]]

may not be possessed, sold, or purchased and must be released 
immediately with a minimum of harm. The operator of a vessel that fishes 
in the EEZ is responsible for ensuring that spiny lobster on board are 
in compliance with the size limit specified in this section.



Sec. 622.455  Landing spiny lobster intact.

    (a) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (b) The operator of a vessel that fishes in the EEZ is responsible 
for ensuring that spiny lobster on that vessel in the EEZ are maintained 
intact and, if taken from the EEZ, are maintained intact through 
offloading ashore, as specified in this section.



Sec. 622.456  Bag limits.

    (a) Applicability. Section 622.11(a) provides the general 
applicability for bag and possession limits. However, Sec. 622.11(a)(1) 
notwithstanding, the bag limit of paragraph (b) of this section does not 
apply to a person who has a valid commercial fishing license issued by 
Puerto Rico or the U.S. Virgin Islands.
    (b) Bag limit. The bag limit for spiny lobster in or from the 
Caribbean EEZ is 3 per person per day, not to exceed 10 per vessel per 
day, whichever is less.



Sec. 622.457  Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).

    See Sec. 622.12 for applicable ACLs and AMs.



Sec. 622.458  Caribbean spiny lobster import prohibitions.

    (a) Minimum size limits for imported spiny lobster. There are two 
minimum size limits that apply to importation of spiny lobster into the 
United States--one that applies any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands, and 
a more restrictive minimum size limit that applies to Puerto Rico and 
the U.S. Virgin Islands.
    (1) No person may import a Caribbean spiny lobster with less than a 
6-ounce (170-gram) tail weight into Puerto Rico or the U.S. Virgin 
Islands. For the purposes of paragraph (a) of this section, a 6-ounce 
(170-gram) tail weight is defined as a tail that weighs 5.9-6.4 ounces 
(167-181 grams). If the documentation accompanying an imported Caribbean 
spiny lobster (including but not limited to product packaging, customs 
entry forms, bills of lading, brokerage forms, or commercial invoices) 
indicates that the product does not satisfy the minimum tail-weight, the 
person importing such Caribbean spiny lobster has the burden to prove 
that such Caribbean spiny lobster actually does satisfy the minimum 
tail-weight requirement or that such Caribbean spiny lobster has a tail 
length of 6.2 inches (15.75 cm) or greater or that such Caribbean spiny 
lobster has or had a carapace length of 3.5 inches (8.89 cm) or greater. 
If the imported product itself does not satisfy the minimum tail-weight 
requirement, the person importing such Caribbean spiny lobster has the 
burden to prove that such Caribbean spiny lobster has a tail length of 
6.2 inches (15.75 cm) or greater or that such Caribbean spiny lobster 
has or had a carapace length of 3.5 inches (8.89 cm) or greater. If the 
burden is satisfied such Caribbean spiny lobster will be considered to 
be in compliance with the minimum 6-ounce (170-gram) tail-weight 
requirement.
    (2) See Sec. 622.409 regarding the minimum size limit that applies 
to spiny lobster imported into any place subject to the jurisdiction of 
the United States other than Puerto Rico or the U.S. Virgin Islands.
    (b) Additional Caribbean spiny lobster import prohibitions--(1) 
Prohibition related to tail meat. No person may import into any place 
subject to the jurisdiction of the United States Caribbean spiny lobster 
tail meat that is not in whole tail form with the exoskeleton attached.
    (2) Prohibitions related to egg-bearing spiny lobster. No person may 
import into any place subject to the jurisdiction of the United States 
Caribbean spiny lobster with eggs attached or Caribbean spiny lobster 
from which eggs or pleopods (swimmerets) have been removed or stripped. 
Pleopods (swimmerets) are the first five pairs of abdominal appendages.

[[Page 417]]



Sec. 622.459  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin 
Islands, the RA may establish or modify the following items:
    (a) Fishery management unit (FMU), quotas, trip limits, bag limits, 
size limits, closed seasons or areas, gear restrictions, fishing years, 
MSY, OY, TAC, maximum fishing mortality threshold (MFMT), minimum stock 
size threshold (MSST), overfishing limit (OFL), acceptable biological 
catch (ABC) control rules, ACLs, AMs, ACTs, and actions to minimize the 
interaction of fishing gear with endangered species or marine mammals.
    (b) [Reserved]



Subpart U_Corals and Reef Associated Plants and Invertebrates of Puerto 
                    Rico and the U.S. Virgin Islands



Sec. 622.470  Permits.

    See Sec. 622.4 of this part for information regarding general 
permit procedures including, but not limited to fees, duration, 
transfer, renewal, display, sanctions and denials, and replacement.
    (a) Required permits--(1) Prohibited coral. A Federal permit may be 
issued to take or possess Caribbean prohibited coral only as scientific 
research activity, exempted fishing, or exempted educational activity. 
See Sec. 600.745 of this chapter for the procedures and limitations for 
such activities and fishing.
    (2) [Reserved]
    (b) Application. (1) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit.
    (2) An applicant must provide the following:
    (i) Name, address, telephone number, and other identifying 
information of the applicant.
    (ii) Name and address of any affiliated company, institution, or 
organization.
    (iii) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (iv) Any other information that may be necessary for the issuance or 
administration of the permit.



Sec. 622.471  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource.
    (b) [Reserved]



Sec. 622.472  Prohibited species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Caribbean prohibited coral. Caribbean prohibited coral may not 
be fished for or possessed in or from the Caribbean EEZ. The taking of 
Caribbean prohibited coral in the Caribbean EEZ is not considered 
unlawful possession provided it is returned immediately to the sea in 
the general area of fishing.



Sec. 622.473  Restrictions on sale/purchase.

    (a) Caribbean prohibited coral. (1) No person may sell or purchase a 
Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that it 
was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.
    (iii) The port and date of landing the Caribbean prohibited coral.

[[Page 418]]

    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S. 
Virgin Islands.
    (b) [Reserved]



Sec. 622.474  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for Corals and Reef Associated Plants and Invertebrates of Puerto 
Rico and the U.S. Virgin Islands, the RA may establish or modify the 
following items:
    (a) Fishery management units (FMUs), quotas, trip limits, bag 
limits, size limits, closed seasons or areas, gear restrictions, fishing 
years, MSY, OY, TAC, MFMT, MSST, OFL, ABC control rules, ACLs, AMs, 
ACTs, and actions to minimize the interaction of fishing gear with 
endangered species or marine mammals.
    (b) [Reserved]



   Subpart V_Queen Conch Resources of Puerto Rico and the U.S. Virgin 
                                 Islands



Sec. 622.490  Prohibited gear and methods.

    Also see Sec. 622.9 for additional prohibited gear and methods that 
apply more broadly to multiple fisheries or in some cases all fisheries.
    (a) In the Caribbean EEZ, no person may harvest queen conch by 
diving while using a device that provides a continuous air supply from 
the surface.
    (b) [Reserved]



Sec. 622.491  Seasonal and area closures.

    (a) No person may fish for or possess on board a fishing vessel a 
Caribbean queen conch in or from the Caribbean EEZ, except from November 
1 through May 31 in the area east of 64 deg.34' W. longitude which 
includes Lang Bank east of St. Croix, U.S. Virgin Islands.
    (b) Pursuant to the procedures and criteria established in the FMP 
for Queen Conch Resources in Puerto Rico and the U.S. Virgin Islands, 
when the ACL, as specified in Sec. 622.12(a)(2)(i)(A), is reached or 
projected to be reached, the Regional Administrator will close the 
Caribbean EEZ to the harvest and possession of queen conch, in the area 
east of 64 deg.34' W. longitude which includes Lang Bank, east of St. 
Croix, U.S. Virgin Islands, by filing a notification of closure with the 
Office of the Federal Register. During the closure, no person may fish 
for or possess on board a fishing vessel, a Caribbean queen conch, in or 
from the Caribbean EEZ, in the area east of 64 deg.34' W. longitude 
which includes Lang Bank, east of St. Croix, U.S. Virgin Islands.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 56173, Sept. 12, 2013]



Sec. 622.492  Minimum size limit.

    (a) The minimum size limit for Caribbean queen conch is either 9 
inches (22.9 cm) in length, that is, from the tip of the spire to the 
distal end of the shell, or 3/8 inch (9.5 mm) in lip width at its widest 
point.
    (b) A Caribbean queen conch not in compliance with its size limit, 
as specified in this section, in or from the Caribbean EEZ, may not be 
possessed, sold, or purchased and must be released immediately with a 
minimum of harm. The operator of a vessel that fishes in the EEZ is 
responsible for ensuring that Caribbean queen conch on board are in 
compliance with the size limit specified in this section.

[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 29168, May 11, 2016]



Sec. 622.493  Landing Caribbean queen conch intact.

    (a) A Caribbean queen conch in or from the Caribbean EEZ must be 
maintained with meat and shell intact.
    (b) The operator of a vessel that fishes in the EEZ is responsible 
for ensuring that Caribbean queen conch on that vessel in the EEZ are 
maintained intact and, if taken from the EEZ, are maintained intact 
through offloading ashore, as specified in this section.



Sec. 622.494  Bag limit.

    (a) Applicability. Section 622.11(a) provides the general 
applicability for bag and possession limits. However, Sec. 622.11(a)(1) 
notwithstanding, the bag limit of paragraph (b) of this section does not 
apply to a person who has a

[[Page 419]]

valid commercial fishing license issued by Puerto Rico or the U.S. 
Virgin Islands.
    (b) Bag limit. The bag limit for queen conch in or from the 
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12 
per boat.



Sec. 622.495  Commercial trip limit.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ.
    (a) Applicability. The trip limit of paragraph (b) of this section 
applies to a vessel that has at least one person on board with a valid 
commercial fishing license issued by Puerto Rico or the U.S. Virgin 
Islands. If no person on board the vessel has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands, the bag limit 
specified in Sec. 622.494(b) applies.
    (b) Trip limit. The trip limit for queen conch in or from the 
Caribbean EEZ is 200 queen conch per day.

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 56173, Sept. 12, 2013]



Sec. 622.496  Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).

    See Sec. 622.12 for applicable ACLs and AMs.



Sec. 622.497  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin 
Islands, the RA may establish or modify the following items:
    (a) Quotas, trip limits, bag limits, size limits, closed seasons or 
areas, gear restrictions, fishing year, MSY, OY, TAC, MFMT, MSST, OFL, 
ABC control rules, ACLs, AMs, ACTs, and actions to minimize the 
interaction of fishing gear with endangered species or marine mammals.
    (b) [Reserved]



               Sec. Appendix A to Part 622--Species Tables

    Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources

I. Coelenterates--Phylum Coelenterata
    A. Hydrocorals--Class Hydrozoa
    1. Hydroids--Order Anthoathecata
    Family Milleporidae
    Millepora spp., Fire corals
    Family Stylasteridae
    Stylaster roseus, Rose lace corals
    B. Anthozoans--Class Anthozoa
    1. Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briareidae
    Briareum asbestinum, Corky sea finger
    Family Clavulariidae
    Carijoa riisei
    Telesto spp.
    2. Gorgonian corals--Order Gorgonacea
    Family Ellisellidae
    Ellisella spp., Sea whips
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan
    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata
    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis spp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore

[[Page 420]]

    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    3. Hard Corals--Order Scleractinia
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricites, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Caryophylliidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral
    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    4. Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
II. [Reserved]
Aquarium Trade Species in the Caribbean Coral FMP
I. Sponges--Phylum Porifera
    A. Demosponges--Class Demospongiae
    Amphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cinachyrella alloclada
    Geodia neptuni, Potato sponge
    Haliclona spp., Finger sponge
    Myriastra spp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella plicifera
    S. vaginalis
    Tethya crypta
II. Coelenterates--Phylum Coelenterata
    A. Anthozoans--Class Anthozoa
    1. Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Heteractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    2. Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    3. False Corals--Order Corallimorpharia
    Discosoma spp. (formerly Rhodactis), False coral
    Ricordea florida, Florida false coral
III. Annelid Worms--Phylum Annelida
    A. Polychaetes--Class Polychaeta
    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
    A. Gastropods--Class Gastropoda
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug
    Family Olividae
    Oliva reticularis, Netted olive
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    B. Bivalves--Class Bivalvia
    Family Limidae
    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster
    C. Cephalopods--Class Cephalopoda
    1. Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)
    V. Arthropods--Phylum Arthropoda
    A. Crustaceans--Subphylum Crustacea
    1. Decapods--Order Decapoda
    Family Alpheidae
    Alpheus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit

[[Page 421]]

    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp
    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
VI. Echinoderms--Phylum Echinodermata
    A. Feather stars--Class Crinoidea
    Analcidometra armata, Swimming crinoid
    Davidaster spp., Crinoids
    Nemaster spp., Crinoids
    B. Sea stars--Class Asteroidea
    Astropecten spp., Sand stars
    Linckia guildingii, Common comet star
    Ophidiaster guildingii, Comet star
    Oreaster reticulatus, Cushion sea star
    C. Brittle and basket stars--Class Ophiuroidea
    Astrophyton muricatum, Giant basket star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    D. Sea Urchins--Class Echinoidea
    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg
    E. Sea Cucumbers--Class Holothuroidea
    Holothuria spp., Sea cucumbers
VII. Chordates--Phylum Chordata
    A. Tunicates--Subphylum Urochordata

         Table 2 of Appendix A to Part 622--Caribbean Reef Fish

    Lutjanidae--Snappers
Unit 1
    Black snapper, Apsilus dentatus
    Blackfin snapper, Lutjanus buccanella
    Silk snapper, Lutjanus vivanus
    Vermilion snapper, Rhomboplites aurorubens
    Wenchman, Pristipomoides aquilonaris
Unit 2
    Cardinal, Pristipomoides macrophthalmus
    Queen snapper, Etelis oculatus
Unit 3
    Gray snapper, Lutjanus griseus
    Lane snapper, Lutjanus synagris
    Mutton snapper, Lutjanus analis
    Dog snapper, Lutjanus jocu
    Schoolmaster, Lutjanus apodus
    Mahogany snapper, Lutjanus mahogoni
Unit 4
    Yellowtail snapper, Ocyurus chrysurus
Serranidae--Sea basses and Groupers
Unit 1
    Nassau Grouper, Epinephelus striatus
Unit 2
    Goliath grouper, Epinephelus itajara
Unit 3
    Coney, Epinephelus fulvus
    Graysby, Epinephelus cruentatus
    Red hind, Epinephelus guttatus
    Rock hind, Epinephelus adscensionis
Unit 4
    Black grouper, Mycteroperca bonaci
    Red grouper, Epinephelus morio
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Unit 5
    Misty grouper, Epinephelus mystacinus
    Yellowedge grouper, Epinephelus flavolimbatus
Haemulidae--Grunts
    White grunt, Haemulon plumierii
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Bluestriped grunt, Haemulon sciurus
    French grunt, Haemulon flavolineatum
    Porkfish, Anisotremus virginicus
Mullidae--Goatfishes
    Spotted goatfish, Pseudupeneus maculatus
    Yellow goatfish, Mulloidichthys martinicus
Sparidae--Porgies
    Jolthead porgy, Calamus bajonado
    Sea bream, Archosargus rhomboidalis
    Sheepshead porgy, Calamus penna
    Pluma, Calamus pennatula
Holocentridae--Squirrelfishes
    Blackbar soldierfish, Myripristis jacobus
    Bigeye, Priacanthus arenatus
    Longspine squirrelfish, Holocentrus rufus
    Squirrelfish, Holocentrus adscensionis
Malacanthidae--Tilefishes
    Blackline tilefish, Caulolatilus cyanops
    Sand tilefish, Malacanthus plumieri
Carangidae--Jacks
    Blue runner, Caranx crysos
    Horse-eye jack, Caranx latus
    Black jack, Caranx lugubris
    Almaco jack, Seriola rivoliana
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Yellow jack, Caranx bartholomaei
Scaridae--Parrotfishes
    Blue parrotfish, Scarus coeruleus
    Midnight parrotfish, Scarus coelestinus
    Princess parrotfish, Scarus taeniopterus
    Queen parrotfish, Scarus vetula
    Rainbow parrotfish, Scarus guacamaia
    Redfin parrotfish, Sparisoma rubripinne
    Redtail parrotfish, Sparisoma chrysopterum
    Stoplight parrotfish, Sparisoma viride
    Redband parrotfish, Sparisoma aurofrenatum
    Striped parrotfish, Scarus croicensis
Acanthuridae--Surgeonfishes
    Blue tang, Acanthurus coeruleus
    Ocean surgeonfish, Acanthurus bahianus
    Doctorfish, Acanthurus chirurgus
Balistidae--Triggerfishes
    Ocean triggerfish, Canthidermis sufflamen

[[Page 422]]

    Queen triggerfish, Balistes vetula
    Sargassum triggerfish, Xanthichthys ringens
Monacanthidae--Filefishes
    Scrawled filefish, Aluterus scriptus
    Whitespotted filefish, Cantherhines macrocerus
    Black durgon, Melichthys niger
Ostraciidae--Boxfishes
    Honeycomb cowfish, Lactophrys polygonia
    Scrawled cowfish, Lactophrys quadricornis
    Trunkfish, Lactophrys trigonus
    Spotted trunkfish, Lactophrys bicaudalis
    Smooth trunkfish, Lactophrys triqueter
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
    Puddingwife, Halichoeres radiatus
    Spanish hogfish, Bodianus rufus
Pomacanthidae--Angelfishes
    Queen angelfish, Holacanthus ciliaris
    Gray angelfish, Pomacanthus arcuatus
    French angelfish, Pomacanthus paru
    Aquarium Trade Species in the Caribbean Reef Fish FMP:
    Frogfish, Antennarius spp.
    Flamefish, Apogon maculatus
    Conchfish, Astrapogon stellatus
    Redlip blenny, Ophioblennius atlanticus
    Peacock flounder, Bothus lunatus
    Longsnout butterflyfish, Chaetodon aculeatus
    Foureye butterflyfish, Chaetodon capistratus
    Spotfin butterflyfish, Chaetodon ocellatus
    Banded butterflyfish, Chaetodon striatus
    Redspotted hawkfish, Amblycirrhitus pinos
    Flying gurnard, Dactylopterus volitans
    Atlantic spadefish, Chaetodipterus faber
    Neon goby, Gobiosoma oceanops
    Rusty goby, Priolepis hipoliti
    Royal gramma, Gramma loreto
    Creole wrasse, Clepticus parrae
    Yellowcheek wrasse, Halichoeres cyanocephalus
    Yellowhead wrasse, Halichoeres garnoti
    Clown wrasse, Halichoeres maculipinna
    Pearly razorfish, Hemipteronotus novacula
    Green razorfish, Hemipteronotus splendens
    Bluehead wrasse, Thalassoma bifasciatum
    Chain moray, Echidna catenata
    Green moray, Gymnothorax funebris
    Goldentail moray, Gymnothorax miliaris
    Batfish, Ogcocephalus spp.
    Goldspotted eel, Myrichthys ocellatus
    Yellowhead jawfish, Opistognathus aurifrons
    Dusky jawfish, Opistognathus whitehursti
    Cherubfish, Centropyge argi
    Rock beauty, Holacanthus tricolor
    Sergeant major, Abudefduf saxatilis
    Blue chromis, Chromis cyanea
    Sunshinefish, Chromis insolata
    Yellowtail damselfish, Microspathodon chrysurus
    Dusky damselfish, Pomacentrus fuscus
    Beaugregory, Pomacentrus leucostictus
    Bicolor damselfish, Pomacentrus partitus
    Threespot damselfish, Pomacentrus planifrons
    Glasseye snapper, Priacanthus cruentatus
    High-hat, Equetus acuminatus
    Jackknife-fish, Equetus lanceolatus
    Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
    Butter hamlet, Hypoplectrus unicolor
    Swissguard basslet, Liopropoma rubre
    Greater soapfish, Rypticus saponaceus
    Orangeback bass, Serranus annularis
    Lantern bass, Serranus baldwini
    Tobaccofish, Serranus tabacarius
    Harlequin bass, Serranus tigrinus
    Chalk bass, Serranus tortugarum
    Caribbean tonguefish, Symphurus arawak
    Seahorses, Hippocampus spp.
    Pipefishes, Syngnathus spp.
    Sand diver, Synodus intermedius
    Sharpnose puffer, Canthigaster rostrata
    Porcupinefish, Diodon hystrix

            Table 3 of Appendix A to Part 622--Gulf Reef Fish

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Goldface tilefish, Caulolatilus chrysops
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Goliath grouper, Epinephelus itajara
    Red grouper, Epinephelus morio
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa

   Table 4 of Appendix A to Part 622--South Atlantic Snapper- Grouper

Balistidae--Triggerfishes

[[Page 423]]

    Gray triggerfish, Balistes capriscus
Carangidae--Jacks
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Sailor's choice, Haemulon parrai
    White grunt, Haemulon plumieri
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray snapper, Lutjanus griseus
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blueline tilefish, Caulolatilus microps
    Golden tilefish, Lopholatilus chamaeleonticeps
    Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
    Wreckfish, Polyprion americanus
Serranidae--Groupers
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Goliath grouper, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses:
    Black sea bass, Centropristis striata
Sparidae--Porgies
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus pagrus
    Scup, Stenotomus chrysops

The following species are designated as ecosystem component species:

    Cottonwick, Haemulon melanurum
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Longspine porgy, Stenotomus caprinus
    Ocean triggerfish, Canthidermis sufflamen

      Table 5 of Appendix A to Part 622--Caribbean Conch Resources

Queen conch, Strombus gigas

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 33256, June 4, 2013; 78 
FR 49185; 78 FR 78776, Dec. 27, 2013; 81 FR 32254, May 23, 2016]



                 Sec. Appendix B to Part 622--Gulf Areas

 Table 1 of Appendix B to Part 622--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area
------------------------------------------------------------------------
 Point Number and reference
        location \1\               North lat.            West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's  24 deg.48.0'          82 deg.48.0'
 waters north of Dry
 Tortugas.
2 North of Rebecca Shoal....  25 deg.07.5'          82 deg.34.0'
3 Off Sanibel Island--        26 deg.26.0'          82 deg.59.0'
 Offshore.
4 West of Egmont Key........  27 deg.30.0'          83 deg.21.5'
5 Off Anclote Keys--Offshore  28 deg.10.0'          83 deg.45.0'
6 Southeast corner of         28 deg.11.0'          84 deg.00.0'
 Florida Middle Ground.
7 Southwest corner of         28 deg.11.0'          84 deg.07.0'
 Florida Middle Ground.
8 West corner of Florida      28 deg.26.6'          84 deg.24.8'
 Middle Ground.
9 Northwest corner of         28 deg.42.5'          84 deg.24.8'
 Florida Middle Ground.
10 South of Carrabelle......  29 deg.05.0'          84 deg.47.0'
11 South of Cape St. George.  29 deg.02.5'          85 deg.09.0'
12 South of Cape San Blas     29 deg.21.0'          85 deg.30.0'
 lighted bellbuoy--20
 fathoms.
13 South of Cape San Blas     28 deg.58.7'          85 deg.30.0'
 lighted bell buoy--50
 fathoms.
14 De Soto Canyon...........  30 deg.06.0'          86 deg.55.0'
15 South of Pensacola.......  29 deg.46.0'          87 deg.19.0'
16 South of Perdido Bay.....  29 deg.29.0'          87 deg.27.5'
17 East of North Pass of the  29 deg.14.5'          88 deg.28.0'
 Mississippi River.
18 South of Southwest Pass    28 deg.46.5'          89 deg.26.0'
 of the Mississippi River.
19 Northwest tip of           28 deg.38.5'          90 deg.08.5'
 Mississippi Canyon.
20 West side of Mississippi   28 deg.34.5'          89 deg.59.5'
 Canyon.
21 South of Timbalier Bay...  28 deg.22.5'          90 deg.02.5'
22 South of Terrebonne Bay..  28 deg.10.5'          90 deg.31.5'
23 South of Freeport........  27 deg.58.0'          95 deg.00.0'
24 Off Matagorda Island.....  27 deg.43.0'          96 deg.02.0'

[[Page 424]]

 
25 Off Aransas Pass.........  27 deg.30.0'          96 deg.23.5'
26 Northeast of Port          27 deg.00.0'          96 deg.39.0'
 Mansfield.
27 East of Port Mansfield...  26 deg.44.0'          96 deg.37.5'
28 Northeast of Port Isabel.  26 deg.22.0'          96 deg.21.0'
29 U.S./Mexico EEZ boundary.  26 deg.00.5'          96 deg.24.5'
Thence westerly along U.S./
 Mexico EEZ boundary to the
 seaward limit of Texas'
 waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


 Table 2 of Appendix B to Part 622--Seaward Coordinates of the Stressed
                                  Area
------------------------------------------------------------------------
 Point Number and reference
        location \1\               North lat.            West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's  24 deg.45.5'          82 deg.41.5'
 waters northeast of Dry
 Tortugas.
2 North of Marquesas Keys...  24 deg.48.0'          82 deg.06.5'
3 Off Cape Sable............  25 deg.15.0'          82 deg.02.0'
4 Off Sanibel Island--        26 deg.26.0'          82 deg.29.0'
 Inshore.
5 Off Sanibel Island--        26 deg.26.0'          82 deg.59.0'
 Offshore.
6 West of Egmont Key........  27 deg.30.0'          83 deg.21.5'
7 Off Anclote Keys--Offshore  28 deg.10.0'          83 deg.45.0'
8 Off Anclote Keys--Inshore.  28 deg.10.0'          83 deg.14.0'
9 Off Deadman Bay...........  29 deg.38.0'          84 deg.00.0'
10 Seaward limit of           29 deg.35.5'          84 deg.38.6'
 Florida's waters east of
 Cape St. George.
Thence westerly along the
 seaward limit of Florida's
 waters to:
11 Seaward limit of           29 deg.32.2'          85 deg.27.1'
 Florida's waters south of
 Cape San Blas.
12 Southwest of Cape San      29 deg.30.5'          85 deg.52.0'
 Blas.
13 Off St. Andrew Bay.......  29 deg.53.0'          86 deg.10.0'
14 De Soto Canyon...........  30 deg.06.0'          86 deg.55.0'
15 South of Florida/Alabama   29 deg.34.5'          87 deg.38.0'
 border.
16 Off Mobile Bay...........  29 deg.41.0'          88 deg.00.0'
17 South of Alabama/          30 deg.01.5'          88 deg.23.7'
 Mississippi border.
18 Horn/Chandeleur Islands..  30 deg.01.5'          88 deg.40.5'
19 Chandeleur Islands.......  29 deg.35.5'          88 deg.37.0'
20 Seaward limit of           29 deg.16.3'          89 deg.00.0'
 Louisiana's waters off
 North Pass of the
 Mississippi River.
Thence southerly and
 westerly along the seaward
 limit of Louisiana's waters
 to:
21 Seaward limit of           28 deg.57.3'          89 deg.28.2'
 Louisiana's waters off
 Southwest Pass of the
 Mississippi River.
22 Southeast of Grand Isle..  29 deg.09.0'          89 deg.47.0'
23 Quick flashing horn buoy   28 deg.32.5'          90 deg.42.0'
 south of Isles Dernieres.
24 Southeast of Calcasieu     29 deg.10.0'          92 deg.37.0'
 Pass.
25 South of Sabine Pass--10   29 deg.09.0'          93 deg.41.0'
 fathoms.
26 South of Sabine Pass--30   28 deg.21.5'          93 deg.28.0'
 fathoms.
27 East of Aransas Pass.....  27 deg.49.0'          96 deg.19.5'
28 East of Baffin Bay.......  27 deg.12.0'          96 deg.51.0'
29 Northeast of Port          26 deg.46.5'          96 deg.52.0'
 Mansfield.
30 Northeast of Port Isabel.  26 deg.21.5'          96 deg.35.0'
31 U.S./Mexico EEZ boundary.  26 deg.00.5'          96 deg.36.0'
Thence westerly along U.S./
 Mexico EEZ boundary to the
 seaward limit of Texas'
 waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


[[Page 425]]



          Sec. Appendix C to Part 622--Fish Length Measurements
[GRAPHIC] [TIFF OMITTED] TR17AP13.000


[[Page 426]]


[GRAPHIC] [TIFF OMITTED] TR17AP13.001



     Sec. Appendix D to Part 622--Specifications for Certified BRDs

    A. Extended Funnel.
    1. Description. The extended funnel BRD consists of an extension 
with large-mesh webbing in the center (the large-mesh escape section) 
and small-mesh webbing on each end held open by a semi-rigid hoop. A 
funnel of small-mesh webbing is placed inside the extension to form a 
passage for shrimp to the cod end. It also creates an area of reduced 
water flow to allow for fish escapement through the large mesh. One side 
of the funnel is extended vertically to form a lead panel and area of 
reduced water flow. There are two sizes of extended funnel BRDs, a 
standard size and an inshore size for small trawls.
    2. Minimum Construction and Installation Requirements for Standard 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\5/8\ inch (4.13 
cm), No. 30 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\

[[Page 427]]

meshes deep. The back section is 120 meshes around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) in length by 95 inches (241.3 cm) in circumference. The leading edge 
is attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm), 
stretched mesh, No. 30 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 34 to 36 inches 
(86.4 to 91.4 cm) long and the opposite side of the funnel extends an 
additional 22 to 24 inches (55.9 to 61.0 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large-mesh escape section. The extension webbing must be laced to 
the ring around the entire circumference and must be equally distributed 
on the hoop, that is, 30 meshes must be evenly attached to each 
quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.2.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The cod end of the trawl net is attached 
to the trailing edge of the BRD.
    3. Minimum Construction and Installation Requirements for Inshore 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\3/8\ inch (3.5 
cm), No. 18 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes 
around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) by 75 inches (190.5 cm) in circumference. The leading edge is 
attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm), 
stretched mesh, No. 18 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 30 to 32 inches 
(76.2 to 81.3 cm) long and the opposite side of the funnel extends an 
additional 20 to 22 inches (50.8 to 55.9 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large mesh section. The extension webbing must be laced to the 
ring around the entire circumference and must be equally distributed on 
the hoop, that is, 30 meshes must be evenly attached to each quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The cod end of the trawl net is attached 
to the trailing edge of the BRD.
    B. Expanded Mesh. The expanded mesh BRD is constructed and installed 
exactly the same as the standard size extended funnel BRD, except that 
one side of the funnel is not extended to form a lead panel.
    C. Fisheye.

[[Page 428]]

    1. Description. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch (6.35-mm) 
diameter, which is inserted into the cod end to form an escape opening.
    2. Minimum Construction and Installation Requirements. The fisheye 
has a minimum escape opening dimension of 5 inches (12.7 cm) and a 
minimum total escape opening area of 36 in\2\ (91.4 cm\2\). When the 
fisheye BRD is installed, no part of the lazy line attachment system 
(i.e., any mechanism, such as elephant ears or choker straps, used to 
attach the lazy line to the cod end) may overlap the fisheye escape 
opening when the fisheye is installed aft of the attachment point of the 
cod end retrieval system.
    (a) In the Gulf EEZ, the fisheye BRD must be installed at the top 
center of the cod end of the trawl to create an opening in the trawl 
facing in the direction of the mouth of the trawl no further forward 
than 9 ft (2.7 m) from the cod end drawstring (tie-off rings).
    (b) In the South Atlantic EEZ, the fisheye BRD must be installed at 
the top center of the cod end of the trawl to create an escape opening 
in the trawl facing the direction of the mouth of the trawl no further 
forward than 11 ft (3.4 m) from the cod end tie-off rings.
    D. Gulf fisheye.
    1. Description. The Gulf fisheye is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch (6.35-mm) 
diameter, which is inserted into the top center of the cod end, and is 
offset not more than 15 meshes perpendicular to the top center of the 
cod end to form an escape opening.
    2. Minimum Construction and Installation Requirements. The Gulf 
fisheye has a minimum escape opening dimension of 5 inches (12.7 cm) and 
a minimum total escape opening area of 36 in\2\ (91.4 cm\2\). To be used 
in the South Atlantic EEZ, the Gulf fisheye BRD must be installed in the 
cod end of the trawl to create an escape opening in the trawl, facing in 
the direction of the mouth of the trawl, no less than 8.5 ft (2.59 m) 
and no further forward than 12.5 ft (3.81 m) from the cod end tie-off 
rings, and may be offset no more than 15 meshes perpendicular to the top 
center of the cod end. When the Gulf fisheye BRD is installed, no part 
of the lazy line attachment system (i.e., any mechanism, such as 
elephant ears or choker straps, used to attach the lazy line to the cod 
end) may overlap the fisheye escape opening when the fisheye is 
installed aft of the attachment point of the cod end retrieval system.
    E. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded mesh 
and the extended funnel BRDs except that the fish escape openings are 
windows cut around the funnel rather than large-mesh sections. In 
addition, a webbing cone fish deflector is installed behind the funnel.
    2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1\5/8\-inch (3.5-cm) stretch mesh number 30 nylon 
42 meshes by 120 meshes. A tube is formed from the extension webbing by 
sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed 
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The 
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a \3/8\-inch (0.95-cm) die 
to form a hoop. The inside diameter of this hoop must be between 27 and 
29 inches (68.6 and 73.7 cm). The hoop must be attached to the extension 
webbing 17\1/2\ meshes behind the leading edge. The extension webbing 
must be quartered and attached in four places around the hoop, and every 
other mesh must be attached all the way around the hoop using number 24 
twine or larger. The hoop must be laced with \3/8\-inch (0.95-cm) 
polypropylene or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) hoop. A single hoop must be constructed of 
either number 60 twine 80 inches (203.2 cm) in length or \3/8\-inch 
(0.95-cm) steel cable 75\1/2\ inches (191.8 cm) in length. If twine is 
used, the twine must be laced in and out of the extension webbing 39 
meshes behind the leading edge, and the ends must be tied together. If 
cable is used, the cable must be joined at its ends by a 3-inch (7.6-cm) 
piece of \3/8\-inch (0.95-cm) aluminum pipe and pressed together with a 
\1/4\-inch (0.64-cm) die to form a hoop. The inside diameter of this 
hoop must be between 23 and 25 inches (58.4 and 63.4 cm). The hoop must 
be attached to the extension webbing 39 meshes behind the leading edge. 
The extension webbing must be quartered and attached in four places 
around the hoop, and every other mesh must be attached all the way 
around the hoop using number 24 twine or larger. The hoop must be laced 
with \3/8\-inch (0.95-cm) polypropylene or polyethylene rope for 
chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 
1\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29\1/2\ meshes on the leading edge by 23 meshes deep. The top and 
bottom sections are 29\1/2\ meshes on the leading edge by 23 meshes deep 
and tapered 1 point 2 bars on both sides down to 8 meshes across the 
back. The four sections must be sewn together down the 23-mesh edge to 
form the funnel.
    (e) Attachment of the funnel in the webbing extension. The funnel 
must be installed two meshes behind the leading edge of the extension 
starting at the center seam of the extension and the center mesh of the 
funnel's

[[Page 429]]

top section leading edge. On the same row of meshes, the funnel must be 
sewn evenly all the way around the inside of the extension. The funnel's 
top and bottom back edges must be attached one mesh behind the 28-inch 
(71.1-cm) cable hoop (front hoop). Starting at the top center seam, the 
back edge of the top funnel section must be attached four meshes each 
side of the center. Counting around 60 meshes from the top center, the 
back edge of the bottom section must be attached 4 meshes on each side 
of the bottom center. Clearance between the side of the funnel and the 
28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches 
(15.2 cm) when measured in the hanging position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior edge 
of the turtle excluder device (TED) grid. The area of the escape opening 
must total at least 864 in\2\ (5,574.2 cm\2\). Two escape openings 10 
meshes wide by 13 meshes deep must be cut 6 meshes apart in the 
extension webbing, starting at the top center extension seam, 3 meshes 
back from the leading edge and 16 meshes to the left and to the right 
(total of four openings). The four escape openings must be double 
selvaged for strength.
    (g) Alternative Method for Constructing the Funnel and Escape 
Openings. The following method for constructing the funnel and escape 
openings may be used instead of the method described in paragraphs 
F.2.d., F.2.e., and F.2.f. of this section. With this alternative 
method, the funnel and escape openings are formed by cutting a flap in 
each side of the extension webbing; pushing the flaps inward; and 
attaching the top and bottom edges along the bars of the extension 
webbing to form the v-shape of the funnel. Minimum requirements 
applicable to this method include: The funnel's top and bottom back 
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop 
(front hoop); clearance between the side of the funnel and the 28-inch 
(71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 cm) 
when measured in the hanging position; the leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior edge 
of the turtle excluder device (TED) grid; and, the area of the escape 
opening must total at least 864 in\2\ (5,574.2 cm\2\). To construct the 
funnel and escape openings using this method, begin 3\1/2\ meshes from 
the leading edge of the extension, at the top center seam, count over 18 
meshes on each side, and cut 13 meshes toward the back of the extension. 
Turn parallel to the leading edge, and cut 26 meshes toward the bottom 
center of the extension. Next, turn parallel to the top center seam, and 
cut 13 meshes forward toward the leading edge, creating a flap of 
webbing 13 meshes by 26 meshes by 13 meshes. Lengthen the flap to 18 
meshes by adding a 4\1/2\-mesh by 26-mesh rectangular section of webbing 
to the 26-mesh edge. Attach the 18-mesh edges to the top and bottom of 
the extension by sewing 2 bars of the extension to 1 mesh on the flap in 
toward the top center and bottom center of the extension, forming the 
exit opening and the funnel. Connect the two flaps together in the 
center with a 7-inch piece of number 42 twine to allow adequate 
clearance for fish escapement between the flaps and the side openings. 
On each side, sew a 6-mesh by 10\1/2\-mesh section of webbing to 6 
meshes of the center of the 26-mesh cut on the extension and 6 meshes 
centered between the 13-mesh cuts 3\1/2\ meshes from the leading edge. 
This forms two 10-mesh by 13-mesh openings on each side.
    (h) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1\5/8\-inch (4.13-cm) polypropylene or polyethylene webbing, 
40 meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 10-14 inches (25.4-35.6 
cm) of the posterior edge of the funnel.
    (i) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) 
cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 
3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed 
together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the way 
around with heavy twine.
    (j) Installation of the cone in the extension. The cone must be 
installed in the extension 12 inches (30.5 cm) behind the back edge of 
the funnel and attached in four places. The midpoint of a piece of 
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine must be attached to the 28-inch (71.1-cm) 
cable hoop at the center of each of its sides; the points of attachment 
for the two pieces of twine must be measured 20 inches (50.8 cm) from 
the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine 
must be attached to the top and bottom of the 11-inch (27.9-cm) cone 
hoop. The opposite ends of these two pieces of twine must be attached to 
the top and bottom center of the 24-inch (61-cm) cable hoop; the points 
of attachment for the two pieces of twine must be measured 4 inches 
(10.2 cm) from the points where they are tied to the 11-inch (27.9-cm) 
cone hoop.
    F. Modified Jones-Davis.
    1. Description. The Modified Jones-Davis BRD is a variation to the 
alternative funnel construction method of the Jones-Davis BRD except the 
funnel is assembled by using depth-stretched and heat-set polyethylene 
webbing instead of the flaps formed from the

[[Page 430]]

extension webbing. In addition, no hoops are used to hold the BRD open.
    2. Minimum Construction and Installation Requirements. The Modified 
Jones-Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single rectangular piece of 1\5/8\-inch (4.1-cm) stretch mesh 
number 30 nylon with dimensions of 39\1/2\ meshes by 150 meshes. A tube 
is formed from the extension webbing by sewing the 39\1/2\-mesh-sides 
together.
    (b) Funnel. The funnel must be constructed from two sections of 1\5/
8\-inch (4.1-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 25 meshes on the leading edge by 21 meshes deep. The 25-mesh 
leading edge of each polyethylene webbing section must be sewn evenly 
two meshes in from the front of the extension webbing starting 25 meshes 
from the top center on each side. The 21-mesh edge must be sewn to the 
extension webbing on a 9-bar and 1-mesh angle in the top and bottom, 
forming a V-shape funnel.
    (c) Cutting the escape opening. The leading edge of the escape 
openings must be located within 18 inches (45.7 cm) of the posterior 
edge of the turtle excluder device (TED) grid. The area of the escape 
opening must total at least 635 in\2\ (4,097 cm\2\). Two escape 
openings, 6 meshes wide by 12 meshes deep, must be cut 4 meshes apart in 
the extension webbing, starting at the top center extension seam, 7 
meshes back from the leading edge, and 30 meshes to the left and to the 
right (total of four openings). The four escape openings must be double 
selvaged for strength.
    (d) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1\5/8\-inch (4.1-cm) polypropylene or polyethylene webbing, 40 
meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 12 inches (30.5 cm) of the 
posterior edge of the funnel.
    (e) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) 
cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 
3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed 
together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the way 
around with heavy twine.
    (f) Installation of the cone in the extension. The apex of the cone 
must be installed in the extension within 12 inches (30.5 cm) behind the 
back edge of the funnel and attached in four places. The midpoint of a 
piece of number 60 twine (or at least 4-mesh wide strip of number 21 or 
heavier webbing) 3 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine or webbing must be attached within 5 
meshes of the aft edge of the funnel at the center of each of its sides. 
Two 12-inch (30.5-cm) pieces of number 60 (or heavier) twine must be 
attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The 
opposite ends of these two pieces of twine must be attached to the top 
and bottom center of the extension webbing to keep the cone from 
inverting into the funnel.
    G. [Reserved]
    H. Cone Fish Deflector Composite Panel. 1. Description. The Cone 
Fish Deflector Composite Panel BRD is a variation to the alternative 
funnel construction method of the Jones-Davis BRD, except the funnel is 
assembled by using depth-stretched and heat-set polyethylene webbing 
with square mesh panels on the inside instead of the flaps formed from 
the extension webbing. In addition, no hoops are used to hold the BRD 
open.
    2. Minimum Construction and Installation Requirements. The Cone Fish 
Deflector Composite Panel BRD must contain all of the following:
    (a) Webbing extension. The webbing extension must be constructed 
from a single rectangular piece of 1\1/2\-inch to 1\3/4\-inch (3.8-cm to 
4.5-cm) stretch mesh with dimensions of 24\1/2\ meshes by 150 to 160 
meshes. A tube is formed from the extension webbing piece by sewing the 
24\1/2\-mesh sides together. The leading edge of the webbing extension 
must be attached no more than 4 meshes from the posterior edge of the 
TED grid.
    (b) Funnel. The V-shaped funnel consists of two webbing panels 
attached to the extension along the leading edge of the panels. The top 
and bottom edges of the panels are sewn diagonally across the extension 
toward the center to form the funnel. The panels are 2-ply in design, 
each with an inner layer of 1\1/2\-inch to 1\5/8\-inch (3.8-cm to 4.1-
cm) heat-set and depth-stretched polyethylene webbing and an outer layer 
constructed of no larger than 2-inch (5.1-cm) square mesh webbing (1-
inch bar). The inner webbing layer must be rectangular in shape, 36 
meshes on the leading edge by 20 meshes deep. The 36-mesh leading edges 
of the polyethylene webbing should be sewn evenly to 24 meshes of the 
extension webbing 1\1/2\ meshes from and parallel to the leading edge of 
the extension starting 12 meshes up from the bottom center on each side. 
Alternately sew 2 meshes of the polyethylene webbing to 1 mesh of the 
extension webbing then 1 mesh of the polyethylene webbing to 1 mesh of 
the extension webbing toward the top. The bottom 20-mesh edges of the 
polyethylene layers are sewn evenly to the extension webbing on a 2 bar 
1 mesh angle toward the bottom back center forming a v-shape in the 
bottom of the extension webbing. The top 20-mesh edges of the 
polyethylene layers are sewn evenly

[[Page 431]]

along the bars of the extension webbing toward the top back center. The 
square mesh layers must be rectangular in shape and constructed of no 
larger than 2-inch (5.1-cm) webbing that is 18 inches (45.7 cm) in 
length on the leading edge. The depth of the square mesh layer must be 
no more than 2 inches (5.1 cm) less than the 20 mesh side of the inner 
polyethylene layer when stretched taught. The 18-inch (45.7-cm) leading 
edge of each square mesh layer must be sewn evenly to the 36-mesh 
leading edge of the polyethylene section and the sides are sewn evenly 
(in length) to the 20-mesh edges of the polyethylene webbing. This will 
form a v-shape funnel using the top of the extension webbing as the top 
of the funnel and the bottom of the extension webbing as the bottom of 
the funnel.
    (c) Cutting the escape opening. There are two escape openings on 
each side of the funnel. The leading edge of the escape openings must be 
located on the same row of meshes in the extension webbing as the 
leading edge of the composite panels. The lower openings are formed by 
starting at the first attachment point of the composite panels and 
cutting 9 meshes in the extension webbing on an even row of meshes 
toward the top of the extension. Next, turn 90 degrees and cut 15 points 
on an even row toward the back of the extension webbing. At this point 
turn and cut 18 bars toward the bottom front of the extension webbing. 
Finish the escape opening by cutting 6 points toward the original 
starting point. The top escape openings start 5 meshes above and mirror 
the lower openings. Starting at the leading edge of the composite panel 
and 5 meshes above the lower escape opening, cut 9 meshes in the 
extension on an even row of meshes toward the top of the extension. 
Next, turn 90 degrees, and cut 6 points on an even row toward the back 
of the extension webbing. Then cut 18 bars toward the bottom back of the 
extension. To complete the escape opening, cut 15 points forward toward 
the original starting point. The area of each escape opening must total 
at least 212 in\2\ (1,368 cm\2\). The four escape openings must be 
double selvaged for strength.
    (d) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1\5/8\-inch (4.1-cm) polypropylene or polyethylene webbing, 40 
meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 12 inches (30.5 cm) of the 
posterior edge of the funnel.
    (e) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) 
cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 
3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed 
together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the way 
around with heavy twine.
    (f) Installation of the cone in the extension. The apex of the cone 
must be installed in the extension within 12 inches (30.5 cm) behind the 
back edge of the funnel and attached in four places. The midpoint of a 
piece of number 60 twine (or at least 4-mesh wide strip of number 21 or 
heavier webbing) 3 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine or webbing must be attached within 5 
meshes of the aft edge of the funnel at the center of each of its sides. 
Two 12-inch (30.5-cm) pieces of number 60 (or heavier) twine must be 
attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The 
opposite ends of these two pieces of twine must be attached to the top 
and bottom center of the extension webbing to keep the cone from 
inverting into the funnel.
    I. Square Mesh Panel (SMP) Composite Panel
    1. Description. The SMP is a panel of square mesh webbing placed in 
the top of the cod end to provide finfish escape openings.
    2. Minimum Construction and Installation Requirements. The SMP 
Composite Panel BRD must contain all of the following:
    (a) Webbing extension. The webbing extension must be constructed 
from a single rectangular piece of 1\1/2\-inch to 1\3/4\-inch (3.8-cm to 
4.5-cm) stretch mesh with dimensions of 24\1/2\ meshes by 150 to 160 
meshes. A tube is formed from the extension webbing piece by sewing the 
24\1/2\-mesh sides together. The leading edge of the webbing extension 
must be attached no more than 4 meshes from the posterior edge of the 
TED grid.
    (b) Funnel. The V-shaped funnel consists of two webbing panels 
attached to the extension along the leading edge of the panels. The top 
and bottom edges of the panels are sewn diagonally across the extension 
toward the center to form the funnel. The panels are 2-ply in design, 
each with an inner layer of 1\1/2\-inch to 1\5/8\-inch (3.8-cm to 4.1-
cm) heat-set and depth-stretched polyethylene webbing and an outer layer 
constructed of no larger than 2-inch (5.1-cm) square mesh webbing (1-
inch bar). The inner webbing layer must be rectangular in shape, 36 
meshes on the leading edge by 20 meshes deep. The 36-mesh leading edges 
of the polyethylene webbing should be sewn evenly to 24 meshes of the 
extension webbing 1\1/2\ meshes from and parallel to the leading edge of 
the extension starting 12 meshes up from the bottom center on each side. 
Alternately sew 2 meshes of the polyethylene webbing to 1 mesh of the 
extension webbing then 1 mesh of the polyethylene webbing to 1 mesh of 
the extension webbing toward the top. The bottom 20-mesh edges of the 
polyethylene layers are sewn evenly to the extension webbing on a 2 bar 
1 mesh angle toward the bottom back center

[[Page 432]]

forming a v-shape in the bottom of the extension webbing. The top 20-
mesh edges of the polyethylene layers are sewn evenly along the bars of 
the extension webbing toward the top back center. The square mesh layers 
must be rectangular in shape and constructed of no larger than 2-inch 
(5.1-cm) webbing that is 18 inches (45.7 cm) in length on the leading 
edge. The depth of the square mesh layer must be no more than 2 inches 
(5.1 cm) less than the 20 mesh side of the inner polyethylene layer when 
stretched taught. The 18-inch (45.7-cm) leading edge of each square mesh 
layer must be sewn evenly to the 36-mesh leading edge of the 
polyethylene section and the sides are sewn evenly (in length) to the 
20-mesh edges of the polyethylene webbing. This will form a v-shape 
funnel using the top of the extension webbing as the top of the funnel 
and the bottom of the extension webbing as the bottom of the funnel.
    (c) Cutting the escape opening. There are two escape openings on 
each side of the funnel. The leading edge of the escape openings must be 
located on the same row of meshes in the extension webbing as the 
leading edge of the composite panels. The lower openings are formed by 
starting at the first attachment point of the composite panels and 
cutting 9 meshes in the extension webbing on an even row of meshes 
toward the top of the extension. Next, turn 90 degrees and cut 15 points 
on an even row toward the back of the extension webbing. At this point 
turn and cut 18 bars toward the bottom front of the extension webbing. 
Finish the escape opening by cutting 6 points toward the original 
starting point. The top escape openings start 5 meshes above and mirror 
the lower openings. Starting at the leading edge of the composite panel 
and 5 meshes above the lower escape opening, cut 9 meshes in the 
extension on an even row of meshes toward the top of the extension. 
Next, turn 90 degrees, and cut 6 points on an even row toward the back 
of the extension webbing. Then cut 18 bars toward the bottom back of the 
extension. To complete the escape opening, cut 15 points forward toward 
the original starting point. The area of each escape opening must total 
at least 212 in\2\ (1,368 cm\2\). The four escape openings must be 
double selvaged for strength.
    (d) SMP. The SMP is constructed from a single piece of square mesh 
webbing with a minimum dimension of 5 squares wide and 12 squares in 
length with a minimum mesh size of 3-inch (76-mm) stretched mesh. The 
maximum twine diameter of the square mesh is number 96 twine (4 mm).
    (e) Cutting the SMP escape opening. The escape opening is a 
rectangular hole cut in the top center of the cod end webbing. The 
posterior edge of the escape opening must be placed no farther forward 
that 8 ft (2.4 m) from the cod end drawstring (tie-off rings). The width 
of the escape opening, as measured across the cod end, must be four cod 
end meshes per square of the SMP (i.e., a cut of 20 cod end meshes for a 
SMP that is 5 meshes wide). The stretched mesh length of the escape 
opening must be equal to the total length of the SMP. No portion of the 
SMP escape opening may be covered with additional material or netting 
such as chaffing webbing, which might impede or prevent fish escapement.
    (f) Installation of the SMP. The SMP must be attached to the edge of 
the escape opening evenly around the perimeter of the escape opening cut 
with heavy twine.



 Sec. Appendix E to Part 622--Caribbean Island/Island Group Management 
                                  Areas

   Table 1 of Appendix E to Part 622--Coordinates of the Puerto Rico 
                            Management Area.

    The Puerto Rico management area is bounded by rhumb lines 
connecting, in order, the following points.

------------------------------------------------------------------------
            Point                North latitude        West longitude
------------------------------------------------------------------------
A (intersects with the        19 deg.37'29`         65 deg.20'57`
 International/EEZ boundary).
B...........................  18 deg.25'46.3015`    65 deg.06'31.866`
From Point B, proceed
 southerly along the 3-
 nautical mile Territorial
 boundary of the St. Thomas/
 St. John island group to
 Point C.
C...........................  18 deg.13'59.0606`    65 deg.05'33.058`
D...........................  18 deg.01'16.9636`    64 deg.57'38.817`
E...........................  17 deg.30'00.000`     65 deg.20'00.1716`
F...........................  16 deg.02'53.5812`    65 deg.20'00.1716`
From Point F, proceed
 southwesterly, then
 northerly, then easterly,
 and finally southerly along
 the International/EEZ
 boundary to Point A.
A (intersects with the        19 deg.37'29`         65 deg.20'57`
 International/EEZ boundary).
------------------------------------------------------------------------

    Table 2 of Appendix E to Part 622--Coordinates of the St. Croix 
                            Management Area.

    The St. Croix management area is bounded by rhumb lines connecting, 
in order, the following points.

[[Page 433]]



------------------------------------------------------------------------
            Point                North latitude        West longitude
------------------------------------------------------------------------
G...........................  18 deg.03'03`         64 deg.38'03`
From Point G, proceed
 easterly, then southerly,
 then southwesterly along
 the International/EEZ
 boundary to Point F.
F...........................  16 deg.02'53.5812`    65 deg.20'00.1716`
E...........................  17 deg.30'00.000`     65 deg.20'00.1716`
D...........................  18 deg.01'16.9636`    64 deg.57'38.817`
G...........................  18 deg.03'03`         64 deg.38'03`
------------------------------------------------------------------------

  Table 3 of Appendix E to Part 622--Coordinates of the St. Thomas/St. 
                          John Management Area.

    The St. Thomas/St. John management area is bounded by rhumb lines 
connecting, in order, the following points.

------------------------------------------------------------------------
            Point                North latitude        West longitude
------------------------------------------------------------------------
A (intersects with the        19 deg.37'29`         65 deg.20'57`
 International/EEZ boundary).
From Point A, proceed
 southeasterly along the
 International/EEZ boundary
 to Point G.
G...........................  18 deg.03'03`         64 deg.38'03`
D...........................  18 deg.01'16.9636`    64 deg.57'38.817`
C...........................  18 deg.13'59.0606`    65 deg.05'33.058`
From Point C, proceed
 northerly along the 3-
 nautical mile Territorial
 boundary of the St. Thomas/
 St. John island group to
 Point B.
B...........................  18 deg.25'46.3015`    65 deg.06'31.866`
A (intersects with the        19 deg.37'29`         65 deg.20'57`
 International/EEZ boundary).
------------------------------------------------------------------------


[78 FR 33258, June 4, 2013]



 Sec. Appendix F to Part 622--Specifications for Sea Turtle Mitigation 
          Gear and Sea Turtle Handling and Release Requirements

    A. Sea turtle mitigation gear.
    1. Long-handled line clipper or cutter. Line cutters are intended to 
cut high test monofilament line as close as possible to the hook, and 
assist in removing line from entangled sea turtles to minimize any 
remaining gear upon release. NMFS has established minimum design 
standards for the line cutters. The LaForce line cutter and the 
Arceneaux line clipper are models that meet these minimum design 
standards, and may be purchased or fabricated from readily available and 
low-cost materials. One long-handled line clipper or cutter and a set of 
replacement blades are required to be onboard. The minimum design 
standards for line cutters are as follows:
    (a) A protected and secured cutting blade. The cutting blade(s) must 
be capable of cutting 2.0-2.1 mm (0.078 in.-0.083 in.) monofilament line 
(400-lb test) or polypropylene multistrand material, known as braided or 
tarred mainline, and must be maintained in working order. The cutting 
blade must be curved, recessed, contained in a holder, or otherwise 
designed to facilitate its safe use so that direct contact between the 
cutting surface and the sea turtle or the user is prevented. The cutting 
instrument must be securely attached to an extended reach handle and be 
easily replaceable. One extra set of replacement blades meeting these 
standards must also be carried on board to replace all cutting surfaces 
on the line cutter or clipper.
    (b) An extended reach handle. The line cutter blade must be securely 
fastened to an extended reach handle or pole with a minimum length equal 
to, or greater than, 150 percent of the freeboard, or a minimum of 6 ft 
(1.83 m), whichever is greater. It is recommended, but not required, 
that the handle break down into sections. There is no restriction on the 
type of material used to construct this handle as long as it is sturdy 
and facilitates the secure attachment of the cutting blade.
    2. Long-handled dehooker for internal hooks. A long-handled 
dehooking device is intended to remove internal hooks from sea turtles 
that cannot be boated. It should also be used to engage a loose hook 
when a turtle is entangled but not hooked, and line is being removed. 
The design must shield the barb of the hook and prevent it from re-
engaging during the removal process. One long-handled device to remove 
internal hooks is required onboard. The minimum design standards are as 
follows:
    (a) Hook removal device. The hook removal device must be constructed 
of approximately \3/16\-inch (4.76 mm) to \5/16\-inch (7.94 mm) 316 L 
stainless steel or similar material and have a dehooking end no larger 
than 1 \7/8\-inches (4.76 cm) outside diameter. The device must securely 
engage and control the leader while shielding the barb to prevent the 
hook from re-engaging during removal. It may not have any unprotected 
terminal points (including blunt ones), as these could cause injury to

[[Page 434]]

the esophagus during hook removal. The device must be of a size 
appropriate to secure the range of hook sizes and styles used in the 
South Atlantic snapper-grouper fishery.
    (b) Extended reach handle. The dehooking end must be securely 
fastened to an extended reach handle or pole with a minimum length equal 
to or greater than 150 percent of the freeboard, or a minimum of 6 ft 
(1.83 m), whichever is greater. It is recommended, but not required, 
that the handle break down into sections. The handle must be sturdy and 
strong enough to facilitate the secure attachment of the hook removal 
device.
    3. Long-handled dehooker for external hooks. A long-handled dehooker 
is required for use on externally-hooked sea turtles that cannot be 
boated. The long-handled dehooker for internal hooks described in 
paragraph 2. of this Appendix F would meet this requirement. The minimum 
design standards are as follows:
    (a) Construction. A long-handled dehooker must be constructed of 
approximately \3/16\-inch (4.76 mm) to \5/16\-inch (7.94 mm) 316 L 
stainless steel rod and have a dehooking end no larger than 1 \7/8\-
inches (4.76 cm) outside diameter. The design should be such that a fish 
hook can be rotated out, without pulling it out at an angle. The 
dehooking end must be blunt with all edges rounded. The device must be 
of a size appropriate to secure the range of hook sizes and styles used 
in the South Atlantic snapper-grouper fishery.
    (b) Extended reach handle. The handle must be a minimum length equal 
to the freeboard of the vessel or 6 ft (1.83 m), whichever is greater.
    4. Long-handled device to pull an ``inverted V''. This tool is used 
to pull a ``V'' in the fishing line when implementing the ``inverted 
V''; dehooking technique, as described in the document entitled 
``Careful Release Protocols for Sea Turtle Release With Minimal 
Injury,'' for disentangling and dehooking entangled sea turtles. One 
long-handled device to pull an ``inverted V'' is required onboard. If a 
6-ft (1.83 m) J-style dehooker is used to comply with paragraph 4. of 
this Appendix F, it will also satisfy this requirement. Minimum design 
standards are as follows:
    (a) Hook end. This device, such as a standard boat hook, gaff, or 
long-handled J-style dehooker, must be constructed of stainless steel or 
aluminum. The semicircular or ``J'' shaped end must be securely attached 
to a handle. A sharp point, such as on a gaff hook, is to be used only 
for holding the monofilament fishing line and should never contact the 
sea turtle.
    (b) Extended reach handle. The handle must have a minimum length 
equal to the freeboard of the vessel, or 6 ft (1.83 m), whichever is 
greater. The handle must be sturdy and strong enough to facilitate the 
secure attachment of the gaff hook.
    5. Dipnet. One dipnet is required onboard. Dipnets are to be used to 
facilitate safe handling of sea turtles by allowing them to be brought 
onboard for fishing gear removal, without causing further injury to the 
animal. Turtles must not be brought onboard without the use of a dipnet 
or hoist. The minimum design standards for dipnets are as follows:
    (a) Size of dipnet. The dipnet must have a sturdy net hoop of at 
least 31 inches (78.74 cm) inside diameter and a bag depth of at least 
38 inches (96.52 cm) to accommodate turtles below 3 ft (0.914 m) 
carapace length. The bag mesh openings may not exceed 3 inches (7.62 cm) 
by 3 inches (7.62 cm). There must be no sharp edges or burrs on the 
hoop, or where it is attached to the handle. There is no requirement for 
the hoop to be circular as long as it meets the minimum specifications.
    (b) Extended reach handle. The dipnet hoop must be securely fastened 
to an extended reach handle or pole with a minimum length equal to, or 
greater than, 150 percent of the freeboard, or at least 6 ft (1.83 m), 
whichever is greater. The handle must be made of a rigid material strong 
enough to facilitate the sturdy attachment of the net hoop and be able 
to support a minimum of 100 lb (34.1 kg) without breaking or significant 
bending or distortion. It is recommended, but not required, that the 
extended reach handle break down into sections.
    6. Cushion/support device. A standard automobile tire (free of 
exposed steel belts), a boat cushion, a large turtle hoist, or any other 
comparable cushioned elevated surface, is required for supporting a 
turtle in an upright orientation while the turtle is onboard. The 
cushion/support device must be appropriately sized to fully support a 
range of turtle sizes.
    7. Short-handled dehooker for internal hooks. One short-handled 
device for removing internal hooks is required onboard. This dehooker is 
designed to remove ingested hooks from boated sea turtles. It can also 
be used on external hooks or hooks in the front of the mouth. Minimum 
design standards are as follows:
    (a) Hook removal device. The hook removal device must be constructed 
of approximately \3/16\-inch (4.76 mm) to \5/16\-inch (7.94 mm) 316 L 
stainless steel, and must allow the hook to be secured and the barb 
shielded without re-engaging during the removal process. It must be no 
larger than 1 \7/8\-inches (4.76 cm) outside diameter. It may not have 
any unprotected terminal points (including blunt ones), as this could 
cause injury to the esophagus during hook removal. A sliding PVC bite 
block must be used to protect the beak and facilitate hook removal if 
the turtle bites down on the dehooking device. The bite block should be 
constructed of a \3/4\-inch (1.91 cm) inside diameter high impact 
plastic

[[Page 435]]

cylinder (e.g., Schedule 80 PVC) that is 4 to 6 inches (10.2 to 15.2 cm) 
long to allow for 5 inches (12.7 cm) of slide along the shaft. The 
device must be of a size appropriate to secure the range of hook sizes 
and styles used in the South Atlantic snapper-grouper fishery.
    (b) Handle length. The handle should be approximately 16 to 24 
inches (40.64 cm to 60.69 cm) in length, with approximately a 4 to 6-
inch (10.2 to 15.2-cm) long tube T-handle of approximately 1 inch (2.54 
cm) in diameter.
    8. Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required onboard. The short-handled 
dehooker for internal hooks required to comply with paragraph 7. of this 
Appendix F will also satisfy this requirement. Minimum design standards 
are as follows:
    (a) Hook removal device. The dehooker must be constructed of 
approximately \3/16\-inch (4.76 cm) to \5/16\-inch (7.94 cm) 316 L 
stainless steel, and the design must be such that a hook can be rotated 
out without pulling it out at an angle. The dehooking end must be blunt, 
and all edges rounded. The device must be of a size appropriate to 
secure the range of hook sizes and styles used in the South Atlantic 
snapper-grouper fishery.
    (b) Handle length. The handle should be approximately 16 to 24 
inches (40.64 to 60.69 cm) long with approximately a 5-inch (12.7 cm) 
long tube T-handle, wire loop handle or similar, of approximately 1 inch 
(2.54 cm) in diameter.
    9. Long-nose or needle-nose pliers. One pair of long-nose or needle-
nose pliers is required on board. Required long-nose or needle-nose 
pliers can be used to remove deeply embedded hooks from the turtle's 
flesh that must be twisted during removal or for removing hooks from the 
front of the mouth. They can also hold PVC splice couplings, when used 
as mouth openers, in place. Minimum design standards are as follows:
    (a) General. They must be approximately 12 inches (30.48 cm) in 
length, and should be constructed of stainless steel material.
    (b) [Reserved]
    10. Bolt cutters. One pair of bolt cutters is required on board. 
Required bolt cutters may be used to cut hooks to facilitate their 
removal. They should be used to cut off the eye or barb of a hook, so 
that it can safely be pushed through a sea turtle without causing 
further injury. They should also be used to cut off as much of the hook 
as possible, when the remainder of the hook cannot be removed. Minimum 
design standards are as follows:
    (a) General. They must be approximately 14 to 17 inches (35.56 to 
43.18 cm) in total length, with approximately 4-inch (10.16 cm) long 
blades that are 2\1/4\ inches (5.72 cm) wide, when closed, and with 
approximately 10 to 13-inch (25.4 to 33.02-cm) long handles. Required 
bolt cutters must be able to cut hard metals, such as stainless or 
carbon steel hooks, up to \1/4\-inch (6.35 mm) diameter.
    (b) [Reserved]
    11. Monofilament line cutters. One pair of monofilament line cutters 
is required on board. Required monofilament line cutters must be used to 
remove fishing line as close to the eye of the hook as possible, if the 
hook is swallowed or cannot be removed. Minimum design standards are as 
follows:
    (a) General. Monofilament line cutters must be approximately 7\1/2\ 
inches (19.05 cm) in length. The blades must be 1 inch (4.45 cm) in 
length and \5/8\ inches (1.59 cm) wide, when closed.
    (b) [Reserved]
    12. Mouth openers/mouth gags. Required mouth openers and mouth gags 
are used to open sea turtle mouths, and to keep them open when removing 
internal hooks from boated turtles. They must allow access to the hook 
or line without causing further injury to the turtle. Design standards 
are included in the item descriptions. At least two of the seven 
different types of mouth openers/gags described below are required:
    (a) A block of hard wood. Placed in the corner of the jaw, a block 
of hard wood may be used to gag open a turtle's mouth. A smooth block of 
hard wood of a type that does not splinter (e.g. maple) with rounded 
edges should be sanded smooth, if necessary, and soaked in water to 
soften the wood. The dimensions should be approximately 11 inches (27.94 
cm) by 1 inch (2.54 cm) by 1 inch (2.54 cm). A long-handled, wire shoe 
brush with a wooden handle, and with the wires removed, is an 
inexpensive, effective and practical mouth-opening device that meets 
these requirements.
    (b) A set of three canine mouth gags. Canine mouth gags are highly 
recommended to hold a turtle's mouth open, because the gag locks into an 
open position to allow for hands-free operation after it is in place. 
These tools are only for use on small and medium sized turtles, as 
larger turtles may be able to crush the mouth gag. A set of canine mouth 
gags must include one of each of the following sizes: Small (5 inches) 
(12.7 cm), medium (6 inches) (15.24 cm), and large (7 inches) (17.78 
cm). They must be constructed of stainless steel. The ends must be 
covered with clear vinyl tubing, friction tape, or similar, to pad the 
surface.
    (c) A set of two sturdy dog chew bones. Placed in the corner of a 
turtle's jaw, canine chew bones are used to gag open a sea turtle's 
mouth. Required canine chews must be constructed of durable nylon, 
zylene resin, or thermoplastic polymer, and strong enough to withstand 
biting without splintering. To accommodate a variety of turtle beak 
sizes, a set must include one large (5\1/2\-8 inches (13.97 cm-20.32 cm) 
in length), and one small (3\1/2\-4\1/2\ inches (8.89 cm-11.43 cm) in 
length) canine chew bones.

[[Page 436]]

    (d) A set of two rope loops covered with protective tubing. A set of 
two pieces of poly braid rope covered with light duty garden hose or 
similar flexible tubing each tied or spliced into a loop to provide a 
one-handed method for keeping the turtle's mouth open during hook and/or 
line removal. A required set consists of two 3-ft (0.91 m) lengths of 
poly braid rope (\3/8\-inch (9.52 mm) diameter suggested), each covered 
with an 8-inch (20.32 cm) section of \1/2\ inch (1.27 cm) or \3/4\ inch 
(1.91 cm) tubing, and each tied into a loop. The upper loop of rope 
covered with hose is secured on the upper beak to give control with one 
hand, and the second piece of rope covered with hose is secured on the 
lower beak to give control with the user's foot.
    (e) A hank of rope. Placed in the corner of a turtle's jaw, a hank 
of rope can be used to gag open a sea turtle's mouth. A 6-ft (1.83 m) 
lanyard of approximately \3/16\-inch (4.76 mm) braided nylon rope may be 
folded to create a hank, or looped bundle, of rope. Any size soft-
braided nylon rope is allowed, however it must create a hank of 
approximately 2-4 inches (5.08 cm-10.16 cm) in thickness.
    (f) A set of four PVC splice couplings. PVC splice couplings can be 
positioned inside a turtle's mouth to allow access to the back of the 
mouth for hook and line removal. They are to be held in place with the 
needle-nose pliers. To ensure proper fit and access, a required set must 
consist of the following Schedule 40 PVC splice coupling sizes: 1 inch 
(2.54 cm), 1\1/4\ inch (3.18 cm), 1\1/2\ inch (3.81 cm), and 2 inches 
(5.08 cm).
    (g) A large avian oral speculum. A large avian oral speculum 
provides the ability to hold a turtle's mouth open and to control the 
head with one hand, while removing a hook with the other hand. The avian 
oral speculum must be 9-inches (22.86 cm) long, and constructed of \3/
16\-inch (4.76 mm) wire diameter surgical stainless steel (Type 304). It 
must be covered with 8 inches (20.32 cm) of clear vinyl tubing (\5/16\-
inch (7.9 mm) outside diameter, \3/16\-inch (4.76 mm) inside diameter), 
friction tape, or similar to pad the surface.
    B. Sea turtle handling and release requirements. Sea turtle bycatch 
mitigation gear, as specified in paragraphs A.1. through 4. of this 
Appendix F, must be used to disengage any hooked or entangled sea 
turtles that cannot be brought onboard. Sea turtle bycatch mitigation 
gear, as specified in paragraphs A.5. through 12. of this Appendix F, 
must be used to facilitate access, safe handling, disentanglement, and 
hook removal or hook cutting of sea turtles that can be brought onboard, 
where feasible. Sea turtles must be handled, and bycatch mitigation gear 
must be used, in accordance with the careful release protocols and 
handling/release guidelines provided by NMFS and in accordance with the 
onboard handling and resuscitation requirements specified in Sec. 
223.206(d)(1)of this title.
    1. Boated turtles. When practicable, active and comatose sea turtles 
must be brought on board, with a minimum of injury, using a dipnet as 
specified in paragraph A.5. of this Appendix F. All turtles less than 3 
ft (.91 m) carapace length should be boated, if sea conditions permit.
    (a) A boated turtle should be placed on a cushioned/support device, 
as specified in paragraph A.6. of this Appendix F, in an upright 
orientation to immobilize it and facilitate gear removal. Then, it 
should be determined if the hook can be removed without causing further 
injury. All externally embedded hooks should be removed, unless hook 
removal would result in further injury to the turtle. No attempt to 
remove a hook should be made if it has been swallowed and the insertion 
point is not visible, or if it is determined that removal would result 
in further injury. If a hook cannot be removed, as much line as possible 
should be removed from the turtle using monofilament cutters as 
specified in paragraph A.11. of this Appendix F, and the hook should be 
cut as close as possible to the insertion point before releasing the 
turtle, using bolt cutters as specified in paragraph A.10. of this 
Appendix F. If a hook can be removed, an effective technique may be to 
cut off either the barb, or the eye, of the hook using bolt cutters, and 
then to slide the hook out. When the hook is visible in the front of the 
mouth, a mouth-opener, as specified in paragraph A.12. of this Appendix 
F, may facilitate opening the turtle's mouth and a gag may facilitate 
keeping the mouth open. Short-handled dehookers for internal hooks, or 
long-nose or needle-nose pliers, as specified in paragraphs A.7. and 
A.8. of this Appendix F, respectively, should be used to remove visible 
hooks from the mouth that have not been swallowed on boated turtles, as 
appropriate. As much gear as possible must be removed from the turtle 
without causing further injury prior to its release. Refer to the 
careful release protocols and handling/release guidelines required in 
Sec. 622.10(c)(1), and the handling and resuscitation requirements 
specified in Sec. 223.206(d)(1) of this title, for additional 
information.
    (b) [Reserved]
    2. Non-boated turtles. If a sea turtle is too large, or hooked in a 
manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear specified in 
paragraphs A.1. through 4. of this Appendix F must be used to 
disentangle sea turtles from fishing gear and disengage any hooks, or to 
clip the line and remove as much line as possible from a hook that 
cannot be removed, prior to releasing the turtle, in accordance with the 
protocols specified in Sec. 622.10(c)(1).
    (a) Non-boated turtles should be brought close to the boat and 
provided with time to

[[Page 437]]

calm down. Then, it must be determined whether or not the hook can be 
removed without causing further injury. All externally embedded hooks 
must be removed, unless hook removal would result in further injury to 
the turtle. No attempt should be made to remove a hook if it has been 
swallowed, or if it is determined that removal would result in further 
injury. If the hook cannot be removed and/or if the animal is entangled, 
as much line as possible must be removed prior to release, using a line 
cutter as specified in paragraph A.1. of this Appendix F. If the hook 
can be removed, it must be removed using a long-handled dehooker as 
specified in paragraphs A.2. and A.3. of this Appendix F. Without 
causing further injury, as much gear as possible must be removed from 
the turtle prior to its release. Refer to the careful release protocols 
and handling/release guidelines required in Sec. 622.10(c)(1), and the 
handling and resuscitation requirements specified in Sec. 223.206(d)(1) 
for additional information.
    (b) [Reserved]

[[Page 438]]



      Sec. Appendix G to Part 622--Coastal Migratory Pelagics Zone 
                              Illustrations
[GRAPHIC] [TIFF OMITTED] TR27JA15.000


[[Page 439]]


[GRAPHIC] [TIFF OMITTED] TR27JA15.001


[80 FR 4224, Jan. 27, 2015]

[[Page 440]]



PART 635_ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents



                            Subpart A_General

Sec.
635.1 Purpose and scope.
635.2 Definitions.
635.3 Relation to other laws.
635.4 Permits and fees.
635.5 Recordkeeping and reporting.
635.6 Vessel and gear identification.
635.7 At-sea observer coverage.
635.8 Workshops.
635.9 Electronic monitoring.

                  Subpart B_Individual Vessel Measures

635.14 Performance metrics.
635.15 Individual bluefin tuna quotas.
635.16 [Reserved]

                      Subpart C_Management Measures

635.19 Authorized gears.
635.20 Size limits.
635.21 Gear operation and deployment restrictions.
635.22 Recreational retention limits.
635.23 Retention limits for bluefin tuna.
635.24 Commercial retention limits for sharks, swordfish, and BAYS 
          tunas.
635.25 Fishing areas.
635.26 Catch and release.
635.27 Quotas.
635.28 Fishery closures.
635.29 Transfer at sea and transshipment.
635.30 Possession at sea and landing.
635.31 Restrictions on sale and purchase.
635.32 Specifically authorized activities.
635.33 Archival tags.
635.34 Adjustment of management measures.

                    Subpart D_Restrictions on Imports

635.40 Restrictions to enhance conservation.
635.41 Products denied entry.

                 Subpart E_International Port Inspection

635.50 Basis and purpose.
635.51 Authorized officer.
635.52 Vessels subject to inspection.
635.53 Prior notification.
635.54 Reports.

                          Subpart F_Enforcement

635.69 Vessel monitoring systems.
635.70 Penalties.
635.71 Prohibitions.

Appendix A to Part 635--Species Tables

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Source: 64 FR 29135, May 28, 1999, unless otherwise noted.



                            Subpart A_General



Sec. 635.1  Purpose and scope.

    (a) The regulations in this part govern the conservation and 
management of Atlantic tunas, Atlantic billfish, Atlantic sharks, and 
Atlantic swordfish under the authority of the Magnuson-Stevens Act and 
ATCA. They implement the 2006 Consolidated Highly Migratory Species 
Fishery Management Plan and its amendments. The Atlantic tunas 
regulations govern conservation and management of Atlantic tunas in the 
management unit. The Atlantic billfish regulations govern conservation 
and management of Atlantic billfish in the management unit. The Atlantic 
swordfish regulations govern conservation and management of North and 
South Atlantic swordfish in the management unit. North Atlantic 
swordfish are managed under the authority of both ATCA and the Magnuson-
Stevens Act. South Atlantic swordfish are managed under the sole 
authority of ATCA. The shark regulations govern conservation and 
management of sharks in the management unit, under the authority of the 
Magnuson-Stevens Act.
    (b) Under section 9(d) of ATCA, NMFS has determined that the 
regulations contained in this part with respect to Atlantic tunas are 
applicable within the territorial sea of the United States adjacent to, 
and within the boundaries of, the States of New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, 
Louisiana and Texas, and the Commonwealths of Puerto Rico and the Virgin 
Islands. NMFS will undertake a continuing review of State regulations to 
determine if regulations applicable to Atlantic tunas, swordfish or 
billfish are at least as restrictive as regulations contained in this 
part and if such regulations are effectively enforced. In such case, 
NMFS will file with the Office of the Federal Register for publication 
notification of the basis for the determination and of the specific 
regulations that shall or shall not

[[Page 441]]

apply in the territorial sea of the identified State.

[64 FR 29135, May 28, 1999, as amended at 75 FR 30524, June 1, 2010]



Sec. 635.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, ATCA, 
and Sec. 600.10 of this chapter, the terms used in this part have 
following meanings. If applicable, the terms used in this part supercede 
those used in Sec. 600.10:
    Archival tag means a device that is implanted or affixed to a fish 
to electronically record scientific information about the migratory 
behavior of that fish.
    ATCA Certificate of Eligibility (COE) means the certificate that 
must accompany any applicable shipment of fish pursuant to a finding 
under 16 U.S.C. 971d (c)(4) or (c)(5).
    Atlantic Aggregated LCS means one of the following species, or parts 
thereof, as listed in table 1 of appendix A of this part: Atlantic 
blacktip, bull, lemon, nurse, silky, spinner, and tiger.
    Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish.
    Atlantic Ocean, as used in this part, includes the North and South 
Atlantic Oceans, the Gulf of Mexico, and the Caribbean Sea.
    Atlantic shark identification workshop certificate means the 
document issued by NMFS, or its designee, indicating that the person 
named on the certificate has successfully completed the Atlantic shark 
identification workshop.
    Atlantic States, consistent with section 803 of Public law 103-206 
(16 U.S.C. 5102), refers to Maine, New Hampshire, Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, 
the District of Columbia, and the Potomac River Fisheries Commission, 
for purposes of applying the Shark Conservation Act exception at 50 CFR 
635.30(c)(5).
    BAYS means Atlantic bigeye, albacore, yellowfin, and skipjack tunas 
as defined in Sec. 600.10 of this part.
    BFT landings quota means the portion of the ICCAT BFT catch quota 
allocated to the United States against which landings of BFT are 
counted.
    Billfish Certificate of Eligibility (COE) means a certificate that 
accompanies a shipment of billfish indicating that the billfish or 
related species, or parts thereof, are not from the respective Atlantic 
Ocean management units.
    Bottom longline means a longline that is deployed with enough 
weights and/or anchors to maintain contact with the ocean bottom. For 
the purposes of this part, a vessel is considered to have bottom 
longline gear on board when a power-operated longline hauler, a 
mainline, weights and/or anchors capable of maintaining contact between 
the mainline and the ocean bottom, and leaders (gangions) with hooks are 
on board. Removal of any of these elements constitutes removal of bottom 
longline gear. Bottom longline vessels may have a limited number of 
floats and/or high flyers onboard for the purposes of marking the 
location of the gear but removal of these floats does not constitute 
removal of bottom longline gear.
    BSD tag means a numbered tag affixed to a BFT issued by any country 
in conjunction with a catch statistics information program and recorded 
on a BSD.
    Buoy gear means a fishing gear consisting of one or more floatation 
devices supporting a single mainline to which no more than two hooks or 
gangions are attached.
    Cape Hatteras gear restricted area means the area within the 
Atlantic Ocean bounded by straight lines connecting the following 
coordinates in the order stated: 34 deg.50' N. lat., 75 deg.10' W. 
long.; 35 deg.40' N. lat., 75 deg.10' W. long.; 35 deg.40' N. lat., 
75 deg.00' W. long.; 37 deg.10' N. lat., 75 deg.00' W. long.; 37 deg.10' 
N. lat., 74 deg.20' W. long.; 35 deg.30' N. lat., 74 deg.20' W. long.; 
34 deg.50' N. lat., 75 deg.00' W. long.; 34 deg.50' N. lat., 75 deg.10' 
W. long.
    Caudal keel means the horizontal ridges along each side of a fish at 
the base of the tail fin.
    CFL (curved fork length) means the length of a fish measured from 
the tip of the upper jaw to the fork of the tail along the contour of 
the body in a line that runs along the top of the pectoral fin and the 
top of the caudal keel.
    Charleston Bump closed area means the Atlantic Ocean area seaward of 
the inner boundary of the U.S. EEZ from a

[[Page 442]]

point intersecting the inner boundary of the U.S. EEZ at 34 deg.00' N. 
lat. near Wilmington Beach, NC, and proceeding due east to connect by 
straight lines the following coordinates in the order stated: 34 deg.00' 
N. lat., 76 deg.00' W. long.; 31 deg.00' N. lat., 76 deg.00' W. long.; 
then proceeding due west to intersect the inner boundary of the U.S. EEZ 
at 31 deg.00' N. lat. near Jekyll Island, GA.
    Circle hook means a fishing hook originally designed and 
manufactured so that the point is turned perpendicularly back to the 
shank to form a generally circular, or oval, shape.
    CK means the length of a fish measured along the body contour, i.e., 
a curved measurement, from the point on the cleithrum that provides the 
shortest possible measurement along the body contour to the anterior 
portion of the caudal keel. The cleithrum is the semicircular bony 
structure at the posterior edge of the gill opening.
    Convention means the International Convention for the Conservation 
of Atlantic Tunas, signed at Rio de Janeiro, Brazil, on May 14, 1966, 20 
U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, 
which are binding upon the United States.
    Conventional tag means a numbered, flexible ribbon that is implanted 
or affixed to a fish that is released back into the ocean that allows 
for the identification of that fish in the event it is recaptured.
    Corrodible Hook means a fishing hook composed of any material other 
than stainless steel.
    Dealer tag means the numbered, flexible, self-locking ribbon issued 
by NMFS for the identification of BFT sold to a permitted dealer as 
required under Sec. 635.5(b)(2)(ii).
    Dehooking device means a device intended to remove a hook embedded 
in a fish in order to release the fish with minimum damage.
    Designated by NMFS means the address or location indicated in a 
letter to permit holders or in a letter accompanying reporting forms.
    DeSoto Canyon closed area means the area within the Gulf of Mexico 
bounded by straight lines connecting the following coordinates in the 
order stated: 30 deg.00' N. lat., 88 deg.00' W. long.; 30 deg.00' N. 
lat., 86 deg.00' W. long.; 28 deg.00' N. lat., 86 deg.00' W. long.; 
28 deg.00' N. lat., 84 deg.00' W. long.; 26 deg.00' N. lat., 84 deg.00' 
W. long.; 26 deg.00' N. lat., 86 deg.00' W. long.; 28 deg.00' N. lat., 
86 deg.00' W. long.; 28 deg.00' N. lat., 88 deg.00' W. long.; 30 deg.00' 
N. lat., 88 deg.00' W. long.
    Display permit means a permit issued in order to catch and land HMS 
for the purpose of public display pursuant to Sec. 635.32.
    Division Chief means the Chief, Highly Migratory Species Management 
Division, NMFS (F/SF1), 1315 East-West Highway, Silver Spring, MD, 
20910; (301) 427-8503.
    Downrigger means a piece of equipment attached to a vessel and with 
a weight on a cable that is in turn attached to hook-and-line gear to 
maintain lures or bait at depth while trolling. The downrigger has a 
release system to retrieve the weight by rod and reel or by manual, 
electric, or hydraulic winch after a fish strike on the hook-and-line 
gear.
    Dress, for swordfish, tunas, and billfish, means to process a fish 
by removal of head, viscera, and fins, but does not include removal of 
the backbone, halving, quartering, or otherwise further reducing the 
carcass. For sharks, dress means to process a fish by removal of head 
and viscera, but does not include removal of the fins, backbone, 
halving, quartering, or otherwise further reducing the carcass.
    Dressed weight (dw), for swordfish, tunas, and billfish, means the 
weight of a fish after it has been dressed. For sharks, dressed weight 
means the weight of a fish after it has been dressed and had its fins, 
including the tail, removed.
    Drift gillnet means a gillnet that is floating unattached to the 
ocean bottom and not anchored, secured, or weighted to the ocean bottom.
    East Florida Coast closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 31 deg.00' N. lat. near Jekyll Island, 
GA, and proceeding due east to connect by straight lines the following 
coordinates in the order stated: 31 deg.00' N. lat., 78 deg.00' W. 
long.; 28 deg.17'10` N. lat., 79 deg.11'24` W. long.; then proceeding 
along the outer boundary of the EEZ to the intersection of the EEZ with 
24 deg.00' N. lat.; then proceeding due

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west to 24 deg.00' N. lat., 81 deg.47' W. long.; and then proceeding due 
north to intersect the inner boundary of the U.S. EEZ at 81 deg.47' W. 
long. near Key West, FL.
    Edges 40 Fathom Contour closed area means a parallelogram-shaped 
area in the Gulf of Mexico bounded by straight lines connecting the 
following coordinates in the order stated: 28 deg. 51' N. lat., 85 deg. 
16' W. long.; 28 deg. 51' N. lat., 85 deg. 04' W. long.; 28 deg. 14' N. 
lat., 84 deg. 42' W. long.; 28 deg. 14' N. lat., 84 deg. 54' W. long.
    EFP means an exempted fishing permit issued pursuant to Sec. 
600.745 of this chapter or to Sec. 635.32.
    Eviscerated means a fish that has only the alimentary organs 
removed.
    Export, for purposes of this subpart, means to effect exportation.
    Exportation has the same general meaning as 19 CFR 101.1 and 
generally refers to a severance of goods from the mass of things 
belonging to one country with the intention of uniting them to the mass 
of things belonging to some foreign country. For purposes of this 
subpart, a shipment between the United States and its insular 
possessions is not an export.
    Exporter, for purposes of this subpart, is the principal party in 
interest, meaning the party that receives the primary benefit, monetary 
or otherwise, of the export transaction. For exports from the United 
States, the exporter is the U.S. principal party in interest, as 
identified in part 30 of title 15 of the CFR. An exporter is subject to 
the requirements of this subpart, even if exports are exempt from 
statistical reporting requirements under Part 30 of title 15 of the CFR.
    Federal Atlantic Commercial Shark Permit means any of the commercial 
shark permits issued pursuant to Sec. 635.4.
    Finlet means one of the small individual fins on a tuna located 
behind the second dorsal and anal fins and forward of the tail fin.
    First receive means to take possession for commercial purposes of 
any fish or any part thereof by purchasing, trading or bartering for it 
from the fishing vessel owner or operator once it is offloaded, where 
the vessel has been issued, or should have been issued, a valid permit 
under this part. First receive does not mean to take possession solely 
for transport.
    First transaction in the United States means the time and place at 
which a fish is filleted, cut into steaks, or processed in any way that 
physically alters it after being landed in or imported into the United 
States.
    Fishing record means all records of navigation and operations of a 
fishing vessel, as well as all records of catching, harvesting, 
transporting, landing, purchasing, or selling a fish.
    Fishing vessel means any vessel engaged in fishing, processing, or 
transporting fish loaded on the high seas, or any vessel outfitted for 
such activities.
    Fishing year means--
    (1) For Atlantic tunas and swordfish, before January 1, 2008 -- June 
1 through May 31. On or after January 1, 2008 -- January 1 through 
December 31.
    (2) For Atlantic billfish, On or after January 1, 2007 -- January 1 
through December 31.
    (3) For sharks -- January 1 through December 31.
    FL (fork length) means the straight line measurement along the 
length of the fish from the tip of the upper jaw to the fork of the 
tail.
    Floatation device means any positively buoyant object rigged to be 
attached to a fishing gear.
    Floatline means a line attached to a buoyant object that is used to 
support the mainline of a longline at a specific target depth.
    Florida Swordfish Management Area means the Atlantic Ocean area 
shoreward of the outer boundary of the U.S. EEZ from a point where 
latitude 28 deg.17'10` N. lat. intersects the U.S. mainland near 
Rockledge, Florida and proceeding due east across the barrier island 
near Cocoa Beach, Florida to connect by straight lines the following 
coordinates in the order stated: 28 deg.17'10` N. lat., 79 deg.11'24` W. 
long.; then proceeding along the outer boundary of the EEZ to the 
intersection of the EEZ with 24 deg.00' N. lat.; then proceeding due 
west to 24 deg.00' N. lat., 82 deg.0' W. long, then proceeding due north 
to 25 deg.48'' N. lat., 82 deg.0' W. long., then proceeding due east to 
the shore near Chokoloskee, Florida).
    For-hire trip means a recreational fishing trip taken by a vessel 
with an Atlantic HMS Charter/Headboat permit during which paying 
passenger(s) are

[[Page 444]]

aboard; or, for uninspected vessels, trips during which there are more 
than three persons aboard, including operator and crew; or, for vessels 
that have been issued a Certificate of Inspection by the U.S. Coast 
Guard to carry passengers for hire, trips during which there are more 
persons aboard than the number of crew specified on the vessel's 
Certificate of Inspection.
    Freeboard is defined as the working distance between the top rail of 
the gunwale to the water's surface, and will vary based on the vessel 
design.
    Gangion means a line that serves to attach a hook, suspended at a 
specific target depth, to the mainline of a longline.
    Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or 
greater.
    Green-stick gear means an actively trolled mainline attached to a 
vessel and elevated or suspended above the surface of the water with no 
more than 10 hooks or gangions attached to the mainline. The suspended 
line, attached gangions and/or hooks, and catch may be retrieved 
collectively by hand or mechanical means. Green-stick does not 
constitute a pelagic longline or a bottom longline as defined in this 
section.
    Gulf of Mexico Aggregated LCS means one of the following species, or 
parts thereof, as listed in Table 1 of appendix A of this part: bull, 
lemon, nurse, silky, spinner, and tiger.
    Hammerhead Shark(s) means great, scalloped, and smooth hammerhead 
shark species, or parts thereof, as listed in Table 1 in Appendix A of 
this part.
    Handgear means handline, harpoon, rod and reel, bandit gear, buoy 
gear, or speargun gear.
    Handline means fishing gear that is attached to, or in contact with, 
a vessel; that consists of a mainline to which no more than two hooks or 
gangions may be attached; and that is released and retrieved by hand 
rather than by mechanical means.
    High-flyer means a flag, radar reflector or radio beacon 
transmitter, suitable for attachment to a longline to facilitate its 
location and retrieval.
    Highly migratory species (HMS) means bluefin, bigeye, yellowfin, 
albacore, and skipjack tunas; swordfish; sharks (listed in appendix A to 
this part); white marlin; blue marlin; sailfish; longbill spearfish; and 
roundscale spearfish.
    Importer, for purposes of this subpart, means the principal party 
responsible for the import of product into a country. For imports into 
the United States, and for purposes of this subpart, ``importer'' means 
the consignee as identified on entry documentation or any authorized, 
equivalent electronic medium required for release of shipments, or any 
authorized equivalent entry documentation from the customs authority of 
the United States or the separate customs territory of a U.S. insular 
possession. If a consignee is not declared, then the importer of record 
is considered to be the consignee.
    In transit means non-stop progression through an area without any 
fishing activity occurring.
    LAP means a limited access permit issued pursuant to Sec. 635.4.
    Large coastal shark (LCS) means one of the species, or a part 
thereof, listed in paragraph (a) of table 1 in appendix A to this part.
    Large medium BFT means a BFT measuring at least 73 inches (185 cm) 
and less than 81 inches (206 cm) CFL.
    Large school BFT means a BFT measuring at least 47 inches (119 cm) 
and less than 59 inches (150 cm) CFL.
    LJFL (lower jaw-fork length) means the straight-line measurement of 
a fish from the anterior tip of the lower jaw to the fork of the caudal 
fin. The measurement is not made along the curve of the body.
    Longline means fishing gear that is set horizontally, either 
anchored, floating, or attached to a vessel, and that consists of a 
mainline or groundline with three or more leaders (gangions) and hooks, 
whether retrieved by hand or mechanical means.
    Madison-Swanson closed area means a rectangular-shaped area in the 
Gulf of Mexico bounded by straight lines connecting the following 
coordinates in the order stated: 29 deg.17' N. lat., 85 deg.50' W. 
long.; 29 deg.17' N. lat., 85 deg.38' W. long.; 29 deg.06' N. lat., 
85 deg.38' W. long.; 29 deg.06' N. lat., 85 deg.50' W. long.; and 
29 deg.17' N. lat., 85 deg.50' W. long.

[[Page 445]]

    Management group in regard to sharks means a group of shark species 
that are combined for quota management purposes. A management group may 
be split by region or sub-region, as defined at Sec. 635.27(b)(1). A 
fishery for a management group can be opened or closed as a whole or at 
the regional or sub-regional levels. Sharks have the following 
management groups: Atlantic aggregated LCS, Gulf of Mexico aggregated 
LCS, research LCS, hammerhead, Atlantic non-blacknose SCS, Gulf of 
Mexico non-blacknose SCS, and pelagic sharks other than blue or 
porbeagle.
    Management unit means in this part:
    (1) For Atlantic tunas, longbill spearfish, roundscale spearfish, 
blue marlin, and white marlin, means all fish of these species in the 
Atlantic Ocean;
    (2) For sailfish, means all fish of this species in the Atlantic 
Ocean west of 30 deg. W. long.;
    (3) For North Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean north of 5 deg. N. lat.;
    (4) For South Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean south of 5 deg. N. lat.; and
    (5) For sharks, means all fish of the species listed in Table 1 of 
Appendix A to this part, in the western north Atlantic Ocean, including 
the Gulf of Mexico and the Caribbean Sea.
    Mid-Atlantic Bight means the area bounded by straight lines 
connecting the mid-Atlantic states' internal waters and extending to 
71 deg. W. long. between 35 deg. N. lat. and 43 deg. N. lat.
    Mid-Atlantic shark closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 35 deg.41' N. lat. just south of 
Oregon Inlet, North Carolina, and connecting by straight lines the 
following coordinates in the order stated: 35 deg.41' N. lat., 
75 deg.25' W. long. proceeding due east to 35 deg.41' N. lat., 
74 deg.51' W. long.; then proceeding southeast to 35 deg.30' N. lat., 
74 deg.46' W. long.; then proceeding southwest, roughly following the 55 
fathom mark, to 33 deg.51' N. lat., 76 deg.24' W. long.; then proceeding 
due west to intersect the inner boundary of the U.S. EEZ at 33 deg.51' 
N. lat., 77 deg.53' W. long. near Cape Fear, North Carolina.
    Naturally attached, as it is used to describe shark fins, refers to 
shark fins that remain attached to the shark carcass via at least some 
portion of uncut skin. As used to describe the head of a swordfish, 
naturally attached refers to the whole head remaining fully attached to 
the carcass except for the bill, which may be removed provided it has 
been removed forward of the anterior tip of the lower jaw.
    Net check refers to a visual inspection of a shark gillnet where the 
vessel operator transits the length of the gear and inspects it either 
with a spotlight or by pulling up the gear.
    Non-blacknose SCS means one of the species, or part thereof, listed 
in section B of table 1 in appendix A to this part other than the 
blacknose shark (Carcharhinus acronotus).
    North Atlantic swordfish or North Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean north of 5 deg. N. lat.
    Northeast Distant gear restricted area means the Atlantic Ocean area 
bounded by straight lines connecting the following coordinates in the 
order stated: 35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. 
lat., 60 deg.00' W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.; 
35 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 60 deg.00' 
W. long.
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order stated: 
40 deg.00' N. lat., 74 deg.00' W. long.; 40 deg.00' N. lat., 68 deg.00' 
W. long.; 39 deg.00' N. lat., 68 deg.00' W. long.; and 39 deg.00' N. 
lat., 74 deg.00' W. long.
    Offset circle hook means a circle hook originally designed and 
manufactured so that the barbed end of the hook is displaced relative to 
the parallel plane of the eyed-end, or shank, of the hook when laid on 
its side.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Pectoral fin means the fin located behind the gill cover on either 
side of a fish.
    Pelagic longline means a longline that is suspended by floats in the 
water column and that is not fixed to or in contact with the ocean 
bottom. For the purposes of this part, a vessel is considered to have 
pelagic longline gear on board when a power-operated longline hauler, a 
mainline, floats capable of supporting the mainline, and leaders

[[Page 446]]

(gangions) with hooks are on board. Removal of any of these elements 
constitutes removal of pelagic longline gear.
    Pelagic shark means one of the species, or a part thereof, listed in 
paragraph (c) of table 1 in appendix A to this part.
    PFCFL (pectoral fin curved fork length) means the length of a 
beheaded fish from the dorsal insertion of the pectoral fin to the fork 
of the tail measured along the contour of the body in a line that runs 
along the top of the pectoral fin and the top of the caudal keel.
    Prohibited shark means one of the species, or a part thereof, listed 
in paragraph (d) of table 1 in appendix A to this part.
    Protected species safe handling, release, and identification 
workshop certificate means the document issued by NMFS, or its designee, 
indicating that the person named on the certificate has successfully 
completed the Atlantic HMS protected species safe handling, release, and 
identification workshop.
    Reporting week means the period of time beginning at 0001 local time 
on Sunday and ending at 2400 hours local time the following Saturday.
    Research LCS means one of the species, or part thereof, listed under 
heading A of table 1 in appendix A of this part, other than sandbar 
sharks.
    Restricted-fishing day (RFD) means a day, beginning at 0000 hours 
and ending at 2400 hours local time, during which a person aboard a 
vessel for which a General category permit for Atlantic Tunas has been 
issued may not fish for, possess, or retain a BFT.
    Round wire stock means round metal wire, typically used in the 
manufacturing of fishing hooks, that has not been forged, or otherwise 
modified or treated in any way to increase the original factory tensile 
strength set by the hook manufacturer.
    School BFT means a BFT measuring at least 27 inches (69 cm) and less 
than 47 inches (119 cm) CFL.
    Shark means one of the oceanic species, or a part thereof, listed in 
Table 1 of Appendix A to this part.
    Shark research permit means a permit issued to catch and land a 
limited number of sharks to maintain time series for stock assessments 
and for other scientific research purposes. These permits may be issued 
only to the owner of a vessel who has been issued either a directed or 
incidental shark LAP. The permit is specific to the commercial shark 
vessel and owner combination and is valid only per the terms and 
conditions listed on the permit.
    Sink gillnet means a gillnet that is designed to be or is fished on 
or near the ocean bottom in the lower third of the water column by means 
of a weight line or enough weights and/or anchors that the bottom of the 
gillnet sinks to, on, or near the ocean bottom.
    Small coastal shark (SCS) means one of the species, or a part 
thereof, listed in paragraph (b) of table 1 in appendix A to this part.
    Small medium BFT means a BFT measuring at least 59 inches (150 cm) 
and less than 73 inches (185 cm) CFL.
    Smoothhound shark(s) means one of the species, or part thereof, 
listed in section E of Table 1 in Appendix A to this part.
    South Atlantic swordfish or south Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean south of 5 deg. N. lat.
    Speargun fishing gear means a muscle-powered speargun equipped with 
a trigger mechanism, a spear with a tip designed to penetrate and retain 
fish, and terminal gear. Terminal gear may include, but is not limited 
to, trailing lines, reels, and floats. The term ``muscle-powered 
speargun'' for the purposes of this part means a speargun that stores 
potential energy provided from the operator's muscles, and that releases 
only the amount of energy that the operator has provided to it from his 
or her own muscles. Common energy storing methods for muscle-powered 
spearguns include compressing air and springs, and the stretching of 
rubber bands.
    Spring Gulf of Mexico gear restricted area means two areas within 
the Gulf of Mexico described here. The first area is bounded by straight 
lines connecting the following coordinates in the order stated: 
26 deg.30' N. lat., 94 deg.40' W. long.; 27 deg.30' N. lat., 94 deg.40' 
W. long.; 27 deg.30' N. lat., 89 deg. W. long.; 26 deg.30' N. lat., 
89 deg. W. long.; 26 deg.30' N. lat., 94 deg.40' W. long. The second 
area is bounded by straight

[[Page 447]]

lines connecting the following coordinates in the order stated: 
27 deg.40' N. lat., 88 deg. W. long.; 28 deg. N. lat., 88 deg. W. long.; 
28 deg. N. lat., 86 deg. W. long.; 27 deg.40' N. lat., 86 deg. W. long.; 
27 deg.40'N. lat., 88 deg. W. long.
    Steamboat Lumps closed area means a rectangular-shaped area in the 
Gulf of Mexico bounded by straight lines connecting the following 
coordinates in the order stated: 28 deg.14' N. lat., 84 deg.48' W. 
long.; 28 deg.14' N. lat., 84 deg.37' W. long.; 28 deg.03' N. lat., 
84 deg.37' W. long.; 28 deg.03' N. lat., 84 deg.48' W. long.; and 
28 deg.14' N. lat., 84 deg.48' W. long.
    Tournament means any fishing competition involving Atlantic HMS in 
which participants must register or otherwise enter or in which a prize 
or award is offered for catching or landing such fish.
    Tournament operator means a person or entity responsible for 
maintaining records of participants and results used for awarding 
tournament points or prizes, regardless of whether fish are retained.
    Transiting means progressing through an area without any fishing 
activity occurring.
    Trip limit means the total allowable take from a single trip as 
defined in Sec. 600.10 of this chapter.
    Tuna or tuna-like means the Scombriformes (with the exception of 
families Trichiuridae and Gempylidae and the genus Scomber) and such 
other species of fishes that are regulated by ICCAT in the Atlantic 
Ocean.
    Weighout slip means a document provided to the owner or operator of 
the vessel by a person who weighs fish or parts thereof that are landed 
from a fishing vessel. A document, such as a ``tally sheet,'' ``trip 
ticket,'' or ``sales receipt,'' that contains such information is 
considered a weighout slip.
    Young school BFT means an Atlantic BFT measuring less than 27 inches 
(69 cm) CFL.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and in paragraphs (b) and (c) of this section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in fisheries for HMS in the Atlantic Ocean, unless the vessel 
owner or authorized representative has complied with specified 
requirements including, but not limited to, registration, exemption 
certificates, decals, and reports, as contained in part 229 of this 
title.
    (c) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Sec. Sec. 600.730, 600.735, and Sec. 600.740 of this chapter, 
respectively.
    (d) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing or exempted educational activity, or for public display, as 
specified in Sec. 635.32.

[64 FR 29135, May 28, 1999, as amended at 68 FR 74784, Dec. 24, 2003]



Sec. 635.4  Permits and fees.

    Information on permits and permit requirements may be obtained from 
the Division Chief or where otherwise stated in this part.
    (a) General--(1) Authorized activities. Each permit issued by NMFS 
authorizes certain activities, and persons may not conduct these 
activities without the appropriate permit, unless otherwise authorized 
by NMFS in accordance with this part. In certain cases, additional 
permits may be required to authorize these same or related activities 
under federal, state or local jurisdictions.
    (2) Vessel permit inspection. The owner or operator of a vessel of 
the United States must have the appropriate valid permit on board the 
vessel to fish for, take, retain, or possess Atlantic HMS when engaged 
in recreational fishing and to fish for, take, retain or possess 
Atlantic tunas, swordfish, or sharks when engaged in commercial fishing. 
The vessel operator must make such permit available for inspection upon 
request by NMFS or by a person authorized by NMFS. The owner of the

[[Page 448]]

vessel is responsible for satisfying all of the requirements associated 
with obtaining, maintaining, and making available for inspection all 
required vessel permits.
    (3) Property rights. Limited access vessel permits or any other 
permit issued pursuant to this part do not represent either an absolute 
right to the resource or any interest that is subject to the takings 
provision of the Fifth Amendment of the U.S. Constitution. Rather, 
limited access vessel permits represent only a harvesting privilege that 
may be revoked, suspended, or amended subject to the requirements of the 
Magnuson-Stevens Act or other applicable law.
    (4) Dealer permit inspection. A dealer permit issued under this 
section, or a copy thereof, must be available at each of the dealer's 
places of business. A dealer must present the permit or a copy for 
inspection upon the request of a NMFS-authorized officer.
    (5) Display upon offloading. Upon offloading of Atlantic HMS, the 
owner or operator of the harvesting vessel must present for inspection 
the vessel's HMS Charter/Headboat permit; Atlantic tunas, shark, or 
swordfish permit; Incidental HMS squid trawl; HMS Commercial Caribbean 
Small Boat permit; and/or the shark research permit to the first 
receiver. The permit(s) must be presented prior to completing any 
applicable landing report specified at Sec. 635.5(a)(1), (a)(2), and 
(b)(2)(i).
    (6) Sanctions and denials. A permit issued under this section may be 
revoked, suspended, or modified, and a permit application may be denied, 
in accordance with the procedures governing enforcement-related permit 
sanctions and denials found at subpart D of 15 CFR part 904.
    (7) Alteration. A vessel or dealer permit that is altered, erased, 
mutilated, or otherwise modified is invalid.
    (8) Replacement. NMFS may issue a replacement permit upon the 
request of the permittee. An application for a replacement permit will 
not be considered a new application. An appropriate fee, consistent with 
paragraph (b) of this section, may be charged for issuance of the 
replacement permit.
    (9) Fees. NMFS may charge a fee for each application for a permit or 
for each transfer or replacement of a permit. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified in the instructions provided with each application form. 
Each applicant must include the appropriate fee with each application or 
request for transfer or replacement. A permit will not be issued to 
anyone who fails to pay the fee.
    (10) Permit condition. An owner of a vessel with a valid swordfish, 
shark, HMS Angling, HMS Charter/Headboat, Incidental HMS squid trawl, or 
HMS Commercial Caribbean Small Boat permit issued pursuant to this part 
must agree, as a condition of such permit, that the vessel's HMS 
fishing, catch, and gear are subject to the requirements of this part 
during the period of validity of the permit, without regard to whether 
such fishing occurs in the U.S. EEZ, or outside the U.S. EEZ, and 
without regard to where such HMS, or gear, are possessed, taken, or 
landed. However, when a vessel fishes within the waters of a state that 
has more restrictive regulations pertaining to HMS, persons aboard the 
vessel must abide by the state's more restrictive regulations.
    (b) HMS Charter/Headboat permits. (1) The owner of a charter boat or 
headboat used to fish for, take, retain, or possess any Atlantic HMS 
must obtain an HMS Charter/Headboat permit. A vessel issued an HMS 
Charter/Headboat permit for a fishing year shall not be issued an HMS 
Angling permit, a Swordfish General Commercial permit, or an Atlantic 
Tunas permit in any category for that same fishing year, regardless of a 
change in the vessel's ownership.
    (2) While persons aboard a vessel that has been issued an HMS 
Charter/Headboat permit are fishing for or are in possession of Atlantic 
HMS, the operator of the vessel must have a valid Merchant Marine 
License or Uninspected Passenger Vessel License, as applicable, issued 
by the U.S. Coast Guard pursuant to regulations at 46 CFR part 10. Such 
Coast Guard license must be carried on board the vessel.

[[Page 449]]

    (c) HMS Angling permits. (1) The owner of any vessel used to fish 
recreationally for Atlantic HMS or on which Atlantic HMS are retained or 
possessed recreationally, must obtain an HMS Angling permit, except as 
provided in Sec. 635.4(c)(2). Atlantic HMS caught, retained, possessed, 
or landed by persons on board vessels with an HMS Angling permit may not 
be sold or transferred to any person for a commercial purpose. A vessel 
issued an HMS Angling permit for a fishing year shall not be issued an 
HMS Charter/Headboat permit, a Swordfish General Commercial permit, or 
an Atlantic Tunas permit in any category for that same fishing year, 
regardless of a change in the vessel's ownership.
    (2) A vessel with a valid Atlantic Tunas General category permit 
issued under paragraph (d) of this section or with a valid Swordfish 
General Commercial permit issued under paragraph (f) of this section, 
may fish in a recreational HMS fishing tournament if the vessel has 
registered for, paid an entry fee to, and is fishing under the rules of 
a tournament that has registered with NMFS' HMS Management Division as 
required under Sec. 635.5(d). When a vessel issued a valid Atlantic 
Tunas General category permit or a valid Swordfish General Commercial 
permit is fishing in such a tournament, such vessel must comply with HMS 
Angling category regulations, except as provided in paragraphs (c)(3) 
and (c)(4) of this section.
    (3) A vessel issued an Atlantic Tunas General category permit 
fishing in a tournament, as authorized under Sec. 635.4(c)(2), shall 
comply with Atlantic Tunas General category regulations when fishing 
for, retaining, possessing, or landing Atlantic tunas.
    (4) A vessel issued a Swordfish General Commercial permit fishing in 
a tournament, as authorized under Sec. 635.4(c)(2), shall comply with 
Swordfish General Commercial permit regulations when fishing for, 
retaining, possessing, or landing Atlantic swordfish.
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used 
to fish for or take Atlantic tunas commercially or on which Atlantic 
tunas are retained or possessed with the intention of sale must obtain 
an HMS Charter/Headboat permit issued under paragraph (b) of this 
section, an HMS Commercial Caribbean Small Boat permit issued under 
paragraph (o) of this section, or an Atlantic tunas permit in one, and 
only one, of the following categories: General, Harpoon, Longline, Purse 
Seine, or Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas, HMS 
Angling, HMS Charter/Headboat, or an HMS Commercial Caribbean Small Boat 
permit may fish for, take, retain, or possess Atlantic tunas, but only 
in compliance with the quotas, catch limits, size classes, and gear 
applicable to the permit or permit category of the vessel from which he 
or she is fishing. Persons may sell Atlantic tunas only if the 
harvesting vessel has a valid permit in the General, Harpoon, Longline, 
Purse Seine, or Trap category of the Atlantic Tunas permit, a valid HMS 
Charter/Headboat, or an HMS Commercial Caribbean Small Boat permit.
    (3) A vessel issued an Atlantic Tunas permit in any category for a 
fishing year shall not be issued an HMS Angling permit, HMS Charter/
Headboat permit, or an Atlantic Tunas permit in any other category for 
that same fishing year, regardless of a change in the vessel's 
ownership. A vessel issued an Atlantic Tunas permit may be issued an HMS 
Commercial Caribbean Small Boat permit, subject to restrictions set 
forth at Sec. 635.4(o), within that same fishing year; however, a 
vessel may not hold any other HMS fishing permit simultaneously with the 
HMS Commercial Caribbean Small Boat permit.
    (4) A person can obtain a limited access Atlantic Tunas Longline 
category permit for a vessel only if the vessel has been issued both a 
limited access permit for shark and a limited access permit, other than 
handgear, for swordfish. Limited access Atlantic Tunas Longline category 
permits may only be obtained through transfer from current owners 
consistent with the provisions under paragraph (l)(2) of this section.
    (5) An owner of a vessel with an Atlantic Tunas permit in the Purse 
Seine category may transfer the permit to another purse seine vessel 
that he or she owns. In either case, the owner must submit a written 
request for

[[Page 450]]

transfer to NMFS, to an address designated by NMFS, and attach an 
application for the new vessel and the existing permit. NMFS will issue 
no more than 5 Atlantic Tunas Purse Seine category permits.
    (e) Shark vessel permits. (1) The owner of each vessel used to fish 
for or take Atlantic sharks or on which Atlantic sharks are retained, 
possessed with an intention to sell, or sold must obtain, in addition to 
any other required permits, at least one of the Federal Atlantic 
commercial shark permits described below or an HMS Commercial Caribbean 
Small Boat permit. A Federal Atlantic commercial shark permit or HMS 
Commercial Caribbean Small Boat permit is not required if the vessel is 
recreationally fishing and retains no more sharks than the recreational 
retention limit specified in Sec. 635.22(c), is operating pursuant to 
the conditions of a shark display or EFP issued pursuant to Sec. 
635.32, or fishes exclusively within State waters. It is a rebuttable 
presumption that the owner or operator of a vessel without a permit 
issued pursuant to this part, on which sharks are possessed in excess of 
the recreational retention limits, intends to sell the sharks.
    (2) The owner of vessels that fish for, take, retain, or possess the 
Atlantic oceanic sharks listed in sections A, B, or C of Table 1 of 
Appendix A with an intention to sell must obtain a Federal Atlantic 
commercial shark directed or incidental limited access permit or an HMS 
Commercial Caribbean Small Boat permit. The only valid Federal 
commercial shark directed and shark incidental limited access permits 
are those that have been issued under the limited access program 
consistent with the provisions under paragraphs (l) and (m) of this 
section.
    (3) A vessel owner issued or required to be issued a Federal 
Atlantic commercial shark directed or shark incidental limited access 
permit may harvest, consistent with the other regulations in this part, 
any shark species listed in sections A, B, or C of table 1 of appendix 
A.
    (4) Owners of vessels that fish for, take, retain, or possess the 
Atlantic oceanic sharks listed in section E of Table 1 of Appendix A to 
this part with an intention to sell them must obtain a Federal 
commercial smoothhound permit. In addition to other permits issued 
pursuant to this section or other authorities, a Federal commercial 
smoothhound permit may be issued to a vessel alone or to a vessel that 
also holds either a Federal Atlantic commercial shark directed or 
incidental limited access permit.
    (f) Swordfish vessel permits. The Swordfish General Commercial 
permit and the HMS Charter/Headboat permit provisions in paragraphs 
(f)(1) and (2) of this section will first become effective beginning 
with issuance of the 2014 fishing permit.
    (1) Except as specified in paragraphs (n) and (o) of this section, 
the owner of a vessel of the United States used to fish for or take 
swordfish commercially from the management unit, or on which swordfish 
from the management unit are retained or possessed with an intention to 
sell, or sold must obtain, an HMS Charter/Headboat permit issued under 
paragraph (b) of this section, or one of the following swordfish 
permits: A swordfish directed limited access permit, swordfish 
incidental limited access permit, swordfish handgear limited access 
permit, or a Swordfish General Commercial permit. These permits cannot 
be held in combination with each other on the same vessel, except that 
an HMS Charter/Headboat permit may be held in combination with a 
swordfish handgear limited access permit on the same vessel. It is a 
rebuttable presumption that the owner or operator of a vessel on which 
swordfish are possessed in excess of the recreational retention limits 
intends to sell the swordfish.
    (2) The only valid commercial Federal vessel permits for swordfish 
are the HMS Charter/Headboat permit issued under paragraph (b) of this 
section (and only when on a non for-hire trip), the Swordfish General 
Commercial permit issued under paragraph (f) of this section, a 
swordfish limited access permit issued consistent with paragraphs (l) 
and (m) of this section, or permits issued under paragraphs (n) and (o) 
of this section.
    (3) A commercial Federal permit for swordfish is not required if the 
vessel is recreational fishing.

[[Page 451]]

    (4) A directed or incidental limited access permit for swordfish is 
valid only when the vessel has on board a valid limited access permit 
for shark and a valid Atlantic Tunas Longline category permit issued for 
such vessel.
    (5) A Swordfish General Commercial permit may not be held on a 
vessel in conjunction with an HMS Charter/Headboat permit issued under 
paragraph (b) of this section, an HMS Angling category permit issued 
under paragraph (c), a swordfish limited access permit issued consistent 
with paragraphs (l) and (m), an Incidental HMS Squid Trawl permit issued 
under paragraph (n), or an HMS Commercial Caribbean Small Boat permit 
issued under paragraph (o). A vessel issued a Swordfish General 
Commercial open access permit for a fishing year shall not be issued an 
HMS Angling permit or an HMS Charter/Headboat permit for that same 
fishing year, regardless of a change in the vessel's ownership.
    (g) Dealer permits--(1) Atlantic tunas. A dealer, as defined under 
Sec. 600.10 of this chapter, must possess a valid federal Atlantic 
tunas dealer permit to purchase, trade, or barter any Atlantic tunas 
except as noted under paragraph (o) of this section.
    (2) Shark. A dealer, as defined in Sec. 600.10 of this chapter, 
must possess a valid federal Atlantic shark dealer permit to purchase, 
trade, or barter any Atlantic shark listed in Table 1 of appendix A of 
this part except as noted under paragraph (o) of this section.
    (3) Swordfish. A dealer, as defined under Sec. 600.10 of this 
chapter, must possess a valid federal Atlantic swordfish dealer permit 
to purchase, trade, or barter any Atlantic swordfish except as noted 
under paragraph (o) of this section.
    (h) Applications for permits. An owner of a vessel or a dealer must 
submit to NMFS, at an address designated by NMFS, a complete application 
and required supporting documents at least 30 days before the date on 
which the permit is to be made effective. Application forms and 
instructions for their completion are available from NMFS.
    (1) Atlantic Tunas, HMS Angling, HMS Charter/Headboat, Swordfish 
General Commercial, Incidental HMS Squid Trawl, and HMS Commercial 
Caribbean Small Boat vessel permits. (i) An applicant must provide all 
information concerning his or her identification, vessel, gear used, 
fishing areas, fisheries participated in, the corporation or partnership 
owning the vessel, and income requirements requested by NMFS and 
included on the application form.
    (ii) An applicant must also submit a copy of the vessel's valid U.S. 
Coast Guard documentation or, if not documented, a copy of its valid 
state registration and any other information that may be necessary for 
the issuance or administration of the permit as requested by NMFS. The 
owner must submit such information to an address designated by NMFS.
    (iii) NMFS may require an applicant to provide documentation 
supporting the application before a permit is issued or to substantiate 
why such permit should not be revoked or otherwise sanctioned under 
paragraph (a)(7) of this section.
    (iv) An applicant for an incidental HMS squid trawl permit must 
submit, in addition to all other information specified in Sec. 
635.4(h)(1), a copy of a valid Illex squid moratorium permit, as 
described at Sec. 648.4(a)(5)(i) of this chapter.
    (2) Limited access permits for swordfish and shark. See paragraph 
(l) of this section for transfers of LAPs for shark and swordfish. See 
paragraph (m) of this section for renewals of LAPs for shark and 
swordfish.
    (3) Dealer permits. (i) An applicant for a dealer permit must 
provide all the information requested on the application form necessary 
to identify the company, its principal place of business, and mechanisms 
by which the company can be contacted.
    (ii) An applicant must also submit a copy of each state wholesaler's 
license held by the dealer and, if a business is owned by a corporation 
or partnership, the corporate or partnership documents requested on the 
application form.
    (iii) An applicant must also submit any other information that may 
be necessary for the issuance or administration of the permit, as 
requested by NMFS.
    (i) Change in application information. A vessel owner or dealer must 
report

[[Page 452]]

any change in the information contained in an application for a permit 
within 30 days after such change. The report must be submitted in a 
manner and/or to a location designated by NMFS. For certain information 
changes, a new permit may be issued to incorporate the new information, 
subject to limited access provisions specified in paragraph (l)(2) of 
this section. NMFS may require supporting documentation before a new 
permit will be issued. If a change in the permit information is not 
reported within 30 days, the permit is void as of the 31st day after 
such change.
    (j) Permit issuance. (1) NMFS will issue a permit within 30 days of 
receipt of a complete and qualifying application. An application is 
complete when all requested forms, information, and documentation have 
been received, including all reports and fishing or catch information 
required to be submitted under this part.
    (2) NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information or reports 
required to be submitted under this part. If the applicant fails to 
correct the deficiency within 30 days following the date of 
notification, the application will be considered abandoned.
    (3) A vessel owner issued an Atlantic Tunas permit in the General, 
Harpoon, or Trap category or an Atlantic HMS permit in the Angling or 
Charter/Headboat category under paragraph (b), (c), or (d) of this 
section may change the category of the vessel permit once within 45 
calendar days of the date of issuance of the permit, provided the vessel 
has not landed bluefin tuna during those 45 calendar days as verified by 
NMFS via landings data. After 45 calendar days from the date of issuance 
of the permit, the vessel owner may not change the permit category until 
the following fishing season.
    (k) Duration. A permit issued under this section will be valid for 
the period specified on it unless it is revoked, suspended, or modified 
pursuant to subpart D of 15 CFR part 904, the vessel or dealership is 
sold, or any other information previously submitted on the application 
changes, as specified in paragraph (i) of this section.
    (l) Transfer--(1) General. A permit issued under this section is not 
transferable or assignable to another vessel or owner or dealer; it is 
valid only for the vessel or owner or dealer to whom it is issued. If a 
person acquires a vessel or dealership and wants to conduct activities 
for which a permit is required, that person must apply for a permit in 
accordance with the provisions of paragraph (h) of this section or, if 
the acquired vessel is permitted in either the shark, swordfish, or tuna 
longline fishery, in accordance with paragraph (l)(2) of this section. 
If the acquired vessel or dealership is currently permitted, an 
application must be accompanied by the original permit, by a copy of a 
signed bill of sale or equivalent acquisition papers, and the 
appropriate workshop certificates as specified in Sec. 635.8.
    (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the 
restrictions on upgrading the harvesting capacity of permitted vessels 
in paragraph (l)(2)(ii) of this section, as applicable, and to the 
limitations on ownership of permitted vessels in paragraph (l)(2)(iii) 
of this section, an owner may transfer a shark or swordfish LAP or an 
Atlantic Tunas Longline category permit to another vessel that he or she 
owns or to another person. Directed handgear LAPs for swordfish may be 
transferred to another vessel or to another person but only for use with 
handgear and subject to the upgrading restrictions in paragraph 
(l)(2)(ii) of this section and the limitations on ownership of permitted 
vessels in paragraph (l)(2)(iii) of this section. Shark directed and 
incidental LAPs and swordfish incidental LAPs are not subject to the 
upgrading requirements specified in paragraph (l)(2)(ii) of this 
section. Shark and swordfish incidental LAPs are not subject to the 
ownership requirements specified in paragraph (l)(2)(iii) of this 
section.
    (ii) An owner may upgrade a vessel with a swordfish LAP or an 
Atlantic Tunas Longline category permit, or transfer such permit to 
another vessel or to another person, and be eligible to retain or renew 
such permit only if the upgrade or transfer does not result in

[[Page 453]]

an increase in horsepower of more than 20 percent or an increase of more 
than 10 percent in length overall, gross registered tonnage, or net 
tonnage from the vessel baseline specifications. A vessel owner that 
concurrently held a directed or incidental swordfish LAP, a directed or 
incidental shark LAP, and an Atlantic Tunas Longline category permit as 
of August 6, 2007, is eligible to increase the vessel size or transfer 
the permits to another vessel as long as any increase in the three 
specifications of vessel size (length overall, gross registered tonnage, 
and net tonnage) does not exceed 35 percent of the vessel baseline 
specifications, as defined in paragraph (l)(2)(ii)(A) of this section; 
horsepower for those eligible vessels is not limited for purposes of 
vessel upgrades or permit transfers.
    (A) The vessel baseline specifications are the respective 
specifications (length overall, gross registered tonnage, net tonnage, 
horsepower) of the first vessel that was issued an initial limited 
access permit or, if applicable, of that vessel's replacement owned as 
of May 28, 1999.
    (B) Subsequent to the issuance of a limited access permit, the 
vessel's horsepower may be increased, relative to the baseline 
specifications of the vessel initially issued the LAP, through 
refitting, replacement, or transfer. Such an increase may not exceed 20 
percent of the baseline specifications of the vessel initially issued 
the LAP.
    (C) Subsequent to the issuance of a limited access permit, the 
vessel's length overall, gross registered tonnage, and net tonnage may 
be increased, relative to the baseline specifications of the vessel 
initially issued the LAP, through refitting, replacement, or transfer. 
An increase in any of these three specifications of vessel size may not 
exceed 10 percent of the baseline specifications of the vessel initially 
issued the LAP. This type of upgrade may be done separately from an 
engine horsepower upgrade.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed or tuna 
longline limited access permits have been issued.
    (iv) In order to transfer a swordfish, shark or an Atlantic Tunas 
Longline category limited access permit to a replacement vessel, the 
owner of the vessel issued the limited access permit must submit a 
request to NMFS, at an address designated by NMFS, to transfer the 
limited access permit to another vessel, subject to requirements 
specified in paragraph (l)(2)(ii) of this section, if applicable. The 
owner must return the current valid limited access permit to NMFS with a 
complete application for a limited access permit, as specified in 
paragraph (h) of this section, for the replacement vessel. Copies of 
both vessels' U.S. Coast Guard documentation or state registration must 
accompany the application.
    (v) For swordfish, shark, and an Atlantic Tunas Longline category 
limited access permit transfers to a different person, the transferee 
must submit a request to NMFS, at an address designated by NMFS, to 
transfer the original limited access permit(s), subject to the 
requirements specified in paragraphs (l)(2)(ii) and (iii) of this 
section, if applicable. The following must accompany the completed 
application: The original limited access permit(s) with signatures of 
both parties to the transaction on the back of the permit(s) and the 
bill of sale for the permit(s). A person must include copies of both 
vessels' U.S. Coast Guard documentation or state registration for 
limited access permit transfers involving vessels.
    (vi) For limited access permit transfers in conjunction with the 
sale of the permitted vessel, the transferee of the vessel and limited 
access permit(s) issued to that vessel must submit a request to NMFS, at 
an address designated by NMFS, to transfer the limited access permit(s), 
subject to the requirements specified in paragraphs (l)(2)(ii) and (iii) 
of this section, if applicable. The following must accompany the 
completed application: The original limited access permit(s) with 
signatures of both parties to the transaction on the back of the 
permit(s), the bill of sale for the limited access permit(s) and the 
vessel, and a copy of the vessel's U.S. Coast Guard documentation or 
state registration.

[[Page 454]]

    (vii) The owner of a vessel issued a limited access permit(s) who 
sells the permitted vessel but retains the limited access permit(s) must 
notify NMFS within 30 days after the sale of the change in application 
information in accordance with paragraph (i) of this section. If the 
owner wishes to transfer the limited access permit(s) to a replacement 
vessel, he/she must apply according to the procedures in paragraph 
(l)(2)(iv) of this section.
    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental LAP for swordfish, a directed or an incidental catch LAP 
for shark, and an Atlantic Tunas Longline category permit are required 
to retain swordfish for commercial purposes. Accordingly, a LAP for 
swordfish obtained by transfer without either a directed or incidental 
catch shark LAP or an Atlantic tunas Longline category permit will not 
entitle an owner or operator to use a vessel to fish in the swordfish 
fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed or 
incidental LAP for swordfish, a directed or an incidental catch LAP for 
shark, and an Atlantic Tunas Longline category permit are required to 
retain Atlantic tunas taken by pelagic longline gear. Accordingly, an 
Atlantic Tunas Longline category permit obtained by transfer without 
either a directed or incidental catch swordfish or shark LAP will not 
entitle an owner or operator to use the permitted vessel to fish in the 
Atlantic tunas fishery with pelagic longline gear.
    (m) Renewal--(1) General. Persons must apply annually for a dealer 
permit for Atlantic tunas, sharks, and swordfish, and for an Atlantic 
HMS Angling, HMS Charter/Headboat, tunas, shark, swordfish, Incidental 
HMS squid trawl, or HMS Commercial Caribbean Small Boat vessel permit. 
Except as specified in the instructions for automated renewals, persons 
must submit a renewal application to NMFS, along with a copy of the 
applicable valid workshop certificate or certificates, if required 
pursuant to Sec. 635.8, at an address designated by NMFS, at least 30 
days before a permit's expiration to avoid a lapse of permitted status. 
NMFS will renew a permit if the specific requirements for the requested 
permit are met, including those described in paragraphs (h)(1)(iv) and 
(l)(2) of this section; all reports required under the Magnuson-Stevens 
Act and ATCA have been submitted, including those described in 
Sec. Sec. 635.5 and 300.185 of this title; the applicant is not subject 
to a permit sanction or denial under paragraph (a)(6) of this section; 
and the workshop requirements specified in Sec. 635.8 are met.
    (2) Shark and swordfish permits. A vessel owner must obtain the 
applicable limited access permit(s) issued pursuant to the requirements 
in paragraphs (e) and (f) of this section and/or a Federal commercial 
smoothhound permit issued under paragraph (e) of this section; or an HMS 
Commercial Caribbean Small Boat permit issued under paragraph (o) of 
this section, if: The vessel is used to fish for or take sharks 
commercially from the management unit; sharks from the management unit 
are retained or possessed on the vessel with an intention to sell; or 
sharks from the management unit are sold from the vessel. A vessel owner 
must obtain the applicable limited access permit(s) issued pursuant to 
the requirements in paragraphs (e) and (f) of this section, a Swordfish 
General Commercial permit issued under paragraph (f) of this section, an 
Incidental HMS Squid Trawl permit issued under paragraph (n) of this 
section, an HMS Commercial Caribbean Small Boat permit issued under 
paragraph (o) of this section, or an HMS Charter/Headboat permit issued 
under paragraph (b) of this section, which authorizes a Charter/Headboat 
to fish commercially for swordfish on a non for-hire trip subject to the 
retention limits at Sec. 635.24(b)(4) if: The vessel is used to fish 
for or take swordfish commercially from the management unit; swordfish 
from the management unit are retained or possessed on the vessel with an 
intention to sell; or swordfish from the management unit are sold from 
the vessel. The commercial retention and sale of swordfish from vessels 
issued an HMS Charter/Headboat permit is permissible only when the 
vessel is on a non for-hire trip. Only persons holding non-expired

[[Page 455]]

shark and swordfish limited access permit(s) in the preceding year are 
eligible to renew those limited access permit(s). Transferors may not 
renew limited access permits that have been transferred according to the 
procedures in paragraph (l) of this section.
    (n) Incidental HMS Squid Trawl permits. (1) The owner of a vessel in 
the squid trawl fishery, as described at Sec. 635.24(b)(2), on which 
Atlantic swordfish are retained, or possessed with an intention to sell, 
or from which Atlantic swordfish are sold must obtain, in addition to 
any other required permits, an Incidental HMS squid trawl permit.
    (2) An Incidental HMS squid trawl permit is valid only when the 
vessel has on board a valid Illex squid moratorium permit, as described 
at Sec. 648.4(a)(5)(i) of this chapter, and no commercial fishing gear 
other than trawl gear.
    (o) HMS Commercial Caribbean Small Boat permits. (1) The owner of a 
vessel who fishes in the U.S. Caribbean, as defined at Sec. 622.2 of 
this chapter, possesses handgear or green-stick gear and retains, with 
the intention to sell, any BAYS tunas, Atlantic swordfish, or Atlantic 
sharks may obtain an HMS Commercial Caribbean Small Boat permit. An HMS 
Commercial Caribbean Small Boat permit is valid only within the U.S. 
Caribbean, as defined at Sec. 622.2 of this chapter.
    (2) To be eligible for an HMS Commercial Caribbean Small Boat 
permit, vessel owners must provide documentation that the vessel is less 
than or equal to 13.7 m (45 ft) in length overall.
    (3) A vessel issued an HMS Commercial Caribbean Small Boat permit 
may not be issued any other HMS fishing permit, except those issued 
under Sec. 635.32, as long as the HMS Commercial Caribbean Small Boat 
permit is valid.
    (4) The owner of a vessel issued an HMS Commercial Caribbean Small 
Boat permit may fish for, take, retain, or possess only BAYS tunas, 
Atlantic swordfish, and Atlantic sharks, subject to the trip limits 
specified at Sec. 635.24.
    (5) HMS landed under an HMS Commercial Caribbean Small Boat permit 
may be sold by the owner or operator to individuals who do not possess a 
valid HMS dealer permit otherwise required under Sec. 635.4(g). HMS 
Commercial Caribbean Small Boat permit holders may not sell HMS 
harvested or landed by another vessel or purchase, barter, or trade for 
HMS harvested by other vessels with the intent to sell.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.5  Recordkeeping and reporting.

    Information on HMS vessel and dealer reporting requirements may be 
obtained from the Division Chief or where otherwise stated in this part.
    (a) Vessels--(1) Logbooks. If an owner of an HMS charter/headboat 
vessel, an Atlantic tunas vessel, a shark vessel, a swordfish vessel, or 
a vessel in the squid trawl fishery for which a permit has been issued 
under Sec. 635.4(b), (d), (e), (f), or (n) is selected for logbook 
reporting in writing by NMFS, he or she must maintain and submit a 
fishing record on a logbook form specified by NMFS. Entries are required 
regarding the vessel's fishing effort and the number of fish landed and 
discarded. Entries on a day's fishing activities must be entered on the 
logbook form within 48 hours of completing that day's activities or 
before offloading, whichever is sooner. The owner or operator of the 
vessel must submit the logbook form(s) postmarked within 7 days of 
offloading all Atlantic HMS. If no fishing occurred during a calendar 
month, a no-fishing form so stating must be submitted postmarked no 
later than 7 days after the end of that month. If an owner of an HMS 
charter/headboat vessel, Atlantic tunas vessel, shark vessel, swordfish 
vessel, or a vessel in the squid trawl fishery permitted under Sec. 
635.4(b), (d), (e), (f), or (n) is selected in writing by NMFS to 
complete the cost-earnings portion of the logbook(s), the owner or 
operator must maintain and submit the cost-earnings portion of the 
logbook postmarked no later than 30 days after completing the offloading 
for each trip fishing for Atlantic HMS during that calendar year, and 
submit the Atlantic Highly Migratory Species Annual Expenditures form(s) 
postmarked no later than the date specified on the form of the following 
year.

[[Page 456]]

    (2) Weighout slips. If an owner of a permitted vessel is required to 
maintain and submit logbooks under paragraph (a)(1) of this section, and 
Atlantic HMS harvested on a trip are sold, the owner or operator must 
obtain and submit copies of weighout slips for those fish. Each weighout 
slip must show the dealer to whom the fish were transferred, the date 
they were transferred, and the carcass weight of each fish for which 
individual weights are normally recorded. For fish that are not 
individually weighed, a weighout slip must record total weights by 
species and market category. A weighout slip for sharks prior to or as 
part of a commercial transaction involving shark carcasses or fins must 
record the weights of carcasses and any detached fins. The owner or 
operator must also submit copies of weighout slips with the logbook 
forms required to be submitted under paragraph (a)(1) of this section.
    (3) Bluefin tuna landed by a commercial vessel and not sold. If a 
person who catches and lands a large medium or giant bluefin tuna from a 
vessel issued a permit in any of the commercial categories for Atlantic 
tunas does not sell or otherwise transfer the bluefin tuna to a dealer 
who has a dealer permit for Atlantic tunas, the person must contact a 
NMFS enforcement agent, at a number designated by NMFS, immediately upon 
landing such bluefin tuna, provide the information needed for the 
reports required under paragraph (b)(2)(i) of this section, and, if 
requested, make the tuna available so that a NMFS enforcement agent or 
authorized officer may inspect the fish and attach a tag to it. 
Alternatively, such reporting requirement may be fulfilled if a dealer 
who has a dealer permit for Atlantic tunas affixes a dealer tag as 
required under paragraph (b)(2)(ii) of this section and reports the 
bluefin tuna as being landed but not sold on the reports required under 
paragraph (b)(2)(i) of this section. If a vessel is placed on a trailer, 
the person must contact a NMFS enforcement agent, or the bluefin tuna 
must have a dealer tag affixed to it by a permitted Atlantic tunas 
dealer, immediately upon the vessel being removed from the water. All 
bluefin tuna landed but not sold will be applied to the quota category 
according to the permit category of the vessel from which it was landed.
    (4) Bluefin tuna discarded dead, or landed by a commercial vessel 
and sold. The owner of a vessel that has been permitted or that is 
required to be permitted under Sec. 635.4 in the Atlantic Tunas General 
or Harpoon categories, or has been permitted or is required to be 
permitted under Sec. 635.4 under the HMS Charter/Headboat category and 
fishing under the General category quotas and daily limits as specified 
at Sec. 635.23(c), must report all discards and/or landings of bluefin 
tuna through the NMFS electronic catch reporting system within 24 hours 
of the landings or the end of trip. Such reports may be made by either 
calling a phone number designated by NMFS or by submitting the required 
information online to a Web site designated by NMFS. The owner of a 
vessel that has been permitted in a different bluefin tuna category must 
report as specified elsewhere in this section (Sec. 635.5).
    (5) Chartering arrangements. (i) For the purposes of this section, a 
chartering arrangement means any contract, agreement, or commitment 
between a U.S. vessel owner and a foreign entity (e.g., government, 
company, person) by which the control, use, possession, or services of a 
vessel are secured, for a period of time for fishing targeting Atlantic 
HMS. Chartering arrangements under this part do not include bareboat 
charters under which a vessel enters into a fishing agreement with a 
foreign entity, changes registration to fish under another country's 
registration then, once the agreed-upon fishing is completed, reverts 
back to the vessel's original registration.
    (ii) Before fishing under a chartering arrangement, the owner of a 
fishing vessel subject to U.S. jurisdiction must apply for, and obtain, 
a chartering permit as specified in Sec. 635.32 (e) and (f). If a 
chartering permit is obtained, the vessel owner must submit catch 
information as specified in the terms and conditions of that permit. All 
catches will be recorded and counted against the applicable quota of the 
Contracting Party to which the chartering foreign entity is a member 
and, unless otherwise provided in the chartering permit,

[[Page 457]]

must be offloaded in the ports of the chartering foreign entity or 
offloaded under the direct supervision of the chartering foreign entity.
    (iii) If the chartering arrangement terminates before the expiration 
of the charter permit, the vessel owner must notify NMFS immediately and 
in writing, upon termination of the chartering arrangement. Such 
notification requirements shall also apply to situations where the 
chartering arrangement is temporarily suspended and during intermittent 
periods where the vessel may be fishing under U.S. quotas for Atlantic 
HMS.
    (6) Atlantic Tunas permitted vessels. The owner or operator of an 
Atlantic Tunas vessel fishing with pelagic longline gear or an Atlantic 
Tunas Purse Seine category participant is subject to the VMS reporting 
requirements under Sec. 635.69(e)(4) and the applicable Individual 
Bluefin Quota (IBQ) Program and/or leasing requirements under Sec. 
635.15(a)(2).
    (b) Dealers. Persons who have been issued a dealer permit under 
Sec. 635.4 must submit reports to NMFS, to an address designated by 
NMFS, and maintain records as follows:
    (1) Atlantic HMS. (i) Dealers that have been issued or should have 
been issued a Federal Atlantic BAYS tunas, swordfish, and/or shark 
dealer permit under Sec. 635.4 must submit to NMFS all reports required 
under this section within the timeframe specified under paragraph 
(b)(1)(ii) of this section. BAYS tunas, swordfish, and sharks 
commercially-harvested by a vessel can only be first received by dealers 
that have been issued or should have been issued an Atlantic tunas, 
swordfish, and/or shark dealer permit under Sec. 635.4. All federal 
Atlantic HMS dealers must provide a detailed report of all fish first 
received to NMFS within the period specified under paragraph (b)(1)(ii) 
of this section. All reports must be species-specific and must include 
the required information about all, swordfish, and sharks received by 
the dealer, including the required vessel information, regardless of 
where the fish were harvested or whether the harvesting vessel is 
permitted under Sec. 635.4. For sharks, each report must specify the 
total weight of the carcass(es) without the fins for each species, and 
the total fin weight by grade for all sharks combined. Dealers are also 
required to submit ``negative'' reports, indicating no receipt of any 
species, within the timeframe specified under paragraph (b)(1)(ii) of 
this section if they did not first receive any fish during the reporting 
period . As stated in Sec. 635.4(a)(6), failure to comply with these 
recordkeeping and reporting requirements may result in existing dealer 
permit(s) being revoked, suspended, or modified, and in the denial of 
any permit applications.
    (ii) Reports of any Atlantic BAYS tunas, sharks, and/or swordfish 
first received by dealers from a vessel must be submitted electronically 
on a weekly basis through a NMFS-approved electronic reporting system by 
the dealer and received by NMFS no later than midnight, local time, of 
the first Tuesday following the end of the reporting week unless the 
dealer is otherwise notified by NMFS. Reports of BAYS tunas, sharks, 
and/or swordfish may be modified for not more than 30 days from when the 
dealer report is submitted to NMFS. NMFS will require BAYS tunas, 
swordfish, and shark dealers to submit dealer reports to NMFS on a 
weekly basis. Atlantic BAYS tunas, sharks, and swordfish dealers must 
submit electronic negative reports stating that no BAYS tunas, sharks, 
and/or swordfish were first received when they received no fish of these 
species, and no parts thereof, during the reporting period. Reporting 
requirements for bluefin tuna are specified in paragraph (b)(2) of this 
section. The negative reporting requirement does not apply for bluefin 
tuna.
    (iii) Atlantic HMS dealers are not authorized to first receive 
Atlantic swordfish, sharks, and/or BAYS tunas if the required reports 
have not been submitted and received by NMFS according to reporting 
requirements under this section. Delinquent reports automatically result 
in an Atlantic HMS dealer becoming ineligible to first receive Atlantic 
swordfish, sharks, and/or BAYS tunas. Atlantic HMS dealers who become 
ineligible to first receive Atlantic swordfish, sharks, and/or BAYS 
tunas due to delinquent reports are authorized to first receive Atlantic

[[Page 458]]

swordfish, sharks, and/or BAYS tunas only once all required and 
delinquent reports have been completed, submitted by the dealer, and 
received by NMFS.
    (2) Requirements for bluefin tuna--(i) Dealer reports--(A) Landing 
reports. Each dealer with a valid Atlantic Tunas dealer permit issued 
under Sec. 635.4 must submit the landing reports to NMFS for each 
bluefin received from a U.S. fishing vessel. Such reports must be 
submitted electronically via the Internet to a number or a web address 
designated by NMFS not later than 24 hours after receipt of the bluefin. 
Landing reports must include the name and permit number of the vessel 
that landed the bluefin and other information regarding the catch as 
instructed by NMFS. When purchasing bluefin tuna from eligible IBQ 
Program participants or Atlantic Tunas Purse Seine category 
participants, permitted Atlantic Tunas dealers must also enter landing 
reports into the electronic IBQ System established under Sec. 635.15, 
not later than 24 hours after receipt of the bluefin. The vessel owner 
or operator must confirm that the IBQ System landing report information 
is accurate by entering a unique PIN when the dealer report is 
submitted. The dealer must inspect the vessel's permit to verify that it 
is a commercial category, the required vessel name and permit number as 
listed on the permit are correctly recorded in the landing report, and 
that the vessel permit has not expired.
    (B) Bi-weekly reports. Each dealer with a valid Atlantic tunas 
permit under Sec. 635.4 must submit a complete bi-weekly report on 
forms available from NMFS for BFT received from U.S. vessels. For BFT 
received from U.S. vessels on the 1\st\ through the 15\th\ of each 
month, the dealer must submit the bi-weekly report form to NMFS, to be 
received by NMFS, not later than the 25\th\ of that month. Reports of 
BFT received on the 16\th\ through the last day of each month must be 
received by NMFS not later than the 10\th\ of the following month.
    (ii) Dealer tags. NMFS will issue numbered dealer tags to each 
person issued a dealer permit for Atlantic tunas under Sec. 635.4. A 
dealer tag is not transferable and is usable only by the dealer to whom 
it is issued. Dealer tags may not be reused once affixed to a tuna or 
recorded on a package, container, or report.
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a trailer, 
the dealer or dealer's agent must affix the dealer tag to the BFT 
immediately upon the vessel being removed from the water. The dealer tag 
must be affixed to the BFT between the fifth dorsal finlet and the 
caudal keel.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported bluefin tuna must remain on the fish until it is cut into 
portions. If the bluefin tuna or bluefin tuna parts subsequently are 
packaged for transport for domestic commercial use or for export, the 
number of the dealer tag or the BSD tag must be written legibly and 
indelibly on the outside of any package containing the tuna. Such tag 
number also must be recorded on any document accompanying the shipment 
of bluefin tuna for commercial use or export.
    (iii) Dealers must comply with dealer requirements related to the 
Individual Bluefin Quota Program under Sec. 635.15(a)(4)(iii).
    (3) Recordkeeping. Dealers must retain at their place of business a 
copy of each report required under paragraphs (b)(1)(i), (b)(1)(ii), and 
(b)(2)(i) of this section for a period of 2 years from the date on which 
each report was required to be submitted.
    (c) Anglers. All bluefin tuna, billfish, and North Atlantic 
swordfish non-tournament landings must be reported as specified under 
paragraphs (c)(1) or (c)(2) of this section, unless an alternative 
recreational catch reporting system has been established as specified 
under paragraph (c)(3) of this section. Tournament landings must be 
reported as specified under paragraph (d) of this section.
    (1) Bluefin tuna. The owner of a vessel permitted, or required to be 
permitted in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category

[[Page 459]]

under Sec. 635.4 must report the catch of all bluefin tuna discarded 
dead and/or retained under the Angling category quota designated at 
Sec. 635.27(a) through the NMFS electronic catch reporting system 
within 24 hours of the landing.
    (2) The owner, or the owner('s) designee, of a vessel permitted, or 
required to be permitted, in the Atlantic HMS Angling or Atlantic HMS 
Charter/Headboat category must report all non-tournament landings of 
Atlantic blue marlin, Atlantic white marlin, roundscale spearfish, and 
Atlantic sailfish, and all non-tournament and non-commercial landings of 
North Atlantic swordfish to NMFS by telephone to a number designated by 
NMFS, or electronically via the internet to an internet website 
designated by NMFS, or by other means as specified by NMFS, within 24 
hours of that landing. For telephone landing reports, the owner, or the 
owner(s designee, must provide a contact phone number so that a NMFS 
designee can call the vessel owner, or the owner(s designee, for follow 
up questions and to confirm the reported landing. Regardless of how 
submitted, landing reports submitted to NMFS are not complete unless the 
vessel owner, or the owner(s designee, has received a confirmation 
number from NMFS or a NMFS designee.
    (3) Alternative recreational catch reporting. Alternative 
recreational catch reporting procedures may be established by NMFS with 
cooperation from states which may include such methodologies as 
telephone, dockside or mail surveys, mail in or phone-in reports, 
tagging programs, catch cards, or mandatory check-in stations. A census 
or a statistical sample of persons fishing under the recreational 
fishing regulations of this part may be used for these alternative 
reporting programs (after the programs have received Paperwork Reduction 
Act approval from OMB). Persons or vessel owners selected for reporting 
will be notified by NMFS or by the cooperating state agency of the 
requirements and procedures for reporting recreational catch. Each 
person so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that recreational landing reporting 
systems implemented by the states, if mandatory, at least as 
restrictive, and effectively enforced, are sufficient for recreational 
landing monitoring as required under this part. In such case, NMFS will 
file with the Office of the Federal Register for publication 
notification indicating that compliance with the state system satisfies 
the reporting requirements of paragraph (c) of this section.
    (d) Tournament operators. For all tournaments that are conducted 
from a port in an Atlantic coastal state, including the U.S. Virgin 
Islands and Puerto Rico, a tournament operator must register with the 
NMFS' HMS Management Division, at least 4 weeks prior to commencement of 
the tournament by submitting information on the purpose, dates, and 
location of the tournament to NMFS. A tournament is not registered 
unless the tournament operator has received a confirmation number from 
the NMFS' HMS Management Division. NMFS will notify the tournament 
operator in writing when a tournament has been selected for reporting. 
Tournament operators that are selected to report must maintain and 
submit to NMFS a record of catch and effort on forms available from 
NMFS. Tournament operators must submit the completed forms to NMFS, at 
an address designated by NMFS, postmarked no later than the 7th day 
after the conclusion of the tournament, and must attach a copy of the 
tournament rules.
    (e) Inspection. Any person authorized to carry out enforcement 
activities under the regulations in this part has the authority, without 
warrant or other process, to inspect, at any reasonable time, catch on 
board a vessel or on the premises of a dealer, logbooks, catch reports, 
statistical records, sales receipts, or other records and reports 
required by this part to be made, kept, or furnished. An owner or 
operator of a fishing vessel that has been issued a permit under Sec. 
635.4 or Sec. 635.32 must allow NMFS or an authorized person to inspect 
and copy any required reports and the records, in any form, on which the 
completed reports are based, wherever they exist. An agent of a person 
issued a permit under this part, or anyone responsible for offloading, 
storing, packing, or selling

[[Page 460]]

regulated HMS for such permittee, shall be subject to the inspection 
provisions of this section.
    (f) Additional data and inspection. Additional data on fishing 
effort directed at Atlantic HMS or on catch of Atlantic HMS, regardless 
of whether retained, may be collected by contractors and statistical 
reporting agents, as designees of NMFS, and by authorized officers. A 
person issued a permit under Sec. 635.4 is required to provide 
requested information about fishing activity, and a person, regardless 
of whether issued a permit under Sec. 635.4, who possesses an Atlantic 
HMS is required to make such fish or parts thereof available for 
inspection by NMFS or its designees upon request.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.5, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.6  Vessel and gear identification.

    (a) Vessel number. For the purposes of this section, a vessel's 
number is the vessel's official number issued by either by the U.S. 
Coast Guard or by the appropriate state agency.
    (b) Vessel identification. (1) An owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4, other than an HMS 
Angling permit, must display the vessel number--
    (i) On the port and starboard sides of the deckhouse or hull and on 
an appropriate weather deck, so as to be clearly visible from an 
enforcement vessel or aircraft.
    (ii) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) in length; at least 10 inches (25.4 cm) in height for all other 
vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 cm) in 
height for vessels 25 ft (7.6 m) in length or less.
    (2) The owner or operator of a vessel for which a permit has been 
issued under Sec. 635.4 must keep the vessel's number clearly legible 
and in good repair and ensure that no part of the vessel, its rigging, 
its fishing gear, or any other material on board obstructs the view of 
the vessel's number from an enforcement vessel or aircraft.
    (c) Gear identification. (1) The owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 and that uses handline, 
buoy gear, harpoon, longline, or gillnet, must display the vessel's 
name, registration number or Atlantic Tunas, HMS Angling, or HMS 
Charter/Headboat permit number on each float attached to a handline, 
buoy gear, or harpoon, and on the terminal floats and high-flyers (if 
applicable) on a longline or gillnet used by the vessel. The vessel's 
name or number must be at least 1 inch (2.5 cm) in height in block 
letters or arabic numerals in a color that contrasts with the background 
color of the float or high-flyer.
    (2) An unmarked handline, buoy gear, harpoon, longline, or gillnet, 
is illegal and may be disposed of in an appropriate manner by NMFS or an 
authorized officer.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001; 67 
FR 77437, Dec. 18, 2002; 71 FR 58166, Oct. 2, 2006]



Sec. 635.7  At-sea observer coverage.

    (a) Applicability. NMFS may select for at-sea observer coverage any 
vessel that has an Atlantic HMS, tunas, shark, or swordfish permit 
issued under Sec. 635.4 or Sec. 635.32. When selected, vessels are 
required to take observers on a mandatory basis. Vessels permitted in 
the HMS Charter/Headboat and Angling categories may be requested to take 
observers on a voluntary basis.
    (b) Selection of vessels. NMFS will notify a vessel owner, in 
writing, by email, by phone, or in person when his or her vessel is 
selected for observer coverage. Vessels will be selected to provide 
information on catch, bycatch and other fishery data according to the 
need for representative samples.
    (c) Notification of trips. If selected to carry an observer, it is 
the responsibility of the vessel owner to arrange for and facilitate 
observer placement. The owner or operator of a vessel that is selected 
under paragraph (b) of this section must notify NMFS, at an address or 
by phone at a number designated by NMFS, before commencing any fishing 
trip that may result in the incidental catch or harvest of Atlantic

[[Page 461]]

HMS. Notification procedures and information requirements will be 
specified in a selection letter sent by NMFS.
    (d) Assignment of observers. Once a selected vessel notifies NMFS or 
its designee, NMFS will assign an observer for that trip based on 
current information needs relative to the expected catch and bycatch 
likely to be associated with the indicated gear deployment, trip 
duration and fishing area. If an observer is not assigned for a fishing 
trip, NMFS, or their designated observer service provider, will issue a 
waiver for that trip to the owner or operator of the selected vessel, so 
long as the waiver is consistent with other applicable laws. If an 
observer is assigned for a trip, the operator of the selected vessel 
must arrange to embark the observer and shall not fish for or retain any 
Atlantic HMS unless the NMFS-assigned observer is aboard.
    (e) Requirements. The owner or operator of a vessel on which a NMFS-
approved observer is embarked, regardless of whether required to carry 
the observer, must comply with safety regulations in Sec. 600.725 and 
Sec. 600.746 of this chapter and--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.
    (6) Notify the observer in a timely fashion of when fishing 
operations are to begin and end.
    (f) Vessel responsibilities. An owner or operator of a vessel 
required to carry one or more observer(s) must provide reasonable 
assistance to enable observer(s) to carry out their duties, including, 
but not limited to:
    (1) Measuring decks, codends, and holding bins.
    (2) Providing the observer(s) with a safe work area.
    (3) Collecting bycatch when requested by the observer(s).
    (4) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (5) Allowing the observer(s) to collect biological data and samples.
    (6) Providing adequate space for storage of biological samples.

[80 FR 73144, Nov. 24, 2015]



Sec. 635.8  Workshops.

    (a) Protected species release, disentanglement, and identification 
workshops. (1) Both the owner and operator of a vessel that fishes with 
longline or gillnet gear must be certified by NMFS, or its designee, as 
having completed a workshop on the safe handling, release, and 
identification of protected species before a shark or swordfish limited 
access vessel permit, pursuant to Sec. 635.4(e) and (f), is renewed in 
2007. For the purposes of this section, it is a rebuttable presumption 
that a vessel fishes with longline or gillnet gear if: longline or 
gillnet gear is onboard the vessel; logbook reports indicate that 
longline or gillnet gear was used on at least one trip in the preceding 
year; or, in the case of a permit transfer to new owners that occurred 
less than a year ago, logbook reports indicate that longline or gillnet 
gear was used on at least one trip since the permit transfer.
    (2) NMFS, or its designee, will issue a protected species safe 
handling, release, and identification workshop certificate to any person 
who completes a protected species safe handling, release, and 
identification workshop. If an owner owns multiple vessels, NMFS will 
issue a certificate for each vessel that the owner owns upon successful 
completion of one workshop. An owner who is also an operator will be 
issued multiple certificates, one as the owner of the vessel and one as 
the operator.
    (3) The owner of a vessel that fishes with longline or gillnet gear, 
as specified in paragraph (a)(1) of this section,

[[Page 462]]

is required to possess on board the vessel a valid protected species 
safe handling, release, and identification workshop certificate issued 
to that vessel owner. A copy of a valid protected species safe handling, 
release, and identification workshop certificate issued to the vessel 
owner for a vessel that fishes with longline or gillnet gear must be 
included in the application package to renew or obtain a shark or 
swordfish limited access permit.
    (4) An operator that fishes with longline or gillnet gear as 
specified in paragraph (a)(1) of this section must possess on board the 
vessel a valid protected species safe handling, release, and 
identification workshop certificate issued to that operator, in addition 
to a certificate issued to the vessel owner.
    (5) All owners and operators that attended and successfully 
completed industry certification workshops, held on April 8, 2005, in 
Orlando, FL, and on June 27, 2005, in New Orleans, LA, as documented by 
workshop facilitators, will automatically receive valid protected 
species safe handling, release, and identification workshop certificates 
issued by NMFS no later than December 31, 2006.
    (b) Atlantic shark identification workshops. (1) As of December 31, 
2007, all Federal Atlantic shark dealers permitted or required to be 
permitted pursuant to Sec. 635.4(g)(2), or a proxy for each place of 
business as specified in paragraph (b)(4) of this section, must be 
certified by NMFS, or its designee, as having completed an Atlantic 
shark identification workshop.
    (2) NMFS, or its designee, will issue an Atlantic shark 
identification workshop certificate to any person who completes an 
Atlantic shark identification workshop.
    (3) Dealers who own multiple businesses and who attend and 
successfully complete the workshop will be issued a certificate for each 
place of business that is permitted to receive sharks pursuant to Sec. 
635.4(g)(2).
    (4) Only dealers issued a valid shark dealer permit may send a proxy 
to the Atlantic shark identification workshops. If a dealer opts to send 
a proxy, the dealer must designate at least one proxy from each place of 
business listed on the dealer permit, issued pursuant to Sec. 
635.4(g)(2), which first receives Atlantic shark. The proxy must be a 
person who is currently employed by a place of business covered by the 
dealer's permit; is a primary participant in the identification, 
weighing, and/or first receipt of fish as they are received; and fills 
out dealer reports as required under Sec. 635.5. Only one certificate 
will be issued to each proxy. If a proxy is no longer employed by a 
place of business covered by the dealer's permit, the dealer or another 
proxy must be certified as having completed a workshop pursuant to this 
section. At least one individual from each place of business listed on 
the dealer permit which first receives Atlantic sharks must possess a 
valid Atlantic shark identification workshop certificate.
    (5) An Atlantic shark dealer issued or required to be issued a shark 
dealer permit pursuant to Sec. 635.4(g)(2) must possess and make 
available for inspection a valid dealer or proxy Atlantic shark 
identification workshop certificate issued to the dealer or proxy at 
each place of business listed on the dealer permit which first receives 
Atlantic sharks. For the purposes of this part, trucks or other 
conveyances of a dealer's place of business are considered to be 
extensions of a dealer's place of business and must possess a copy of a 
valid dealer or proxy Atlantic shark identification workshop certificate 
issued to a place of business covered by the dealer permit. A copy of a 
valid Atlantic shark identification workshop certificate must be 
included in the dealer's application package to obtain or renew an 
Atlantic shark dealer permit. If multiple businesses are authorized to 
first receive Atlantic sharks under the Atlantic shark dealer's permit, 
a copy of the Atlantic shark identification workshop certificate for 
each place of business listed on the Atlantic shark dealer permit which 
first receives Atlantic sharks must be included in the Atlantic shark 
dealer permit renewal application package.
    (6) Persons holding an expired Atlantic shark dealer permit and 
persons who intend to apply for a new Atlantic shark dealer permit will 
be issued a participant certificate in their name upon successful 
completion of the Atlantic shark identification workshop. A

[[Page 463]]

participant certificate issued to such persons may be used only to apply 
for an Atlantic shark dealer permit. Pursuant to Sec. 635.8(c)(4), an 
Atlantic shark dealer may not first receive Atlantic shark without a 
valid dealer or proxy Atlantic shark identification workshop certificate 
issued to the dealer or proxy. After an Atlantic shark dealer permit is 
issued to a person using an Atlantic shark identification workshop 
participant certificate, such person may obtain an Atlantic shark 
identification workshop dealer certificate for each location which first 
receives Atlantic sharks by contacting NMFS at an address designated by 
NMFS.
    (c) Terms and conditions. (1) Certificates, as described in 
paragraphs (a) and (b) of this section, are valid for three calendar 
years. All certificates must be renewed prior to the expiration date on 
the certificate.
    (2) If a vessel fishes with longline or gillnet gear as described in 
paragraph (a) of this section, the vessel owner may not renew a shark or 
swordfish limited access permit, issued pursuant to Sec. 635.4(e) or 
(f), without submitting a valid protected species workshop certificate 
with the permit renewal application.
    (3) A vessel that fishes with longline or gillnet gear as described 
in paragraph (a) of this section and that has been, or should be, issued 
a valid limited access permit pursuant to Sec. 635.4(e) or (f), may not 
fish unless a valid protected species safe handling, release, and 
identification workshop certificate has been issued to both the owner 
and operator of that vessel.
    (4) An Atlantic shark dealer may not first receive Atlantic shark 
without a valid dealer or proxy Atlantic shark identification workshop 
certificate issued to the dealer or proxy. A valid dealer or proxy 
Atlantic shark identification workshop certificate issued to the dealer 
or proxy must be maintained on the premises of each place of business 
listed on the dealer permit which first receives Atlantic sharks. An 
Atlantic shark dealer may not renew a Federal dealer permit issued 
pursuant to Sec. 635.4(g)(2) unless a copy of a valid dealer or proxy 
Atlantic shark identification workshop certificate issued to the dealer 
or proxy has been submitted with the permit renewal application. If the 
dealer is not certified and opts to send a proxy or proxies to a 
workshop, the dealer must submit a copy of a valid proxy certificate for 
each place of business listed on the dealer permit which first receives 
Atlantic sharks.
    (5) A vessel owner, operator, shark dealer, proxy for a shark 
dealer, or participant who is issued either a protected species workshop 
certificate or an Atlantic shark identification workshop certificate may 
not transfer that certificate to another person.
    (6) Vessel owners issued a valid protected species safe handling, 
release, and identification workshop certificate may request, in the 
application for permit transfer per Sec. 635.4(l)(2), additional 
protected species safe handling, release, and identification workshop 
certificates for additional vessels that they own. Shark dealers may 
request from NMFS additional Atlantic shark identification workshop 
certificates for additional places of business authorized to receive 
sharks that they own as long as they, and not a proxy, were issued the 
certificate. All certificates must be renewed prior to the date of 
expiration on the certificate.
    (7) To receive either the protected species safe handling, release, 
and identification workshop certificate or Atlantic shark identification 
workshop certificate, persons required to attend the workshop must show 
a copy of their HMS permit, as well as proof of identification to NMFS 
or NMFS' designee at the workshop. If a permit holder is a corporation, 
partnership, association, or any other entity, the individual attending 
on behalf of the permit holder must show proof that he or she is the 
permit holder's agent and a copy of the HMS permit to NMFS or NMFS' 
designee at the workshop. For proxies attending on behalf of a shark 
dealer, the proxy must have documentation from the shark dealer 
acknowledging that the proxy is attending the workshop on behalf of the 
Atlantic shark dealer and must show a copy of the Atlantic shark dealer 
permit to NMFS or NMFS' designee at the workshop.

[71 FR 58166, Oct. 2, 2006, as amended at 73 FR 38153, July 3, 2008; 74 
FR 66586, Dec. 16, 2009; 77 FR 47316, Aug. 8, 2012]

[[Page 464]]



Sec. 635.9  Electronic monitoring.

    (a) Applicability. An owner or operator of a commercial vessel 
permitted or required to be permitted in the Atlantic Tunas Longline 
category under Sec. 635.4, and that has pelagic longline gear on board, 
is required to have installed, operate, and maintain an electronic 
monitoring (EM) system on the vessel, as specified in this section. 
Vessel owner or operators can contact NMFS or a NMFS-approved contractor 
for more details on procuring an EM system.
    (b) EM Installation. (1) NMFS or a NMFS-approved contractor will 
assess individual Atlantic Tunas Longline permitted vessels that are 
currently eligible for IBQ share, install and test all EM systems; 
provide training to vessel owners or operators or their designees; and 
develop in consultation with vessel owners or operators or their 
designees required operational plans (Vessel Monitoring Plan or VMP) for 
the EM systems, as described in paragraph (e)(2) of this section.
    (2) Vessel owners or operators, as instructed by NMFS, will be 
required to coordinate with NMFS or a NMFS-approved contractor to 
schedule a date or range of dates for EM installation, and/or may be 
required to steam to a designated port for EM installation on NMFS-
determined dates. NMFS may require vessel owners to make minor 
modifications to vessel equipment to facilitate installation and 
operation of the EM system, such as, but not limited to, installation of 
a fitting for the pressure side of the line of the drum hydraulic 
system, a power supply for the EM system and power switches/connections, 
additional lighting, and/or a mounting structure(s) for installation of 
the camera(s). EM installation must be completed by June 1, 2015 in 
order to fish with pelagic longline gear after that date.
    (i) Certificate of Installation. After confirming that an EM system 
that meets the requirements of this section is properly installed, the 
system has been tested, and training and a required operational plan 
(VMP) are completed, NMFS or the NMFS-approved contractor will provide a 
Certificate of Installation to the vessel owner or operator.
    (ii) Vessels described under paragraph (a) of this section may not 
depart on a fishing trip without having a valid Certificate of 
Installation and VMP on board.
    (c) EM System Components. The EM system installed by the NMFS-
approved contractor must be comprised of video camera(s), recording 
equipment, and other related equipment and must have the following 
components and capabilities:
    (1) Video camera(s). (i) Video cameras must be mounted and placed so 
as to provide clear, unobstructed views of the area(s) where the pelagic 
longline gear is retrieved and of catch being removed from hooks prior 
to being placed in the hold or discarded. There must be lighting 
sufficient to illuminate clearly individual fish.
    (ii) Video camera(s) must be in sufficient numbers (a minimum of two 
and up to four), with sufficient resolution (no less than 720p (1280 x 
720)) for NMFS, the USCG, and their authorized officers and designees, 
or any individual authorized by NMFS to determine the number and species 
of fish harvested. To obtain the views described in paragraph (c)(1)(i), 
at least one camera must be mounted to record close-up images of fish 
being retained on the deck at the haulback station, and at least one 
camera must be mounted to record activity at the waterline along the 
side of the vessel at the haul back station. NMFS or the NMFS-approved 
contractor will determine if more cameras are needed.
    (iii) The EM system must be capable of initiating video recording at 
the time gear retrieval starts. It must record all periods of time when 
the gear is being retrieved and catch is removed from the hooks until it 
is placed in the hold or discarded.
    (2) GPS receiver. A GPS receiver is required to produce output, 
which includes location coordinates, velocity, and heading data, and is 
directly logged continuously by the control box. The GPS receiver must 
be installed and remain in a location where it receives a strong signal 
continuously.
    (3) Hydraulic and drum rotation sensors. Hydraulic sensors are 
required to continuously monitor the hydraulic

[[Page 465]]

pressure and a drum rotation sensor must continuously monitor drum 
rotations.
    (4) EM control box. The system must include a control box that 
receives and stores the raw data provided by the sensors and cameras. 
The control box must contain removable hard drives and storage systems 
adequate for a trip lasting 30 days.
    (5) EM systems monitor. A wheelhouse monitor must provide a 
graphical user interface for harvester to monitor the state and 
performance of the control box and provide information on the current 
date and time synchronized via GPS, GPS coordinates, current hydraulic 
pressure reading, presence of a data disk, percentage used of the data 
disk, and video recording status.
    (6) The EM system must have software that enables the system to be 
tested for functionality and that records the outcome of the tests.
    (d) Data maintenance, storage, and viewing. The EM system must have 
the capacity to allow NMFS, the USCG, and their authorized officers and 
designees, or any NMFS-approved contractor to observe the live video on 
the EM systems monitor as described in paragraph (c)(5) of this section. 
Vessel owner or operators must provide access to the system, including 
the data upon request.
    (e) Operation. (1) Unless otherwise authorized by NMFS in writing, a 
vessel described in paragraph (a) of this section must collect video and 
sensor data in accordance with the requirements in this section, in 
order to fish with pelagic longline gear.
    (2) Vessel monitoring plan. The vessel owner or operator must have 
available onboard a written VMP for its system, which is an operational 
plan developed by the NMFS-approved contractor containing the 
standardized procedures relating to the vessel's EM system. VMPs may 
include, but are not limited to, information on the locations of EM 
system components; contact information for technical support; 
instructions on how to conduct a pre-trip system test; instructions on 
how to verify proper system functions; location(s) on deck where fish 
retrieval should occur to remain in view of the cameras; procedures for 
how to manage EM system hard drives; catch handling procedures; a size 
reference for facilitating determination of fish size; periodic checks 
of the monitor during the retrieval of gear to verify proper 
functioning; reporting procedures. The VMP should minimize to the extent 
practicable any impact on the current operating procedures of the 
vessel, and should help ensure the safety of the crew.
    (3) Handling of fish and duties of care. The vessel owner or 
operator must ensure that all fish that are caught, even those that are 
released, are handled in a manner that enables the video system to 
record such fish, and must ensure that all handling and retention of 
bluefin tuna occurs in accordance with relevant regulations and the 
operational procedures outlined in the VMP. The vessel owner or operator 
is responsible for ensuring the proper continuous functioning of the EM 
system, including that the EM system must remain powered on for the 
duration of each fishing trip from the time of departure to time of 
return; cameras must be cleaned routinely; and EM system components must 
not be tampered with.
    (4) Completion of trip. Within 48 hours of completing a fishing 
trip,, the vessel owner or operator must mail the removable EM system 
hard drive(s) containing all data to NMFS or NMFS-approved contractor, 
according to instructions provided by NMFS. The vessel owner or operator 
is responsible for using shipping materials suitable to protect the hard 
drives (e.g.,, bubble wrap), tracking the package, and including a self-
addressed mailing label for the next port of call so replacement hard 
drives can be mailed back to the vessel owner or operator. Prior to 
departing on a subsequent trip, the vessel owner or operator must 
install a replacement EM system hard drive(s) to enable data collection 
and video recording. The vessel owner or operator is responsible for 
contacting NMFS or NMFS-approved contractor if they have requested but 
not received a replacement hard drive(s) and for informing NMFS or NMFS-
approved contractor of any lapse in the hard drive management procedures 
described in the VMP.

[[Page 466]]

    (f) Failure to adequately monitor the gear and catch. The vessel 
owner or operator must monitor and maintain the EM system in working 
condition, which includes ensuring the proper continuous functioning of 
the EM system, cameras provide clear unobstructed views, and video 
picture quality is clear. Prior to departing on a trip with pelagic 
longline gear on board, the vessel owner or operator must test the 
functionality of the system and contact NMFS or the NMFS-approved 
contractor if the system is not functioning properly. In that case, or 
if NMFS independently determines that an EM system fails to meet the 
requirements of this section, the vessel cannot leave port unless and 
until NMFS provides written authorization. NMFS may grant such 
authorization after confirming that an EM system is functioning properly 
or other circumstances as determined by NMFS warrant authorization.
    (g) Repair and replacement. If the vessel owner or operator becomes 
aware that the EM system on the vessel is not functioning properly at 
sea, the vessel owner or operator must contact NMFS and follow the 
instructions given. Such instructions may include but are not limited to 
returning to port until the EM system is repaired. Once in port, an EM 
system must be functioning properly (e.g., repaired, reinstalled, or 
replaced) consistent with the installation requirements in this section 
before the vessel can fish with pelagic longline gear.

[79 FR 71588, Dec. 2, 2014]



                  Subpart B_Individual Vessel Measures



Sec. 635.14  Performance metrics.

    (a) General. For purposes of Sec. 635.21(c)(3), NMFS will determine 
``qualified'' vessels based on the performance metrics in paragraph (b) 
of this section. Specifically, NMFS will use fishery dependent and 
fishery independent data to evaluate vessel performance based on 
avoidance of bluefin tuna interactions while fishing with a pelagic 
longline gear and history of compliance with the observer and logbook 
requirements of Sec. Sec. 635.7 and 635.5, respectively.
    (b) Calculation of performance metrics. In year one of 
implementation, NMFS will analyze the relevant data from the period 2006 
to 2012 to determine a vessel's score and qualification status. 
Subsequently, NMFS will analyze available data from the most recent 
complete three consecutive year period to determine a vessel's score and 
qualification status. NMFS will communicate the results of the annual 
determination to individual permit holders in writing. NMFS may revise, 
through the framework procedures under Sec. 635.34, the scoring system 
to reflect changes in the fishery or ensure that it provides the desired 
incentives and meets the goals of this program. The process used to 
calculate the performance metrics are described fully in Amendment 7 to 
the 2006 Consolidated HMS FMP. The main metrics are summarized below.
    (1) Bluefin tuna interactions performance metric. The basis for the 
bluefin tuna interactions performance metric is the ratio of the number 
of bluefin tuna interactions (i.e., the number of fish landed, discarded 
dead, and discarded alive) to the total weight of designated target 
species landings (in pounds). For the purposes of this section, the 
designated target species are: Swordfish; yellowfin, bigeye, albacore, 
and skipjack tunas; dolphin; wahoo; and porbeagle, shortfin mako, and 
thresher sharks. A relatively low bluefin tuna interaction to designated 
species ratio (`bluefin tuna ratio') indicates that the vessel has 
successfully avoided catching bluefin tuna while fishing with pelagic 
longline gear in the performance metric period.
    (2) Observer compliance performance metric. NMFS will score vessels 
based on both the vessel owner's and the operator's compliance with the 
observer requirements outlined in Sec. 635.7 of this part and Sec. 
600.746 of this chapter. In addition, the scoring system will consider 
the number of trips for which an individual vessel was selected to carry 
an observer, the number of trips actually observed, the reason why a 
particular trip was not observed, and other relevant observer 
information. The scoring system is neutral with respect to

[[Page 467]]

valid reasons that a vessel may have been selected by the observer 
program, but did not take an observer (e.g., no observer was available 
or the vessel was not fishing with pelagic longline gear). The scoring 
system is designed to weigh trips that were not observed due to 
noncompliance with the communication requirements more heavily than 
those not observed due to noncompliance with the safety and 
accommodation requirements. The scoring system is also designed to 
consider evidence of fishing activity that may have occurred without 
required communication or observer coverage.
    (3) Logbook compliance performance metric. NMFS will score vessels 
based on both the vessel owner's and vessel operator's compliance with 
the logbook reporting requirements outlined in Sec. 635.5. This metric 
will reflect the timeliness of the submission of the logbooks (for 
example, the amount of time elapsed between the offloading of the catch 
and the logbook submission).
    (4) Combining performance metrics. The performance metrics described 
under paragraphs (b)(1) through (3) of this section will be combined 
through the use of a decision formula described in Amendment 7 to the 
2006 Consolidated HMS FMP. The decision formula will result in a 
designation for each vessel of ``qualified'' or ``not qualified.''
    (c) Annual notification. NMFS will notify permitted vessel owners 
annually of the score of their vessel (i.e., ``qualified'' or ``not 
qualified'') by certified mail. The score applies for only one year. 
NMFS will make aggregate data regarding access to gear restricted areas 
available to the general public.
    (d) Appeals. Permitted vessel owners can appeal their performance 
score determinations pursuant to the procedures, timing, and other 
requirements at Sec. 635.15(k)(4)(i), (ii), and (iv). Any initial 
administrative determination or appeal would be evaluated based upon the 
following criteria:
    (1) The accuracy of NMFS records regarding the relevant information; 
and
    (2) Correct assignment of historical data to the vessel owner/permit 
holder. The current owner of a permitted vessel may also appeal on the 
basis of historical changes in vessel ownership or permit transfers. 
Appeals based on hardship factors will not be considered.

[79 FR 71590, Dec. 2, 2014]



Sec. 635.15  Individual bluefin tuna quotas.

    (a) General. This section establishes an IBQ Program for eligible 
Atlantic Tunas Longline permit holders that use pelagic longline gear 
under this part and addresses Atlantic Tunas Purse Seine category 
leasing.
    (1) Overview. Under the IBQ Program, NMFS will assign eligible 
Atlantic Tunas Longline permit holders initial IBQ shares equivalent to 
a percentage of the annual Longline category quota. Purse Seine Category 
quota shares are allocated separately pursuant to Sec. 635.27(a)(4).
    (2) Electronic IBQ System. IBQ Program participants, Atlantic Tunas 
Purse Seine category participants, and other permit holders eligible to 
lease IBQ allocations under paragraph (c) of this section, must have 
access to the electronic IBQ system and set up an IBQ account on that 
system as instructed by NMFS.
    (b) IBQ allocation and usage. An IBQ quota allocation is the amount 
of bluefin tuna (whole weight) in metric tons (mt), which an IBQ Program 
participant is allotted to account for incidental catch of bluefin tuna 
during a given calendar year. Unless otherwise required under paragraph 
(b)(5) of this section, an Atlantic Tunas Longline permitted vessel's 
initial IBQ allocation for a particular year is derived by multiplying 
its IBQ share (percentage) by the Longline category quota for that year.
    (1) Annual calculation and notification of IBQ allocations. 
Annually, as described in detail in paragraph (f) of this section, NMFS 
will notify IBQ share recipients of their IBQ allocation for the next 
calendar year. IBQ allocations expire at the end of each calendar year.
    (2) Regional designations. As described further under paragraph 
(k)(3) of this section, all IBQ shares and resultant allocations are 
designated as either ``Gulf of Mexico'' or ``Atlantic'' based upon the 
geographic location of sets as reported to NMFS under the requirements 
of Sec. 635.5. Regional percentages determine the share and allocation

[[Page 468]]

within the two pelagic longline (PLL) share categories: Gulf of Mexico 
(PLL GOM) and Atlantic (PLL ATL). PLL GOM shares and resultant 
allocations can be used to fish with pelagic longline gear in either the 
Gulf of Mexico or the Atlantic regions. PLL ATL shares and resultant 
allocations can only be used to fish with pelagic longline gear in the 
Atlantic region. Purse Seine category annual allocations can only be 
used to fish in the Atlantic region, even if leased to a PLL 
participant. For the purposes of this section, the Gulf of Mexico region 
includes all waters of the U.S. EEZ west and north of the boundary 
stipulated at 50 CFR 600.105(c) and the Atlantic region includes all 
other waters of the Atlantic Ocean with the exception regarding fishing 
taking place in the Northeast Distant (NED) gear restricted area defined 
at Sec. 635.2 and is further described in paragraph (b)(8) of this 
section.
    (3) Minimum IBQ allocation. Before departing on a fishing trip, a 
vessel with an eligible Atlantic Tunas Longline category permit that 
fishes with or has pelagic longline gear onboard, must have the minimum 
IBQ allocation for either the Gulf of Mexico or Atlantic, depending on 
fishing location. The minimum IBQ allocation for a vessel fishing in the 
Gulf of Mexico, or departing for a fishing trip in the Gulf of Mexico, 
is 0.25 mt ww (551 lb ww). The minimum IBQ allocation for a vessel 
fishing in the Atlantic or departing for a fishing trip in the Atlantic 
is 0.125 mt ww (276 lb ww). A vessel owner or operator may not declare 
into or depart on a fishing trip with pelagic longline gear onboard 
unless it has the relevant required minimum IBQ allocation for the 
region in which the fishing activity will occur.
    (4) Accounting for bluefin tuna caught. (i) With the exception of 
vessels fishing in the NED, in compliance with the requirements of 
paragraph (b)(8) of this section, all bluefin tuna catch (dead discards 
and landings) must be accounted for and deducted from the vessel's IBQ 
allocation.
    (ii) If the amount of bluefin tuna catch on a particular trip 
exceeds the amount of the vessel's IBQ allocation, the vessel may 
continue to fish and complete the trip, but must resolve any quota debt 
(see paragraph (b)(5) of this section before declaring into or departing 
on a subsequent fishing trip with pelagic longline gear onboard by 
acquiring additional IBQ allocation through leasing, as described in 
paragraph (c) of this section.
    (iii) IBQ Program participants, Atlantic Tunas Purse Seine category 
participants, and dealers must comply with reporting requirements at 
Sec. 635.5(b)(2)(i)(A). The vessel owner or operator of a vessel that 
caught bluefin tuna must enter dead discard information from the trip 
simultaneously with the dealer entering that trip's landings information 
into the electronic IBQ system (pursuant to Sec. 635.5(b)(2)(i)(A)). 
The vessel owner or operator must also confirm the accuracy of the 
dealer reported data at the time of entry in the electronic IBQ System. 
No IBQ transactions will be processed between 6 p.m. eastern time on 
December 31 and 2 p.m. Eastern Time on January 1 of each year to provide 
NMFS time to reconcile IBQ accounts and update IBQ shares and 
allocations for the upcoming fishing year.
    (5) Exceeding an available allocation. This paragraph (b)(5) applies 
to a vessel with, or an permit holder of, an Atlantic Tunas Longline 
category permit or an Atlantic Tunas Purse Seine category permit unless 
otherwise specified. If the amount of bluefin tuna catch for a 
particular trip (as defined at Sec. 600.10 of this chapter) exceeds the 
amount of allocation available to the vessel, the permitted vessel is 
considered to have a ``quota debt'' equal to the difference between the 
catch and the allocation. For example, if a vessel has an allocation of 
0.40 mt (882 lb), and catches 0.50 mt (1,102 lb) of bluefin tuna on a 
trip, that vessel would have a quota debt of 0.10 mt (220 lb).
    (i) Trip level quota debt. Vessels with a quota debt cannot fish 
with or have gear for which the vessel is permitted onboard until the 
quota debt is settled by leasing allocation for the appropriate region 
(per paragraph (c) of this section) and applying the leased allocation 
to settle the quota debt or through additional allocation (per paragraph 
(f) of this section) such that the permitted vessel has at least the 
minimum quota

[[Page 469]]

allocation required to fish as specified in paragraph (b)(3) of this 
section.
    (ii) Annual level quota debt. If, by the end of the fishing year, a 
permit holder does not have adequate allocation (obtained either through 
leasing under paragraph (c) of this section) or additional allocation 
under paragraph (f) of this section to settle their vessel's quota debt, 
the vessel's allocation will be reduced in the amount equal to the quota 
debt in the subsequent year or years until the quota debt is fully 
accounted for. A vessel may not fish if it has outstanding quota debt, 
even across fishing years.
    (iii) Association with permit. Quota debt is associated with the 
vessel's permit, and remains associated with the permit if/when the 
permit is transferred or sold. At the end of the year, if an owner with 
multiple permitted vessels has a quota debt on one or more vessels 
owned, the IBQ system will apply any remaining unused allocation 
associated with that owner's other vessels to resolve the quota debt.
    (6) Duration. IBQ allocation issued under this section is valid for 
the relevant fishing year unless it is revoked, suspended, or modified 
or unless the Atlantic Tunas Longline category quota is closed per Sec. 
635.28(a).
    (7) Unused IBQ allocation. Any IBQ allocation that is unused at the 
end of the fishing year may not be carried forward by a permit-holder to 
the following year, but would remain associated with the Longline 
category as a whole, and subject to the quota regulations under Sec. 
635.27, including annual quota adjustments.
    (8) The IBQ Program and the Northeast Distant Area (NED). The 
following restrictions apply to vessels fishing with pelagic longline 
gear in the NED:
    (i) When NED bluefin quota is available. Permitted vessels fishing 
with pelagic longline gear may fish in the NED, and any bluefin catch 
will count toward the ICCAT-allocated separate NED quota until the NED 
quota has been filled. Permitted vessels fishing in the NED are still 
required to have the minimum IBQ allocation, specified under paragraph 
(b)(3) of this section to depart on a trip using pelagic longline gear.
    (ii) When NED bluefin quota is filled. Permitted vessels fishing 
with pelagic longline gear may fish in the NED after the ICCAT-allocated 
separate NED quota has been filled but the permitted vessels must abide 
by all the requirements of the IBQ program. Bluefin catch will be 
accounted for using the vessel's IBQ allocation, as described under 
paragraphs (b)(2) and (k)(3) of this section.
    (c) IBQ Allocation Leasing--(1) Eligibility. The permit holders of 
vessels issued valid Atlantic Tunas Longline permits and participants in 
the Atlantic Tunas Purse Seine category are eligible to lease IBQ 
allocation to and/or from each other. A person who holds an Atlantic 
Tunas Longline permit that is not associated with a vessel may not lease 
IBQ allocation.
    (2) Application to lease--(i) Application information requirements. 
All IBQ allocation leases must occur electronically through the 
electronic IBQ system, and include all information required by NMFS.
    (ii) Approval of lease application. Unless NMFS denies an 
application to lease IBQ allocation according to paragraph (c)(2)(iii) 
of this section, the electronic IBQ system will provide an approval code 
to the IBQ lessee confirming the transaction.
    (iii) Denial of lease application. NMFS may deny an application to 
lease IBQ allocation for any of the following reasons, including, but 
not limited to: The application is incomplete; the IBQ lessor or IBQ 
lessee is not eligible to lease per paragraph (c)(1) of this section; 
the IBQ lessor or IBQ lessee permits is sanctioned pursuant to an 
enforcement proceeding; or the IBQ lessor has an insufficient IBQ 
allocation available to lease (i.e., the requested amount of lease may 
not exceed the amount of IBQ allocation associated with the lessor). As 
the electronic IBQ system is automated, if any of the criteria above are 
applicable, the lease transaction will not be allowed to proceed. The 
decision by NMFS is the final agency decision; there is no opportunity 
for an administrative appeal.
    (3) Conditions and restrictions of leased IBQ allocation--(i) 
Subleasing. In a fishing year, an IBQ allocation may be leased numerous 
times following the

[[Page 470]]

process specified in paragraph (c)(2) of this section.
    (ii) History of leased IBQ allocation use. The fishing history 
associated with the catch of bluefin tuna will be associated with the 
vessel that caught the bluefin tuna regardless of how the vessel 
acquired the IBQ allocation (e.g., through initial allocation or lease), 
for the purpose of calculation of the performance metrics described 
under Sec. 635.14(b), or other relevant restrictions based upon bluefin 
catch.
    (iii) Duration of IBQ allocation lease. IBQ allocations expire at 
the end of each calendar year. Thus, an IBQ lessee may only use the 
leased IBQ allocation during the fishing year in which the IBQ 
allocation is applicable.
    (iv) Temporary prohibition of leasing IBQ allocation. No leasing of 
IBQ allocation is permitted between 6 p.m. eastern time on December 31 
of one year and 2 p.m. Eastern Time on January 1 of the next. . This 
period is necessary to provide NMFS time to reconcile IBQ accounts, and 
update IBQ shares and allocations for the upcoming fishing year.
    (v) Related restrictions. Other regulations specific to the Atlantic 
Tunas Purse Seine category are set forth at Sec. 635.27(a)(4)(v).
    (d) Sale of IBQ shares. Sale of IBQ shares currently not permitted.
    (e) Changes in vessel and permit ownership. In accordance with the 
regulations specified under Sec. 635.4(l), a vessel owner that has an 
IBQ share may transfer the Atlantic Tunas Longline category permit to 
another vessel that he or she owns or transfer the permit to another 
person. The IBQ share as described under this section would transfer 
with the permit to the new vessel, and remain associated with that 
permit. Within a fishing year, when an Atlantic Tunas Longline permit 
transfer occurs (from one vessel to another), the associated IBQ shares 
are transferred with the permit, however IBQ allocation is not, unless 
the IBQ allocation is also transferred through a separate transaction 
within the electronic IBQ system. As described under paragraphs (c)(1) 
and (k)(1) of this section, a person or entity that holds an Atlantic 
Tunas Longline permit that is not associated with a vessel may not 
receive or lease IBQ allocation.
    (f) Annual notification of shares and allocations. On January 1 of 
each year, NMFS will notify eligible IBQ Participants, as specified in 
paragraph (k)(1) of this section, of their IBQ share and the resulting 
IBQ allocation (mt) for the relevant fishing year, as well as the 
regional designations based on the available Atlantic Tunas Longline 
category quota, and any existing quota debt. NMFS will provide this 
information through the electronic IBQ system and via annual permit 
holder letters. Unless specified otherwise, those IBQ shares and 
resultant allocations will be available for use at the start of each 
fishing year. Permit holders (of eligible Atlantic Tunas Longline 
category permits) that have not completed the process of permit renewal 
or permit transfer as of December 31 will be issued IBQ allocation upon 
completion of the permit renewal or permit transfer, provided the 
eligible permit is associated with a vessel.
    (g) Evaluation. NMFS will continually monitor the IBQ Program with 
respect to the objectives listed in the FEIS and make any changes 
through future rulemakings as deemed necessary to meet those objectives. 
Three years after full implementation, NMFS will publish a written 
report describing any findings.
    (h) Property rights. IBQ shares and resultant allocations issued 
pursuant to this part may be revoked, limited, modified or suspended at 
any time subject to the requirements of the Magnuson-Stevens Act, ATCA, 
or other applicable law. Such IBQ shares and resultant allocations do 
not confer any right to compensation and do not create any right, title, 
or interest in any bluefin tuna until it is landed or discarded dead.
    (i) Enforcement and monitoring. NMFS will enforce and monitor the 
IBQ Program through the use of the reporting and record keeping 
requirements described under Sec. 635.5, the monitoring requirements 
under Sec. Sec. 635.9 and 635.69, and its authority to close the 
pelagic longline fishery specified under Sec. 635.28.
    (j) Cost recovery. In a future action, NMFS will develop and 
implement cost recovery for the IBQ program that will

[[Page 471]]

cover costs of management, data collection and analysis, and enforcement 
activities. Fees shall be collected from quota share and/or allocation 
holders for the IBQ program pursuant to Magnuson-Stevens Act sections 
303A(e) and 304(d)(2). Such fees shall not exceed 3 percent of the ex-
vessel value of fish harvested under the program.
    (k) Initial IBQ shares. During year one of implementation of the IBQ 
Program described in this section, NMFS will issue IBQ shares to 
eligible Atlantic Tunas Longline permit holders, as specified in 
paragraph (k)(1) of this section. New entrants to the pelagic longline 
fishery would need to obtain an Atlantic Tunas Longline permit, as well 
as other required limited access permits, as described under Sec. 
635.4(l), and would need to lease IBQ allocations per paragraph (c) of 
this section if the permits acquired did not qualify for an initial IBQ 
share.
    (1) Eligible IBQ share Recipients. (i) Atlantic Tunas Longline 
category permit holders whose valid permit was associated with a vessel 
as of August 21, 2013, and that was determined to be ``active'' would be 
eligible to receive an initial IBQ share. ``Active'' vessels are those 
vessels that have used pelagic longline gear on at least one set between 
2006 and 2012 as reported to NMFS on logbooks, per the requirements of 
Sec. 635.5. In determining a permitted vessel's initial IBQ share 
eligibility and calculating the initial IBQ share, NMFS used the data 
associated with the qualifying vessel's history (and not the permit). 
Therefore, for the purposes of this section, the vessel owner at the 
time of reporting is not relevant. If the logbook reports indicate that 
a particular vessel used pelagic longline gear for at least one set 
between 2006 and 2012, and the vessel was issued a valid Atlantic Tunas 
Longline category permit as of August 21, 2013, the current permit 
holder is qualified to receive an initial IBQ share.
    (ii) Except as described in paragraph (k)(4) of this section 
regarding appeals, if the logbook reports indicate that a particular 
vessel did not use pelagic longline gear for at least one set between 
2006 and 2012, and/or the vessel was not issued a valid Atlantic Tunas 
Longline category permit on August 21, 2013, the current permit holder 
is not eligible to receive an initial IBQ share even if the current 
permit holder fished with pelagic longline gear on a different vessel 
between 2006 and 2012. Persons that held an Atlantic Tunas Longline 
category permit that was not associated with a vessel as of August 21, 
2013 are not eligible for an initial IBQ share. Atlantic Tunas Longline 
category permits holders that are ineligible to receive an initial IBQ 
share would need to lease IBQ allocation per paragraph (c) of this 
section, as well as meet all other applicable requirements, before the 
vessel could fish with or possess pelagic longline gear onboard.
    (2) IBQ share determination (i) Initial IBQ shares. NMFS has 
reviewed each permitted vessel's reported bluefin tuna interactions (all 
discards and landings) and landings of designated species (swordfish, 
yellowfin, bigeye, albacore, and skipjack tunas; dolphin; wahoo; and 
porbeagle, shortfin mako and thresher sharks) and placed each permitted 
vessel into one of three tiers: Low, medium and high based on the ratio 
of bluefin tuna interactions. The IBQ share will be assigned based on 
the three tiers.
    (ii) Appeals to initial IBQ shares. When NMFS determines that all 
appeals pursuant to paragraph (k)(4) of this section have been resolved, 
NMFS may adjust the initial IBQ share percentages described under 
paragraph (k)(2)(i) as necessary to accommodate those appellants that 
have been deemed eligible for an initial IBQ share or are provided an 
increased IBQ share.
    (3) Regional designations. All initial IBQ shares and resultant 
allocations are designated as either ``Gulf of Mexico'' or ``Atlantic'' 
based upon the geographic location of sets as reported to NMFS under the 
requirements of Sec. 635.5. Eligible permit holders may use Gulf of 
Mexico IBQ shares and resultant allocations to fish in either the Gulf 
of Mexico or the Atlantic regions. Eligible permit holders may use 
Atlantic IBQ shares and resultant allocations only to fish in the 
Atlantic region. If a permitted vessel had fishing history in both the 
Gulf of Mexico and Atlantic, it may receive both the Gulf

[[Page 472]]

of Mexico and Atlantic IBQ shares, depending upon the amount of IBQ 
share and the proportion of fishing history in the two areas. Based on 
the procedures described under paragraphs (k)(1) and (2) of this 
section, if a permit holder would be issued a regional IBQ share that 
results in a regional allocation less than a minimum amount for a 
particular area (i.e., less than 0.125 mt for the Atlantic or less than 
0.25 mt for the Gulf of Mexico), the de minimis regional IBQ share and 
resultant allocation would be designated to the other regional 
designation.
    (4) Appeals of initial IBQ share. Atlantic Tunas Longline Permit 
holders may appeal their initial IBQ shares through the two-step process 
described below. NMFS will provide further explanation on how to submit 
an appeal when it informs permit holders of their initial IBQ shares.
    (i) Initial administrative determination (IAD). The HMS Management 
Division will evaluate requests from Atlantic Tunas Longline Permit 
holders regarding their initial IBQ shares. Any request must be 
postmarked no later than March 2, 2015, be in writing, and indicate the 
reason for the request, and contain documentation supporting the request 
(see paragraphs (k)(4)(iii) and (iv) of this section). The HMS 
Management Division will evaluate the request and supporting 
documentation, and notify the appellant by a written IAD regarding a 
decision to approve or deny the request. The IAD will explain the basis 
for any denial decision.
    (ii) Appeal of IAD. Within 90 days after the date of issuance of the 
IAD, the permit holder may appeal the IAD to the NMFS National Appeals 
Office, pursuant to procedures at 15 CFR part 906.
    (iii) Items subject to IAD and appeal. The only items subject to an 
IAD or appeal are: Initial IBQ share eligibility based on ownership of 
an active vessel with a valid Atlantic Tunas Longline category permit 
combined with the required shark and swordfish limited access permits; 
the accuracy of NMFS records regarding that vessel's amount of 
designated species landings and/or bluefin interactions; and correct 
assignment of target species landings and bluefin interactions to the 
vessel owner/permit holder. As described under paragraph (k)(1) of this 
section, the IBQ share formulas are based upon historical data 
associated with a permitted vessel. Because vessels may have changed 
ownership or permits may have been transferred during 2006 through 2012, 
the current owner of a permitted vessel may also appeal on the basis of 
historical changes in vessel ownership or permit transfers. Appeals 
based on hardship factors (e.g., illness of vessel owner, divorce, etc.) 
will not be considered.
    (iv) Supporting documentation for IAD or appeal. NMFS will consider 
official NMFS logbook records or weighout slips for landings between 
January 1, 2006, through December 31, 2012, that were submitted to NMFS 
prior to March 2, 2013 (60 days after the cutoff date for eligible 
landings) and verifiable sales slips, receipts from registered dealers, 
state landings records, and permit records as supporting documentation 
for a request or appeal under paragraph (k)(4) of this section. NMFS 
will count only those designated species landings that were landed 
legally when the owner had a valid permit. No other proof of catch 
history or species interactions will be considered, except for NMFS 
logbook records, observer data, or other NMFS data. NMFS permit records 
will be the sole basis for determining permit transfers. Copies of 
documents may be submitted, provided they are of equal legibility and 
quality as the originals, and such copies shall have the same force and 
effect as if they were originals. NMFS may request the originals at a 
later date. NMFS may refer any submitted materials that are of 
questionable authenticity to the NMFS Office of Enforcement for 
investigation.

[79 FR 71591, Dec. 2, 2014]



Sec. 635.16  [Reserved]



                      Subpart C_Management Measures



Sec. 635.19  Authorized gears.

    (a) General. No person may fish for, catch, possess, or retain any 
Atlantic HMS with gears other than the primary gears specifically 
authorized in this part. Consistent with Sec. 635.21(a),

[[Page 473]]

secondary gears may be used at boat side to aid and assist in subduing, 
or bringing on board a vessel, Atlantic HMS that have first been caught 
or captured using primary gears. For purposes of this part, secondary 
gears include, but are not limited to, dart harpoons, gaffs, flying 
gaffs, tail ropes, etc. Secondary gears may not be used to capture, or 
attempt to capture, free-swimming or undersized HMS. Except for vessels 
permitted under Sec. 635.4(o) or as specified in this section, a vessel 
using or having onboard in the Atlantic Ocean any unauthorized gear may 
not possess an Atlantic HMS on board.
    (b) Atlantic tunas. A person that fishes for, retains, or possesses 
an Atlantic bluefin tuna may not have on board a vessel or use on board 
a vessel any primary gear other than those authorized for the category 
for which the Atlantic tunas or HMS permit has been issued for such 
vessel. Primary gears are the gears specifically authorized in this 
section. When fishing for Atlantic tunas other than bluefin tuna, 
primary gear authorized for any Atlantic Tunas permit category may be 
used, except that purse seine gear may be used only on board vessels 
permitted in the Purse Seine category and pelagic longline gear may be 
used only on board vessels issued an Atlantic Tunas Longline category 
tuna permit, a LAP other than handgear for swordfish, and a LAP for 
sharks. A person issued an HMS Commercial Caribbean Small Boat permit 
who fishes for, retains, or possesses BAYS tunas in the U.S. Caribbean, 
as defined at Sec. 622.2 of this chapter, may have on board and use 
handline, harpoon, rod and reel, bandit gear, green-stick gear, and buoy 
gear.
    (1) Angling. Speargun (for BAYS tunas only), and rod and reel 
(including downriggers) and handline (for all tunas).
    (2) Charter/headboat. Rod and reel (including downriggers), bandit 
gear, handline, and green-stick gear are authorized for all recreational 
and commercial Atlantic tuna fisheries. Speargun is authorized for 
recreational Atlantic BAYS tuna fisheries only.
    (3) General. Rod and reel (including downriggers), handline, 
harpoon, bandit gear, and green-stick.
    (4) Harpoon. Harpoon.
    (5) Longline. Longline and green-stick.
    (6) Purse seine. Purse seine.
    (7) Trap. Pound net and fish weir.
    (c) Billfish. (1) Only persons who have been issued a valid HMS 
Angling or valid Charter/Headboat permit, or who have been issued a 
valid Atlantic Tunas General category or Swordfish General Commercial 
permit and are participating in a tournament as provided in Sec. 
635.4(c), may possess a blue marlin, white marlin, or roundscale 
spearfish in, or take a blue marlin, white marlin, or roundscale 
spearfish from, its management unit. Blue marlin, white marlin, or 
roundscale spearfish may only be harvested by rod and reel.
    (2) Only persons who have been issued a valid HMS Angling or valid 
Charter/Headboat permit, or who have been issued a valid Atlantic Tunas 
General category or Swordfish General Commercial permit and are 
participating in a tournament as provided in Sec. 635.4(c), may possess 
or take a sailfish shoreward of the outer boundary of the Atlantic EEZ. 
Sailfish may only be harvested by rod and reel.
    (d) Sharks. No person may possess a shark in the EEZ taken from its 
management unit without a permit issued under Sec. 635.4. No person 
issued a Federal Atlantic commercial shark permit under Sec. 635.4 may 
possess a shark taken by any gear other than rod and reel, handline, 
bandit gear, longline, or gillnet, except that smoothhound sharks may be 
retained incidentally while fishing with trawl gear subject to the 
restrictions specified in Sec. 635.24(a)(7). No person issued an HMS 
Commercial Caribbean Small Boat permit may possess a shark taken from 
the U.S. Caribbean, as defined at Sec. 622.2 of this chapter, by any 
gear other than with rod and reel, handline or bandit gear. No person 
issued an HMS Angling permit or an HMS Charter/Headboat permit under 
Sec. 635.4 may possess a shark if the shark was taken from its 
management unit by any gear other than rod and reel or handline, except 
that persons on a vessel issued both an HMS Charter/Headboat permit and 
a Federal Atlantic commercial shark permit may possess sharks taken with 
rod and reel, handline, bandit gear,

[[Page 474]]

longline, or gillnet if the vessel is not engaged in a for-hire fishing 
trip.
    (e) Swordfish. (1) No person may possess north Atlantic swordfish 
taken from its management unit by any gear other than handgear, green-
stick, or longline, except that such swordfish taken incidentally while 
fishing with a squid trawl may be retained by a vessel issued a valid 
Incidental HMS squid trawl permit, subject to restrictions specified in 
Sec. 635.24(b)(2). No person may possess south Atlantic swordfish taken 
from its management unit by any gear other than longline.
    (2) An Atlantic swordfish may not be retained or possessed on board 
a vessel with a gillnet. A swordfish will be deemed to have been 
harvested by gillnet when it is onboard, or offloaded from, a vessel 
fishing with or having on board a gillnet.
    (3) A person aboard a vessel issued or required to be issued a valid 
directed handgear LAP for Atlantic swordfish or an HMS Commercial 
Caribbean Small Boat permit may not fish for swordfish with any gear 
other than handgear. A swordfish will be deemed to have been harvested 
by longline when the fish is on board or offloaded from a vessel fishing 
with or having on board longline gear. Only vessels that have been 
issued a valid directed or handgear swordfish LAP or an HMS Commercial 
Caribbean Small Boat permit under this part may utilize or possess buoy 
gear.
    (4) Except for persons aboard a vessel that has been issued a 
directed, incidental, or handgear limited access swordfish permit, a 
Swordfish General Commercial permit, an Incidental HMS squid trawl 
permit, or an HMS Commercial Caribbean Small Boat permit under Sec. 
635.4, no person may fish for North Atlantic swordfish with, or possess 
a North Atlantic swordfish taken by, any gear other than handline or rod 
and reel.
    (5) A person aboard a vessel issued or required to be issued a valid 
Swordfish General Commercial permit may only possess North Atlantic 
swordfish taken from its management unit by rod and reel, handline, 
bandit gear, green-stick, or harpoon gear.

[79 FR 71594, Dec. 2, 2014, as amended at 80 FR 73144, Nov. 24, 2015]



Sec. 635.20  Size limits.

    (a) General. The CFL will be the sole criterion for determining the 
size and/or size class of whole (head on) Atlantic tunas.
    (b) BFT size classes. The size class of a BFT found with the head 
removed shall be determined using pectoral fin curved fork length 
(PFCFL) multiplied by a conversion factor of 1.35. The CFL, as 
determined by conversion of the PFCFL, will be the sole criterion for 
determining the size class of a beheaded BFT. The conversion factor may 
be adjusted after consideration of additional scientific information and 
fish measurement data, and will be made effective by filing with the 
Office of the Federal Register for publication notification of the 
adjustment.
    (c) BFT, bigeye tuna, and yellowfin tuna. (1) No person shall take, 
retain, or possess a BFT, bigeye tuna, or yellowfin tuna in the Atlantic 
Ocean that is less than 27 inches (69 cm) CFL;
    (2) Applying the conversion factor from PFCFL to CFL for a beheaded 
BFT in Sec. 635.20(b) means that no person shall retain or possess a 
BFT, with the head removed, that is less than 20 inches (51 cm) PFCFL.
    (3) No person shall remove the head of a bigeye tuna or yellowfin 
tuna if the remaining portion would be less than 27 inches (69 cm) from 
the fork of the tail to the forward edge of the cut.
    (d) Billfish. (1) No person shall take, retain or possess a blue 
marlin taken from its management unit that is less than 99 inches (251 
cm), LJFL.
    (2) No person shall take, retain or possess a white marlin taken 
from its management unit that is less than 66 inches (168 cm), LJFL.
    (3) No person shall take, retain or possess shoreward of the outer 
boundary of the EEZ a sailfish taken from its management unit that is 
less than 63 inches (160 cm), LJFL.
    (4) No person shall take, retain or possess a roundscale spearfish 
taken from its management unit that is less than 66 inches (168 cm), 
LJFL.
    (5) The Atlantic blue marlin, white marlin, and roundscale spearfish 
minimum size limits, specified in paragraphs (d)(1) and (d)(2) of this 
section, may be adjusted to sizes between 117 and 138 inches (297.2 and 
350.5 cm) for

[[Page 475]]

blue marlin and 70 and 79 inches (177.8 and 200.7 cm) for white marlin 
and roundscale spearfish, to achieve, but not exceed, the annual 
Atlantic marlin landing limit specified in Sec. 635.27(d). Minimum size 
limit increases will be based upon a review of landings, the period of 
time remaining in the current fishing year, current and historical 
landing trends, and any other relevant factors. NMFS will adjust the 
minimum size limits specified in this section by filing an adjustment 
with the Office of the Federal Register for publication. In no case 
shall the adjustments be effective less than 14 calendar days after the 
date of publication. The adjusted minimum size limits will remain in 
effect through the end of the applicable fishing year or until otherwise 
adjusted.
    (e) Sharks. The following size limits change depending on the 
species being caught and the retention limit under which they are being 
caught as specified under Sec. 635.22(c).
    (1) All sharks landed under the recreational retention limits 
specified at Sec. 635.22(c) must have the head, tail, and fins 
naturally attached.
    (2) All sharks, except those specified at Sec. 635.20(e)(4), landed 
under the recreational retention limits specified at Sec. 635.22(c)(2) 
must be at least 54 inches (137 cm) FL.
    (3) There is no size limit for Atlantic sharpnose or bonnethead 
sharks taken under the recreational retention limits specified at Sec. 
635.22(c)(3).
    (4) All hammerhead sharks landed under the recreational retention 
limits specified at Sec. 635.22(c)(2) must be at least 78 inches (198.1 
cm) FL.
    (5) There is no size limit for smoothhound sharks taken under the 
recreational retention limits specified at Sec. 635.22(c)(6).
    (f) Swordfish. (1) For a swordfish that has its head naturally 
attached, the LJFL is the sole criterion for determining the size of a 
swordfish. No person shall take, retain, possess, or land a whole (head 
on) North or South Atlantic swordfish taken from its management unit 
that is not equal to or greater than 47 inches (119 cm) LJFL. A 
swordfish with the head naturally attached that is damaged by shark 
bites may be retained only if the length of the remainder of the fish is 
equal to or greater than 47 inches (119 cm) LJFL.
    (2) If the head of a swordfish is no longer naturally attached, the 
CK measurement is the sole criterion for determining the size of a 
swordfish. No person shall take, retain, possess, or land a dressed 
North or South Atlantic swordfish taken from its management unit that is 
not equal to or greater than 25 inches (63 cm) CK length. A swordfish 
that is damaged by shark bites may be retained only if the length of the 
remainder of the carcass is equal to or greater than 25 inches (63 cm) 
CK length.
    (3) No person shall import into the United States an Atlantic 
swordfish weighing less than 33 lb (15 kg) dressed weight, or a part 
derived from a swordfish that weighs less than 33 lb (15 kg) dressed 
weight.
    (4) Except for a swordfish landed in a Pacific state and remaining 
in that Pacific state of landing, a swordfish, or part thereof, not 
meeting the minimum size measurements specified in Sec. 635.20(f)(1) or 
(2) will be deemed to be an Atlantic swordfish harvested by a vessel of 
the United States and to be in violation of the minimum size requirement 
of this section unless such swordfish, or part thereof, is accompanied 
by a swordfish statistical document attesting that the swordfish was 
lawfully imported. Refer to Sec. 300.186 of this title for the 
requirements related to the swordfish statistical document.
    (5) A swordfish, or part thereof, will be monitored for compliance 
with the minimum size requirement of this section from the time it is 
landed in, or imported into, the United States up to, and including, the 
point of first transaction in the United States.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 42804, Aug. 15, 2001; 68 FR 714, Jan. 7, 2003; 68 FR 74785, Dec. 24, 
2003; 69 FR 67284, Nov. 17, 2004; 71 FR 58167, Oct. 2, 2006; 74 FR 
66587, Dec. 19, 2009; 75 FR 30525, June 1, 2010; 75 FR 57701, Sept. 22, 
2010; 76 FR 70066, Nov. 10, 2011; 77 FR 45280, July 31, 2012; 78 FR 
40346, July 3, 2013; 80 FR 73145, Nov. 24, 2015]



Sec. 635.21  Gear operation and deployment restrictions.

    (a) All Atlantic HMS fishing gears. (1) An Atlantic HMS harvested 
from its management unit that is not retained

[[Page 476]]

must be released in a manner that will ensure maximum probability of 
survival, but without removing the fish from the water.
    (2) If a billfish is caught by a hook and not retained, the fish 
must be released by cutting the line near the hook or by using a 
dehooking device, in either case without removing the fish from the 
water.
    (3) Restricted gear and closed areas for all Atlantic HMS fishing 
gears. (i) No person may fish for, catch, possess, or retain any 
Atlantic HMS or anchor a fishing vessel that has been issued a permit or 
is required to be permitted under this part, in the areas and seasons 
designated at Sec. 622.34(a)(3) of this chapter, and in the Tortugas 
marine reserves HAPC designated at Sec. 622.74(c) of this chapter.
    (ii) From November through April of each year, no vessel issued, or 
required to be issued, a permit under this part may fish or deploy any 
type of fishing gear in the Madison-Swanson closed area or the Steamboat 
Lumps closed area, as defined in Sec. 635.2.
    (iii) From May through October of each year, no vessel issued, or 
required to be issued, a permit under this part may fish or deploy any 
type of fishing gear in the Madison-Swanson or the Steamboat Lumps 
closed areas except for surface trolling. For the purposes of this 
section, surface trolling is defined as fishing with lines trailing 
behind a vessel which is in constant motion at speeds in excess of four 
knots with a visible wake. Such trolling may not involve the use of down 
riggers, wire lines, planers, or similar devices.
    (iv) From January through April of each year, no vessel issued, or 
required to be issued, a permit under this part may fish or deploy any 
type of fishing gear in the Edges 40 Fathom Contour closed area, as 
defined in Sec. 635.2.
    (b) Longline--general restrictions. (1) All vessels that have 
pelagic or bottom longline gear onboard and that have been issued, or 
are required to have, a limited access swordfish, shark, or tuna 
Longline category permit for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico must possess inside the wheelhouse 
the document provided by NMFS entitled ``Careful Release Protocols for 
Sea Turtle Release with Minimal Injury,'' and must also post inside the 
wheelhouse the sea turtle handling and release guidelines provided by 
NMFS.
    (2) Transiting and gear stowage: If a vessel issued a permit under 
this part is in a closed or gear restricted area described in this 
section with pelagic or bottom longline gear on board, it is a 
rebuttable presumption that any fish on board such a vessel were taken 
with pelagic or bottom longline in the closed or gear restricted area 
except where such possession is aboard a vessel transiting a closed area 
with all fishing gear stowed appropriately. Longline gear is stowed 
appropriately if all gangions and hooks are disconnected from the 
mainline and are stowed on or below deck, hooks are not baited, and all 
buoys and weights are disconnected from the mainline and drum (buoys may 
remain on deck).
    (3) When a marine mammal or sea turtle is hooked or entangled by 
pelagic or bottom longline gear, the operator of the vessel must 
immediately release the animal, retrieve the pelagic or bottom longline 
gear, and move at least 1 nm (2 km) from the location of the incident 
before resuming fishing. Similarly, when a smalltooth sawfish is hooked 
or entangled by bottom longline gear, the operator of the vessel must 
immediately release the animal, retrieve the bottom longline gear, and 
move at least 1 nm (2 km) from the location of the incident before 
resuming fishing. Reports of marine mammal entanglements must be 
submitted to NMFS consistent with regulations in Sec. 229.6 of this 
title.
    (4) Vessels that have pelagic or bottom longline gear on board and 
that have been issued, or are required to have been issued, a permit 
under this part must have only corrodible hooks on board.
    (c) Pelagic longlines. (1) If a vessel issued or required to be 
issued a permit under this part:
    (i) Is in a closed area designated under paragraph (c)(2) of this 
section and has bottom longline gear onboard, the vessel may not, at any 
time, possess or land any pelagic species listed in table 2 of appendix 
A to this part in excess of 5 percent, by weight, of the total weight of 
pelagic and demersal

[[Page 477]]

species possessed or landed, that are listed in tables 2 and 3 of 
appendix A to this part.
    (ii) Has pelagic longline gear on board, persons aboard that vessel 
may not possess, retain, transship, land, sell, or store silky sharks, 
oceanic whitetip sharks, or scalloped, smooth, or great hammerhead 
sharks.
    (iii) Has pelagic longline gear on board, persons aboard that vessel 
are required to release unharmed, to the extent practicable, porbeagle 
sharks that are alive at the time of haulback.
    (2) Except as noted in paragraph (c)(3) of this section, if pelagic 
longline gear is on board a vessel issued or required to be issued a 
permit under this part, persons aboard that vessel may not fish or 
deploy any type of fishing gear:
    (i) In the Northeastern United States closed area from June 1 
through June 30 each calendar year;
    (ii) In the Charleston Bump closed area from February 1 through 
April 30 each calendar year;
    (iii) In the East Florida Coast closed area at any time;
    (iv) In the Desoto Canyon closed area at any time;
    (v) In the Cape Hatteras gear restricted area from December 1 
through April 30 each year;
    (vi) In the Spring Gulf of Mexico gear restricted area from April 1 
through May 31 each year;
    (vii) In the Northeast Distant gear restricted area at any time, 
unless persons onboard the vessel complies with the following:
    (A) The vessel is limited to possessing onboard and/or using only 
18/0 or larger circle hooks with an offset not to exceed 10 degrees. The 
outer diameter of the circle hook at its widest point must be no smaller 
than 2.16 inches (55 mm) when measured with the eye on the hook on the 
vertical axis (y-axis) and perpendicular to the horizontal axis (x-
axis), and the distance between the circle hook point and the shank 
(i.e., the gap) must be no larger than 1.13 inches (28.8 mm). The 
allowable offset is measured from the barbed end of the hook and is 
relative to the parallel plane of the eyed-end, or shank, of the hook 
when laid on its side. The only allowable offset circle hooks are those 
that are offset by the hook manufacturer. If green-stick gear, as 
defined at Sec. 635.2, is onboard, a vessel may possess up to 20 J-
hooks. J-hooks may be used only with green-stick gear, and no more than 
10 hooks may be used at one time with each green-stick gear. J-hooks 
used with green-stick gear may be no smaller than 1.5 inch (38.1 mm) 
when measured in a straight line over the longest distance from the eye 
to any other part of the hook; and,
    (B) The vessel is limited, at all times, to possessing onboard and/
or using only whole Atlantic mackerel and/or squid bait, except that 
artificial bait may be possessed and used only with green-stick gear, as 
defined at Sec. 635.2, if green-stick gear is onboard; and,
    (C) Vessels must possess, inside the wheelhouse, a document provided 
by NMFS entitled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury,'' and must post, inside the wheelhouse, sea turtle 
handling and release guidelines provided by NMFS; and,
    (D) Required sea turtle bycatch mitigation gear, which NMFS has 
approved under paragraph (c)(5)(iv) of this section, on the initial list 
of ``NMFS-Approved Models For Equipment Needed For The Careful Release 
of Sea Turtles Caught In Hook And Line Fisheries,'' must be carried 
onboard, and must be used in accordance with the handling requirements 
specified in paragraphs (c)(2)(vii)(E) through (G) of this section; and,
    (E) Sea turtle bycatch mitigation gear, specified in paragraph 
(c)(2)(vii)(D) of this section, must be used to disengage any hooked or 
entangled sea turtles that cannot be brought on board, and to facilitate 
access, safe handling, disentanglement, and hook removal or hook cutting 
from sea turtles that can be brought on board, where feasible. Sea 
turtles must be handled, and bycatch mitigation gear must be used, in 
accordance with the careful release protocols and handling/release 
guidelines specified in paragraph (c)(2)(vii)(C) of this section, and in 
accordance with the onboard handling and resuscitation requirements 
specified in Sec. 223.206(d)(1) of this title.

[[Page 478]]

    (F) Boated turtles: When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet approved on the initial list specified in paragraph 
(c)(2)(vii)(D) of this section. All turtles less than 3 ft. (.91 m) 
carapace length should be boated, if sea conditions permit. A boated 
turtle should be placed on a standard automobile tire, or cushioned 
surface, in an upright orientation to immobilize it and facilitate gear 
removal. Then, it should be determined if the hook can be removed 
without causing further injury. All externally embedded hooks should be 
removed, unless hook removal would result in further injury to the 
turtle. No attempt to remove a hook should be made if the hook has been 
swallowed and the insertion point is not visible, or if it is determined 
that removal would result in further injury. If a hook cannot be 
removed, as much line as possible should be removed from the turtle 
using approved monofilament line cutters from the initial list specified 
in paragraph (c)(2)(vii)(D) of this section, and the hook should be cut 
as close as possible to the insertion point, using bolt cutters from 
that list, before releasing the turtle. If a hook can be removed, an 
effective technique may be to cut off either the barb, or the eye, of 
the hook using bolt cutters, and then to slide the hook out. When the 
hook is visible in the front of the mouth, an approved mouth-opener from 
the initial list specified in paragraph (c)(2)(vii)(D) of this section 
may facilitate opening the turtle's mouth, and an approved gag from that 
list may facilitate keeping the mouth open. Short-handled dehookers for 
ingested hooks, long-nose pliers, or needle-nose pliers from the initial 
list specified in paragraph (c)(2)(vii)(D) of this section should be 
used to remove visible hooks that have not been swallowed from the mouth 
of boated turtles, as appropriate. As much gear as possible must be 
removed from the turtle without causing further injury prior to its 
release. Refer to the careful release protocols and handling/release 
guidelines required in paragraph (c)(2)(vii)(C) of this section, and the 
handling and resuscitation requirements specified in Sec. 223.206(d)(1) 
of this title, for additional information.
    (G) Non-boated turtles: If a sea turtle is too large, or hooked in a 
manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear, specified in 
paragraph (c)(2)(vii)(D) of this section, must be used to disentangle 
sea turtles from fishing gear and disengage any hooks, or to clip the 
line and remove as much line as possible from a hook that cannot be 
removed, prior to releasing the turtle, in accordance with the protocols 
specified in paragraph (c)(2)(vii)(C) of this section. Non-boated 
turtles should be brought close to the boat and provided with time to 
calm down. Then, it must be determined whether or not the hook can be 
removed without causing further injury. A front flipper or flippers of 
the turtle must be secured, if possible, with an approved turtle control 
device from the list specified in paragraph (c)(2)(vii)(D) of this 
section. All externally embedded hooks must be removed, unless hook 
removal would result in further injury to the turtle. No attempt should 
be made to remove a hook if it has been swallowed, or if it is 
determined that removal would result in further injury. If the hook 
cannot be removed and/or if the animal is entangled, as much line as 
possible must be removed prior to release, using an approved line cutter 
from the list specified in paragraph (c)(2)(vii)(D) of this section. If 
the hook can be removed, it must be removed using a long-handled 
dehooker from the initial list specified in paragraph (c)(2)(vii)(D) of 
this section. Without causing further injury, as much gear as possible 
must be removed from the turtle prior to its release. Refer to the 
careful release protocols and handling/release guidelines required in 
paragraph (c)(2)(vii)(C) of this section, and the handling and 
resuscitation requirements specified in Sec. 223.206(d)(1) of this 
title, for additional information.
    (3) Restricted access to the Cape Hatteras Gear Restricted Area. A 
vessel that has been issued, or is required to have been issued, a 
limited access permit under this part may fish with pelagic longline 
gear in the Cape Hatteras gear restricted area described in paragraph 
(c)(2)(v) of this section, provided the vessel has been determined by 
NMFS

[[Page 479]]

to be ``qualified,'' (for the relevant year) using the performance 
metrics described in Sec. 635.14.
    (4) In the Gulf of Mexico, pelagic longline gear may not be fished 
or deployed from a vessel issued or required to have been issued a 
limited access permit under this part with live bait affixed to the 
hooks; and, a person aboard a vessel issued or required to have been 
issued a limited access permit under this part that has pelagic longline 
gear on board may not possess live baitfish, maintain live baitfish in 
any tank or well on board the vessel, or set up or attach an aeration or 
water circulation device in or to any such tank or well. For the 
purposes of this section, the Gulf of Mexico includes all waters of the 
U.S. EEZ west and north of the boundary stipulated at 50 CFR 600.105(c).
    (5) The operator of a vessel permitted or required to be permitted 
under this part and that has pelagic longline gear on board must 
undertake the following sea turtle bycatch mitigation measures:
    (i) Possession and use of required mitigation gear. Required sea 
turtle bycatch mitigation gear, which NMFS has approved under paragraph 
(c)(5)(iv) of this section as meeting the minimum design standards 
specified in paragraphs (c)(5)(i)(A) through (M) of this section, must 
be carried onboard, and must be used to disengage any hooked or 
entangled sea turtles in accordance with the handling requirements 
specified in paragraph (c)(5)(ii) of this section.
    (A) Long-handled line clipper or cutter. Line cutters are intended 
to cut high test monofilament line as close as possible to the hook, and 
assist in removing line from entangled sea turtles to minimize any 
remaining gear upon release. NMFS has established minimum design 
standards for the line cutters, which may be purchased or fabricated 
from readily available and low-cost materials. The LaForce line cutter 
and the Arceneaux line clipper are models that meet these minimum design 
standards. One long-handled line clipper or cutter meeting the minimum 
design standards, and a set of replacement blades, are required to be 
onboard. The minimum design standards for line cutters are as follows:
    (1) A protected and secured cutting blade. The cutting blade(s) must 
be capable of cutting 2.0-2.1 mm (0.078 in.-0.083 in.) monofilament line 
(400-lb test) or polypropylene multistrand material, known as braided or 
tarred mainline, and must be maintained in working order. The cutting 
blade must be curved, recessed, contained in a holder, or otherwise 
designed to facilitate its safe use so that direct contact between the 
cutting surface and the sea turtle or the user is prevented. The cutting 
instrument must be securely attached to an extended reach handle and be 
easily replaceable. One extra set of replacement blades meeting these 
standards must also be carried on board to replace all cutting surfaces 
on the line cutter or clipper.
    (2) An extended reach handle. The line cutter blade(s) must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to, or greater than, 150 percent of the height of the 
vessel's freeboard, or 6 feet (1.83 m), whichever is greater. It is 
recommended, but not required, that the handle break down into sections. 
There is no restriction on the type of material used to construct this 
handle as long as it is sturdy and facilitates the secure attachment of 
the cutting blade.
    (B) Long-handled dehooker for ingested hooks. A long-handled 
dehooking device is intended to remove ingested hooks from sea turtles 
that cannot be boated. It should also be used to engage a loose hook 
when a turtle is entangled but not hooked, and line is being removed. 
The design must shield the barb of the hook and prevent it from re-
engaging during the removal process. One long-handled device, meeting 
the minimum design standards, is required onboard to remove ingested 
hooks. The minimum design standards are as follows:
    (1) Hook removal device. The hook removal device must be constructed 
of 5/16-inch (7.94 mm) 316 L stainless steel and have a dehooking end no 
larger than 1-7/8-inches (4.76 cm) outside diameter. The device must 
securely engage and control the leader while shielding the barb to 
prevent the hook from re-engaging during removal. It

[[Page 480]]

may not have any unprotected terminal points (including blunt ones), as 
these could cause injury to the esophagus during hook removal. The 
device must be of a size appropriate to secure the range of hook sizes 
and styles used in the pelagic longline fishery targeting swordfish and 
tuna.
    (2) Extended reach handle. The dehooking end must be securely 
fastened to an extended reach handle or pole with a minimum length equal 
to or greater than 150 percent of the height of the vessel's freeboard, 
or 6 ft. (1.83 m), whichever is greater. It is recommended, but not 
required, that the handle break down into sections. The handle must be 
sturdy and strong enough to facilitate the secure attachment of the hook 
removal device.
    (C) Long-handled dehooker for external hooks. A long-handled 
dehooker, meeting the minimum design standards, is required onboard for 
use on externally-hooked sea turtles that cannot be boated. The long-
handled dehooker for ingested hooks described in paragraph (c)(5)(i)(B) 
of this section would meet this requirement. The minimum design 
standards are as follows:
    (1) Construction. A long-handled dehooker must be constructed of 5/
16-inch (7.94 mm) 316 L stainless steel rod. A 5-inch (12.7-cm) tube T-
handle of 1-inch (2.54 cm) outside diameter is recommended, but not 
required. The design should be such that a fish hook can be rotated out, 
without pulling it out at an angle. The dehooking end must be blunt with 
all edges rounded. The device must be of a size appropriate to secure 
the range of hook sizes and styles used in the pelagic longline fishery 
targeting swordfish and tuna.
    (2) Extended reach handle. The handle must be a minimum length equal 
to the height of the vessel's freeboard or 6 ft. (1.83 m), whichever is 
greater.
    (D) Long-handled device to pull an ``inverted V.'' This tool is used 
to pull a ``V'' in the fishing line when implementing the ``inverted V'' 
dehooking technique, as described in the document entitled ``Careful 
Release Protocols for Sea Turtle Release With Minimal Injury,'' required 
under paragraph (a)(3) of this section, for disentangling and dehooking 
entangled sea turtles. One long-handled device to pull an ``inverted 
V'', meeting the minimum design standards, is required onboard. If a 6-
ft (1.83 m) J-style dehooker is used to comply with paragraph 
(c)(5)(i)(C) of this section, it will also satisfy this requirement. 
Minimum design standards are as follows:
    (1) Hook end. This device, such as a standard boat hook or gaff, 
must be constructed of stainless steel or aluminum. A sharp point, such 
as on a gaff hook, is to be used only for holding the monofilament 
fishing line and should never contact the sea turtle.
    (2) Extended reach handle. The handle must have a minimum length 
equal to the height of the vessel's freeboard, or 6 ft. (1.83 m), 
whichever is greater. The handle must be sturdy and strong enough to 
facilitate the secure attachment of the gaff hook.
    (E) Dipnet. One dipnet, meeting the minimum design standards, is 
required onboard. Dipnets are to be used to facilitate safe handling of 
sea turtles by allowing them to be brought onboard for fishing gear 
removal, without causing further injury to the animal. Turtles must not 
be brought onboard without the use of a dipnet. The minimum design 
standards for dipnets are as follows:
    (1) Size of dipnet. The dipnet must have a sturdy net hoop of at 
least 31 inches (78.74 cm) inside diameter and a bag depth of at least 
38 inches (96.52 cm) to accommodate turtles below 3 ft. (0.914 m) 
carapace length. The bag mesh openings may not exceed 3 inches (7.62 
cm). There must be no sharp edges or burrs on the hoop, or where the 
hoop is attached to the handle.
    (2) Extended reach handle. The dipnet hoop must be securely fastened 
to an extended reach handle or pole with a minimum length equal to, or 
greater than, 150 percent of the height of the vessel's freeboard, or at 
least 6 ft (1.83 m), whichever is greater. The handle must made of a 
rigid material strong enough to facilitate the sturdy attachment of the 
net hoop and able to support a minimum of 100 lbs (34.1 kg) without 
breaking or significant bending or distortion. It is recommended, but 
not required, that the extended reach handle break down into sections.
    (F) Tire. A minimum of one tire is required onboard for supporting a 
turtle

[[Page 481]]

in an upright orientation while it is onboard, although an assortment of 
sizes is recommended to accommodate a range of turtle sizes. The 
required tire must be a standard passenger vehicle tire, and must be 
free of exposed steel belts.
    (G) Short-handled dehooker for ingested hooks. One short-handled 
device, meeting the minimum design standards, is required onboard for 
removing ingested hooks. This dehooker is designed to remove ingested 
hooks from boated sea turtles. It can also be used on external hooks or 
hooks in the front of the mouth. Minimum design standards are as 
follows:
    (1) Hook removal device. The hook removal device must be constructed 
of \1/4\-inch (6.35 mm) 316 L stainless steel, and must allow the hook 
to be secured and the barb shielded without re-engaging during the 
removal process. It must be no larger than \15/16\ inch (3.33 cm) 
outside diameter. It may not have any unprotected terminal points 
(including blunt ones), as this could cause injury to the esophagus 
during hook removal. A sliding PVC bite block must be used to protect 
the beak and facilitate hook removal if the turtle bites down on the 
dehooking device. The bite block should be constructed of a \3/4\-inch 
(1.91 cm) inside diameter high impact plastic cylinder (e.g., Schedule 
80 PVC) that is 10 inches (25.4 cm) long to allow for 5 inches (12.7 cm) 
of slide along the shaft. The device must be of a size appropriate to 
secure the range of hook sizes and styles used in the pelagic longline 
fishery targeting swordfish and tuna.
    (2) Handle length. The handle should be approximately 16-24 inches 
(40.64 cm-60.69 cm) in length, with approximately a 5-inch (12.7 cm) 
long tube T-handle of approximately 1 inch (2.54 cm) in diameter.
    (H) Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks, meeting the minimum design standards, is 
required onboard. The short-handled dehooker for ingested hooks required 
to comply with paragraph (c)(5)(i)(G) of this section will also satisfy 
this requirement. Minimum design standards are as follows:
    (1) Hook removal device. The dehooker must be constructed of \5/16\-
inch (7.94 cm) 316 L stainless steel, and the design must be such that a 
hook can be rotated out without pulling it out at an angle. The 
dehooking end must be blunt, and all edges rounded. The device must be 
of a size appropriate to secure the range of hook sizes and styles used 
in the pelagic longline fishery targeting swordfish and tuna.
    (2) Handle length. The handle should be approximately 16-24 inches 
(40.64 cm-60.69 cm) long with approximately a 5-inch (12.7 cm) long tube 
T-handle of approximately 1 inch (2.54 cm) in diameter.
    (I) Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers, meeting the minimum design standards, is required on 
board. Required long-nose or needle-nose pliers can be used to remove 
deeply embedded hooks from the turtle's flesh that must be twisted 
during removal. They can also hold PVC splice couplings, when used as 
mouth openers, in place. To meet the minimum design standards such 
pliers must generally be approximately 12 inches (30.48 cm) in length, 
and should be constructed of stainless steel material.
    (J) Bolt cutters. One pair of bolt cutters, meeting the minimum 
design standards, is required on board. Required bolt cutters may be 
used to cut hooks to facilitate their removal. They should be used to 
cut off the eye or barb of a hook, so that it can safely be pushed 
through a sea turtle without causing further injury. They should also be 
used to cut off as much of the hook as possible, when the remainder of 
the hook cannot be removed. To meet the minimum design standards such 
bolt cutters must generally be approximately 17 inches (43.18 cm) in 
total length, with 4-inch (10.16 cm) long blades that are 2\1/4\ inches 
(5.72 cm) wide, when closed, and with 13-inch (33.02 cm) long handles. 
Required bolt cutters must be able to cut hard metals, such as stainless 
or carbon steel hooks, up to \1/4\-inch (6.35 mm) diameter.
    (K) Monofilament line cutters. One pair of monofilament line cutters 
is required on board. Required monofilament line cutters must be used to 
remove fishing line as close to the eye of the hook as possible, if the

[[Page 482]]

hook is swallowed or cannot be removed. To meet the minimum design 
standards such monofilament line cutters must generally be approximately 
7\1/2\ inches (19.05 cm) in length. The blades must be 1 in (4.45 cm) in 
length and \5/8\-in (1.59 cm) wide, when closed, and are recommended to 
be coated with Teflon (a trademark owned by E.I. DuPont de Nemours and 
Company Corp.).
    (L) Mouth openers/mouth gags. Required mouth openers and mouth gags 
are used to open sea turtle mouths, and to keep them open when removing 
ingested hooks from boated turtles. They must allow access to the hook 
or line without causing further injury to the turtle. Design standards 
are included in the item descriptions. At least two of the seven 
different types of mouth openers/gags described below are required:
    (1) A block of hard wood. Placed in the corner of the jaw, a block 
of hard wood may be used to gag open a turtle's mouth. A smooth block of 
hard wood of a type that does not splinter (e.g. maple) with rounded 
edges should be sanded smooth, if necessary, and soaked in water to 
soften the wood. The dimensions should be approximately 11 inches (27.94 
cm) 1 inch (2.54 cm) 1 inch (2.54 cm). A long-handled, wire shoe brush 
with a wooden handle, and with the wires removed, is an inexpensive, 
effective and practical mouth-opening device that meets these 
requirements.
    (2) A set of three canine mouth gags. Canine mouth gags are highly 
recommended to hold a turtle's mouth open, because the gag locks into an 
open position to allow for hands-free operation after it is in place. A 
set of canine mouth gags must include one of each of the following 
sizes: small (5 inches) (12.7 cm), medium (6 inches) (15.24 cm), and 
large (7 inches) (17.78 cm). They must be constructed of stainless 
steel. A 1-inch (4.45 cm) piece of vinyl tubing (\3/4\-inch (1.91 cm) 
outside diameter and \5/8\-inch (1.59 cm) inside diameter) must be 
placed over the ends to protect the turtle's beak.
    (3) A set of two sturdy dog chew bones. Placed in the corner of a 
turtle's jaw, canine chew bones are used to gag open a sea turtle's 
mouth. Required canine chews must be constructed of durable nylon, 
zylene resin, or thermoplastic polymer, and strong enough to withstand 
biting without splintering. To accommodate a variety of turtle beak 
sizes, a set must include one large (5\1/2\-8 inches (13.97 cm-20.32 cm) 
in length), and one small (3\1/2\-4\1/2\ inches (8.89 cm-11.43 cm) in 
length) canine chew bones.
    (4) A set of two rope loops covered with hose. A set of two rope 
loops covered with a piece of hose can be used as a mouth opener, and to 
keep a turtle's mouth open during hook and/or line removal. A required 
set consists of two 3-foot (0.91 m) lengths of poly braid rope (\3/8\-
inch (9.52 mm) diameter suggested), each covered with an 8-inch (20.32 
cm) section of \1/2\-inch (1.27 cm) or \3/4\-inch (1.91 cm) light-duty 
garden hose, and each tied into a loop. The upper loop of rope covered 
with hose is secured on the upper beak to give control with one hand, 
and the second piece of rope covered with hose is secured on the lower 
beak to give control with the user's foot.
    (5) A hank of rope. Placed in the corner of a turtle's jaw, a hank 
of rope can be used to gag open a sea turtle's mouth. A 6-foot (1.83 m) 
lanyard of approximately \3/16\-inch (4.76 mm) braided nylon rope may be 
folded to create a hank, or looped bundle, of rope. Any size soft-
braided nylon rope is allowed, however it must create a hank of 
approximately 2-4 inches (5.08 cm-10.16 cm) in thickness.
    (6) A set of four PVC splice couplings. PVC splice couplings can be 
positioned inside a turtle's mouth to allow access to the back of the 
mouth for hook and line removal. They are to be held in place with the 
needle-nose pliers. To ensure proper fit and access, a required set must 
consist of the following Schedule 40 PVC splice coupling sizes: 1 inch 
(2.54 cm), 1\1/4\ inch (3.18 cm), 1\1/2\ inch (3.81 cm), and 2 inches 
(5.08 cm).
    (7) A large avian oral speculum. A large avian oral speculum 
provides the ability to hold a turtle's mouth open and to control the 
head with one hand, while removing a hook with the other hand. The avian 
oral speculum must be 9-inches (22.86 cm) long, and constructed of \3/
16\-inch (4.76 mm) wire diameter surgical stainless steel (Type 304). It 
must be covered with 8 inches

[[Page 483]]

(20.32 cm) of clear vinyl tubing (\5/16\-inch (7.9 mm) outside diameter, 
\3/16\-inch (4.76 mm) inside diameter).
    (M) Turtle control devices. One turtle control device, as described 
in paragraph (c)(5)(i)(M)(1) or (2) of this section, and meeting the 
minimum design standards, is required onboard and must be used to secure 
a front flipper of the sea turtle so that the animal can be controlled 
at the side of the vessel. It is strongly recommended that a pair of 
turtle control devices be used to secure both front flippers when crew 
size and conditions allow. Minimum design standards consist of:
    (1) Turtle tether and extended reach handle. Approximately 15-20 
feet of \1/2\-inch hard lay negative buoyance line is used to make an 
approximately 30-inch loop to slip over the flipper. The line is fed 
through a \3/4\-inch fair lead, eyelet, or eyebolt at the working end of 
a pole and through a \3/4\-inch eyelet or eyebolt in the midsection. A 
\1/2\-inch quick release cleat holds the line in place near the end of 
the pole. A final \3/4\-inch eyelet or eyebolt should be positioned 
approximately 7-inches behind the cleat to secure the line, while 
allowing a safe working distance to avoid injury when releasing the line 
from the cleat. The line must be securely fastened to an extended reach 
handle or pole with a minimum length equal to, or greater than, 150 
percent of the height of the vessel's freeboard, or a minimum of 6 feet 
(1.83 m), whichever is greater. There is no restriction on the type of 
material used to construct this handle, as long as it is sturdy. The 
handle must include a tag line to attach the tether to the vessel to 
prevent the turtle from breaking away with the tether still attached.
    (2) T&G ninja sticks and extended reach handles. Approximately 30-35 
feet of \1/2\-inch to \5/8\-inch soft lay polypropylene or nylon line or 
similar is fed through 2 PVC conduit, fiberglass, or similar sturdy 
poles and knotted using an overhand (recommended) knot at the end of 
both poles or otherwise secured. There should be approximately 18-24 
inches of exposed rope between the poles to be used as a working surface 
to capture and secure the flipper. Knot the line at the ends of both 
poles to prevent line slippage if they are not otherwise secured. The 
remaining line is used to tether the apparatus to the boat unless an 
additional tag line is used. Two lengths of sunlight resistant \3/4\-
inch schedule 40 PVC electrical conduit, fiberglass, aluminum, or 
similar material should be used to construct the apparatus with a 
minimum length equal to, or greater than, 150 percent of the height of 
the vessel's freeboard, or 6 feet (1.83 m), whichever is greater.
    (ii) Handling and release requirements. (A) Sea turtle bycatch 
mitigation gear, as required by paragraphs (c)(5)(i)(A) through (D) of 
this section, must be used to disengage any hooked or entangled sea 
turtles that cannot be brought onboard. Sea turtle bycatch mitigation 
gear, as required by paragraphs (c)(5)(i)(E) through (M) of this 
section, must be used to facilitate access, safe handling, 
disentanglement, and hook removal or hook cutting of sea turtles that 
can be brought onboard, where feasible. Sea turtles must be handled, and 
bycatch mitigation gear must be used, in accordance with the careful 
release protocols and handling/release guidelines specified in paragraph 
(a)(3) of this section, and in accordance with the onboard handling and 
resuscitation requirements specified in Sec. 223.206(d)(1) of this 
title.
    (B) Boated turtles. When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet as required by paragraph (c)(5)(i)(E) of this section. All 
turtles less than 3 ft. (.91 m) carapace length should be boated, if sea 
conditions permit.
    (1) A boated turtle should be placed on a standard automobile tire, 
or cushioned surface, in an upright orientation to immobilize it and 
facilitate gear removal. Then, it should be determined if the hook can 
be removed without causing further injury.
    (2) All externally embedded hooks should be removed, unless hook 
removal would result in further injury to the turtle. No attempt to 
remove a hook should be made if it has been swallowed and the insertion 
point is not visible, or if it is determined that removal would result 
in further injury.

[[Page 484]]

    (3) If a hook cannot be removed, as much line as possible should be 
removed from the turtle using monofilament cutters as required by 
paragraph (c)(5)(i) of this section, and the hook should be cut as close 
as possible to the insertion point before releasing the turtle, using 
boltcutters as required by paragraph (c)(5)(i) of this section.
    (4) If a hook can be removed, an effective technique may be to cut 
off either the barb, or the eye, of the hook using bolt cutters, and 
then to slide the hook out. When the hook is visible in the front of the 
mouth, a mouth-opener, as required by paragraph (c)(5)(i) of this 
section, may facilitate opening the turtle's mouth and a gag may 
facilitate keeping the mouth open. Short-handled dehookers for ingested 
hooks, long-nose pliers, or needle-nose pliers, as required by paragraph 
(c)(5)(i) of this section, should be used to remove visible hooks from 
the mouth that have not been swallowed on boated turtles, as 
appropriate.
    (5) As much gear as possible must be removed from the turtle without 
causing further injury prior to its release. Refer to the careful 
release protocols and handling/release guidelines required in paragraph 
(a)(3) of this section, and the handling and resuscitation requirements 
specified in Sec. 223.206(d)(1) of this title, for additional 
information.
    (C) Non-boated turtles. If a sea turtle is too large, or hooked in a 
manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear required by 
paragraphs (c)(5)(i)(A) through (D) of this section must be used to 
disentangle sea turtles from fishing gear and disengage any hooks, or to 
clip the line and remove as much line as possible from a hook that 
cannot be removed, prior to releasing the turtle, in accordance with the 
protocols specified in paragraph (a)(3) of this section.
    (1) Non-boated turtles should be brought close to the boat and 
provided with time to calm down. Then, it must be determined whether or 
not the hook can be removed without causing further injury. A front 
flipper or flippers of the turtle must be secured with an approved 
turtle control device from the list specified in paragraph (c)(2)(v)(D) 
of this section.
    (2) All externally embedded hooks must be removed, unless hook 
removal would result in further injury to the turtle. No attempt should 
be made to remove a hook if it has been swallowed, or if it is 
determined that removal would result in further injury. If the hook 
cannot be removed and/or if the animal is entangled, as much line as 
possible must be removed prior to release, using a line cutter as 
required by paragraph (c)(5)(i) of this section. If the hook can be 
removed, it must be removed using a long-handled dehooker as required by 
paragraph (c)(5)(i) of this section.
    (3) Without causing further injury, as much gear as possible must be 
removed from the turtle prior to its release. Refer to the careful 
release protocols and handling/release guidelines required in paragraph 
(a)(3) of this section, and the handling and resuscitation requirements 
specified in Sec. 223.206(d)(1) for additional information.
    (iii) Gear modifications. The following measures are required of 
vessel operators to reduce the incidental capture and mortality of sea 
turtles:
    (A) Gangion length. The length of any gangion on vessels that have 
pelagic longline gear on board and that have been issued, or are 
required to have, a limited access swordfish, shark, or tuna Longline 
category permit for use in the Atlantic Ocean including the Caribbean 
Sea and the Gulf of Mexico must be at least 10 percent longer than any 
floatline length if the total length of any gangion plus the total 
length of any floatline is less than 100 meters.
    (B) Hook size, type, and bait. Vessels fishing outside of the NED 
gear restricted area, as defined at Sec. 635.2, that have pelagic 
longline gear on board, and that have been issued, or are required to 
have, a limited access swordfish, shark, or Atlantic Tunas Longline 
category permit for use in the Atlantic Ocean, including the Caribbean 
Sea and the Gulf of Mexico, are limited, at all times, to possessing on 
board and/or using only whole finfish and/or squid bait, and the 
following types and sizes of fishing hooks:

[[Page 485]]

    (1) 18/0 or larger circle hooks with an offset not to exceed 
10 deg.; and/or,
    (2) 16/0 or larger non-offset circle hooks.
    (i) For purposes of paragraphs (c)(5)(iii)(B)(1) and (2) of this 
section, the outer diameter of an 18/0 circle hook at its widest point 
must be no smaller than 2.16 inches (55 mm), and the outer diameter of a 
16/0 circle hook at its widest point must be no smaller than 1.74 inches 
(44.3 mm), when measured with the eye of the hook on the vertical axis 
(y-axis) and perpendicular to the horizontal axis (x-axis). The distance 
between the hook point and the shank (i.e., the gap) on an 18/0 circle 
hook must be no larger than 1.13 inches (28.8 mm), and the gap on a 16/0 
circle hook must be no larger than 1.01 inches (25.8 mm). The allowable 
offset is measured from the barbed end of the hook, and is relative to 
the parallel plane of the eyed-end, or shank, of the hook when laid on 
its side. The only allowable offset circle hooks are those that are 
offset by the hook manufacturer. In the Gulf of Mexico, as described at 
Sec. 600.105(c) of this chapter, circle hooks also must be constructed 
of corrodible round wire stock that is no larger than 3.65 mm in 
diameter.
    (ii) [Reserved]
    (3) If green-stick gear, as defined at Sec. 635.2, is onboard, a 
vessel may possess up to 20 J-hooks. J-hooks may be used only with 
green-stick gear, and no more than 10 hooks may be used at one time with 
each green-stick gear. J-hooks used with green-stick gear may be no 
smaller than 1.5 inch (38.1 mm) when measured in a straight line over 
the longest distance from the eye to any other part of the hook. If 
green-stick gear is onboard, artificial bait may be possessed, but may 
be used only with green-stick gear.
    (iv) Approval of sea turtle bycatch mitigation gear. NMFS will file 
with the Office of the Federal Register for publication an initial list 
of required sea turtle bycatch mitigation gear that NMFS has approved as 
meeting the minimum design standards specified under paragraph (c)(5)(i) 
of this section. Other devices proposed for use as line clippers or 
cutters or dehookers, as specified under paragraphs (c)(5)(i)(A), (B), 
(C), (G), (H), and (K) of this section, must be approved as meeting the 
minimum design standards before being used. NMFS will examine new 
devices, as they become available, to determine if they meet the minimum 
design standards, and will file with the Office of the Federal Register 
for publication notification of any new devices that are approved as 
meeting the standards.
    (d) Bottom longlines. (1) If bottom longline gear is onboard a 
vessel issued a permit under this part, persons aboard that vessel may 
not fish or deploy any type of fishing gear in the following areas:
    (i) The mid-Atlantic shark closed area from January 1 through July 
31 each calendar year;
    (ii) The areas designated at Sec. 622.435(a)(2)(i) through (iii) of 
this chapter, year-round; and
    (iii) The areas described in paragraphs (d)(1)(iii)(A) through (H) 
of this section, year-round.
    (A) Snowy Grouper Wreck. Bounded by rhumb lines connecting, in 
order, the following points: 33 deg.25' N. lat., 77 deg.04.75' W. long.; 
33 deg.34.75' N. lat., 76 deg.51.3' W. long.; 33 deg.25.5' N. lat., 
76 deg.46.5' W. long.; 33 deg.15.75' N. lat., 77 deg.00.0' W. long.; 
33 deg.25' N. lat., 77 deg.04.75' W. long.
    (B) Northern South Carolina. Bounded on the north by 32 deg.53.5' N. 
lat.; on the south by 32 deg.48.5' N. lat.; on the east by 78 deg.04.75' 
W. long.; and on the west by 78 deg.16.75' W. long.
    (C) Edisto. Bounded on the north by 32 deg.24' N. lat.; on the south 
by 32 deg.18.5' N. lat.; on the east by 78 deg.54.0' W. long.; and on 
the west by 79 deg.06.0' W. long.
    (D) Charleston Deep Artificial Reef. Bounded by rhumb lines 
connecting, in order, the following points: 32 deg.04' N. lat., 
79 deg.12' W. long.; 32 deg.08.5' N. lat., 79 deg.07.5' W. long.; 
32 deg.06' N. lat., 79 deg.05' W. long.; 32 deg.01.5' N. lat., 
79 deg.09.3' W. long.; 32 deg.04' N. lat., 79 deg.12' W. long.
    (E) Georgia. Bounded by rhumb lines connecting, in order, the 
following points: 31 deg.43' N. lat., 79 deg.31' W. long.; 31 deg.43' N. 
lat., 79 deg.21' W. long.; 31 deg.34' N. lat., 79 deg.29' W. long.; 
31 deg.34' N. lat., 79 deg.39' W. long; 31 deg.43' N. lat., 79 deg.31' 
W. long.
    (F) North Florida. Bounded on the north by 30 deg.29' N. lat.; on 
the south by 30 deg.19' N. lat.; on the east by 80 deg.02' W. long.; and 
on the west by 80 deg.14' W. long.
    (G) St. Lucie Hump. Bounded on the north by 27 deg.08' N. lat.; on 
the south by

[[Page 486]]

27 deg.04' N. lat.; on the east by 79 deg.58' W. long.; and on the west 
by 80 deg.00' W. long.
    (H) East Hump. Bounded by rhumb lines connecting, in order, the 
following points: 24 deg.36.5' N. lat., 80 deg.45.5' W. long.; 
24 deg.32' N. lat., 80 deg.36' W. long; 24 deg.27.5' N. lat., 
80 deg.38.5' W. long; 24 deg.32.5' N. lat., 80 deg.48' W. long.; 
24 deg.36.5' N. lat., 80 deg.45.5' W. long.
    (2) The operator of a vessel required to be permitted under this 
part and that has bottom longline gear on board must undertake the 
following bycatch mitigation measures to release sea turtles, prohibited 
sharks, or smalltooth sawfish, as appropriate.
    (i) Possession and use of required mitigation gear. The equipment 
listed in paragraph (c)(5)(i) of this section must be carried on board 
and must be used to handle, release, and disentangle hooked or entangled 
sea turtles, prohibited sharks, or smalltooth sawfish in accordance with 
requirements specified in paragraph (d)(2)(ii) of this section.
    (ii) Handling and release requirements. Sea turtle bycatch 
mitigation gear, as required by paragraph (d)(2)(i) of this section, 
must be used to disengage any hooked or entangled sea turtle as stated 
in paragraph (c)(5)(ii) of this section. This mitigation gear should 
also be employed to disengage any hooked or entangled species of 
prohibited sharks as listed under heading D of Table 1 of appendix A of 
this part, any hooked or entangled species of sharks that exceed the 
retention limits as specified in Sec. 635.24(a), and any hooked or 
entangled smalltooth sawfish. In addition, if a smalltooth sawfish is 
caught, the fish should be kept in the water while maintaining water 
flow over the gills and the fish should be examined for research tags. 
All smalltooth sawfish must be released in a manner that will ensure 
maximum probability of survival, but without removing the fish from the 
water or any research tags from the fish.
    (3) If a vessel issued or required to be issued a permit under this 
part is in a closed area designated under paragraph (d)(1) of this 
section and has pelagic longline gear onboard, the vessel may not, at 
any time, possess or land any demersal species listed in Table 3 of 
Appendix A to this part in excess of 5 percent, by weight, of the total 
weight of pelagic and demersal species possessed or landed, that are 
listed in Tables 2 and 3 of Appendix A to this part.
    (e) Purse seine--(1) Mesh size. A purse seine used in directed 
fishing for bluefin tuna must have a mesh size equal to or smaller than 
4.5 inches (11.4 cm) in the main body (stretched when wet) and must have 
at least 24-count thread throughout the net.
    (2) Inspection of purse seine vessels. Persons that own or operate 
an Atlantic Tunas purse seine vessel must have their fishing gear 
inspected for mesh size by an enforcement agent of NMFS prior to 
commencing fishing for the season in any fishery that may result in the 
harvest of Atlantic tunas. Such persons must request such inspection at 
least 24 hours before commencement of the first fishing trip of the 
season. If NMFS does not inspect the vessel within 24 hours of such 
notification, the inspection requirement is waived. In addition, at 
least 24 hours before commencement of offloading any bluefin tuna after 
a fishing trip, such persons must request an inspection of the vessel 
and catch by notifying NMFS. If, after notification by the vessel, NMFS 
does not arrange to inspect the vessel and catch at offloading, the 
inspection requirement is waived.
    (f) Rod and reel. Persons who have been issued or are required to be 
issued a permit under this part and who are participating in a 
``tournament,'' as defined in Sec. 635.2, that bestows points, prizes, 
or awards for Atlantic billfish must deploy only non-offset circle hooks 
when using natural bait or natural bait/artificial lure combinations, 
and may not deploy a J-hook or an offset circle hook in combination with 
natural bait or a natural bait/artificial lure combination.
    (g) Gillnet. (1) Persons fishing with gillnet gear must comply with 
the provisions implementing the Atlantic Large Whale Take Reduction 
Plan, the Bottlenose Dolphin Take Reduction Plan, the Harbor Porpoise 
Take Reduction Plan, and any other relevant Take Reduction Plan set 
forth in Sec. Sec. 229.32 through 229.35 of this title. If a listed 
whale is taken, the vessel operator

[[Page 487]]

must cease fishing operations immediately and contact NOAA Fisheries as 
required under part 229 of this title.
    (2) While fishing with a drift gillnet, a vessel issued or required 
to be issued a Federal Atlantic commercial shark limited access permit 
and/or a Federal commercial smoothhound permit must conduct net checks 
at least every 2 hours to look for and remove any sea turtles, marine 
mammals, Atlantic sturgeon, or smalltooth sawfish, and the drift gillnet 
must remain attached to at least one vessel at one end, except during 
net checks. Smalltooth sawfish must not be removed from the water while 
being removed from the net.
    (3) While fishing with a sink gillnet, vessels issued or required to 
be issued a Federal Atlantic commercial shark limited access permit and/
or a Federal commercial smoothhound permit must limit the soak time of 
the sink gillnet gear to no more than 24 hours, measured from the time 
the sink gillnet first enters the water to the time it is completely 
removed from the water. Smalltooth sawfish must not be removed from the 
water while being removed from the net.
    (4) No person may fish for sharks with a gillnet with a total length 
of 2.5 km or more. No vessel may have on board a gillnet with a total 
length of 2.5 km or more.
    (h) Buoy gear. Vessels utilizing buoy gear may not possess or deploy 
more than 35 floatation devices, and may not deploy more than 35 
individual buoy gears per vessel. Buoy gear must be constructed and 
deployed so that the hooks and/or gangions are attached to the vertical 
portion of the mainline. Floatation devices may be attached to one but 
not both ends of the mainline, and no hooks or gangions may be attached 
to any floatation device or horizontal portion of the mainline. If more 
than one floatation device is attached to a buoy gear, no hook or 
gangion may be attached to the mainline between them. Individual buoy 
gears may not be linked, clipped, or connected together in any way. Buoy 
gears must be released and retrieved by hand. All deployed buoy gear 
must have some type of monitoring equipment affixed to it including, but 
not limited to, radar reflectors, beeper devices, lights, or reflective 
tape. If only reflective tape is affixed, the vessel deploying the buoy 
gear must possess on board an operable spotlight capable of illuminating 
deployed floatation devices. If a gear monitoring device is positively 
buoyant, and rigged to be attached to a fishing gear, it is included in 
the 35 floatation device vessel limit and must be marked appropriately.
    (i) Speargun fishing gear. Speargun fishing gear may only be 
utilized when recreational fishing for Atlantic BAYS tunas and only from 
vessels issued either a valid HMS Angling or valid HMS Charter/Headboat 
permit. Persons fishing for Atlantic BAYS tunas using speargun gear, as 
specified in Sec. 635.19, must be physically in the water when the 
speargun is fired or discharged, and may freedive, use SCUBA, or other 
underwater breathing devices. Only free-swimming BAYS tunas, not those 
restricted by fishing lines or other means, may be taken by speargun 
fishing gear. ``Powerheads,'' as defined at Sec. 600.10 of this 
chapter, or any other explosive devices, may not be used to harvest or 
fish for BAYS tunas with speargun fishing gear.
    (j) Green-stick gear. Green-stick gear may only be utilized when 
fishing from vessels issued a valid Atlantic Tunas General, Swordfish 
General Commercial, HMS Charter/Headboat, or Atlantic Tunas Longline 
category permit. The gear must be attached to the vessel, actively 
trolled with the mainline at or above the water's surface, and may not 
be deployed with more than 10 hooks or gangions attached.

[79 FR 71594, Dec. 2, 2014, as amended at 80 FR 60567, Oct. 7, 2015; 80 
FR 73145, Nov. 24, 2015; 81 FR 57806, Aug. 24, 2016]



Sec. 635.22  Recreational retention limits.

    (a) General. (1) Atlantic HMS caught, possessed, retained, or landed 
under these recreational limits may not be sold or transferred to any 
person for a commercial purpose. Recreational retention limits apply to 
a longbill spearfish taken or possessed shoreward of the outer boundary 
of the Atlantic EEZ, to a shark taken from or possessed in the Atlantic 
Ocean including the Gulf of Mexico and Caribbean Sea, to a North 
Atlantic swordfish taken from or possessed in the Atlantic

[[Page 488]]

Ocean, and to bluefin and yellowfin tuna taken from or possessed in the 
Atlantic Ocean. The operator of a vessel for which a retention limit 
applies is responsible for the vessel retention limit and for the 
cumulative retention limit based on the number of persons aboard. 
Federal recreational retention limits may not be combined with any 
recreational retention limit applicable in state waters.
    (2) Vessels issued an HMS General Category permit under Sec. 
635.4(d) that are participating in a HMS registered tournament, vessels 
issued a HMS Angling category permit under Sec. 635.4(c), or vessels 
issued a HMS Charter/Headboat permit under Sec. 635.4(b) may not 
retain, possess or land oceanic whitetip sharks or scalloped, smooth, or 
great hammerhead sharks if swordfish, tuna, or billfish are retained or 
possessed on board, or offloaded from, the vessel. Such vessels also may 
not retain, possess or land swordfish, tuna, or billfish if oceanic 
whitetip sharks, or scalloped, smooth, or great hammerhead sharks are 
retained or possessed on board, or offloaded from, the vessel.
    (3) Vessels issued an HMS General Category permit under Sec. 
635.4(d) that are participating in an HMS registered tournament, vessels 
issued a Swordfish General commercial permit under Sec. 635.4(f) that 
are participating in an HMS registered tournament, vessels issued a HMS 
Angling category permit under Sec. 635.4(c), or vessels issued a HMS 
Charter/Headboat permit under Sec. 635.4(b) are required to release 
unharmed, to the extent practicable, porbeagle sharks that are alive at 
the time of haulback if swordfish, tuna, or billfish are retained or 
possessed on board, or offloaded from, the vessel during that trip.
    (b) Billfish. No longbill spearfish from the management unit may be 
taken, retained, or possessed shoreward of the outer boundary of the 
EEZ.
    (c) Sharks. (1) The recreational retention limit for sharks applies 
to any person who fishes in any manner, except to persons aboard a 
vessel that has been issued a Federal Atlantic commercial shark vessel 
permit under Sec. 635.4. The retention limit can change depending on 
the species being caught and the size limit under which they are being 
caught as specified under Sec. 635.20(e). If a commercial Atlantic 
shark quota is closed under Sec. 635.28, the recreational retention 
limit for sharks and no sale provision in paragraph (a) of this section 
may be applied to persons aboard a vessel issued a Federal Atlantic 
commercial shark vessel permit under Sec. 635.4, only if that vessel 
has also been issued an HMS Charter/Headboat permit issued under Sec. 
635.4 and is engaged in a for-hire fishing trip.
    (2) Only one shark from the following list may be retained per 
vessel per trip, subject to the size limits described in Sec. 
635.20(e)(2) and (4): Atlantic blacktip, Gulf of Mexico blacktip, bull, 
great hammerhead, scalloped hammerhead, smooth hammerhead, lemon, nurse, 
spinner, tiger, blue, common thresher, oceanic whitetip, porbeagle, 
shortfin mako, Atlantic sharpnose, finetooth, Atlantic blacknose, Gulf 
of Mexico blacknose, and bonnethead.
    (3) In addition to the sharks listed under paragraph (c)(2) of this 
section, one Atlantic sharpnose shark and one bonnethead shark may be 
retained per person per trip, subject to the size limits described in 
Sec. 635.20(e)(3).
    (4) No prohibited sharks, including parts or pieces of prohibited 
sharks, which are listed in section D of Table 1 of Appendix A to this 
part, may be retained regardless of where harvested.
    (5) Sharks listed in Table 1 of Appendix A that are not listed in 
this section, must be released by persons aboard a vessel that has not 
been issued a Federal Atlantic commercial shark vessel permit under 
Sec. 635.4.
    (6) The smoothhound sharks listed in Section E of Table 1 of 
Appendix A to this part may be retained and are subject only to the size 
limits described in Sec. 635.20(e)(5).
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna per person may be possessed on board a vessel. The 
recreational retention limit for yellowfin tuna applies to a person who 
fishes in any manner, except to a person aboard a vessel issued an 
Atlantic Tunas vessel permit under Sec. 635.4. The recreational 
retention limit for

[[Page 489]]

yellowfin tuna applies to persons, including captain and crew, aboard a 
vessel that has been issued an Atlantic HMS Charter/Headboat permit only 
when the vessel is engaged in a for-hire trip.
    (e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna 
recreational retention limits.
    (f) North Atlantic swordfish. The recreational retention limits for 
North Atlantic swordfish apply to persons who fish in any manner, except 
to persons aboard a vessel that has been issued an HMS Charter/Headboat 
permit under Sec. 635.4(b) and only when on a non for-hire trip, a 
directed, incidental or handgear limited access swordfish permit under 
Sec. 635.4(e) and (f), a Swordfish General Commercial permit under 
Sec. 635.4(f), an Incidental HMS Squid Trawl permit under Sec. 
635.4(n), or an HMS Commercial Caribbean Small boat permit under Sec. 
635.4(o).
    (1) When on a for-hire trip as defined at Sec. 635.2, vessels 
issued an HMS Charter/Headboat permit under Sec. 635.4(b), that are 
charter boats as defined under Sec. 600.10 of this chapter, may retain, 
possess, or land no more than one North Atlantic swordfish per paying 
passenger and up to six North Atlantic swordfish per vessel per trip. 
When such vessels are on a non for-hire trip, they must comply with the 
commercial retention limits for swordfish specified at Sec. 
635.24(b)(4).
    (2) When on a for-hire trip as defined at Sec. 635.2, vessels 
issued an HMS Charter/Headboat permit under Sec. 635.4(b), that are 
headboats as defined under Sec. 600.10 of this chapter, may retain, 
possess, or land no more than one North Atlantic swordfish per paying 
passenger and up to 15 North Atlantic swordfish per vessel per trip. 
When such vessels are on a non for-hire trip, they may land no more than 
the commercial retention limits for swordfish specified at Sec. 
635.24(b)(4).
    (3) Vessels issued an HMS Angling category permit under Sec. 
635.4(c), may retain, possess, or land no more than one North Atlantic 
swordfish per person and up to four North Atlantic swordfish per vessel 
per trip.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.22, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.23  Retention limits for bluefin tuna.

    The retention limits in this section are subject to the quotas and 
closure provisions in Sec. Sec. 635.27 and 635.28.
    (a) General category. (1) No person aboard a vessel that has a 
General category Atlantic Tunas permit may possess, retain, land, or 
sell a BFT in the school, large school, or small medium size class.
    (2) On an RFD, no person aboard a vessel that has been issued a 
General category Atlantic Tunas permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and catch-and-release or tag-and-
release fishing for BFT under Sec. 635.26 is not authorized from such 
vessel. On days other than RFDs, and when the General category is open, 
one large medium or giant BFT may be caught and landed from such vessel 
per day. NMFS will annually publish a schedule of RFDs in the Federal 
Register.
    (3) Regardless of the length of a trip, no more than a single day's 
retention limit of large medium or giant BFT may be possessed or 
retained aboard a vessel that has a General category Atlantic Tunas 
permit. On days other than RFDs, when the General category is open, no 
person aboard such vessel may continue to fish, and the vessel must 
immediately proceed to port once the applicable limit for large medium 
or giant BFT is retained.
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of five per 
vessel. Such increase or decrease will be based on the criteria provided 
under Sec. 635.27(a)(8). NMFS will adjust the daily retention limit 
specified in paragraph (a)(2) of this section by filing an adjustment 
with the Office of the Federal Register for publication. In no case 
shall such adjustment be effective less than 3 calendar days after the 
date of filing with the Office of the Federal Register, except that 
previously designated RFDs may be waived effective upon closure of the 
General category fishery so that

[[Page 490]]

persons aboard vessels permitted in the General category may conduct 
tag-and-release fishing for BFT under Sec. 635.26.
    (b) Angling category. BFT may be retained and landed under the daily 
limits and quotas applicable to the Angling category by persons aboard 
vessels issued an HMS Angling permit as follows:
    (1) Large medium and giant BFT. (i) No large medium or giant BFT may 
be retained, possessed, landed, or sold in the Gulf of Mexico, except 
one per vessel per year may be landed if caught incidentally to fishing 
for other species.
    (ii) One per vessel per year may be retained, possessed, and landed 
outside the Gulf of Mexico.
    (iii) When a large medium or giant BFT has been caught and retained 
under this paragraph (b)(1), no person aboard the vessel may continue to 
fish, the vessel must immediately proceed to port, and no such BFT may 
be sold or transferred to any person for a commercial purpose.
    (2) School, large school, or small medium BFT. (i) No school, large 
school, or small medium BFT may be retained, possessed, landed, or sold 
in the Gulf of Mexico.
    (ii) One school, large school, or small medium BFT per vessel per 
day may be retained, possessed, or landed outside the Gulf of Mexico. 
Regardless of the length of a trip, no more than a single day's 
allowable catch of school, large school, or small medium BFT may be 
possessed or retained.
    (3) Changes to retention limits. To provide for maximum utilization 
of the quota for BFT over the longest period of time, NMFS may increase 
or decrease the retention limit for any size class of BFT, or change a 
vessel trip limit to an angler trip limit and vice versa. Such increase 
or decrease in retention limit will be based on the criteria provided 
under Sec. 635.27 (a)(8). The retention limits may be adjusted 
separately for persons aboard a specific vessel type, such as private 
vessels, headboats, or charter boats. NMFS will adjust the daily 
retention limit specified in paragraph (b)(2) of this section by filing 
an adjustment with the Office of the Federal Register for publication. 
In no case shall such adjustment be effective less than 3 calendar days 
after the date of filing with the Office of the Federal Register.
    (c) HMS Charter/Headboat. Persons aboard a vessel issued an HMS 
Charter/Headboat permit may retain and land BFT under the daily limits 
and quotas applicable to the Angling category or the General category as 
follows:
    (1) When fishing in the Gulf of Mexico, the restrictions applicable 
to the Angling category specified in paragraph (b)(1) of this section 
apply.
    (2) When fishing other than in the Gulf of Mexico when the fishery 
for the General category is closed, the restrictions applicable to the 
Angling category specified in paragraphs (b)(1) through (b)(3) of this 
section apply.
    (3) When fishing other than in the Gulf of Mexico and when the 
fishery under the General category has not been closed under Sec. 
635.28, a person aboard a vessel that has been issued an HMS Charter/
Headboat permit may fish under either the retention limits applicable to 
the General category specified in paragraphs (a)(2) and (a)(3) of this 
section or the retention limits applicable to the Angling category 
specified in paragraphs (b)(2) and (b)(3) of this section. The size 
category of the first BFT retained will determine the fishing category 
applicable to the vessel that day.
    (d) Harpoon category. Persons aboard a vessel permitted in the 
Atlantic Tunas Harpoon category may retain, possess, or land an 
unlimited number of giant bluefin tuna per day. An incidental catch of 
two large medium bluefin tuna per vessel per day may be retained, 
possessed, or landed, unless the retention limits is increased by NMFS 
through an inseason adjustment to three, or a maximum of four, large 
medium bluefin tuna per vessel per day, based upon the criteria under 
Sec. 635.27(a)(8). NMFS will implement an adjustment via publication in 
the Federal Register. If adjusted upwards to three or four large medium 
bluefin tuna per vessel per day, NMFS may subsequently decrease the 
retention limit down to the default level of two, based on the criteria 
under Sec. 635.27(a)(8).

[[Page 491]]

    (e) Purse Seine category. Persons aboard a vessel permitted in the 
Atlantic Tunas Purse Seine category may retain giant bluefin tuna (81 
inches and larger), and smaller bluefin, as restricted by paragraphs 
(e)(1) and (2) of this section, up to the amount of individual quota 
allocated under Sec. 635.27(a)(4)(ii). Purse seine vessel owners who, 
through landing and/or leasing, have no remaining bluefin tuna quota 
allocation may not use their permitted vessels in any fishery in which 
Atlantic bluefin tuna might be caught, regardless of whether bluefin 
tuna are retained, unless such vessel owners lease additional allocation 
through the Individual Bluefin Quota Allocation Leasing Program, under 
Sec. 635.15(c). Persons aboard a vessel permitted in the Atlantic Tunas 
Purse Seine category,
    (1) May retain, possess, land, or sell large medium bluefin in 
amounts not exceeding 15 percent, by weight, of the total amount of 
giant bluefin landed during that fishing year.
    (2) May retain, possess, or land bluefin smaller than the large 
medium size class that are taken incidentally when fishing for skipjack 
tuna in an amount not exceeding 1 percent, by weight, of the skipjack 
tuna and yellowfin tuna landed on that trip. Landings of bluefin smaller 
than the large medium size class may not be sold and are counted against 
the Purse Seine category bluefin quota allocated to that vessel.
    (3) May fish for yellowfin, bigeye, albacore, or skipjack tuna at 
any time; however, landings of bluefin tuna taken incidental to 
fisheries targeting other Atlantic tunas or in any fishery in which 
bluefin tuna might be caught will be deducted from the individual 
vessel's quota.
    (f) Longline category. Persons aboard a vessel permitted in the 
Atlantic Tunas Longline category are subject to the bluefin tuna 
retention restrictions in paragraphs (f)(1) and (2) of this section.
    (1) A vessel fishing with pelagic longline gear may retain, possess, 
land and sell large medium and giant bluefin tuna taken incidentally 
when fishing for other species if in compliance with all the IBQ 
requirements of Sec. 635.15, including the requirement that a vessel 
may not declare into or depart on a fishing trip with pelagic longline 
onboard unless it has the required minimum bluefin tuna IBQ allocation 
required for the region where fishing activity will occur.
    (2) A vessel with pelagic longline gear onboard must retain all dead 
bluefin tuna that are 73 inches or greater CFL.
    (g) Trap category. Persons aboard a vessel permitted in the Atlantic 
Tunas Trap category may retain, possess, land, and sell each fishing 
year only one large medium or giant BFT that is taken incidentally while 
fishing for other species with a pound net or fish weir. No other 
Atlantic tunas caught in a pound net or fish weir may be retained.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 67 
FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003; 68 FR 56788, Oct. 2, 
2003; 68 FR 74511, Dec. 24, 2003; 69 FR 40758, July 6, 2004; 70 FR 
10900, Mar. 7, 2005; 71 FR 58169, Oct. 2, 2006; 76 FR 39031, July 5, 
2011; 76 FR 74009, Nov. 30, 2011; 79 FR 71601, Dec. 2, 2014]



Sec. 635.24  Commercial retention limits for sharks, swordfish,
and BAYS tunas.

    The retention limits in this section are subject to the quotas and 
closure provisions in Sec. Sec. 635.27 and 635.28, and the gear 
operation and deployment restrictions in Sec. 635.21.
    (a) Sharks. (1) A person who owns or operates a vessel that has been 
issued a valid shark research permit under Sec. 635.32(f) and who has a 
NMFS-approved observer on board may retain, possess, or land LCS, 
including sandbar sharks, in excess of the retention limits in 
paragraphs (a)(2) through (6) of this section. The amount of LCS that 
can be landed by such a person will vary as specified on the shark 
research permit. Only a person who owns or operates a vessel issued a 
valid shark research permit with a NMFS-approved observer on board may 
retain, possess, or land sandbar sharks.
    (2) Except as noted in paragraphs (a)(4)(iv) through (vi) of this 
section, the commercial retention limit for LCS other than sandbar 
sharks for a person who owns or operates a vessel that has been issued a 
directed LAP for sharks and does not have a valid shark

[[Page 492]]

research permit, or a person who owns or operates a vessel that has been 
issued a directed LAP for sharks and that has been issued a shark 
research permit but does not have a NMFS-approved observer on board, may 
range between zero and 55 LCS other than sandbar sharks per vessel per 
trip if the respective LCS management group(s) is open per Sec. Sec. 
635.27 and 635.28. Such persons may not retain, possess, or land sandbar 
sharks. At the start of each fishing year, the default commercial 
retention limit is 45 LCS other than sandbar sharks per vessel per trip 
unless NMFS determines otherwise and files with the Office of the 
Federal Register for publication notification of an inseason adjustment. 
During the fishing year, NMFS may adjust the retention limit per the 
inseason trip limit adjustment criteria listed in Sec. 635.24(a)(8).
    (3) Except as noted in paragraphs (a)(4)(iv) through (vi) of this 
section, a person who owns or operates a vessel that has been issued an 
incidental LAP for sharks and does not have a valid shark research 
permit, or a person who owns or operates a vessel that has been issued 
an incidental LAP for sharks and that has been issued a valid shark 
research permit but does not have a NMFS-approved observer on board, may 
retain, possess, or land no more than 3 LCS other than sandbar sharks 
per vessel per trip if the respective LCS management group(s) is open 
per Sec. Sec. 635.27 and 635.28. Such persons may not retain, possess, 
or land sandbar sharks.
    (4)(i) A person who owns or operates a vessel that has been issued a 
directed shark LAP may retain, possess, or land pelagic sharks if the 
pelagic shark fishery is open per Sec. Sec. 635.27 and 635.28.
    (ii) A person who owns or operates a vessel that has been issued a 
shark LAP and is operating south of 34 deg.00' N. lat. in the Atlantic 
region, as defined at Sec. 635.27(b)(1), may retain, possess, land, or 
sell blacknose and non-blacknose SCS if the respective blacknose and 
non-blacknose SCS management groups are open per Sec. Sec. 635.27 and 
635.28. A person who owns or operates a vessel that has been issued a 
shark LAP and is operating north of 34 deg.00' N. lat. in the Atlantic 
region, as defined at Sec. 635.27(b)(1), or a person who owns or 
operates a vessel that has been issued a shark LAP and is operating in 
the Gulf of Mexico region, as defined at Sec. 635.27(b)(1), may not 
retain, possess, land, or sell any blacknose sharks, but may retain, 
possess, land, or sell non-blacknose SCS if the respective non-blacknose 
SCS management group is open per Sec. Sec. 635.27 and 635.28.
    (iii) Consistent with paragraph (a)(4)(ii) of this section, a person 
who owns or operates a vessel that has been issued an incidental shark 
LAP may retain, possess, or land no more than 16 SCS and pelagic sharks, 
combined, per trip, if the respective fishery is open per Sec. Sec. 
635.27 and 635.28.
    (iv) A person who owns or operates a vessel that has been issued an 
HMS Commercial Caribbean Small Boat permit may retain, possess, or land 
any LCS, SCS or pelagic sharks only when the HMS Commercial Caribbean 
Small Boat permit trip limit is set above zero. The current shark trip 
limit for HMS Commercial Caribbean Small Boat permit holders is set at 
zero.
    (5) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark permit may not retain, possess, land, 
sell, or purchase prohibited sharks, including any parts or pieces of 
prohibited sharks, which are listed in section D of Table 1 of Appendix 
A to this part under prohibited sharks.
    (6) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark permit, and who decides to retain 
sharks, must retain, subject to the trip limits, all dead, legal-sized, 
non-prohibited sharks that are brought onboard the vessel and cannot 
replace those sharks with sharks of higher quality or size that are 
caught later in the trip. Any fish that are to be released cannot be 
brought onboard the vessel and must be released in the water in a manner 
that maximizes survival.
    (7) A person who owns or operates a vessel that has been issued a 
Federal commercial smoothhound permit may retain, possess, and land 
smoothhound sharks if the smoothhound fishery is open in accordance with 
Sec. Sec. 635.27 and 635.28. Persons aboard a vessel in a trawl fishery 
that has been issued a

[[Page 493]]

Federal commercial smoothhound permit and are in compliance with all 
other applicable regulations, may retain, possess, land, or sell 
incidentally-caught smoothhound sharks, but only up to an amount that 
does not exceed 25 percent, by weight, of the total catch on board and/
or offloaded from the vessel. A vessel is in a trawl fishery when it has 
no commercial fishing gear other than trawls on board and when 
smoothhound sharks constitute no more than 25 percent by weight of the 
total catch on board or offloaded from the vessel.
    (8) Inseason trip limit adjustment criteria. NMFS will file with the 
Office of the Federal Register for publication notification of any 
inseason adjustments to trip limits by region or sub-region. Before 
making any adjustment, NMFS will consider the following criteria and 
other relevant factors:
    (i) The amount of remaining shark quota in the relevant area, 
region, or sub-region, to date, based on dealer reports;
    (ii) The catch rates of the relevant shark species/complexes in the 
region or sub-region, to date, based on dealer reports;
    (iii) Estimated date of fishery closure based on when the landings 
are projected to reach 80 percent of the quota given the realized catch 
rates;
    (iv) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments;
    (v) Variations in seasonal distribution, abundance, or migratory 
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or
    (vi) Effects of catch rates in one part of a region or sub-region 
precluding vessels in another part of that region or sub-region from 
having a reasonable opportunity to harvest a portion of the relevant 
quota.
    (9) Notwithstanding other provisions in this subsection, possession, 
retention, transshipment, landing, sale, or storage of silky sharks, 
oceanic whitetip sharks, and scalloped, smooth, and great hammerhead 
sharks is prohibited on vessels issued a permit under this part that 
have pelagic longline gear on board or on vessels issued both an HMS 
Charter/Headboat permit and a commercial shark permit when tuna, 
swordfish or billfish are on board the vessel, offloaded from the 
vessel, or being offloaded from the vessel.
    (10) Notwithstanding other provisions in this paragraph (a), vessels 
issued a permit under this part that have pelagic longline gear on board 
or on vessels issued both an HMS Charter/Headboat permit and a 
commercial shark permit when tuna, swordfish, or billfish are on board 
the vessel, offloaded from the vessel, or being offloaded from the 
vessel, are required to release unharmed, to the extent practicable, 
porbeagle sharks that are alive at the time of haulback.
    (b) Swordfish. (1) Persons aboard a vessel that has been issued an 
incidental LAP for swordfish may retain, possess, land, or sell no more 
than 30 swordfish per trip in or from the Atlantic Ocean north of 5 deg. 
N. lat.
    (2) Persons aboard a vessel in the squid trawl fishery that has been 
issued an Incidental HMS squid trawl permit may retain, possess, land, 
or sell no more than 15 swordfish per trip in or from the Atlantic Ocean 
north of 5 deg. N. lat. A vessel is considered to be in the squid trawl 
fishery when it has no commercial fishing gear other than trawls on 
board and when squid constitute not less than 75 percent by weight of 
the total fish on board or offloaded from the vessel.
    (3) Persons aboard a vessel that has been issued an HMS Commercial 
Caribbean Small Boat vessel permit may retain, possess, land, or sell no 
more than 2 swordfish per trip in or from the Atlantic Ocean north of 
5 deg. N. lat.
    (4) Persons aboard a vessel that has been issued a Swordfish General 
Commercial permit or an HMS Charter/Headboat permit (and only when on a 
non for-hire trip) are subject to the regional swordfish retention 
limits specified at paragraph (b)(4)(iii), which may be adjusted during 
the fishing year based upon the inseason regional retention limit 
adjustment criteria identified in paragraph (b)(4)(iv) below.
    (i) Regions. Regional retention limits for swordfish apply in four 
regions. For purposes of this section, these regions

[[Page 494]]

are: the Florida Swordfish Management Area as defined in Sec. 635.2; 
the Northwest Atlantic region (federal waters along the entire Atlantic 
coast of the United States north of 28 deg.17'10` N. latitude); the Gulf 
of Mexico region (any water located in the EEZ in the entire Gulf of 
Mexico west of 82 deg. W. longitude); and the Caribbean region (the U.S. 
territorial waters within the Caribbean as defined in Sec. 622.2 of 
this chapter).
    (ii) Possession, retention, and landing restrictions. Vessels that 
have been issued a Swordfish General Commercial permit or an HMS 
Charter/Headboat permit (and only when on a non for-hire trip), as a 
condition of these permits, may not possess, retain, or land any more 
swordfish than is specified for the region in which the vessel is 
located.
    (iii) Regional retention limits. The swordfish regional retention 
limits for each region will range between zero to six swordfish per 
vessel per trip. At the start of each fishing year, the default regional 
retention limits will apply. During the fishing year, NMFS may adjust 
the default retention limits per the inseason regional retention limit 
adjustment criteria listed in Sec. 635.24(b)(4)(iv), if necessary. The 
default retention limits for the regions set forth under paragraph 
(b)(4)(i) of this section are:
    (A) Zero swordfish per vessel per trip for the Florida Swordfish 
Management Area.
    (B) Two swordfish per vessel per trip for the Caribbean region.
    (C) Three swordfish per vessel per trip for the Northwest Atlantic 
region.
    (D) Three swordfish per vessel per trip for the Gulf of Mexico 
region.
    (iv) Inseason regional retention limit adjustment criteria. NMFS 
will file with the Office of the Federal Register for publication 
notification of any inseason adjustments to the regional retention 
limits. Before making any inseason adjustments to regional retention 
limits, NMFS will consider the following criteria and other relevant 
factors:
    (A) The usefulness of information obtained from biological sampling 
and monitoring of the North Atlantic swordfish stock;
    (B) The estimated ability of vessels participating in the fishery to 
land the amount of swordfish quota available before the end of the 
fishing year;
    (C) The estimated amounts by which quotas for other categories of 
the fishery might be exceeded;
    (D) Effects of the adjustment on accomplishing the objectives of the 
fishery management plan and its amendments;
    (E) Variations in seasonal distribution, abundance, or migration 
patterns of swordfish;
    (F) Effects of catch rates in one region precluding vessels in 
another region from having a reasonable opportunity to harvest a portion 
of the overall swordfish quota; and
    (G) Review of dealer reports, landing trends, and the availability 
of swordfish on the fishing grounds.
    (c) BAYS tunas. Persons aboard a vessel that has been issued an HMS 
Commercial Caribbean Small Boat permit under Sec. 635.4 may retain, 
possess, land, or sell no more than 10 BAYS tunas per vessel per trip.

[64 FR 29135, May 28, 1999, as amended at 71 FR 58169, Oct. 2, 2006; 72 
FR 31709, June 7, 2007; 73 FR 40709, July 15, 2008; 75 FR 30526, June 1, 
2010; 75 FR 76314, Dec. 8, 2010; 76 FR 49380, Aug. 10, 2011; 76 FR 
53658, Aug. 29, 2011; 77 FR 60637, Oct. 4, 2012; 77 FR 59581, Oct. 1, 
2012; 78 FR 40346, July 3, 2013l 78 FR 52030, Aug. 21, 2013; 80 FR 
50098, Aug. 18, 2015; 80 FR 73145, Nov. 24, 2015; 81 FR 57806, Aug. 24, 
2016]



Sec. 635.25  Fishing areas.

    (a) General. Persons on board fishing vessels subject to the 
jurisdiction of the United States are authorized to fish for, catch, 
retain, or land species governed by an international catch sharing 
agreement implemented under this part only in or from those management 
areas for which the United States has received an allocation.
    (b) Exemptions. Persons and vessels subject to the jurisdiction of 
the United States intending to fish for regulated species in fishing 
areas not otherwise authorized under this part, whether for the purposes 
of scientific research or commercial fishing under a chartering 
arrangement, must have a permit from NMFS issued under Sec. 635.32.
    (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel 
shall fish

[[Page 495]]

for bluefin tuna in, or possess on board that fishing vessel a bluefin 
tuna taken from, the Mediterranean Sea.

[67 FR 70026, Nov. 20, 2002]



Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, a 
person aboard a vessel issued a permit under this part, other than a 
person aboard a vessel permitted in the General category on a designated 
RFD, may fish with rod and reel or handline gear for BFT under a catch-
and-release or tag-and-release program. When fishing under a tag-and-
release program, vessel owner/operators should use tags issued or 
approved by NMFS. If a BFT is tagged, the tag information, including 
information on any previously applied tag remaining on the fish, must be 
reported to NMFS. All BFT caught under the catch-and-release or tag-and-
release programs must be returned to the sea immediately with a minimum 
of injury.
    (2) Persons may obtain NMFS-issued conventional tags, reporting 
cards, and detailed instructions for their use from the NMFS Cooperative 
Tagging Center. Persons may use a conventional tag obtained from a 
source other than NMFS to tag BFT, provided the use of such tags is 
registered each year with the Cooperative Tagging Center and the NMFS 
program manager has approved the use of a conventional tag from that 
source. An angler using an alternative source of tags wishing to tag BFT 
may contact the NMFS Cooperative Tagging Center at the Southeast Fishery 
Science Center.
    (3) An angler registering for the HMS tagging program is required to 
provide his or her name, address, phone number and, if applicable, the 
identity of the alternate source of tags.
    (b) Billfish. NMFS is encouraging further catch and release of 
Atlantic billfish by establishing a recreational catch-and-release 
fishery management program, consistent with the guidance of Sec. 
600.350(c).
    (c) Sharks. Notwithstanding the other provisions of this part, a 
person may fish for white sharks (Carcharodon carcharias) with rod and 
reel, provided the person releases such fish to the sea immediately with 
a minimum of injury, and that such fish may not be removed from the 
water.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 70 
FR 10900, Mar. 7, 2005]



Sec. 635.27  Quotas.

    (a) Bluefin tuna. Consistent with ICCAT recommendations, and with 
paragraph (a)(10)(iv) of this section, NMFS may subtract the most 
recent, complete, and available estimate of dead discards from the 
annual U.S. bluefin tuna quota, and make the remainder available to be 
retained, possessed, or landed by persons and vessels subject to U.S. 
jurisdiction. The remaining baseline annual U.S. bluefin tuna quota will 
be allocated among the General, Angling, Harpoon, Purse Seine, Longline, 
Trap, and Reserve categories, as described in this section. Bluefin tuna 
quotas are specified in whole weight. The baseline annual U.S. bluefin 
tuna quota is 1,058.79 mt, not including an additional annual 25-mt 
allocation provided in paragraph (a)(3) of this section. The bluefin 
quota for the quota categories is calculated through the following 
process. First, 68 mt is subtracted from the baseline annual U.S. 
bluefin tuna quota and allocated to the Longline category quota. Second, 
the remaining quota is divided among the categories according to the 
following percentages: General--47.1 percent (466.7 mt); Angling--19.7 
percent (195.2 mt), which includes the school bluefin tuna held in 
reserve as described under paragraph (a)(7)(ii) of this section; 
Harpoon--3.9 percent (38.6 mt); Purse Seine--18.6 percent (184.3 mt); 
Longline--8.1 percent (80.3 mt) plus the 68-mt allocation (i.e., 148.3 
mt total not including the 25-mt allocation from paragraph (a)(3)); 
Trap--0.1 percent (1.0 mt); and Reserve--2.5 percent (24.8 mt). NMFS may 
make inseason and annual adjustments to quotas as specified in 
paragraphs (a)(9) and (10) of this section, including quota adjustments 
as a result of the annual reallocation of Purse Seine quota described 
under paragraph (a)(4)(v) of this section.
    (1) General category quota. (i) Catches from vessels for which 
General category Atlantic Tunas permits have been issued and certain 
catches from

[[Page 496]]

vessels for which an HMS Charter/Headboat permit has been issued are 
counted against the General category quota in accordance with Sec. 
635.23(c)(3). Pursuant to paragraph (a) of this section, the amount of 
large medium and giant bluefin tuna that may be caught, retained, 
possessed, landed, or sold under the General category quota is 466.7 mt, 
and is apportioned as follows, unless modified as described under 
paragraph (a)(1)(ii) of this section:
    (A) January 1 through the effective date of a closure notice filed 
by NMFS announcing that the January subquota is reached, or projected to 
be reached under Sec. 635.28(a)(1), or through March 31, whichever 
comes first--5.3 percent (24.7 mt);
    (B) June 1 through August 31--50 percent (233.3 mt);
    (C) September 1 through September 30--26.5 percent (123.7 mt);
    (D) October 1 through November 30--13 percent (60.7 mt); and
    (E) December 1 through December 31--5.2 percent (24.3 mt).
    (ii) NMFS may adjust each period's apportionment based on 
overharvest or underharvest in the prior period, and may transfer 
subquota from one time period to another time period, earlier in the 
year, through inseason action or annual specifications. For example, 
subquota could be transferred from the December 1 through December 31 
time period to the January time period; or from the October 1 through 
November 30 time period to the September time period. This inseason 
adjustment may occur prior to the start of that year. In other words, 
although subject to the inseason criteria under paragraph (a)(8) of this 
section, the adjustment could occur prior to the start of the fishing 
year. For example, an inseason action transferring the 2016 December 1 
through December 31 time period subquota to the 2016 January 1 time 
period subquota could be filed in 2015.
    (iii) When the General category fishery has been closed in any quota 
period specified under paragraph (a)(1)(i) of this section, NMFS will 
publish a closure action as specified in Sec. 635.28. The subsequent 
time-period subquota will automatically open in accordance with the 
dates specified under paragraph (a)(1)(i) of this section.
    (2) Angling category quota. In accordance with the framework 
procedures of the Consolidated HMS FMP, prior to each fishing year, or 
as early as feasible, NMFS will establish the Angling category daily 
retention limits. In accordance with paragraph (a) of this section, the 
total amount of bluefin tuna that may be caught, retained, possessed, 
and landed by anglers aboard vessels for which an HMS Angling permit or 
an HMS Charter/Headboat permit has been issued is 195.2 mt. No more than 
2.3 percent (4.5 mt) of the annual Angling category quota may be large 
medium or giant bluefin tuna. In addition, over each two-consecutive-
year period (starting with 2015-2016), no more than 10 percent of the 
annual U.S. bluefin tuna quota, inclusive of the allocation specified in 
paragraph (a)(3) of this section, may be school bluefin tuna (i.e., 
108.4 mt). The Angling category quota includes the amount of school 
bluefin tuna held in reserve under paragraph (a)(7)(ii) of this section. 
The size class subquotas for bluefin tuna are further subdivided as 
follows:
    (i) After adjustment for the school bluefin tuna quota held in 
reserve (under paragraph (a)(7)(ii) of this section), 52.8 percent (46.6 
mt) of the school bluefin tuna Angling category quota may be caught, 
retained, possessed, or landed south of 39 deg.18' N. lat. The remaining 
school bluefin tuna Angling category quota (41.7 mt) may be caught, 
retained, possessed or landed north of 39 deg.18' N. lat.
    (ii) An amount equal to 52.8 percent (43.5 mt) of the large school/
small medium bluefin tuna Angling category quota may be caught, 
retained, possessed, or landed south of 39 deg.18' N. lat. The remaining 
large school/small medium bluefin tuna Angling category quota (38.9 mt) 
may be caught, retained, possessed or landed north of 39 deg.18' N. lat.
    (iii) One third (1.5 mt) of the large medium and giant bluefin tuna 
Angling category quota may be caught retained, possessed, or landed, in 
each of the three following geographic areas: North of 39 deg.18' N. 
lat.; south of 39 deg.18' N. lat., and outside of the Gulf of Mexico;

[[Page 497]]

and in the Gulf of Mexico. For the purposes of this section, the Gulf of 
Mexico region includes all waters of the U.S. EEZ west and north of the 
boundary stipulated at 50 CFR 600.105(c).
    (3) Longline category quota. Pursuant to paragraph (a) of this 
section, the total amount of large medium and giant bluefin tuna that 
may be caught, discarded dead, or retained, possessed, or landed by 
vessels that possess Atlantic Tunas Longline category permits is 148.3 
mt. In addition, 25 mt shall be allocated for incidental catch by 
pelagic longline vessels fishing in the Northeast Distant gear 
restricted area, and subject to the restrictions under Sec. 
635.15(b)(8).
    (4) Purse Seine category quota--(i) Baseline Purse Seine quota. 
Pursuant to paragraph (a) of this section, the baseline amount of large 
medium and giant bluefin tuna that may be caught, retained, possessed, 
or landed by vessels that possess Atlantic Tunas Purse Seine category 
permits is 184.3 mt, unless adjusted as a result of inseason and/or 
annual adjustments to quotas as specified in paragraphs (a)(9) and (10) 
of this section; or adjusted (prior to allocation to individual 
participants) based on the previous year's catch as described under 
paragraph (a)(4)(v) of this section. Annually, NMFS will make a 
determination when the Purse Seine fishery will start, based on 
variations in seasonal distribution, abundance or migration patterns of 
bluefin tuna, cumulative and projected landings in other commercial 
fishing categories, the potential for gear conflicts on the fishing 
grounds, or market impacts due to oversupply. NMFS will start the 
bluefin tuna purse seine season between June 1 and August 15, by filing 
an action with the Office of the Federal Register, and notifying the 
public. The Purse Seine category fishery closes on December 31 of each 
year.
    (ii) Allocation of bluefin quota to Purse Seine category 
participants. Annually, NMFS will make equal allocations of the baseline 
Purse Seine category quota described under paragraph (a)(4)(i) of this 
section to individual Purse Seine participants (i.e., 36.9 mt each), 
then make further determinations regarding the allocations per paragraph 
(a)(4)(v) of this section. Allocations of individual bluefin quota to 
individual Purse Seine participants may only be transferred through 
leasing in accordance with procedures and requirements at Sec. 
635.15(c) and other requirements under this paragraph (a)(4).
    (iii) Duration. Bluefin tuna quota allocation issued under this 
section is valid for the relevant fishing year unless it is revoked, 
suspended, or modified or unless the Atlantic Tunas Purse Seine category 
quota is closed per Sec. 635.28(a).
    (iv) Unused bluefin allocation. Any quota allocation that is unused 
at the end of the fishing year may not be carried forward by a Purse 
Seine participant to the following year, but would remain associated 
with the Purse Seine category as a whole, and subject to the quota 
regulations under Sec. 635.27, including annual quota adjustments.
    (v) Annual reallocation of Atlantic Tunas Purse Seine category 
quota. (A) By the end of each year, NMFS will determine the amount of 
quota available to each Atlantic Tunas Purse Seine category participant 
for the upcoming fishing year, based on his/her bluefin catch (landings 
and dead discards). Specifically, NMFS will allocate each Atlantic Tunas 
Purse Seine category participant either 100 percent, 75 percent, 50 
percent, or 25 percent of his/her individual baseline quota allocation, 
described in paragraph (a)(4)(ii) of this section, according to the 
following criteria: if the Purse Seine participant's catch in year one 
ranges from 0 to 20 percent of his/her individual baseline quota 
allocation, as described under paragraph (a)(4)(ii) of this section, the 
Purse Seine category participant would be allocated 25 percent of his/
her individual baseline quota allocation in year two, and 75 percent of 
his/her individual allocation would be reallocated to the Reserve 
category for that year. Similarly, if the Purse Seine participant's 
catch in year one is from greater than 20 percent up to 45 percent of 
his/her individual baseline quota allocation, that Purse Seine category 
participant would be allocated 50 percent of his/her individual baseline 
quota allocation in year two, and 50 percent of his/her individual 
allocation would be reallocated to the Reserve category for

[[Page 498]]

that year. If the Purse Seine participant's catch in year one is from 
greater than 45 percent up to 70 percent of his/her individual baseline 
quota allocation, that Purse Seine category participant would be 
allocated 75 percent of his/her individual baseline quota allocation in 
year two, and 25 percent of his/her individual allocation would be 
transferred to the Reserve category for that year. If the Purse Seine 
participant's catch in year one is greater than 70 percent of his/her 
individual baseline quota allocation, that Purse Seine category 
participant would be allocated 100 percent of his/her individual 
baseline quota allocation in year two, and no quota would be transferred 
to the Reserve category for that year. These criteria would apply 
following the same pattern in years two and beyond.
    (B) Purse Seine category participants may only lease to eligible IBQ 
participants allocated quota available to them that year, consistent 
with the purse seine allocation availability provisions in this section. 
For example, if a Purse Seine category participant was allocated 50 
percent of his/her baseline quota, he/she would be able to catch and/or 
lease that allocation to an eligible IBQ participant. The individual 
participant's remaining baseline quota would not be available to lease 
but would be transferred to the Reserve category. Allocation of less 
than 100% of a participant's baseline quota (i.e., 25 percent, 50 
percent, or 75 percent) does not preclude the participant from leasing 
additional quota, as needed, consistent with Sec. 635.15(c).
    (C) NMFS will inform each Atlantic Tunas Purse Seine category 
participant annually of its determination regarding the amount of 
individual quota allocated for the subsequent year through the 
electronic IBQ system established under Sec. 635.15 and in writing via 
a permit holder letter, when NMFS has the complete catch data for the 
Purse Seine fishery.
    (5) Harpoon category quota. The total amount of large medium and 
giant bluefin tuna that may be caught, retained, possessed, landed, or 
sold by vessels that possess Harpoon category Atlantic Tunas permits is 
38.6 mt. The Harpoon category fishery commences on June 1 of each year, 
and closes on November 15 of each year.
    (6) Trap category quota. The total amount of large medium and giant 
bluefin tuna that may be caught, retained, possessed, or landed by 
vessels that possess Trap category Atlantic Tunas permits is 1.0 mt.
    (7) Reserve category quota. (i) The total amount of bluefin tuna 
that is held in reserve for inseason or annual adjustments and research 
using quota or subquotas is 24.8 mt, which may be augmented by allowable 
underharvest from the previous year, or annual reallocation of Purse 
Seine category quota as described under paragraph (a)(4)(v) of this 
section. Consistent with paragraphs (a)(8) through (10) of this section, 
NMFS may allocate any portion of the Reserve category quota for inseason 
or annual adjustments to any fishing category quota.
    (ii) The total amount of school bluefin tuna that is held in reserve 
for inseason or annual adjustments and fishery-independent research is 
18.5 percent (20.1 mt) of the total school bluefin tuna Angling category 
quota as described under paragraph (a)(2) of this section. This amount 
is in addition to the amounts specified in paragraph (a)(7)(i) of this 
section. Consistent with paragraph (a)(8) of this section, NMFS may 
allocate any portion of the school bluefin tuna Angling category quota 
held in reserve for inseason or annual adjustments to the Angling 
category.
    (8) Determination criteria. NMFS will file with the Office of the 
Federal Register for publication notification of any inseason or annual 
adjustments. Before making any adjustment, NMFS will consider the 
following criteria and other relevant factors:
    (i) The usefulness of information obtained from catches in the 
particular category for biological sampling and monitoring of the status 
of the stock.
    (ii) The catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no adjustment is 
made.
    (iii) The projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT before 
the end of the fishing year.

[[Page 499]]

    (iv) The estimated amounts by which quotas for other gear categories 
of the fishery might be exceeded.
    (v) Effects of the adjustment on BFT rebuilding and overfishing.
    (vi) Effects of the adjustment on accomplishing the objectives of 
the fishery management plan.
    (vii) Variations in seasonal distribution, abundance, or migration 
patterns of BFT.
    (viii) Effects of catch rates in one area precluding vessels in 
another area from having a reasonable opportunity to harvest a portion 
of the category's quota.
    (ix) Review of dealer reports, daily landing trends, and the 
availability of the BFT on the fishing grounds.
    (x) Optimize fishing opportunity.
    (xi) Account for dead discards.
    (xii) Facilitate quota accounting.
    (xiii) Support other fishing monitoring programs through quota 
allocations and/or generation of revenue.
    (xiv) Support research through quota allocations and/or generation 
of revenue.
    (9) Inseason adjustments. To be effective for all, or a part of a 
fishing year, NMFS may transfer quotas specified under this section, 
among fishing categories or, as appropriate, subcategories, based on the 
criteria in paragraph (a)(8) of this section.
    (10) Annual adjustments. (i) Adjustments to category quotas 
specified under paragraphs (a) (1) through (7) of this section may be 
made in accordance with the restrictions of this paragraph and ICCAT 
recommendations. Based on landing, catch statistics, other available 
information, and in consideration of the criteria in paragraph (a)(8) of 
this section, if NMFS determines that a bluefin quota for any category 
or, as appropriate, subcategory has been exceeded (overharvest), NMFS 
may subtract all or a portion of the overharvest from that quota 
category or subcategory for the following fishing year. If NMFS 
determines that a bluefin quota for any category or, as appropriate, 
subcategory has not been reached (underharvest), NMFS may add all or a 
portion of the underharvest to, that quota category or subcategory, and/
or the Reserve category for the following fishing year. The underharvest 
that is carried forward may not exceed 100 percent of each category's 
baseline allocation specified in paragraph (a) of this section, and the 
total of the adjusted fishing category quotas and the Reserve category 
quota are consistent with ICCAT recommendations. Although quota may be 
carried over for the Longline or Purse Seine categories as a whole (at 
the category level), individual fishery participants that have been 
allocated individual quota may not carry over such quota from one year 
to the next, as specified under Sec. 635.15(b)(6) and (7) for the 
pelagic longline fishery, and under paragraph (a)(4)(iv) of this section 
for the purse seine fishery.
    (ii) NMFS may allocate any quota remaining in the Reserve category 
at the end of a fishing year to any fishing category, provided such 
allocation is consistent with the determination criteria specified in 
paragraph (a)(8) of this section.
    (iii) Regardless of the estimated landings in any year, NMFS may 
adjust the annual school bluefin quota to ensure that the average take 
of school bluefin over each ICCAT-recommended balancing period does not 
exceed 10 percent by weight of the total annual U.S. bluefin quota, 
inclusive of the allocation specified in paragraph (a)(3) of this 
section (NED), for that period, consistent with ICCAT recommendations.
    (iv) NMFS may subtract the best available estimate of dead discards 
from the amount of BFT that can be landed in the subsequent fishing year 
by those categories accounting for the dead discards.
    (v) NMFS will file any annual adjustment with the Office of the 
Federal Register for publication and specify the basis for any quota 
reductions or increases made pursuant to this paragraph (a)(10).
    (b) Sharks--(1) Commercial quotas. The commercial quotas for sharks 
specified in this section apply to all sharks harvested from the 
management unit, regardless of where harvested. Sharks caught and landed 
commercially from state waters, even by fishermen without Federal shark 
permits, must be

[[Page 500]]

counted against the appropriate commercial quota. Any of the base quotas 
listed below, including regional and/or sub-regional base quotas, may be 
adjusted per paragraph (b)(2) of this section. Any sharks landed 
commercially as ``unclassified'' will be counted against the appropriate 
quota based on the species composition calculated from data collected by 
observers on non-research trips and/or dealer data. No prohibited 
sharks, including parts or pieces of prohibited sharks, which are listed 
under heading D of Table 1 of appendix A to this part, may be retained 
except as authorized under Sec. 635.32. For the purposes of this 
section, the boundary between the Gulf of Mexico region and the Atlantic 
region is defined as a line beginning on the east coast of Florida at 
the mainland at 25 deg.20.4' N. lat., proceeding due east. Any water and 
land to the south and west of that boundary is considered, for the 
purposes of quota monitoring and setting of quotas, to be within the 
Gulf of Mexico region. Any water and land to the north and east of that 
boundary, for the purposes of quota monitoring and setting of quotas, is 
considered to be within the Atlantic region.
    (i) Commercial quotas that apply only in the Atlantic Region. The 
commercial quotas specified in this paragraph (b)(1)(i) apply only to 
those species of sharks and management groups within the management unit 
that were harvested in the Atlantic region, as defined in paragraph 
(b)(1) of this section.
    (A) Atlantic aggregated LCS. The base annual commercial quota for 
Atlantic aggregated LCS is 168.9 mt dw.
    (B) Atlantic hammerhead sharks. The regional base annual commercial 
quota for hammerhead sharks caught in the Atlantic region is 27.1 mt dw 
(51.7% of the overall base quota established in paragraph (b)(1)(iii) of 
this section).
    (C) Atlantic non-blacknose SCS. The base annual commercial quota for 
Atlantic non-blacknose SCS is 264.1 mt dw.
    (D) Atlantic blacknose sharks. The base annual commercial quota for 
Atlantic blacknose sharks is 17.2 mt dw. Blacknose sharks may only be 
harvested for commercial purposes in the Atlantic region south of 
34 deg.00' N. lat. The harvest of blacknose sharks by persons aboard a 
vessel that has been issued or should have been issued a shark LAP and 
that is operating north of 34 deg.00' N. lat. is prohibited.
    (E) Atlantic smoothhound sharks. The base annual commercial quota 
for Atlantic smoothhound sharks is 1,201.7 mt dw.
    (ii) Commercial quotas that apply only in the Gulf of Mexico Region. 
The commercial quotas specified in this paragraph (b)(1)(ii) apply only 
to those species of sharks and management groups within the management 
unit that were harvested in the Gulf of Mexico region, as defined in 
paragraph (b)(1) of this section. The Gulf of Mexico region is further 
split into western and eastern Gulf of Mexico sub-regions by a boundary 
that is drawn along 88 deg.00' W. long. All sharks harvested within the 
Gulf of Mexico region in fishing catch areas in waters westward of 
88 deg.00' W. long. are considered to be from the western Gulf of Mexico 
sub-region, and all sharks harvested within the Gulf of Mexico region in 
fishing catch areas in waters east of 88 deg.00' W. long., including 
within the Caribbean Sea, are considered to be from the eastern Gulf of 
Mexico sub-region.
    (A) Gulf of Mexico aggregated LCS. The base annual commercial quota 
for Gulf of Mexico aggregated LCS is 157.5 mt dw. The eastern Gulf of 
Mexico sub-region base quota is 85.5 mt dw (54.3% of the Gulf of Mexico 
region base quota) and the western Gulf of Mexico sub-region base quota 
is 72.0 mt dw (45.7% of the Gulf of Mexico region base quota).
    (B) Gulf of Mexico hammerhead sharks. The regional base annual 
commercial quota for hammerhead sharks caught in the Gulf of Mexico 
region is 25.3 mt dw (48.3% of the overall base quota established in 
paragraph (b)(1)(iii) of this section). The eastern Gulf of Mexico sub-
region base quota is 13.4 mt dw (52.8% of this regional base quota) and 
the western Gulf of Mexico sub-region base quota is 11.9 mt dw (47.2% of 
this regional base quota).
    (C) Gulf of Mexico blacktip sharks. The base annual commercial quota 
for Gulf of Mexico blacktip sharks is 256.6 mt dw. The eastern Gulf of 
Mexico sub-region base quota is 25.1 mt dw (9.8% of the Gulf of Mexico 
region base quota)

[[Page 501]]

and the western Gulf of Mexico sub-region base quota is 231.5 mt dw 
(90.2% of the Gulf of Mexico region base quota).
    (D) Gulf of Mexico non-blacknose SCS. The base annual commercial 
quota for Gulf of Mexico non-blacknose SCS is 112.6 mt dw. This base 
quota is not split between the eastern and western Gulf of Mexico sub-
regions.
    (E) Gulf of Mexico blacknose sharks. The base annual commercial 
quota for Gulf of Mexico blacknose sharks is 0.0 mt dw. The harvest of 
blacknose sharks by persons aboard a vessel that has been issued or 
should have been issued a shark LAP and that is operating in the Gulf of 
Mexico region is prohibited.
    (F) Gulf of Mexico smoothhound sharks. The base annual commercial 
quota for Gulf of Mexico smoothhound sharks is 336.4 mt dw.
    (iii) Commercial quotas that apply in all regions. The commercial 
quotas specified in this section apply to any sharks or management 
groups within the management unit that were harvested in either the 
Atlantic or Gulf of Mexico regions.
    (A) Sandbar sharks. The base annual commercial quota for sandbar 
sharks is 90.7 mt dw. This quota, as adjusted per paragraph (b)(2) of 
this section, is available only to the owners of commercial shark 
vessels that have been issued a valid shark research permit and that 
have a NMFS-approved observer onboard.
    (B) Research LCS. The base annual commercial quota for Research LCS 
is 50 mt dw. This quota, as adjusted per paragraph (b)(2) of this 
section, is available only to the owners of commercial shark vessels 
that have been issued a valid shark research permit and that have a 
NMFS-approved observer onboard.
    (C) Hammerhead sharks. The overall base annual commercial quota for 
hammerhead sharks is 52.4 mt dw. This overall base quota is further 
split for management purposes between the regions defined in paragraphs 
(b)(1)(i) and (ii) of this section.
    (D) Pelagic sharks. The base annual commercial quotas for pelagic 
sharks are 273.0 mt dw for blue sharks, 1.7 mt dw for porbeagle sharks, 
and 488.0 mt dw for pelagic sharks other than blue sharks or porbeagle 
sharks.
    (2) Annual and inseason adjustments of commercial quotas. NMFS will 
publish in the Federal Register any annual or inseason adjustments to 
the base annual commercial overall, regional, or sub-regional quotas. No 
quota will be available, and the fishery will not open, until any 
adjustments are published in the Federal Register and effective. Within 
a fishing year or at the start of a fishing year, NMFS may transfer 
quotas between regions and sub-regions of the same species or management 
group, as appropriate, based on the criteria in paragraph (b)(2)(iii) of 
this section.
    (i) Annual overharvest adjustments--(A) Adjustments of annual 
overall and regional base quotas. Except as noted in this section, if 
any of the available commercial base or adjusted overall quotas or 
regional quotas, as described in this section, is exceeded in any 
fishing year, NMFS will deduct an amount equivalent to the 
overharvest(s) from the base overall or regional quota the following 
fishing year or, depending on the level of overharvest(s), NMFS may 
deduct from the overall or regional base quota an amount equivalent to 
the overharvest(s) spread over a number of subsequent fishing years to a 
maximum of five years. If the blue shark quota is exceeded, NMFS will 
reduce the annual commercial quota for pelagic sharks by the amount that 
the blue shark quota is exceeded prior to the start of the next fishing 
year or, depending on the level of overharvest(s), deduct an amount 
equivalent to the overharvest(s) spread over a number of subsequent 
fishing years to a maximum of five years.
    (B) Adjustments to sub-regional quotas. If a sub-regional quota is 
exceeded but the regional quota is not, NMFS will not reduce the annual 
regional base quota the following year and sub-regional quotas will be 
determined as specified in paragraph (b)(1) of this section. If both a 
sub-regional quota(s) and the regional quota are exceeded, for each sub-
region in which an overharvest occurred, NMFS will deduct an amount 
equivalent to that sub-region's overharvest from that sub-region's

[[Page 502]]

quota the following fishing year or, depending on the level of 
overharvest, NMFS may deduct from that sub-region's base quota an amount 
equivalent to the overharvest spread over a number of subsequent fishing 
years to a maximum of five years.
    (C) Adjustments to quotas when the species or management group is 
split into regions or sub-regions for management purposes and not as a 
result of a stock assessment. If a regional quota for a species that is 
split into regions for management purposes only is exceeded but the 
overall quota is not, NMFS will not reduce the overall base quota for 
that species or management group the following year and the regional 
quota will be determined as specified in paragraph (b)(1) of this 
section. If both a regional quota(s) and the overall quota is exceeded, 
for each region in which an overharvest occurred, NMFS will deduct an 
amount equivalent to that region's overharvest from that region's quota 
the following fishing year or, depending on the level of overharvest(s), 
NMFS may deduct from that region's base quota an amount equivalent to 
the overharvest spread over a number of subsequent fishing years to a 
maximum of five years. If a sub-regional quota of a species or 
management group that is split into regions for management purposes only 
is exceeded, NMFS will follow the procedures specified in paragraph 
(b)(2)(i)(B) of this section.
    (ii) Annual underharvest adjustments. Except as noted in this 
paragraph (b)(2)(ii), if any of the annual base or adjusted quotas, 
including regional quotas, as described in this section is not 
harvested, NMFS may adjust the annual base quota, including regional 
quotas, depending on the status of the stock or management group. If a 
species or a specific species within a management group is declared to 
be overfished, to have overfishing occurring, or to have an unknown 
status, NMFS may not adjust the following fishing year's base quota, 
including regional quota, for any underharvest, and the following 
fishing year's quota will be equal to the base annual quota. If the 
species or all species in a management group is not declared to be 
overfished, to have overfishing occurring, or to have an unknown status, 
NMFS may increase the following year's base annual quota, including 
regional quota, by an equivalent amount of the underharvest up to 50 
percent above the base annual quota. Except as noted in paragraph 
(b)(2)(iii) of this section, underharvests are not transferable between 
regions, species, and/or management groups.
    (iii) Determination criteria for inseason and annual quota transfers 
between regions and sub-regions. Inseason or annual quota transfers of 
quotas between regions or sub-regions may be conducted only for species 
or management groups where the species are the same between regions or 
sub-regions and the quota is split between regions or sub-regions for 
management purposes and not as a result of a stock assessment. Before 
making any inseason or annual quota transfer between regions or sub-
regions, NMFS will consider the following criteria and other relevant 
factors:
    (A) The usefulness of information obtained from catches in the 
particular management group for biological sampling and monitoring of 
the status of the respective shark species and/or management group;
    (B) The catches of the particular species and/or management group 
quota to date and the likelihood of closure of that segment of the 
fishery if no adjustment is made;
    (C) The projected ability of the vessels fishing under the 
particular species and/or management group quota to harvest the 
additional amount of corresponding quota before the end of the fishing 
year;
    (D) Effects of the adjustment on the status of all shark species;
    (E) Effects of the adjustment on accomplishing the objectives of the 
fishery management plan;
    (F) Variations in seasonal distribution, abundance, or migration 
patterns of the appropriate shark species and/or management group;
    (G) Effects of catch rates in one area precluding vessels in another 
area from having a reasonable opportunity to harvest a portion of the 
quota; and/or
    (H) Review of dealer reports, daily landing trends, and the 
availability of the respective shark species and/or

[[Page 503]]

management group on the fishing grounds.
    (3) Opening commercial fishing season criteria. NMFS will file with 
the Office of the Federal Register for publication notification of the 
opening dates of the overall, regional, and sub-regional shark fisheries 
for each species and management group. Before making any decisions, NMFS 
would consider the following criteria and other relevant factors in 
establishing the opening dates:
    (i) The available annual quotas for the current fishing season for 
the different species/management groups based on any over- and/or 
underharvests experienced during the previous commercial shark fishing 
seasons;
    (ii) Estimated season length based on available quota(s) and average 
weekly catch rates of different species and/or management group from the 
previous years;
    (iii) Length of the season for the different species and/or 
management group in the previous years and whether fishermen were able 
to participate in the fishery in those years;
    (iv) Variations in seasonal distribution, abundance, or migratory 
patterns of the different species/management groups based on scientific 
and fishery information;
    (v) Effects of catch rates in one part of a region precluding 
vessels in another part of that region from having a reasonable 
opportunity to harvest a portion of the different species and/or 
management quotas;
    (vi) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments; and/or,
    (vii) Effects of a delayed opening with regard to fishing 
opportunities in other fisheries.
    (4) Public display and non-specific research quotas. All sharks 
collected under the authority of a display permit or EFP, subject to 
restrictions at Sec. 635.32, will be counted against the following:
    (i) The base annual quota for persons who collect LCS other than 
sandbar, SCS, pelagic sharks, blue sharks, porbeagle sharks, or 
prohibited species under a display permit or EFP is 57.2 mt ww (41.2 mt 
dw).
    (ii) The base annual quota for persons who collect sandbar sharks 
under a display permit is 1.4 mt ww (1.0 mt dw) and under an EFP is 1.4 
mt ww (1.0 mt dw).
    (iii) No persons may collect dusky sharks under a display permit. 
Collection of dusky sharks for research under EFPs and/or SRPs may be 
considered on a case-by-case basis and any associated mortality would be 
deducted from the shark research and display quota.
    (iv) The base annual quota for persons who collect smoothhound 
sharks under a display permit or EFP is 6 mt ww (4.3 mt dw).
    (c) Swordfish--(1) Categories. Consistent with ICCAT 
recommendations, the fishing year's total amount of swordfish that may 
be caught, retained, possessed, or landed by persons and vessels subject 
to U.S. jurisdiction is divided into quotas for the North Atlantic 
swordfish stock and the South Atlantic swordfish stock. The quota for 
the North Atlantic swordfish stock is further divided into equal semi-
annual directed fishery quotas, an annual incidental catch quota for 
fishermen targeting other species or taking swordfish recreationally, 
and a reserve category.
    (i) North Atlantic swordfish. (A) A swordfish from the North 
Atlantic stock caught prior to the directed fishery closure by a vessel 
for which a directed swordfish limited access permit, a swordfish 
handgear limited access permit, a HMS Commercial Caribbean Small Boat 
permit, a Swordfish General Commercial open access permit, or an HMS 
Charter/Headboat permit (and only when on a non for-hire trip) has been 
issued or is required to have been issued is counted against the 
directed fishery quota. The total baseline annual fishery quota, before 
any adjustments, is 2,937.6 mt dw for each fishing year. Consistent with 
applicable ICCAT recommendations, a portion of the total baseline annual 
fishery quota may be used for transfers to another ICCAT contracting 
party. The annual directed category quota is calculated by adjusting for 
over- or under harvests, dead discards, any applicable transfers, the 
incidental category quota, the reserve quota and other adjustments as 
needed, and is subdivided

[[Page 504]]

into two equal semi-annual periods: one for January 1 through June 30, 
and the other for July 1 through December 31.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental swordfish limited access permit, an 
incidental HMS Squid Trawl permit, an HMS Angling permit, or an HMS 
Charter/Headboat permit (and only when on a for-hire trip) has been 
issued, or a swordfish from the North Atlantic stock caught after the 
effective date of a closure of the directed fishery from a vessel for 
which a swordfish directed limited access permit, a swordfish handgear 
limited access permit, a HMS Commercial Caribbean Small Boat permit, a 
Swordfish General Commercial open access permit, or an HMS Charter/
Headboat permit (when on a non for-hire trip) has been issued, is 
counted against the incidental category quota. The annual incidental 
category quota is 300 mt dw for each fishing year.
    (C) All swordfish discarded dead from U.S. fishing vessels, 
regardless of whether such vessels are permitted under this part, shall 
be counted against the annual directed fishing quota.
    (D) Fifty (50) mt of the annual fishery quota of North Atlantic 
swordfish may be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery research, or for other purposes consistent with 
management objectives.
    (E) In the event of an overharvest of South Atlantic swordfish, up 
to 150.4 mt dw of swordfish landed between 5 degrees North and 5 degrees 
South latitude may be applied against the North Atlantic swordfish 
quota. Otherwise, swordfish landed from this area shall be applied 
against the South Atlantic swordfish quota. For example, if the South 
Atlantic swordfish quota were 100 mt dw, and 50 mt dw were landed 
between 5 degrees North and 5 degrees South latitude, and 75 mt dw were 
caught south of 5 degrees South latitude, then 25 mt dw of the swordfish 
caught between 5 degrees North and 5 degrees South latitude would be 
applied against the North Atlantic swordfish quota. If only 25 mt dw of 
swordfish were caught between 5 degrees North and 5 degrees South 
latitude, and 150 mt dw of swordfish were caught south of 5 degrees 
South latitude, 25 mt dw would be applied against the North Atlantic 
swordfish quota. The remaining 50 mt dw overharvest would be counted 
against the following year's South Atlantic swordfish quota.
    (ii) South Atlantic Swordfish. The annual directed fishery quota for 
the South Atlantic swordfish stock is 75.2 mt dw. After December 31, 
2007, the annual quota is subdivided into two equal semi-annual quotas 
of 37.6 mt dw: one for January 1 through June 30, and the other for July 
1 through December 31. The entire quota for the South Atlantic swordfish 
stock is reserved for vessels with pelagic longline gear onboard and 
that have been issued a directed fishery permit for swordfish. No person 
may retain swordfish caught incidental to other fishing activities or 
with other fishing gear in the Atlantic Ocean south of 5 degrees North 
latitude.
    (2) Inseason adjustments. (i) NMFS may adjust the July 1 through 
December 31 semiannual directed fishery quota or, as applicable, the 
reserve category, to reflect actual directed fishery and incidental 
fishing category catches during the January 1 through June 30 semiannual 
period.
    (ii) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, excess quota may be 
allocated to the directed fishery quota or to the reserve, as necessary. 
If NMFS determines that the annual directed catch quota will not be 
taken before the end of the fishing year, some of the excess quota may 
be allocated to the incidental fishery quota or to the reserve, as 
necessary.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota or the reserve as necessary to maintain 
landings and discards within the required annual limits.
    (iv) NMFS will file with the Office of the Federal Register for 
publication

[[Page 505]]

any inseason swordfish quota adjustment and its apportionment to fishing 
categories or to the reserve made under paragraph (c)(2) of this 
section.
    (3) Annual adjustments. NMFS will file with the Office of the 
Federal Register for publication notice of the following adjustments to 
or apportionments of the annual quota:
    (i) Adjustments to the quota necessary to meet the objectives of the 
Consolidated Highly Migratory Species Fishery Management Plan consistent 
with the quota provisions of paragraph (c)(1) of this section.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota for that area. As necessary to meet management 
objectives, such adjustments may be apportioned to fishing categories 
and/or to the reserve. Carryover adjustments for the North Atlantic 
shall be limited to 15 percent of the annual baseline quota allocation. 
Carryover adjustments for the South Atlantic shall be limited to 100 mt 
ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota 
will be apportioned equally between the two semiannual fishing seasons.
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section will be subtracted from the landings quota in the following 
fishing year or from the reserve category.
    (d) Atlantic blue and white marlin. (1) Effective January 1, 2007, 
and consistent with ICCAT recommendations and domestic management 
objectives, NMFS will establish the annual landings limit of Atlantic 
blue and white marlin to be taken, retained, or possessed by persons and 
vessels subject to U.S. jurisdiction. For the year 2007 and thereafter, 
unless adjusted under paragraph (d)(2) of this section or by ICCAT 
recommendation, this annual landings limit is 250 Atlantic blue and 
white marlin, combined. Effective January 1, 2011, annual landings of 
roundscale spearfish are also included to the blue and white marlin 
annual landings limit. Should the U.S. recreational Atlantic marlin 
landing limit be adjusted by an ICCAT recommendation, NMFS will file a 
notice identifying the new landing limit with the Office of the Federal 
Register for publication prior to the start of the next fishing year or 
as early as possible.
    (2) Consistent with ICCAT recommendations and domestic management 
objectives, and based on landings statistics and other information as 
appropriate, if NMFS determines that aggregate landings of Atlantic blue 
marlin, white marlin, and roundscale spearfish exceeded the annual 
landings limit for a given fishing year, as established in paragraph 
(d)(1) of this section, NMFS will subtract any overharvest from the 
landings limit for the following fishing year. Additionally, if NMFS 
determines that aggregate landings of Atlantic blue marlin, white 
marlin, and roundscale spearfish were below the annual landings limit 
for a given fishing year, as established in paragraph (d)(1) of this 
section, NMFS may add any underharvest, or portion thereof, to the 
landings limit for the following fishing year. Such adjustments to the 
annual recreational marlin landings limit, as specified in paragraph 
(d)(1) of this section, if necessary, will be filed with the Office of 
the Federal Register for publication prior to the start of the next 
fishing year or as early as possible.
    (3) When the annual marlin landings limit specified in paragraph 
(d)(1) or, if adjusted, as specified in paragraph (d)(2) of this section 
is reached or projected to be reached, based upon a review of landings, 
the period of time remaining in the current fishing year, current and 
historical landings trends, and any other relevant factors, NMFS will 
file for publication with the Office of the Federal Register and action 
restricting fishing for Atlantic blue marlin, white marlin, and 
roundscale spearfish to catch-and-release fishing only. In no case shall 
such adjustment be effective less than 14 calendar days after the date 
of publication. From the effective date and time of such action until 
additional landings become available, no blue marlin, white marlin, or 
roundscale spearfish from the management unit may be taken, retained, or 
possessed.

[[Page 506]]

    (e) Northern albacore tuna--(1) Annual quota. Consistent with ICCAT 
recommendations and domestic management objectives, the total baseline 
annual fishery quota is 527 mt ww. The total quota, after any 
adjustments made per paragraph (e)(2) of this section, is the fishing 
year's total amount of northern albacore tuna that may be landed by 
persons and vessels subject to U.S. jurisdiction.
    (2) Annual adjustments. Consistent with ICCAT recommendations and 
domestic management objectives, and based on landings statistics and 
other information as appropriate, if for a particular year the total 
landings are above or below the annual quota for that year, the 
difference between the annual quota and the landings will be subtracted 
from, or added to, the following year's quota, respectively, or 
subtracted or added through a delayed, or multi-year adjustment. 
Carryover adjustments shall be limited to 25 percent of the baseline 
quota allocation for that year. NMFS will file with the Office of the 
Federal Register for publication any adjustment or apportionment made 
under this paragraph (e)(2).

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.27, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.28  Fishery closures.

    (a) Bluefin tuna. (1) When a bluefin tuna quota specified in Sec. 
635.27(a), is reached, or is projected to be reached, NMFS will file a 
closure action with the Office of the Federal Register for publication. 
On and after the effective date and time of such action, for the 
remainder of the fishing year or for a specified period as indicated in 
the notice, fishing for, retaining, possessing, or landing bluefin tuna 
under that quota is prohibited until the opening of the subsequent quota 
period or until such date as specified in the notice.
    (2) If NMFS determines that variations in seasonal distribution, 
abundance, or migration patterns of bluefin, or the catch rate in one 
area, precludes participants in another area from a reasonable 
opportunity to harvest any allocated domestic category quota, as stated 
in Sec. 635.27(a), NMFS may close all or part of the fishery under that 
category. NMFS may reopen the fishery at a later date if NMFS determines 
that reasonable fishing opportunities are available, e.g., bluefin have 
migrated into the area or weather is conducive for fishing. In 
determining the need for any such interim closure or area closure, NMFS 
will also take into consideration the criteria specified in Sec. 
635.27(a)(8).
    (3) When the Atlantic Tunas Longline category quota is reached, 
projected to be reached, or exceeded, or when there is high uncertainty 
regarding the estimated or documented levels of bluefin tuna catch, NMFS 
will file a closure action with the Office of the Federal Register for 
publication. On and after the effective date and time of such action, 
for the remainder of the fishing year or for a specified period as 
indicated in the closure action, vessels that have been issued or are 
required to have a limited access permit under Sec. 635.4 and that have 
pelagic longline gear onboard are prohibited from leaving port, 
regardless of the amount of bluefin tuna quota allocation remaining to 
each vessel or the amount of fishery quota remaining for other species. 
In addition to providing notice in the Federal Register, NMFS will also 
notify vessels of any closures and their timing via VMS and may use 
other electronic methods, such as email. Vessels would be required to 
return to port prior to the closure date/time. When considering whether 
to close or reopen the Longline category quota, NMFS may consider the 
following factors:
    (i) Total estimated bluefin tuna catch (landings and dead discards) 
in relation to the quota;
    (ii) The estimated amount by which the bluefin tuna quota might be 
exceeded;
    (iii) The usefulness of data relevant to monitoring the quota;
    (iv) The uncertainty in the documented or estimated dead discards or 
landings of bluefin tuna;
    (v) The amount of bluefin tuna landings or dead discards within a 
short time;
    (vi) The effects of continued fishing on bluefin tuna rebuilding and 
overfishing;

[[Page 507]]

    (vii) The provision of reasonable opportunity for pelagic longline 
vessels to pursue the target species;
    (viii) The variations in seasonal distribution, abundance or 
migration patterns of bluefin tuna; and
    (viii) Other relevant factors.
    (b) Sharks. (1) A shark fishery that meets any of the following 
circumstances is closed and subject to the requirements of paragraph 
(b)(6) of this section:
    (i) No overall, regional, and/or sub-regional quota, as applicable, 
is specified at Sec. 635.27(b)(1);
    (ii) The overall, regional, and/or sub-regional quota, as 
applicable, specified at Sec. 635.27(b)(1) is zero;
    (iii) After accounting for overharvests as specified at Sec. 
635.27(b)(2), the overall, regional, and/or sub-regional quota, as 
applicable, is determined to be zero or close to zero and NMFS has 
closed the fishery by publication of a notice in the Federal Register;
    (iv) The species is a prohibited species as listed under Table 1 of 
appendix A of this part; or
    (v) Landings of the species and/or management group meet the 
requirements specified in Sec. 635.28(b)(2) through (5) and NMFS has 
closed the fishery by publication of a notice in the Federal Register.
    (2) Non-linked quotas. If the overall, regional, and/or sub-regional 
quota of a species or management group is not linked to another species 
or management group and that overall, regional, and/or sub-regional 
quota is available as specified by a publication in the Federal 
Register, then that overall, regional, and/or sub-regional commercial 
fishery for the shark species or management group will open as specified 
in Sec. 635.27(b). When NMFS calculates that the overall, regional, 
and/or sub-regional landings for a shark species and/or management 
group, as specified in Sec. 635.27(b)(1), has reached or is projected 
to reach 80 percent of the available overall, regional, and/or sub-
regional quota as specified in Sec. 635.27(b)(1), NMFS will file for 
publication with the Office of the Federal Register a notice of an 
overall, regional, and/or sub-regional closure, as applicable, for that 
shark species and/or shark management group that will be effective no 
fewer than 5 days from date of filing. From the effective date and time 
of the closure until NMFS announces, via the publication of a notice in 
the Federal Register, that additional overall, regional, and/or sub-
regional quota is available and the season is reopened, the overall, 
regional, and/or sub-regional fisheries for that shark species or 
management group are closed, even across fishing years.
    (3) Linked quotas. As specified in paragraph (b)(4) of this section, 
the overall, regional, and/or sub-regional quotas of some shark species 
and/or management groups are linked to the overall, regional, and/or 
sub-regional quotas of other shark species and/or management groups. For 
each pair of linked species and/or management groups, if the overall, 
regional, and/or sub-regional quota specified in Sec. 635.27(b)(1) is 
available for both of the linked species and/or management groups as 
specified by a publication in the Federal Register, then the overall, 
regional, and/or sub-regional commercial fishery for both of the linked 
species and/or management groups will open as specified in Sec. 
635.27(b)(1). When NMFS calculates that the overall, regional, and/or 
sub-regional landings for any species and/or management group of a 
linked group has reached or is projected to reach 80 percent of the 
available overall, regional, and/or sub-regional quota as specified in 
Sec. 635.27(b)(1), NMFS will file for publication with the Office of 
the Federal Register a notice of an overall, regional, and/or sub-
regional closure for all of the species and/or management groups in that 
linked group that will be effective no fewer than 5 days from date of 
filing. From the effective date and time of the closure until NMFS 
announces, via the publication of a notice in the Federal Register, that 
additional overall, regional, and/or sub-regional quota is available and 
the season is reopened, the overall, regional, and/or sub-regional 
fishery for all species and/or management groups in that linked group is 
closed, even across fishing years.
    (4) The quotas of the following species and/or management groups are 
linked:

[[Page 508]]

    (i) Atlantic hammerhead sharks and Atlantic aggregated LCS.
    (ii) Eastern Gulf of Mexico hammerhead sharks and eastern Gulf of 
Mexico aggregated LCS.
    (iii) Western Gulf of Mexico hammerhead sharks and western Gulf of 
Mexico aggregated LCS.
    (iv) Atlantic blacknose sharks and Atlantic non-blacknose SCS south 
of 34 deg.00' N. lat.
    (5) NMFS may close the regional or sub-regional Gulf of Mexico 
blacktip shark management group(s) before landings reach, or are 
expected to reach, 80 percent of the quota, after considering the 
following criteria and other relevant factors:
    (i) Estimated Gulf of Mexico blacktip shark season length based on 
available sub-regional quotas and average sub-regional weekly catch 
rates during the current fishing year and from previous years;
    (ii) Variations in regional and/or sub-regional seasonal 
distribution, abundance, or migratory patterns of blacktip sharks, 
hammerhead sharks, and aggregated LCS based on scientific and fishery 
information;
    (iii) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments;
    (iv) The amount of remaining shark quotas in the relevant sub-
regions, to date, based on dealer or other reports; and,
    (v) The regional and/or sub-regional catch rates of the relevant 
shark species or management group(s), to date, based on dealer or other 
reports.
    (6) When the overall, regional, and/or sub-regional fishery for a 
shark species and/or management group is closed, a fishing vessel, 
issued a Federal Atlantic commercial shark permit pursuant to Sec. 
635.4, may not possess, retain, land, or sell a shark of that species 
and/or management group that was caught within the closed region or sub-
region, except under the conditions specified in Sec. 635.22(a) and (c) 
or if the vessel possesses a valid shark research permit under Sec. 
635.32, a NMFS-approved observer is onboard, and the sandbar and/or 
Research LCS fishery, as applicable, is open. A shark dealer, issued a 
permit pursuant to Sec. 635.4, may not purchase or receive a shark of 
that species and/or management group that was caught within the closed 
region or sub-region from a vessel issued a Federal Atlantic commercial 
shark permit, except that a permitted shark dealer or processor may 
possess sharks that were caught in the closed region or sub-region that 
were harvested, off-loaded, and sold, traded, or bartered, prior to the 
effective date of the closure and were held in storage. Under a closure 
for a shark species or management group, a shark dealer, issued a permit 
pursuant to Sec. 635.4 may, in accordance with State regulations, 
purchase or receive a shark of that species or management group if the 
shark was harvested, off-loaded, and sold, traded, or bartered from a 
vessel that fishes only in State waters and that has not been issued a 
Federal Atlantic commercial shark permit, HMS Angling permit, or HMS 
Charter/Headboat permit pursuant to Sec. 635.4. Additionally, under an 
overall, a regional, or a sub-regional closure for a shark species and/
or management group, a shark dealer, issued a permit pursuant to Sec. 
635.4, may purchase or receive a shark of that species group if the 
sandbar or Research LCS fishery, as applicable, is open and the shark 
was harvested, off-loaded, and sold, traded, or bartered from a vessel 
issued a valid shark research permit (per Sec. 635.32) that had a NMFS-
approved observer on board during the trip the shark was collected.
    (7) If the Atlantic Tunas Longline category quota is closed as 
specified in paragraph (a)(4) of this section, vessels that have pelagic 
longline gear on board cannot possess, retain, land, or sell sharks.
    (c) Swordfish--(1) Directed fishery closure. When the annual or 
semiannual directed fishery quota specified in Sec. 635.27(c)(1)(i) or 
(ii) is reached, or is projected to be reached, NMFS will file with the 
Office of the Federal Register for publication notification of closure 
at least 14 days before the effective date. From the effective date and 
time of the closure until additional directed fishery quota becomes 
available, the directed fishery for the appropriate stock is closed and 
the following catch limits apply:

[[Page 509]]

    (i) When the directed fishery for the North Atlantic swordfish stock 
is closed,
    (A) No more than 15 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel using or having on board a pelagic longline, 
or issued an Incidental HMS squid trawl permit. However, North Atlantic 
swordfish legally taken prior to the effective date of the closure may 
be possessed in the Atlantic Ocean north of 5 N. lat. or landed in an 
Atlantic coastal state on a vessel with a pelagic longline on board, 
provided the harvesting vessel does no fishing after the closure in the 
Atlantic Ocean north of 5 N. lat., and reports positions with a vessel 
monitoring system, as specified in Sec. 635.69. Additionally, legally 
taken swordfish from the South Atlantic swordfish stock may be possessed 
or landed north of 5 N. lat. provided the harvesting vessel does no 
fishing on that trip north of 5 N. lat., and reports positions with a 
vessel monitoring system as specified in Sec. 635.69. NMFS may adjust 
the incidental catch retention limit by filing with the Office of the 
Federal Register for publication notification of the change at least 14 
days before the effective date. Changes in the incidental catch limits 
will be based upon the length of the directed fishery closure and the 
estimated rate of catch by vessels fishing under the incidental catch 
quota.
    (B) No more than 2 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel that has been issued a handgear permit under 
Sec. 635.4(f)(1) provided that such swordfish were not taken with a 
harpoon.
    (C) No swordfish may be possessed, landed, or sold by vessels issued 
a Swordfish General Commercial open access permit.
    (D) No swordfish may be sold by vessels issued an HMS Charter/
Headboat permit
    (ii) When the directed fishery for the South Atlantic swordfish 
stock is closed, swordfish from that stock taken incidental to fishing 
for other species may not be retained.
    (2) Incidental catch closure. When the annual incidental catch quota 
specified in Sec. 635.27(c)(1)(i) is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. From the effective date and time of 
such notification until additional incidental catch quota becomes 
available, no swordfish may be landed in an Atlantic coastal state, or 
be possessed or sold in or from the Atlantic Ocean north of 5 deg. N. 
lat. unless the directed fishery is open and the appropriate permits 
have been issued to the vessel. In the event of a directed and 
incidental North Atlantic swordfish category closure, South Atlantic 
swordfish may be possessed in the Atlantic Ocean north of 5 deg. N. lat. 
and/or landed in an Atlantic coastal state on a vessel with longline 
gear onboard, provided that the harvesting vessel does not fish on that 
trip in the Atlantic Ocean north of 5 deg. N. lat., the fish were taken 
legally from waters of the Atlantic Ocean south of 5 deg. N. lat., and 
the harvesting vessel reports positions with a vessel monitoring system 
as specified in Sec. 635.69.
    (3) Bluefin tuna Longline category closure. If the Atlantic Tunas 
Longline category quota is closed as specified in paragraph (a)(4) of 
this section, vessels that have pelagic longline gear on board cannot 
possess or land any North Atlantic swordfish or bluefin tuna.
    (d) Northern albacore tuna--When the annual fishery quota specified 
in Sec. 635.27(e) is reached, or is projected to be reached, NMFS will 
file a closure action with the Office of the Federal Register for 
publication. When the fishery for northern albacore tuna is closed, 
northern albacore tuna may not be retained. If the Atlantic Tunas 
Longline category quota is closed as specified in paragraph (a)(4) of 
this section, vessels that have pelagic longline gear on board cannot 
possess or land any northern albacore tuna.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.28, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 510]]



Sec. 635.29  Transfer at sea and transshipment.

    (a) A person who owns or operates a vessel issued a permit, or 
required to be issued a permit, under Sec. 635.4 may not transfer any 
tuna or tuna-like species, or other HMS, at sea or in port, regardless 
of where the fish was harvested, except as provided in paragraph (c) of 
this section.
    (b) For the purposes of this part, ``transfer'' means the act of 
``transshipping'' as defined at 50 CFR 300.301. Notwithstanding the 
definition of ``harvest'' at Sec. 600.10, for the purposes of this 
part, transfer also includes, but is not limited to, moving or 
attempting to move a tuna that is on fishing gear or other gear in the 
water from one vessel to another vessel.
    (c) An owner or operator of a vessel for which an Atlantic Tunas 
Purse Seine category permit has been issued under Sec. 635.4 may use an 
auxiliary vessel (i.e., a skiff) associated with the permitted vessel to 
assist in routine purse seine fishery operations, provided that the 
auxiliary vessel has not been issued an Atlantic Tunas or HMS vessel 
permit and functions only in an auxiliary capacity during routine purse 
seine operations (i.e., it conducts limited assistance activities such 
as assistance with purse seine deployment and removal of BFT from the 
purse seine). The auxiliary vessel may transfer large medium and giant 
Atlantic BFT to its associated purse seine vessel during routine purse 
seine operations, provided that the amount transferred does not cause 
the receiving vessel to exceed its currently authorized vessel 
allocation, including incidental catch limits.

[79 FR 72559, Dec. 8, 2014, as amended at 80 FR 52204, Aug. 28, 2015]



Sec. 635.30  Possession at sea and landing.

    (a) Atlantic tunas. Persons that own or operate a fishing vessel 
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an 
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic 
tuna through offloading either in round form or eviscerated with the 
head and fins removed, provided one pectoral fin and the tail remain 
attached. The upper and lower lobes of the tuna tail may be removed for 
storage purposes as long as the fork of the tail remains intact.
    (b) Billfish. Any person that possesses a blue marlin, white marlin, 
or roundscale spearfish taken from its management unit or a sailfish 
taken shoreward of the outer boundary of the EEZ or lands a blue marlin, 
white marlin, or roundscale spearfish in an Atlantic coastal port must 
maintain such billfish with its head, fins, and bill intact through 
offloading. Persons may eviscerate such billfish, but it must otherwise 
be maintained whole.
    (c) Shark. (1) In addition to the regulations issued at part 600, 
subpart N, of this chapter, a person who owns or operates a vessel 
issued a Federal Atlantic commercial shark permit under Sec. 635.4 must 
maintain all the shark fins including the tail naturally attached to the 
shark carcass until the shark has been offloaded from the vessel, except 
for under the conditions specified in paragraph (c)(5) of this section. 
While sharks are on board and when sharks are being offloaded, persons 
issued a Federal Atlantic commercial shark permit under Sec. 635.4 are 
subject to the regulations at part 600, subpart N, of this chapter.
    (2) A person who owns or operates a vessel that has a valid Federal 
Atlantic commercial shark permit may remove the head and viscera of the 
shark while on board the vessel. At any time when on the vessel, sharks 
must not have the backbone removed and must not be halved, quartered, 
filleted, or otherwise reduced. All fins, including the tail, must 
remain naturally attached to the shark through offloading, except under 
the conditions specified in paragraph (c)(5) of this section. While on 
the vessel, fins may be sliced so that the fin can be folded along the 
carcass for storage purposes as long as the fin remains naturally 
attached to the carcass via at least a small portion of uncut skin. The 
fins and tail may only be removed from the carcass once the shark has 
been landed and offloaded, except under the conditions specified in 
paragraph (c)(5) of this section.
    (3) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark permit and

[[Page 511]]

who lands sharks in an Atlantic coastal port, including ports in the 
Gulf of Mexico and Caribbean Sea, must have all fins and carcasses 
weighed and recorded on the weighout slips specified in Sec. 
635.5(a)(2) and in accordance with part 600, subpart N, of this chapter. 
Persons may not possess any shark fins not naturally attached to a shark 
carcass on board a fishing vessel at any time, except under the 
conditions specified in paragraph (c)(5) of this section. Once landed 
and offloaded, sharks that have been halved, quartered, filleted, cut 
up, or reduced in any manner may not be brought back on board a vessel 
that has been or should have been issued a Federal Atlantic commercial 
shark permit.
    (4) Persons aboard a vessel that does not have a Federal Atlantic 
commercial shark permit must maintain a shark in or from the EEZ intact 
through landing with the head, tail, and all fins naturally attached. 
The shark may be bled and the viscera may be removed.
    (5) A person who owns or operates a vessel that has been issued a 
Federal commercial smoothhound permit may remove the fins and tail of a 
smooth dogfish shark prior to offloading if the conditions in paragraphs 
(c)(5)(i) through (iv) of this section have been met. If the conditions 
in paragraphs (c)(5)(i) through (iv) of this section have not been met, 
all fins, including the tail, must remain naturally attached to the 
smooth dogfish through offloading from the vessel:
    (i) The smooth dogfish was caught within waters of the United States 
located shoreward of a line drawn in such a manner that each point on it 
is 50 nautical miles from the baseline of an Atlantic State from which 
the territorial sea is measured, from Maine south through Florida to the 
Atlantic and Gulf of Mexico shark regional boundary defined in Sec. 
635.27(b)(1).
    (ii) The vessel has been issued both a Federal commercial 
smoothhound permit and a valid State commercial fishing permit that 
allows for fishing for smooth dogfish.
    (iii) Smooth dogfish make up at least 25 percent of the catch on 
board at the time of landing.
    (iv) Total weight of the smooth dogfish fins landed or found on 
board a vessel cannot exceed 12 percent of the total dressed weight of 
smooth dogfish carcasses on board or landed from the fishing vessel.
    (d) Swordfish. Persons that own or operate a fishing vessel that 
possesses a swordfish in the Atlantic Ocean or lands a swordfish in an 
Atlantic coastal port must maintain such swordfish in round or dressed 
form through off-loading.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 69 
FR 53362, Sept. 1, 2004; 71 FR 58173, Oct. 2, 2006; 73 FR 40711, July 
15, 2008; 75 FR 30528, June 1, 2010; 75 FR 57702, Sept. 22, 2010; 76 FR 
39032, July 5, 2011; 80 FR 73145, Nov. 24, 2015]



Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) A person that owns or operates a vessel from 
which an Atlantic tuna is landed or offloaded may sell such Atlantic 
tuna only if that vessel has a valid HMS Charter/Headboat permit; a 
valid General, Harpoon, Longline, Purse Seine, or Trap category permit 
for Atlantic tunas; or a valid HMS Commercial Caribbean Small Boat 
permit issued under this part and the appropriate category has not been 
closed, as specified at Sec. 635.28(a). However, no person may sell a 
bluefin tuna smaller than the large medium size class. Also, no large 
medium or giant bluefin tuna taken by a person aboard a vessel with an 
Atlantic HMS Charter/Headboat permit fishing in the Gulf of Mexico at 
any time, or fishing outside the Gulf of Mexico when the fishery under 
the General category has been closed, may be sold (see Sec. 635.23(c)). 
A person may sell Atlantic bluefin tuna only to a dealer that has a 
valid permit for purchasing Atlantic bluefin tuna issued under this 
part. A person may not sell or purchase Atlantic tunas harvested with 
speargun fishing gear.
    (2) Dealers may purchase Atlantic tunas only from a vessel that has 
a valid commercial permit for Atlantic tunas issued under this part in 
the appropriate category and the appropriate category has not been 
closed, as specified at Sec. 635.28(a).

[[Page 512]]

    (i) Dealers may purchase Atlantic bluefin tuna only from a vessel 
that has a valid Federal commercial permit for Atlantic tunas issued 
under this part in the appropriate category. Vessel owners and operators 
of vessels that have been issued an Atlantic Tunas Longline category 
permit can sell bluefin tuna and dealers can purchase bluefin tuna from 
such vessels only if the Longline category is open, per Sec. 635.28(a) 
and if:
    (A) The vessel has met the minimum quota allocation and accounting 
requirements at Sec. 635.15(b)(4) and (5) for vessels departing on a 
trip with pelagic longline gear aboard, and
    (B) The dealer and vessel have met the IBQ program participant 
requirements at Sec. 635.15(a)(2).
    (ii) Dealers may first receive BAYS tunas only if they have 
submitted reports to NMFS according to reporting requirements at Sec. 
635.5(b)(1)(ii), and only from a vessel that has a valid Federal 
commercial permit for Atlantic tunas issued under this part in the 
appropriate category. Vessel owners and operators of vessels that have 
been issued an Atlantic Tunas Longline category permit can sell BAYS 
tunas and dealers can purchase BAYS tunas from such vessels only if the 
Longline category is open per Sec. 635.28(a). Individuals issued a 
valid HMS Commercial Caribbean Small Boat permit, and operating in the 
U.S. Caribbean as defined at Sec. 622.2 of this chapter, may sell their 
trip limits of BAYS tunas, codified at Sec. 635.24(c), to dealers and 
non-dealers. Persons may only sell albacore tuna and dealers may only 
first receive albacore tuna if the northern albacore tuna fishery has 
not been closed as specified at Sec. 635.28 (d).
    (3) Dealers or seafood processors may not purchase or sell a BFT 
smaller than the large medium size class unless it is lawfully imported 
and is accompanied by a bluefin tuna statistical document, as specified 
in Sec. 300.185(a) of this title.
    (4) A BFT in the possession of a dealer or seafood processor is 
deemed to be from the Atlantic Ocean. However, a BFT will not be deemed 
to be from the Atlantic Ocean if--
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a bluefin tuna statistical document, as 
specified in Sec. 300.185(a) of this title.
    (b) Billfish. (1) Persons may not sell or purchase a billfish taken 
from its management unit.
    (2) A billfish or a closely related species, namely, black marlin, 
Makaira indica, striped marlin, Tetrapturus audax, or shortbill 
spearfish, Tetrapturus angustirostris, or a part thereof, in the 
possession of a dealer or seafood processor is considered, for purposes 
of this part, to be a billfish from the Atlantic Ocean management unit. 
However, a billfish or a closely related species will not be considered 
to be from the Atlantic Ocean management unit if--
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a Billfish Certificate of Eligibility 
(COE) form, obtained from NMFS, or its equivalent that documents that 
the fish was harvested from other than the Atlantic Ocean management 
unit.
    (A) The Billfish COE required under this section must indicate, in 
English, the name and homeport of the harvesting vessel, and the date 
and port of offloading. Only the purchaser of the billfish from the 
harvesting vessel must complete this information.
    (B) The Billfish COE must be signed and dated by each dealer in 
possession of the product throughout the chain of custody up to but not 
including the consumer. This signature indicates a declaration that the 
billfish were not harvested from the management unit.
    (C) A Billfish COE may refer to billfish taken from only one 
harvesting vessel. If a shipment contains billfish taken from more than 
one vessel, a separate billfish COE must accompany the shipment for each 
harvesting vessel.
    (D) A model Billfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used provided it contains all of the 
information required under this section.
    (3) For the purposes of this paragraph, a dealer or seafood 
processor means any individual, other than a consumer, who engages in 
any activity, other than fishing, of industry, trade, or commerce, 
including but not limited

[[Page 513]]

to the buying or selling of a regulated species or parts thereof and 
activities conducted for the purpose of facilitating such buying and 
selling.
    (c) Shark. (1) Persons that own or operate a vessel that possesses, 
retains, or lands a shark from the management unit may sell such shark 
only if the vessel has a valid commercial shark permit issued under this 
part. Persons may possess, retain, land, and sell a shark only to a 
federally-permitted dealer and only when the fishery for that species, 
management group, region, and/or sub-region has not been closed, as 
specified in Sec. 635.28(b). Persons that own or operate a vessel that 
has pelagic longline gear onboard can possess, retain, land, and sell a 
shark only if the Atlantic Tunas Longline category has not been closed, 
as specified in Sec. 635.28(a).
    (2) Persons that own or operate a vessel for which a valid Federal 
Atlantic commercial shark permit has been issued and on which a shark 
from the management unit is possessed, may sell, barter or trade such 
shark only to a dealer that has a valid permit for shark issued under 
this part.
    (3) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart N, of 
this chapter and in Sec. 635.30(c).
    (4) Only dealers who have a valid Federal Atlantic shark dealer 
permit and who have submitted reports to NMFS according to reporting 
requirements of Sec. 635.5(b)(1)(ii) may first receive a shark from an 
owner or operator of a vessel that has, or is required to have, a valid 
Federal Atlantic commercial shark permit issued under this part. Dealers 
may purchase a shark only from an owner or operator of a vessel who has 
a valid commercial shark permit issued under this part, except that 
dealers may purchase a shark from an owner or operator of a vessel who 
does not have a Federal Atlantic commercial shark permit if that vessel 
fishes exclusively in state waters and does not possess a HMS Angling 
permit or HMS Charter/Headboat permit pursuant to Sec. 635.4. Atlantic 
shark dealers may purchase a sandbar shark only from an owner or 
operator of a vessel who has a valid shark research permit and who had a 
NMFS-approved observer onboard the vessel for the trip in which the 
sandbar shark was collected. Atlantic shark dealers may purchase a shark 
from an owner or operator of a fishing vessel who has a valid commercial 
shark permit issued under this part only when the fishery for that 
species, management group, region, and/or sub-region has not been 
closed, as specified in Sec. 635.28(b). Atlantic shark dealers may 
first receive a shark from a vessel that has pelagic longline gear 
onboard only if the Atlantic Tunas Longline category has not been 
closed, as specified in Sec. 635.28(a).
    (5) An Atlantic shark dealer issued a permit under this part may 
first receive shark fins from an owner or operator of a fishing vessel 
only if the shark fins were harvested in accordance with the regulations 
found at part 600, subpart N, of this chapter and in Sec. 635.30(c).
    (6) A dealer issued a permit under this part may not first receive 
silky sharks, oceanic whitetip sharks or scalloped, smooth, or great 
hammerhead sharks from an owner or operator of a fishing vessel with 
pelagic longline gear on board, or from the owner of a fishing vessel 
issued both a HMS Charter/Headboat permit and a commercial shark permit 
when tuna, swordfish or billfish are on board the vessel, offloaded from 
the vessel, or being offloaded from the vessel.
    (d) Swordfish. (1) Persons that own or operate a vessel on which a 
swordfish in or from the Atlantic Ocean is possessed may sell such 
swordfish only if the vessel has a valid commercial permit for swordfish 
issued under this part. Persons may offload such swordfish only to a 
dealer who has a valid permit for swordfish issued under this part; 
except that individuals issued a valid HMS Commercial Caribbean Small 
Boat permit, and operating in the U.S. Caribbean as defined at Sec. 
622.2 of this chapter, may sell swordfish, as specified at Sec. 
635.24(b)(3), to non-dealers. Persons that own or operate a vessel that 
has pelagic longline gear onboard can only possess and sell a swordfish 
if the Atlantic Tunas Longline category has not been closed, as 
specified in Sec. 635.28(a)(4).

[[Page 514]]

    (2) Atlantic swordfish dealers may first receive a swordfish 
harvested from the Atlantic Ocean only from an owner or operator of a 
fishing vessel that has a valid commercial permit for swordfish issued 
under this part, and only if the dealer has submitted reports to NMFS 
according to reporting requirements of Sec. 635.5(b)(1)(ii). Atlantic 
swordfish dealers may first receive a swordfish from a vessel that has 
pelagic longline gear onboard only if the Atlantic Tunas Longline 
category has not been closed, as specified in Sec. 635.28(a)(4).

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.31, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 635.32  Specifically authorized activities.

    (a) General. (1) Consistent with the provisions of Sec. 600.745 of 
this chapter, except as indicated in this section, NMFS may authorize 
activities otherwise prohibited by the regulations contained in this 
part for the conduct of scientific research, the acquisition of 
information and data, the enhancement of safety at sea, the purpose of 
collecting animals for public education or display, the investigation of 
bycatch, economic discard and regulatory discard, or for chartering 
arrangements.
    (2) Activities subject to the provisions of this section include, 
but are not limited to: scientific research resulting in, or likely to 
result in, the take, harvest, or incidental mortality of Atlantic HMS; 
exempted fishing and educational activities; programs under which 
regulated species retained in contravention to otherwise applicable 
regulations may be donated through approved food bank networks; or 
chartering arrangements. Such activities must be authorized in writing 
and are subject to all conditions specified in any letter of 
acknowledgment, EFP, scientific research permit, display permit, 
chartering permit, or shark research permit issued in response to 
requests for authorization under this section.
    (3) For the purposes of all regulated species covered under this 
part, NMFS has the sole authority to issue permits, authorizations, and 
acknowledgments. If a regulated species landed or retained under the 
authority of this section is subject to a quota, the fish shall be 
counted against the quota category as specified in the written 
authorization.
    (4) Inspection requirements specified in Sec. 635.5(e) apply to the 
owner or operator of a fishing vessel that has been issued an exempted 
fishing permit, scientific research permit, display permit, or 
chartering permit.
    (b) Scientific research activities. For the purposes of all species 
covered under this part regulated under the authority of ATCA, the 
provisions for research plans under Sec. 600.745(a) and reports under 
Sec. 600.745(c)(1) of this chapter are mandatory. In such cases of 
authorized scientific research activities, NMFS shall issue scientific 
research permits. For scientific research activities involving the 
capture of Atlantic sharks, research plans and reports are requested; 
letters of acknowledgment shall be issued by NMFS as indicated under 
Sec. 600.745(a) of this chapter.
    (c) Exempted fishing permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, other 
than scientific research conducted from a scientific research vessel, 
NMFS may issue exempted fishing permits.
    (2) [Reserved]
    (d) Display permits. (1) For activities consistent with the purposes 
of this section and Sec. 600.745(b)(1) of this chapter, NMFS may issue 
display permits.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid display permit is required to 
fish for, take, retain, or possess an HMS in or from the Atlantic EEZ 
for the purposes of public display. A valid display permit must be on 
board the harvesting vessel, must be available when the fish is landed, 
must be available when the fish is transported to the display facility, 
and must be presented for inspection upon request of an authorized 
officer. A display permit is valid for the specific time, area, gear, 
and species specified on it. Species landed under a display

[[Page 515]]

permit shall be counted against the appropriate quota specified in Sec. 
635.27 or as otherwise provided in the display permit.
    (3) To be eligible for a display permit, a person must provide all 
information concerning his or her identification, numbers by species of 
HMS to be collected, when and where they will be collected, vessel(s) 
and gear to be used, description of the facility where they will be 
displayed, and any other information that may be necessary for the 
issuance or administration of the permit, as requested by NMFS.
    (4) Collectors of HMS for public display must notify the local NMFS 
Office for Law Enforcement at least 24 hours, excluding weekends and 
holidays, prior to departing on a collection trip, regardless of whether 
the fishing activity will occur in or outside the EEZ, as to collection 
plans and location and the number of animals to be collected. In the 
event that a NMFS agent is not available, a message may be left.
    (5) All live HMS collected for public display are required to have 
either a conventional dart tag or a microchip Passive Integrated 
Transponder (PIT) tag applied by the collector at the time of the 
collection. Both types of tags will be supplied by NMFS. Conventional 
dart tags will be issued unless PIT tags are specifically requested in 
the permit application and their use approved by NMFS. Terms and 
conditions of the permit will address requirements associated with the 
use of the tags supplied on a case-by-case basis.
    (e) Chartering permits. (1) For activities consistent with the 
purposes of this section, Sec. 635.5(a), and Sec. 600.745(b)(1) of 
this chapter, NMFS may issue chartering permits for record keeping and 
reporting purposes. An application for a chartering permit must include 
all information required under Sec. 600.745(b)(2) of this chapter and, 
in addition, written notification of: the species of fish covered by the 
chartering arrangement and quota allocated to the Contracting Party of 
which the chartering foreign entity is a member; duration of the 
arrangement; measures adopted by the chartering Contracting Party of 
which the foreign entity is a member to implement ICCAT chartering 
provisions; copies of fishing licenses, permits, and/or other 
authorizations issued by the chartering Contracting Party of which the 
foreign entity is a member for the vessel to fish under the arrangement; 
a copy of the High Seas Fishing Compliance Act Permit pursuant to 50 CFR 
300.10; documentation regarding interactions with protected resources; 
and documentation regarding the legal establishment of the chartering 
company. To be considered complete, an application for a chartering 
permit for a vessel must include all information specified in Sec. 
600.745(b)(2) of this chapter and in Sec. 635.32(e) and (f).
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid chartering permit is required 
to fish for, take, retain, or possess ICCAT-regulated species under 
chartering arrangements as specified in Sec. 635.5(a)(6). A valid 
chartering permit must be on board the harvesting vessel, must be 
available when ICCAT-regulated species are landed, and must be presented 
for inspection upon request of an authorized officer. A chartering 
permit is valid for the duration of the chartering arrangement or until 
the expiration date specified on the permit, whichever comes first. 
Vessels issued a chartering permit shall not be authorized to fish under 
applicable Atlantic Highly Migratory Species quotas or entitlements of 
the United States until the chartering permit expires or is terminated.
    (3) Charter permit holders must submit logbooks and comply with 
reporting requirements as specified in Sec. 635.5. NMFS will provide 
specific conditions and requirements in the chartering permit, so as to 
ensure consistency, to the extent possible, with laws of foreign 
countries, the 2006 Consolidated HMS FMP and its amendments, as well as 
ICCAT recommendations.
    (4) Observers may be placed on board vessels issued chartering 
permits as specified under Sec. 635.7.
    (5) NMFS will issue a chartering permit only if it determines that 
the chartering arrangement is in conformance with ICCAT's conservation 
and management programs.

[[Page 516]]

    (6) A vessel shall be authorized to fish under only one chartering 
arrangement at a time.
    (7) All chartering permits are subject to sanctions and denials as 
indicated under Sec. 635.4(a)(6).
    (f) Shark research permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, NMFS 
may issue shark research permits.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid shark research permit is 
required to fish for, take, retain, or possess Atlantic sharks, 
including sandbar sharks, in excess of the retention limits described in 
Sec. 635.24(a). A valid shark research permit must be on board the 
harvesting vessel, must be available for inspection when the shark is 
landed, and must be presented for inspection upon request of an 
authorized officer. A shark research permit is only valid for the vessel 
and owner(s) combination specified and cannot be transferred to another 
vessel or owner(s). A shark research permit is only valid for the 
retention limits, time, area, gear specified, and other terms and 
conditions as listed on the permit and only when a NMFS-approved 
observer is onboard. Species landed under a shark research permit shall 
be counted against the appropriate quota specified in Sec. 635.27 or as 
otherwise provided in the shark research permit.
    (3) Regardless of the number of applicants, NMFS will issue only a 
limited number of shark research permits depending on available quotas 
as described in Sec. 635.27, research needs for stock assessments and 
other scientific purposes, and the number of sharks expected to be 
harvested by vessels issued LAPs for sharks.
    (4) In addition to the workshops required under Sec. 635.8, persons 
issued a shark research permit, and/or operators of vessels specified on 
the shark research permit, may be required to attend other workshops 
(e.g., shark identification workshops, captain's meeting, etc.) as 
deemed necessary by NMFS to ensure the collection of high quality data.
    (5) Issuance of a shark research permit does not guarantee the 
permit holder that a NMFS-approved observer will be deployed on any 
particular trip. Rather, permit issuance indicates that a vessel is 
eligible for a NMFS-approved observer to be deployed on the vessel for a 
particular trip and that, on such observed trips, the vessel may be 
allowed to harvest Atlantic sharks, including sandbar sharks, in excess 
of the retention limits described in Sec. 635.24(a).
    (6) The shark research permit may be revoked, limited, or modified 
at any time, does not confer any right to engage in activities beyond 
those authorized by the permit, and does not confer any right of 
compensation to the holder.
    (g) Applications and renewals. (1) Application procedures shall be 
as indicated under Sec. 600.745(b)(2) of this chapter, except that NMFS 
may consolidate requests for the purpose of obtaining public comment. In 
such cases, NMFS may file with the Office of the Federal Register, on an 
annual or more frequent basis as necessary, notification of previously 
authorized exempted fishing, scientific research, public display, 
chartering, and shark research activities and to solicit public comment 
on anticipated EFP, scientific research permit, letter of 
acknowledgment, public display, chartering, or shark research permit 
activities. Applications for EFPs, scientific research permits, public 
display permits, chartering permits, or shark research permits are 
required to include all reports specified in the applicant's previous 
permit including, if applicable, the year-end report, all delinquent 
reports for permits issued in prior years, and all other specified 
information. In situations of delinquent reports, applications will be 
deemed incomplete and a permit will not be issued under this section.
    (2) For the shark research permit, NMFS will publish annually, in a 
Federal Register notice(s), a description for the following fishing year 
of the expected research objectives. This description may include 
information such as the number of vessels needed, regions and seasons 
for which vessels are needed, the specific criteria for selection, and 
the application deadline. Complete applications, including all 
information requested in the applicable Federal Register notice(s) and 
on the

[[Page 517]]

application form and any previous reports required pursuant to this 
section and Sec. 635.5, must be received by NMFS by the application 
deadline in order for the vessel to be considered. Requested information 
could include, but is not limited to, applicant name and address, permit 
information, vessel information, availability of the vessel, past 
involvement in the shark fishery, and compliance with HMS regulations 
including observer regulations. NMFS will only review complete 
applications received by the published deadline to determine eligibility 
for participation in the shark research fishery. Qualified vessels will 
be chosen based on the information provided on the applications and 
their ability to meet the selection criteria as published in the Federal 
Register notice. A commercial shark permit holder whose vessel was 
selected to carry an observer in the previous two years for any HMS 
fishery but failed to comply with the observer regulations specified in 
Sec. 635.7 will not be considered. A commercial shark permit holder 
that has been charged criminally or civilly (i.e., issued a Notice of 
Violation and Assessment (NOVA) or Notice of Permit Sanction) for any 
HMS related violation will not be considered for participation in the 
shark research fishery. Qualified vessels will be randomly selected to 
participate in the shark research fishery based on their availability 
and the temporal and spatial needs of the research objectives. If a 
vessel issued a shark research permit cannot conduct the shark research 
tasks, for whatever reason, that permit will be revoked and, depending 
on the status of the research and the fishing year, NMFS will randomly 
select another qualified vessel to be issued a shark research permit.
    (h) Terms and conditions. (1) For EFPs, scientific research permits, 
and public display permits: Written reports on fishing activities, and 
disposition of all fish captured under a permit issued under this 
section must be submitted to NMFS within 5 days of return to port. NMFS 
will provide specific conditions and requirements as needed, consistent 
with the Consolidated HMS Fishery Management Plan, in the permit. If an 
individual issued a Federal permit under this section captures no HMS in 
any given month, either in or outside the EEZ, a ``no-catch'' report 
must be submitted to NMFS within 5 days of the last day of that month.
    (2) For chartering permits, written reports of fishing activities 
must be submitted to NMFS by a date specified, and to an address 
designated, in the terms and conditions of each chartering permit.
    (3) An annual written summary report of all fishing activities, and 
disposition of all fish captured, under the permit must be submitted to 
NMFS for all EFPs, scientific research permits, display permits, and 
chartering permits issued under this section within 30 days after the 
expiration date of the permit.
    (4) For shark research permits, all owners and/or operators must 
comply with the recordkeeping and reporting requirements specified in 
Sec. 635.5 per the requirement of holding a LAP for sharks.
    (5) As stated in Sec. 635.4(a)(6), failure to comply with the 
recordkeeping and reporting requirements of this section could result in 
the EFP, scientific research permit, display permit, chartering permit, 
or shark research permit being revoked, suspended, or modified, and in 
the denial of any future applications.

[64 FR 29135, May 28, 1999, as amended at 68 FR 63742, Nov. 10, 2003; 68 
FR 74786, Dec. 24, 2003; 69 FR 70399, Dec. 6, 2004; 73 FR 40711, July 
15, 2008; 75 FR 30528, June 1, 2010]



Sec. 635.33  Archival tags.

    (a) Landing an HMS with a surgically implanted archival tag. 
Notwithstanding other provisions of this part, persons may catch, 
possess, retain, and land an Atlantic HMS in which an archival tag has 
been surgically implanted, provided such persons return the tag to the 
research entity indicated on the tag or to NMFS at an address designated 
by NMFS and report the fish as required in Sec. 635.5.
    (b) Quota monitoring. If an Atlantic HMS landed under the authority 
of paragraph (a) of this section is subject to a quota, the fish will be 
counted against the applicable quota for the species consistent with the 
fishing gear and activity which resulted in the

[[Page 518]]

catch. In the event such fishing gear or activity is otherwise 
prohibited under applicable provisions of this part, the fish shall be 
counted against the reserve or research quota established for that 
species, as appropriate.

[81 FR 55379, Aug. 19, 2016]



Sec. 635.34  Adjustment of management measures.

    (a) NMFS may adjust the IBQ shares or resultant allocations for 
bluefin tuna, as specified in Sec. 635.15; catch limits for bluefin 
tuna, as specified in Sec. 635.23; the overall, regional, and/or sub-
regional quotas for bluefin tuna, sharks, swordfish, and northern 
albacore tuna as specified in Sec. 635.27; the retention limits for 
sharks, as specified at Sec. 635.24; the regional retention limits for 
Swordfish General Commercial permit holders, as specified at Sec. 
635.24; the marlin landing limit, as specified in Sec. 635.27(d); and 
the minimum sizes for Atlantic blue marlin, white marlin, and roundscale 
spearfish as specified in Sec. 635.20.
    (b) In accordance with the framework procedures in the 2006 
Consolidated HMS FMP, NMFS may establish or modify for species or 
species groups of Atlantic HMS the following management measures: 
Maximum sustainable yield or optimum yield based on the latest stock 
assessment or updates in the SAFE report; domestic quotas; recreational 
and commercial retention limits, including target catch requirements; 
size limits; fishing years or fishing seasons; shark fishing regions, or 
regional and/or sub-regional quotas; species in the management unit and 
the specification of the species groups to which they belong; species in 
the prohibited shark species group; classification system within shark 
species groups; permitting and reporting requirements; workshop 
requirements; the IBQ shares or resultant allocations for bluefin tuna; 
administration of the IBQ program (including but not limited to 
requirements pertaining to leasing of IBQ allocations, regional or 
minimum IBQ share requirements, IBQ share caps (individual or by 
category), permanent sale of shares, NED IBQ rules, etc.); time/area 
restrictions; allocations among user groups; gear prohibitions, 
modifications, or use restriction; effort restrictions; observer 
coverage requirements; EM requirements; essential fish habitat; and 
actions to implement ICCAT recommendations, as appropriate.
    (c) NMFS may add species to the prohibited shark species group 
specified in Table 1 of appendix A if, after considering the criteria in 
paragraphs (c)(1) through (4) of this section, the species is determined 
to meet at least two of the criteria. Alternatively, NMFS may remove 
species from the prohibited shark species group and place them in the 
appropriate shark species group in Table 1 of appendix A if, after 
considering the criteria in paragraphs (c)(1) through (4) of this 
section, NMFS determines the species only meets one criterion.
    (1) Biological information indicates that the stock warrants 
protection.
    (2) Information indicates that the species is rarely encountered or 
observed caught in HMS fisheries.
    (3) Information indicates that the species is not commonly 
encountered or observed caught as bycatch in fishing operations for 
species other than HMS.
    (4) The species is difficult to distinguish from other prohibited 
species.
    (d) When considering a framework adjustment to add, change, or 
modify time/area closures and/or gear restricted areas, NMFS will 
consider, consistent with the FMP, the Magnuson-Stevens Act and other 
applicable law, but is not limited to the following criteria: Any 
Endangered Species Act related issues, concerns, or requirements, 
including applicable BiOps; bycatch rates of protected species, 
prohibited HMS, or non-target species both within the specified or 
potential closure area(s) and throughout the fishery; bycatch rates and 
post-release mortality rates of bycatch species associated with 
different gear types; new or updated landings, bycatch, and fishing 
effort data; evidence or research indicating that changes to fishing 
gear and/or fishing practices can significantly reduce bycatch; social 
and economic impacts; and the practicability of implementing new or 
modified closures compared to other bycatch reduction options. If the 
species is an ICCAT

[[Page 519]]

managed species, NMFS will also consider the overall effect of the 
U.S.'s catch on that species before implementing time/area closures, 
gear restricted areas, or access to closed areas.

[64 FR 29135, May 28, 1999, as amended at 68 FR 74788, Dec. 24, 2003; 71 
FR 58173, Oct. 2, 2006; 75 FR 57702, Sept. 22, 2010; 78 FR 52031, Aug. 
21, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR 50102, Aug. 18, 2015]



                    Subpart D_Restrictions on Imports



Sec. 635.40  Restrictions to enhance conservation.

    (a) Determinations. Upon a determination by NMFS that species of 
fish subject to regulation or under investigation by ICCAT are 
ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) 
or (c)(5), NMFS, with the concurrence of the Secretary of State, will 
file with the Office of the Federal Register for publication a finding 
to that effect. Effective upon the date of filing of such finding, all 
shipments of fish in any form of the species found to be ineligible will 
be denied entry unless, with respect to a particular shipment, it is 
established by satisfactory proof pursuant to paragraph (b) of this 
section that the particular shipment of fish is eligible for entry. 
Entry will not be denied and no such proof will be required for any such 
shipment that, on the date of filing was in transit to the United States 
on board a vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (a) of 
this section and section 6(c) of ATCA, a shipment of fish in any form of 
the species under regulation or under investigation by ICCAT offered for 
entry, directly or indirectly, from a country named in a finding filed 
with the Office of the Federal Register for publication under paragraph 
(a) of this section is eligible for entry if the shipment is accompanied 
by a completed ATCA COE attached to the invoice certifying that the fish 
in the shipment:
    (i) Are not of the species specified in the finding;
    (ii) Are of the species named in the finding, but were not taken in 
the regulatory area; or
    (iii) Are of the species named in the finding, but are products of 
an American fishery and were lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the finding solely for transshipment.
    (2) If the fish are offered for entry under paragraph (b)(1)(i) or 
(b)(1)(ii) of this section, the ATCA COE must be executed by a duly 
authorized official of the country named in the finding and the ATCA COE 
must be validated by a consular officer or consular agent of the United 
States. Such validation must be attached to the ATCA COE.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) of 
this section, the ATCA COE must be executed by a consular officer or 
consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master and 
Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.79 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 635, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by NMFS 
that the conditions no longer exist that warranted the finding under 
paragraph (a) of this section, NMFS will remove the import restriction 
by filing with the Office of the Federal Register for publication 
notification of removal effective on the date of filing. However, for 1 
year from the date of filing every shipment of fish in any form that was 
subject to the finding under paragraph (a) of this section will continue 
to be denied entry, unless the shipment is accompanied by a 
certification executed by an authorized official of the country of 
export and authenticated by a consular officer or consular agent of the 
United States certifying that no portion of the shipment is composed of 
fish taken prior to or during the import restriction.



Sec. 635.41  Products denied entry.

    (a) [Reserved]

[[Page 520]]

    (b) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
that is required to be listed, but not listed on the ICCAT record of 
authorized vessels will be denied entry into the United States.
    (c) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
listed on the ICCAT record as engaged in illegal, unreported, and 
unregulated fishing will be denied entry into the United States.
    (d) All shipments of tuna or tuna-like species, placed in cages for 
farming and/or transshipment, harvested in the ICCAT convention area and 
caught by a fishing vessel included on the ICCAT list as engaged in 
illegal, unreported, and unregulated fishing will be denied entry into 
the United States.
    (e) For the purposes of this section, it is a rebuttable presumption 
that any shipment containing swordfish, bluefin tuna, bigeye tuna, or 
their products offered for entry into the United States has been 
harvested by a vessel or vessels of the exporting nation.

[69 FR 70400, Dec. 6, 2004, as amended at 70 FR 28218, May 17, 2005; 77 
FR 52261, Aug. 29, 2012]



                 Subpart E_International Port Inspection



Sec. 635.50  Basis and purpose.

    The regulations in this subpart implement the ICCAT port inspection 
scheme. The text of the ICCAT port inspection scheme may be obtained 
from NMFS.



Sec. 635.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party to conduct inspections for the 
purpose of determining compliance with ICCAT conservation and management 
measures and who possesses identification issued by the authorized 
officer's national government.

[79 FR 72559, Dec. 8, 2014]



Sec. 635.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT that have not been 
previously landed or transshipped at port, as well as the vessel's 
catch, gear, equipment, records, and any documents the authorized 
officer deems necessary to determine compliance with ICCAT conservation 
and management measures, are subject to inspection when in a port of any 
ICCAT contracting or cooperating non-contracting party. A list of ports, 
designated by ICCAT contracting or cooperating non-contracting parties, 
to which foreign vessels carrying fish species subject to regulation 
pursuant to a recommendation of ICCAT may seek entry is available on the 
ICCAT Web site.
    (b) While in port, the master, crewmember, or any other person on a 
U.S. vessel carrying fish species subject to regulation pursuant to a 
recommendation of ICCAT must cooperate with an authorized officer during 
the conduct of an inspection, including by facilitating safe boarding. 
ICCAT recommendations require that inspections be carried out so that 
the vessel suffers minimum interference and inconvenience, and so that 
degradation of the quality of catch is avoided.

[79 FR 72559, Dec. 8, 2014]



Sec. 635.53  Prior notification.

    (a) U.S. vessels carrying tuna or tuna-like species or other HMS 
that are seeking to enter the port of another ICCAT contracting or 
cooperating party must provide to the port State, at least 72 hours 
before the estimated time of arrival at the port or in accordance with 
any other time period specified by the foreign government, the following 
information:
    (1) Vessel identification (External identification; Name; Flag 
State; ICCAT Record No., if any; IMO No., if any; and international 
radio call sign);
    (2) Name of the designated port, as referred to in the ICCAT 
register, to which it seeks entry and the purpose of the port call;
    (3) Fishing authorization or, where appropriate, any other 
authorization held by the vessel to support fishing operations on ICCAT-
managed species and/or fish products originating from such species;

[[Page 521]]

    (4) Estimated date and time of arrival in port;
    (5) In kilograms, the estimated quantities of each ICCAT-managed 
species and/or fish products originating from such species to be held on 
board and to be landed, with associated catch areas;
    (6) Other information, as requested by the foreign ICCAT contracting 
or cooperating non-contracting party, to determine whether a vessel has 
engaged in IUU fishing, or related activities;
    (b) After receiving information pursuant to paragraph (a) of this 
section, the foreign ICCAT contracting or cooperating non-contracting 
party should decide whether to authorize or deny the entry of a vessel 
into its port.

[79 FR 72559, Dec. 8, 2014]



Sec. 635.54  Reports.

    Owners and operators of U.S. vessels subject to inspection under 
Sec. 635.23 are hereby notified that the ICCAT recommendation 
establishing a scheme for minimum standards for inspection in port 
requires that:
    (a) Upon completion of the inspection, the authorized officer shall 
provide the Master of the U.S. fishing vessel with the inspection report 
containing the findings of the inspection, including any violations 
found and possible subsequent measures that could be taken by the 
foreign ICCAT contracting or cooperating non-contracting party. The 
Master of the U.S. vessel is entitled to add or have added to the report 
any comments or objections, and to add his or her own signature as an 
acknowledgement of receipt,
    (b) Copies of the inspection report shall also be provided by the 
port State to the ICCAT Secretariat and, as appropriate, to NMFS and 
other contracting or cooperating non-contracting parties of ICCAT,
    (c) Any enforcement action taken by the foreign ICCAT contracting or 
cooperating non-contracting party in response to an infringement shall 
be reported to the United States and to the ICCAT Secretariat, and
    (d) The foreign ICCAT contracting or cooperating non-contracting 
party shall refer any infringements found that do not fall within its 
jurisdiction, or with respect to which it has not taken action, to the 
flag State of the vessel (i.e., to NMFS).

[79 FR 72560, Dec. 8, 2014]



                          Subpart F_Enforcement



Sec. 635.69  Vessel monitoring systems.

    (a) Applicability. To facilitate enforcement of time/area and 
fishery closures, enhance reporting, and support the IBQ Program (Sec. 
635.15), an owner or operator of a commercial vessel permitted, or 
required to be permitted, to fish for Atlantic HMS under Sec. 635.4 and 
that fishes with pelagic or bottom longline, gillnet, or purse seine 
gear, is required to install a NMFS-approved enhanced mobile 
transmitting unit (E-MTU) vessel monitoring system (VMS) on board the 
vessel and operate the VMS unit under the circumstances listed in 
paragraphs (a)(1) through (a)(4) of this section. For purposes of this 
section, a NMFS-approved E-MTU VMS is one that has been approved by NMFS 
as satisfying its type approval listing for E-MTU VMS units. Those 
requirements are published in the Federal Register and may be updated 
periodically.
    (1) Whenever the vessel has pelagic longline or purse seine gear on 
board;
    (2) Whenever a vessel issued a directed shark LAP, has bottom 
longline gear on board, is located between 33 deg.00' N. lat. and 
36 deg.30' N. lat., and the mid-Atlantic shark closed area is closed as 
specified in Sec. 635.21(d)(1); or
    (3) Pursuant to Atlantic large whale take reduction plan 
requirements at 50 CFR 229.32(h), whenever a vessel issued a directed 
shark LAP has a gillnet(s) on board.
    (4) A vessel is considered to have pelagic or bottom longline gear 
on board, for the purposes of this section, when the gear components as 
specified at Sec. 635.2 are on board. A vessel is considered to have 
gillnet gear on board, for the purposes of this section, when gillnet, 
as defined in Sec. 600.10 of this chapter, is on board a vessel that 
has been issued a shark LAP. A vessel is considered to have purse seine 
gear on board, for the purposes of this section, when the gear as 
defined at Sec. 600.10 is onboard a vessel that has been issued

[[Page 522]]

an Atlantic Tunas Purse Seine category permit.
    (b) Hardware specifications. The VMS hardware must be approved by 
NMFS and must be able to perform all NMFS required functions. NMFS will 
file with the Office of the Federal Register for publication 
notification listing the specifications for approved VMS units. As 
necessary, NMFS will make additions and/or amendments to the VMS 
hardware type approval list to account for changes in specifications or 
new products offered by manufacturers. NMFS will file with the Office of 
the Federal Register for publication notification listing such additions 
and/or amendments.
    (c) Communications specifications. The communications service 
provider must be approved by NMFS and must be able to provide all NMFS 
required functions. NMFS will file with the Office of the Federal 
Register for publication notification listing the specifications for 
approved VMS communications service providers. As necessary, NMFS will 
make additions and/or amendments to the VMS communications service 
providers type approval list to account for changes in specifications or 
new services offered by communications providers. NMFS will file with 
the Office of the Federal Register for publication notification listing 
such additions and/or amendments.
    (d) Installation and activation. Only an E-MTU VMS that has been 
approved by NMFS for Atlantic HMS Fisheries may be used. Any VMS unit 
must be installed by a qualified marine electrician. When any NMFS-
approved E-MTU VMS is installed and activated or reinstalled and 
reactivated, the vessel owner or operator must--
    (1) Follow procedures indicated on a NMFS-approved installation and 
activation checklist for the applicable fishery, which is available from 
NMFS;
    (2) Submit to NMFS a statement certifying compliance with the 
checklist, as prescribed on the checklist; and,
    (3) Submit to NMFS the checklist, completed by a qualified marine 
electrician. Vessels fishing prior to NMFS' receipt of the completed 
checklist and compliance certification statement will be in violation of 
the VMS requirement.
    (e) Operation. (1) Owners or operators of vessels subject to 
requirements specified in paragraph (a) of this section must ensure the 
VMS unit is on so that it will submit automatic position reports every 
hour, 24 hours a day. Except as otherwise noted in this paragraph 
(e)(1), the VMS unit must always be on, operating and reporting without 
interruption, and NMFS enforcement must receive hourly position reports 
without interruption. No person may interfere with, tamper with, alter, 
damage, disable, or impede the operation of a VMS unit, or attempt any 
of the same. Vessels fishing outside the geographic area of operation of 
the installed VMS will be in violation of the VMS requirement. Owners of 
vessels may request a documented power down exemption from NMFS 
enforcement if the vessel will not be fishing for an extended period of 
time. The request must describe the reason an exemption is being 
requested; the location of the vessel during the time an exemption is 
sought; the exact time period for which an exemption is needed (i.e., 
the time the VMS signal will be turned off and turned on again); and 
sufficient information to determine that a power down exemption is 
appropriate. Approval of a power down must be documented and will be 
granted, at the discretion of NMFS enforcement, only in certain 
circumstances (e.g., when the vessel is going into dry dock for repairs, 
or will not be fishing for an extended period of time).
    (2) Hailing out. Prior to departure for each trip, a vessel owner or 
operator must initially report to NMFS declaring any highly migratory 
species the vessel will target on that trip and the specific type(s) of 
fishing gear that will be on board the vessel, using NMFS-defined gear 
codes. If the vessel owner or operator participates in multiple HMS 
fisheries, or possesses multiple fishing gears on board the vessel, the 
vessel owner or operator must submit multiple electronic reports to 
NMFS. If, during the trip, the vessel switches to a gear type or species 
group not reported on the initial declaration, another declaration must 
be submitted before this fishing begins. This information must be 
reported to NMFS using an attached VMS terminal or

[[Page 523]]

using another method as instructed by NMFS enforcement.
    (3) Hailing in. A vessel owner or operator must report advance 
notice of landing to NMFS. For the purposes of this paragraph (e)(3), 
landing means to arrive at a dock, berth, beach, seawall, or ramp. The 
vessel owner or operator is responsible for ensuring that NMFS is 
contacted at least 3 hours and no more than 12 hours in advance of 
landing regardless of trip duration. This information must be reported 
to NMFS using an attached VMS terminal and must include the date, 
approximate time, and location of landing.
    (4) Bluefin tuna and fishing effort reporting requirements for 
vessels fishing either with pelagic longline gear or purse seine gear--
(i) Pelagic longline gear. The vessel owner or operator of a vessel that 
has pelagic longline gear on board must report to NMFS using the 
attached VMS terminal, or using an alternative method specified by NMFS 
as follows: For each set, as instructed by NMFS, the date and area of 
the set, the number of hooks and the length of all bluefin retained 
(actual), and the length of all bluefin tuna discarded dead or alive 
(approximate), must be reported within 12 hours of the completion each 
pelagic longline haul-back.
    (ii) Purse Seine gear. The vessel owner or operator of a vessel that 
has purse seine gear on board must report to NMFS using the attached VMS 
terminal, or using an alternative method specified by NMFS as follows: 
For each purse seine set, as instructed by NMFS, the date and area of 
the set, and the length of all bluefin retained (actual), and the length 
of all bluefin tuna discarded dead or alive (approximate), must be 
reported within 12 hours of the completion of the retrieval of each set.
    (5) Vessel owners or operators that decide not to fish for or retain 
HMS for a period of time encompassing two or more trips may follow the 
requirements of this paragraph (e)(5) in lieu of paragraphs (e)(2) and 
(e)(3) of this section.
    (i) If a vessel owner or operator decides not to fish for or retain 
HMS for a period of time encompassing two or more trips, that owner or 
operator may choose to ``declare out'' of the fishery. To ``declare 
out,'' the vessel owner or operator must contact NMFS using an attached 
VMS terminal to indicate the operator does not plan to fish for or 
retain HMS. By ``declaring out'' of the HMS fishery, the vessel owner or 
operator is exempt from the requirements of paragraphs (e)(2) and (e)(3) 
of this section, unless the circumstances described in paragraph 
(e)(5)(ii) of this section apply, but must still comply with all other 
HMS regulations that are applicable to the vessel including area and 
gear closures.
    (ii) If a vessel owner or operator has advised NMFS that it will not 
be fishing for or retaining HMS as described in paragraph (e)(5)(i) of 
this section, but incidentally catches and retains any HMS while 
fishing, the vessel owner is required to change the target species 
declaration and advise NMFS, as described in paragraph (e)(2) of this 
section while at sea before landing with any HMS. The vessel must also 
report advance notice of landing to NMFS as described in paragraph 
(e)(3) of this section.
    (iii) Once the vessel owner or operator changes the declaration per 
paragraph (e)(5)(ii) of this section, that vessel is assumed to be 
fishing under the requirements of paragraphs (e)(1) through (e)(3) of 
this section until the vessel owner or operator makes another 
declaration under paragraph (e)(5) of this section.
    (f) Interruption. When the vessel operator is aware that 
transmission of automatic position reports has been interrupted, or when 
notified by NMFS that automatic position reports are not being received, 
the vessel operator must contact NMFS and follow the instructions given. 
Such instructions may include but are not limited to manually 
communicating to a location designated by NMFS the vessel's position or 
returning to port until the VMS is operable.
    (g) Repair and replacement. After a fishing trip during which 
interruption of automatic position reports has occurred, the vessel's 
owner or operator must have a qualified marine electrician replace or 
repair the VMS unit prior to the vessel's next trip. Repair or 
reinstallation of a VMS unit or installation of a replacement, including

[[Page 524]]

change of communications service provider, shall be in accordance with 
the installation and activation requirements specified at Sec. 
635.69(d) of this part.
    (h) Access. As a condition to obtaining a LAP for Atlantic 
swordfish, sharks, or tunas, all vessel owners or operators using 
pelagic or bottom longline or gillnet gear, subject to the VMS 
provisions of this section must allow NMFS, the USCG, and their 
authorized officers and designees access to the vessel's position data 
obtained from the VMS at the time of or after its transmission to the 
vendor or receiver, as the case may be.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 68 FR 45169, Aug. 1, 2003; 68 FR 74788, Dec. 24, 
2003; 69 FR 51012, Aug. 17, 2004; 72 FR 57194, Oct. 5, 2007; 73 FR 
40712, July 15, 2008; 75 FR 30528, June 1, 2010; 76 FR 75502, Dec. 2, 
2011; 78 FR 68763, 68764, Nov. 15, 2013; 79 FR 71606, Dec. 2, 2014; 80 
FR 73146, Nov. 24, 2015]



Sec. 635.70  Penalties.

    (a) General. See Sec. 600.735 of this chapter.
    (b) Civil procedures for Atlantic tuna. Because of the perishable 
nature of Atlantic tuna when it is not chilled or frozen, an authorized 
officer may cause to be sold, for not less than its reasonable market 
value, unchilled or unfrozen Atlantic tuna that may be seized and 
forfeited under ATCA and this part.



Sec. 635.71  Prohibitions.

    In addition to the prohibitions specified in Sec. 600.725 of this 
chapter, it is unlawful for any person subject to the jurisdiction of 
the United States to violate any provision of this part, ATCA, the 
Magnuson-Stevens Act, or any other rules promulgated under ATCA or the 
Magnuson-Stevens Act.
    (a) General. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Falsify information required on an application for a permit 
submitted under Sec. 635.4 or Sec. 635.32.
    (2) Fish for, catch, possess, retain, or land Atlantic HMS without 
the appropriate valid vessel permit, LAP, EFP, scientific research 
permit, display permit, chartering permit, or shark research permit on 
board the vessel, as specified in Sec. Sec. 635.4 and 635.32.
    (3) Purchase, receive, or transfer or attempt to purchase, receive, 
or transfer, for commercial purposes, Atlantic bluefin tuna landed by 
owners of vessels not permitted to do so under Sec. 635.4, or purchase, 
receive, or transfer, or attempt to purchase, receive, or transfer 
Atlantic bluefin tuna without the appropriate valid Federal Atlantic 
tunas dealer permit issued under Sec. 635.4. Purchase, receive, or 
transfer or attempt to purchase, receive, or transfer, for commercial 
purposes, other than solely for transport, any BAYS tunas, swordfish, or 
sharks landed by owners of vessels not permitted to do so under Sec. 
635.4, or purchase, receive, or transfer, or attempt to purchase, 
receive, or transfer, for commercial purposes, other than solely for 
transport, any BAYS tunas, swordfish, or sharks without the appropriate 
valid dealer permit issued under Sec. 635.4 or submission of reports by 
dealers to NMFS according to reporting requirements specified in Sec. 
635.5. This prohibition does not apply to HMS harvested by HMS 
Commercial Caribbean Small Boat vessel permit holders operating in the 
U.S. Caribbean as defined at Sec. 622.2 or to a shark harvested from a 
vessel that has not been issued a permit under this part and that fishes 
exclusively within the waters under the jurisdiction of any state.
    (4) Sell or transfer or attempt to sell or transfer, for commercial 
purposes, an Atlantic tuna, shark, or swordfish other than to a dealer 
that has a valid dealer permit issued under Sec. 635.4, except that 
this does not apply to HMS Commercial Caribbean Small Boat vessel permit 
holders operating in the U.S. Caribbean as defined at Sec. 622.2, or to 
a shark harvested by a vessel that has not been issued a permit under 
this part and that fishes exclusively within the waters under the 
jurisdiction of any state.
    (5) Fail to possess and make available for inspection a vessel 
permit on board the permitted vessel or upon transfer of HMS to a dealer 
or a dealer permit at the dealer's place of business, or to alter any 
such permit as specified in Sec. 635.4(a).
    (6) Falsify or fail to record, report, or maintain information 
required to be

[[Page 525]]

recorded, reported, or maintained, as specified in Sec. Sec. 635.5 and 
635.32 or in the terms and conditions of a permit issued under Sec. 
635.4 or an EFP, scientific research permit, display permit, chartering 
permit, or shark research permit issued under Sec. 635.32.
    (7) Fail to allow an authorized agent of NMFS to inspect and copy 
reports and records, as specified in Sec. 635.5(e) and (f) or Sec. 
635.32.
    (8) Fail to make available for inspection an Atlantic HMS or its 
area of custody, as specified in Sec. 635.5(e) and (f).
    (9) Fail to report the catching of any Atlantic HMS to which a 
conventional tag has been affixed under a tag and release program.
    (10) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 635.6.
    (11) Fail to comply with the requirements for at-sea observer 
coverage, as specified in Sec. 635.7 and Sec. 600.746.
    (12) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, any 
authorized officer in the conduct of any search, inspection, seizure or 
lawful investigation made in connection with enforcement of this part.
    (13) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person has committed 
any act prohibited by this part.
    (14) Fail to install, activate, repair, or replace a NMFS-approved 
E-MTU vessel monitoring system prior to leaving port with pelagic 
longline gear, bottom longline gear, gillnet gear, or purse seine gear 
on board the vessel as specified in Sec. 635.69.
    (15) Tamper with, or fail to operate and maintain a vessel 
monitoring system as specified in Sec. 635.69.
    (16) Fail to contact NMFS or follow NMFS instructions when automatic 
position reporting has been interrupted as specified in Sec. 635.69.
    (17) Fish for Atlantic tunas or swordfish with a gillnet or possess 
Atlantic tunas or swordfish on board a vessel with a gillnet on board, 
as specified in Sec. 635.21 (b), (e)(1), and (e)(4)(ii).
    (18) Fail to retrieve fishing gear and move after an interaction 
with a protected species, as specified in Sec. 635.21 (c)(3) or (d)(2).
    (19) Utilize secondary gears as specified in Sec. 635.19(a) to 
capture, or attempt to capture, any undersized or free swimming Atlantic 
HMS, or fail to release a captured Atlantic HMS in the manner specified 
in Sec. 635.21(a).
    (20) Fail to return a surgically implanted archival tag of a 
retained Atlantic HMS to NMFS or the research entity, as specified in 
Sec. 635.33, or fail to report the fish, as specified in Sec. 635.5.
    (21) Fail to maintain an Atlantic HMS in the form specified in Sec. 
635.30.
    (22) Fish for, catch, retain, or possess an Atlantic HMS that is 
less than its minimum size limit specified in Sec. 635.20.
    (23) Fail to comply with the restrictions on use of pelagic 
longline, bottom longline, gillnet, buoy gear, speargun gear, or green-
stick gear as specified in Sec. 635.21.
    (24) Import, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Sec. 635.40 or 635.41.
    (25) Dispose of fish or parts thereof or other matter in any manner 
after any communication or signal from an authorized officer, or after 
the approach of an authorized officer.
    (26) Violate the terms and conditions or any provision of a permit 
issued under Sec. 635.4 or Sec. 635.32.
    (27) Operate a charterboat or headboat without a valid U.S. Coast 
Guard merchant marine or uninspected passenger vessel license on board 
the vessel when fishing for or possessing Atlantic HMS as specified at 
Sec. 635.4(b).
    (28) Violate any provision of this part, the Magnuson-Stevens Act, 
ATCA, or any regulations or permits issued under the Magnuson-Stevens 
Act or ATCA.
    (29) Land, transship, ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was taken, 
retained, possessed, or landed contrary to this part, without regard to 
the citizenship of the person or registry of the fishing vessel that 
harvested the fish.

[[Page 526]]

    (ii) Any fish of a species regulated pursuant to a recommendation of 
ICCAT that was harvested, retained, or possessed in a manner contrary to 
the regulations of another country.
    (30) Deploy or fish with any fishing gear from a vessel or anchor a 
fishing vessel, permitted or required to be permitted under this part, 
in any closed area as specified at Sec. 635.21.
    (31) Deploy or fish with any fishing gear from a vessel with a 
pelagic longline on board in any closed or gear restricted areas during 
the time period specified at Sec. 635.21(c), except under the 
conditions listed at Sec. 635.21 (c)(3).
    (32) In the Gulf of Mexico, deploy or fish a pelagic longline with 
live bait affixed to the hooks or to possess live bait, or set up a well 
or tank to maintain live bait, aboard a vessel with pelagic longline 
gear on board as specified at Sec. 635.21(c)(4).
    (33) Deploy or fish with any fishing gear from a vessel with pelagic 
or bottom longline gear on board without carrying the required sea 
turtle bycatch mitigation gear, as specified at Sec. 635.21(c)(5)(i) 
for pelagic longline gear and Sec. 635.21(d)(2) for bottom longline 
gear. This equipment must be utilized in accordance with Sec. 
635.21(c)(5)(ii) and (d)(2) for pelagic and bottom longline gear, 
respectively.
    (34) Fail to disengage any hooked or entangled sea turtle with the 
least harm possible to the sea turtle as specified at Sec. 635.21 
(c)(5) or (d)(2).
    (35) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, NMFS 
personnel or anyone collecting information for NMFS, under an agreement 
or contract, relating to the scientific monitoring or management of 
Atlantic HMS.
    (36) Fish with bottom or pelagic longline and shark gillnet gear for 
HMS without adhering to the gear operation and deployment restrictions 
required in 50 CFR 635.21.
    (37) Fail to report to NMFS, at the number designated by NMFS, the 
incidental capture of listed whales with shark gillnet gear as required 
by Sec. 635.5.
    (38) Fish for, or possess on board a fishing vessel, species 
regulated under this part in unauthorized fishing areas as specified in 
Sec. 635.25.
    (39) Deploy or fish with any fishing gear, from a vessel with a 
bottom longline on board, in any closed area during the time periods 
specified at Sec. 635.21(d)(1).
    (40) Deploy or fish with any fishing gear, from a vessel with bottom 
longline gear on board, without carrying a dipnet, line clipper, and 
dehooking device as specified at Sec. 635.21(d)(2).
    (41) Fail to immediately notify NMFS upon the termination of a 
chartering arrangement as specified in Sec. 635.5(a)(5).
    (42) Count chartering arrangement catches against quotas other than 
those defined as the Contracting Party of which the chartering foreign 
entity is a member as specified in Sec. 635.5(a)(5).
    (43) Fail to submit catch information regarding fishing activities 
conducted under a chartering arrangement with a foreign entity, as 
specified in Sec. 635.5(a)(5).
    (44) Offload charter arrangement catch in ports other than ports of 
the chartering Contracting Party of which the foreign entity is a member 
or offload catch without the direct supervision of the chartering 
foreign entity as specified in Sec. 635.5(a)(5).
    (45) Import or attempt to import tuna or tuna-like species harvested 
from the ICCAT convention area by a fishing vessel that is not listed in 
the ICCAT record of authorized vessels as specified in Sec. 635.41(b).
    (46) Import or attempt to import tuna or tuna-like species harvested 
by a fishing vessel on the ICCAT illegal, unreported, and unregulated 
fishing list as specified in Sec. 635.41(c).
    (47) Import or attempt to import tuna or tuna-like species, placed 
in cages for farming and/or transshipment, harvested in the ICCAT 
convention area and caught by a fishing vessel included on the ICCAT 
list as engaged in illegal, unreported, and unregulated fishing as 
specified in Sec. 635.41(d).
    (48) Purchase any HMS that was offloaded from an individual vessel 
in excess of the retention limits specified in Sec. Sec. 635.23 and 
635.24.
    (49) Sell any HMS that was offloaded from an individual vessel in 
excess of

[[Page 527]]

the retention limits specified in Sec. Sec. 635.23 and 635.24.
    (50) Fish without being certified for completion of a NMFS protected 
species safe handling, release, and identification workshop, as required 
in Sec. 635.8.
    (51) Fish without having a valid protected species workshop 
certificates issued to the vessel owner and operator on board the vessel 
as required in Sec. 635.8.
    (52) Falsify a NMFS protected species workshop certificate or a NMFS 
Atlantic shark identification workshop certificate as specified at Sec. 
635.8.
    (53) Fish for, catch, possess, retain, or land an Atlantic swordfish 
using, or captured on, ``buoy gear'' as defined at Sec. 635.2, unless 
the vessel owner has been issued a swordfish directed limited access 
permit or a swordfish handgear limited access permit in accordance with 
Sec. 635.4(f) or a valid HMS Commercial Caribbean Small Boat permit in 
accordance with Sec. 635.4(o).
    (54) Possess, use, or deploy, in the Gulf of Mexico, any circle 
hook, other than as described at Sec. 635.21(c). Vessels in the Gulf of 
Mexico, with pelagic gear onboard, are prohibited from possessing, 
using, or deploying circle hooks that are constructed of round wire 
stock which is larger than 3.65 mm in diameter (See: Sec. 
635.21(c)(5)(iii)(C)(2)(i)).
    (55) Fail to electronically submit an Atlantic HMS dealer report 
through the HMS electronic dealer reporting system to report BAYS tunas, 
swordfish, and sharks to NMFS in accordance with Sec. 635.5, if issued, 
or required to be issued, a Federal Atlantic HMS dealer permit pursuant 
to Sec. 635.4.
    (56) Have been issued a valid HMS Commercial Caribbean Small Boat 
permit and to purchase, barter for, or trade for HMS harvested by other 
vessels with the intent to sell.
    (57) Fail to appropriately stow longline gear when transiting a 
closed or gear restricted area, as specified in Sec. 635.21(b)(2).
    (58) Fish with pelagic longline gear in the Cape Hatteras Gear 
Restricted area if not determined by NMFS to be ``qualified'' under 
Sec. 635.21(c)(3).
    (59) Fish for, retain, possess, or land any HMS from a vessel with a 
pelagic longline on board when the Atlantic Tunas Longline category 
fishery is closed, as specified in Sec. 635.28(a)(3), (b)(6), (c)(3), 
and (d).
    (60) Buy, trade, or barter for any HMS from a vessel with pelagic 
longline gear is on board when the Atlantic Tunas Longline category 
fishery is closed, as specified in Sec. 635.31(a)(2), (c), and (d).
    (61) Transfer in port or at sea any tuna, tuna-like species, or 
other HMS, as specified in Sec. 635.29(a).
    (b) Atlantic tunas. It is unlawful for any person or vessel subject 
to the jurisdiction of the United States to:
    (1) Engage in fishing with a vessel that has been issued an Atlantic 
Tunas or Atlantic HMS permit under Sec. 635.4, unless the vessel 
travels to and from the area where it will be fishing under its own 
power and the person operating that vessel brings any BFT under control 
(secured to the catching vessel and/or brought on board) with no 
assistance from another vessel, except as shown by the operator that the 
safety of the vessel or its crew was jeopardized or other circumstances 
existed that were beyond the control of the operator.
    (2) [Reserved]
    (3) Fish for, catch, retain, or possess a BFT less than the large 
medium size class by a person aboard a vessel other than one that has on 
board a valid HMS Angling or Charter/Headboat permit, or an Atlantic 
tunas Purse Seine category permit as authorized under Sec. 635.23 (b), 
(c), and (e)(2).
    (4) Fail to inspect a vessel's permit, fail to affix a dealer tag to 
a large medium or giant BFT, or fail to use such tag as specified in 
Sec. 635.5(b)(2).
    (5) Fail to report a large medium or giant bluefin tuna that is not 
sold, as specified in Sec. 635.5(a)(3), or fail to report a bluefin 
tuna that is sold, as specified in Sec. 635.5(a)(4).
    (6) As the owner of a vessel permitted, or required to be permitted, 
in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category, 
fail to report a BFT, as specified in Sec. 635.5(c)(1) or (c)(3).
    (7) Fish for, catch, retain, or possess a bluefin tuna with gear not 
authorized for the category permit issued to the vessel or to have such 
gear on board

[[Page 528]]

when in possession of a bluefin tuna, as specified in Sec. 635.19(b).
    (8) Fail to request an inspection of a purse seine vessel, as 
specified in Sec. 635.21(e)(2).
    (9) Fish for or catch BFT in a directed fishery with purse seine 
nets without an allocation made under Sec. 635.27(a)(4).
    (10) Fish for or catch any Atlantic tunas in a directed fishery with 
purse seine nets if there is no remaining BFT allocation made under 
Sec. 635.27 (a)(4).
    (11) Exceed the recreational catch limit for yellowfin tuna, as 
specified in Sec. 635.22(d).
    (12) Exceed a catch limit for BFT specified for the appropriate 
permit category, as specified in Sec. 635.23.
    (13) As a vessel with an Atlantic Tunas General category permit, 
fail to immediately cease fishing and immediately return to port after 
catching the applicable limit of large medium or giant bluefin tuna on a 
commercial fishing day, as specified in Sec. 635.23(a)(3).
    (14) As a person aboard a vessel issued an HMS Angling or Charter/
Headboat permit, fail to immediately cease fishing and immediately 
return to port after catching a large medium or giant BFT or fail to 
report such catch, as specified in Sec. 635.23(b)(1)(iii) and (c)(1) 
through (c)(3).
    (15) As a person aboard a vessel issued an HMS Angling or HMS 
Charter/Headboat permit, sell, offer for sale, or attempt to sell a 
large medium or giant BFT retained when fishing under the circumstances 
specified in Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3).
    (16) Retain a BFT caught under the catch and release program 
specified in Sec. 635.26.
    (17) As a vessel with an Atlantic Tunas Purse Seine category permit, 
catch, possess, retain, or land bluefin in excess of its allocation of 
the Purse Seine category quota as specified in Sec. 635.23(e), or fish 
for bluefin under that allocation prior to the commencement date of the 
directed bluefin purse seine fishery as specified in Sec. 635.27(a)(4).
    (18) As a vessel with a Purse Seine category Atlantic tunas permit, 
land BFT smaller than the large medium size class except as specified 
under Sec. 635.23(e)(2).
    (19) Fish for, retain, possess, or land a BFT when the fishery is 
closed, as specified in Sec. 635.28(a), except as may be authorized for 
catch and release under Sec. 635.26.
    (20) Approach to within 100 yd (91.5 m) of the cork line of a purse 
seine net used by a vessel fishing for Atlantic tuna, or for a purse 
seine vessel to approach to within 100 yd (91.5 m) of a vessel actively 
fishing for Atlantic tuna, except that two vessels that have Purse Seine 
category Atlantic tuna permits may approach closer to each other.
    (21) Transfer a tuna, except as may be authorized for the transfer 
of Atlantic BFT between purse seine vessels, as specified in Sec. 
635.29(c).
    (22) As the owner or operator of a purse seine vessel, fail to 
comply with the requirement for possession at sea and landing of BFT 
under Sec. 635.30(a).
    (23) Fish for, catch, possess, or retain a bluefin tuna, except as 
specified under Sec. 635.23(f), or if taken incidental to recreational 
fishing for other species and retained in accordance with Sec. 
635.23(b) and (c).
    (24) Fail to comply with the restrictions on sale and purchase of an 
Atlantic tuna, as specified in Sec. Sec. 635.5(b), 635.23, and 
635.31(a).
    (25) [Reserved]
    (26) For any person to refuse to provide information requested by 
NMFS personnel or anyone collecting information for NMFS, under an 
agreement or contract, relating to the scientific monitoring or 
management of Atlantic tunas.
    (27) Possess a large medium or giant BFT, after it has been landed, 
that does not have a dealer tag affixed to it as specified in Sec. 
635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported 
per the requirements specified in Sec. Sec. 635.5(a)(3) or 635.5(c).
    (28) Participate in any HMS recreational fishing activity aboard a 
vessel issued an Atlantic Tunas General category permit unless, as 
specified at Sec. 635.4(c)(2) and (3), the vessel has registered and 
paid an entry fee to, and is fishing under the rules of, a recreational 
HMS fishing tournament registered as required under Sec. 635.5(d)
    (29) [Reserved]

[[Page 529]]

    (30) Fish for any HMS, other than Atlantic BAYS tunas, with speargun 
fishing gear, as specified at Sec. 635.21(i).
    (31) Harvest or fish for BAYS tunas using speargun gear with 
powerheads, or any other explosive devices, as specified in Sec. 
635.21(i).
    (32) Sell, purchase, barter for, or trade for an Atlantic BAYS tuna 
harvested with speargun fishing gear, as specified at Sec. 
635.31(a)(1).
    (33) Fire or discharge speargun gear without being physically in the 
water, as specified at Sec. 635.21(i).
    (34) Use speargun gear to harvest a BAYS tuna restricted by fishing 
lines or other means, as specified at Sec. 635.21(i).
    (35) Use speargun gear to fish for BAYS tunas from a vessel that 
does not possess either a valid HMS Angling or HMS Charter/Headboat 
permit, as specified at Sec. 635.21(i).
    (36) Possess J-hooks onboard a vessel that has pelagic longline gear 
onboard, and that has been issued, or is required to have, a limited 
access swordfish, shark, or Atlantic Tunas Longline category permit for 
use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of 
Mexico, except when green-stick gear is onboard, as specified at Sec. 
635.21(c)(2)(vii)(A) and (c)(5)(iii)(C)(3).
    (37) Use or deploy J-hooks with pelagic longline gear from a vessel 
that has been issued, or is required to have, a limited access 
swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico.
    (38) Possess more than 20 J-hooks onboard a vessel that has been 
issued, or is required to have, a limited access swordfish, shark, or 
tuna Longline category permit for use in the Atlantic Ocean, including 
the Caribbean Sea and the Gulf of Mexico, when possessing onboard both 
pelagic longline gear and green-stick gear as defined at Sec. 635.2.
    (39) Use or deploy more than 10 hooks at one time on any individual 
green-stick gear.
    (40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1 
mm), when measured in a straight line over the longest distance from the 
eye to any other part of the hook, when fishing with or possessing 
green-stick gear onboard a vessel that has been issued, or is required 
to have, a limited access swordfish, shark, or tuna longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
the Gulf of Mexico.
    (41) Fail to report bluefin catch by pelagic longline or purse seine 
gear, through VMS as specified at Sec. 635.69(e)(4).
    (42) Fail to report all dead discards or landings of bluefin through 
the NMFS electronic catch reporting system within 24 hours of landing or 
the end of the trip as specified at Sec. 635.5(a)(4).
    (43) Fish for, retain, possess, or land albacore tuna when the 
fishery is closed, as specified in Sec. 635.28(d).
    (44) Buy, purchase, trade, or barter for albacore tuna when the 
fishery is closed, as specified in Sec. 635.31(a)(2)(ii).
    (45) Fail to comply with landing report requirements, as specified 
under Sec. 635.5(b)(2)(i)(A).
    (46) Deploy or fish with any fishing gear from a vessel with a 
pelagic longline on board that does not have an approved and working EM 
system as specified in Sec. 635.9; tamper with, or fail to install, 
operate or maintain one or more components of the EM system; obstruct 
the view of the camera(s); or fail to handle bluefin tuna in a manner 
that allows the camera to record the fish; as specified in Sec. 635.9.
    (47) Depart on a fishing trip or deploy or fish with any fishing 
gear from a vessel with a pelagic longline on board without a minimum 
amount of IBQ allocation available for that vessel, as specified in 
Sec. 635.15(b)(3), as applicable.
    (48) Depart on a fishing trip or deploy or fish with any fishing 
gear from a vessel with a pelagic longline on board without accounting 
for bluefin caught on a previous trip as specified in Sec. 
635.15(b)(4)(ii).
    (49) Lease bluefin quota allocation to or from the owner of a vessel 
not issued a valid Atlantic Tunas Longline permit or not an Atlantic 
Tunas Purse Seine participant as specified under Sec. 635.15(c)(1).
    (50) Fish in the Gulf of Mexico with pelagic longline gear on board 
if the vessel has only designated Atlantic IBQ allocation, as specified 
under Sec. 635.15(b)(2).
    (51) Depart on a fishing trip or deploy or fish with any fishing 
gear from a

[[Page 530]]

vessel with a pelagic longline on board in the Gulf of Mexico, without a 
minimum amount of designated GOM IBQ allocation available for that 
vessel, as specified in Sec. 635.15(b)(3).
    (52) If leasing IBQ allocation, fail to provide all required 
information on the application, as specified under Sec. 635.15(c)(2).
    (53) Lease IBQ allocation in an amount that exceeds the amount of 
IBQ allocation associated with the lessor, as specified under Sec. 
635.15(c)(2).
    (54) Sell quota share, as specified under Sec. 635.15(d).
    (55) Fail to provide bluefin tuna landings and dead discard 
information as specified at Sec. 635.15(b)(4)(iii).
    (56) Fish with or have pelagic longline gear on board if any trip 
level quota debt associated with the vessel from a preceding trip has 
not been settled, as specified at Sec. 635.15(b)(5)(i).
    (57) Lease IBQ allocation during the period from 6 p.m. December 31 
to 2 p.m. January 1 (Eastern Time) as specified at Sec. 
635.15(c)(3)(iv).
    (58) Lease IBQ allocation if the conditions of paragraph Sec. 
635.15(c)(2) are not met.
    (59) Fish with or have pelagic longline gear on board if any annual 
level quota debt associated with the vessel from a preceding year has 
not been settled, as specified at Sec. 635.15(b)(5)(ii).
    (c) Billfish. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) As specified in Sec. 635.19(c), retain a billfish harvested by 
gear other than rod and reel, or retain a billfish on board a vessel 
unless that vessel has been issued an Atlantic HMS Angling or Charter/
Headboat permit or has been issued an Atlantic Tunas General category 
permit and is participating in a tournament in compliance with Sec. 
635.4(c).
    (2) Transfer a billfish in port or at sea, as specified inSec. 
635.29(a).
    (3) Fail to maintain a billfish in the form specified in Sec. 
635.30(b).
    (4) Sell or purchase a billfish, as specified in Sec. 635.31(b).
    (5) Retain onboard a vessel a longbill spearfish, or a blue marlin, 
white marlin, roundscale spearfish, or sailfish that is less than the 
minimum size specified in Sec. 635.20(d).
    (6) As the owner of a vessel permitted, or required to be permitted, 
in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category, 
fail to report a billfish, as specified in Sec. 635.5(c)(2) or (c)(3).
    (7) Deploy a J-hook or an offset circle hook in combination with 
natural bait or a natural bait/artificial lure combination when 
participating in a tournament for, or including, Atlantic billfish, as 
specified in Sec. 635.21(f).
    (8) Take, retain, or possess an Atlantic blue marlin, white marlin, 
and roundscale spearfish when the fishery for these species has been 
restricted to catch and release fishing only, as specified in Sec. 
635.27(d).
    (d) Shark. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Exceed a recreational retention limit for shark, as specified in 
Sec. 635.22(c).
    (2) Exceed a commercial retention limit for shark, as specified in 
Sec. 635.24(a).
    (3) Retain, possess, or land a shark of a species or management 
group when the fishery for that species, management group, region, and/
or sub-region is closed, as specified in Sec. 635.28(b).
    (4) Sell or purchase a shark of a species or management group when 
the fishery for that species, management group, region, and/or sub-
region is closed, as specified in Sec. 635.28(b).
    (5) Transfer a shark in port or at sea, as specified inSec. 
635.29(a).
    (6) Fail to maintain a shark in its proper form, as specified in 
Sec. 635.30(c). Fail to maintain naturally attached shark fins through 
offloading as specified in Sec. 635.30(c), except for under the 
conditions specified in Sec. 635.30(c)(5).
    (7) Sell or purchase smooth dogfish fins that are disproportionate 
to the weight of smooth dogfish carcasses, as specified in Sec. 
635.30(c)(5).
    (8) Fail to have shark fins and carcasses weighed and recorded, as 
specified in Sec. 635.30(c).
    (9) Fail to comply with the restrictions on sale and purchase of a 
shark, as specified in Sec. 635.31(c).
    (10) Retain, possess, sell, or purchase a prohibited shark, 
including parts or

[[Page 531]]

pieces of prohibited sharks, as specified under Sec. Sec. 635.22(c), 
635.24(a), and 635.27(b), or fail to disengage any hooked or entangled 
prohibited shark with the least harm possible to the animal as specified 
at Sec. 635.21(d).
    (11) First receive or attempt to first receive Atlantic sharks 
without a valid Federal Atlantic shark dealer or proxy Atlantic shark 
identification workshop certificate issued to the dealer or proxy or 
fail to be certified for completion of a NMFS Atlantic shark 
identification workshop in violation of Sec. 635.8.
    (12) Fish for Atlantic sharks with unauthorized gear or possess 
Atlantic sharks on board a vessel with unauthorized gear on board as 
specified in Sec. 635.19(d).
    (13) Fish for Atlantic sharks with a gillnet or possess Atlantic 
sharks on board a vessel with a gillnet on board, except as specified in 
Sec. 635.21(g).
    (14) First receive or attempt to first receive Atlantic sharks 
without making available for inspection, at each of the dealer's places 
of business listed on the dealer permit which first receives Atlantic 
sharks, an original, valid dealer or proxy Atlantic shark identification 
workshop certificate issued by NMFS to the dealer or proxy in violation 
of Sec. 635.8(b), except that trucks or other conveyances of the 
business must possess a copy of such certificate.
    (15) Sell or transfer or attempt to sell or transfer a shark or 
sharks or part of a shark or sharks in excess of the retention limits 
specified in Sec. 635.24(a).
    (16) First receive or attempt to first receive a shark or sharks or 
part of a shark or sharks landed in excess of the retention limits 
specified in Sec. 635.24(a).
    (17) Replace sharks that are onboard the vessel for retention with 
sharks of higher quality or size that are caught later in a particular 
trip as specified in Sec. 635.24(a).
    (18) Retain or possess on board a vessel in the trawl fishery 
smoothhound sharks in an amount that exceeds 25 percent, by weight, of 
the total fish on board or offloaded from the vessel, as specified at 
Sec. 635.24(a)(7).
    (19) Retain, possess, transship, land, store, sell or purchase silky 
sharks, oceanic whitetip sharks, or scalloped, smooth, or great 
hammerhead sharks as specified in Sec. 635.21(c)(1)(ii), Sec. 
635.22(a)(2), Sec. 635.24, and Sec. 635.31(c)(6).
    (20) Retain, possess, or land porbeagle sharks that were alive at 
the time of haulback as specified in Sec. Sec. 635.21(c)(1)(iii), 
635.22(a)(3), and 635.24 (a)(10).
    (e) Swordfish. It is unlawful for any person or vessel subject to 
the jurisdiction of the United States to:
    (1) Purchase, barter for, or trade for a swordfish from the north or 
south Atlantic swordfish stock without a dealer permit as specified in 
Sec. 635.4(g), unless the harvesting vessel possesses a valid HMS 
Commercial Caribbean Small Boat permit issued under Sec. 635.4 of this 
part and harvested the swordfish in the U.S. Caribbean as defined at 
Sec. 622.2.
    (2) Fail to comply with the restrictions on use of a pelagic 
longline specified in Sec. 635.21(b) and (c).
    (3) When the directed fishery for swordfish is closed, exceed the 
limits specified in Sec. 635.28(c)(1)(i) and (c)(1)(ii).
    (4) When the incidental catch fishery for swordfish is closed, 
possess, land, sell, or purchase a swordfish, as specified in Sec. 
635.28(c)(2).
    (5) Transfer a swordfish in port or at sea, as specified in Sec. 
635.29(a).
    (6) Fail to maintain a swordfish in the form specified in Sec. 
635.30(d).
    (7) Fail to comply with the restrictions on sale and purchase of a 
swordfish, as specified in Sec. 635.31(d).
    (8) Fish for North Atlantic swordfish from, possess North Atlantic 
swordfish on board, or land North Atlantic swordfish from a vessel using 
or having on board gear other than pelagic longline, green-stick gear, 
or handgear, except as specified at Sec. 635.19(e).
    (9) Fish for swordfish from the South Atlantic swordfish stock using 
any gear other than pelagic longline.
    (10) Fish for, catch, possess, retain, or land an Atlantic swordfish 
using, or captured on, ``buoy gear'' as defined at Sec. 635.2, unless 
the vessel owner has been issued a swordfish directed limited access 
permit or a swordfish handgear limited access permit in accordance with 
Sec. 635.4(f) or a valid HMS Commercial Caribbean Small Boat permit in 
accordance with Sec. 635.4(o).
    (11) As the owner of a vessel permitted, or required to be 
permitted, in the swordfish directed, swordfish

[[Page 532]]

handgear limited access permit category, or issued a valid HMS 
Commercial Caribbean Small Boat permit and utilizing buoy gear, to 
possess or deploy more than 35 individual floatation devices, to deploy 
more than 35 individual buoy gears per vessel, or to deploy buoy gear 
without affixed monitoring equipment, as specified at Sec. 635.21(h).
    (12) Fail to mark each buoy gear as required at Sec. 635.6(c)(1).
    (13) Exceed the incidental catch retention limits specified at Sec. 
635.24(b).
    (14) Exceed the recreational catch limit for North Atlantic 
swordfish, as specified in Sec. 635.22(f).
    (15) As the owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or the Atlantic HMS Charter/
Headboat category (and only when on a for-hire trip), fail to report a 
North Atlantic swordfish, as specified in Sec. 635.5(c)(2) or (c)(3).
    (16) Possess any HMS, other than Atlantic swordfish, harvested with 
buoy gear as specified at Sec. 635.19 unless issued a valid HMS 
Commercial Caribbean Small Boat permit and operating within the U.S. 
Caribbean as defined at Sec. 622.2 of this chapter.
    (17) Fail to construct, deploy, or retrieve buoy gear as specified 
at Sec. 635.21(e)(4)(iii).
    (18) As the owner of a vessel permitted, or required to be 
permitted, in the Swordfish General Commercial permit category, possess 
North Atlantic swordfish taken from its management unit by any gear 
other than rod and reel, handline, bandit gear, green-stick, or harpoon 
gear, as specified in Sec. 635.19(e).

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.71, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



               Sec. Appendix A to Part 635--Species Tables

            Table 1 of Appendix A to Part 635--Oceanic Sharks
A. Large Coastal Sharks
  Atlantic and Gulf of Mexico blacktip, Carcharhinus limbatus
  Bull, Carcharhinus leucas
  Great hammerhead, Sphyrna mokarran
  Lemon, Negaprion brevirostris
  Nurse, Ginglymostoma cirratum
  Sandbar, Carcharhinus plumbeus
  Scalloped hammerhead, Sphyrna lewini
  Silky, Carcharhinus falciformis
  Smooth hammerhead, Sphyrna zygaena
  Spinner, Carcharhinus brevipinna
  Tiger, Galeocerdo cuvier
B. Small Coastal Sharks
  Atlantic and Gulf of Mexico Atlantic sharpnose, Rhizoprionodon
   terraenovae
  Atlantic and Gulf of Mexico blacknose, Carcharhinus acronotus
  Atlantic and Gulf of Mexico bonnethead, Sphyrna tiburo
  Finetooth, Carcharhinus isodon
C. Pelagic Sharks
  Blue, Prionace glauca
  Oceanic whitetip, Carcharhinus longimanus
  Porbeagle, Lamna nasus
  Shortfin mako, Isurus oxyrinchus
  Thresher, Alopias vulpinus
D. Prohibited Sharks
  Atlantic angel, Squatina dumeril
  Basking, Cetorhinus maximus
  Bigeye sand tiger, Odontaspis noronhai
  Bigeye sixgill, Hexanchus nakamurai
  Bigeye thresher, Alopias superciliosus
  Bignose, Carcharhinus altimus
  Caribbean reef, Carcharhinus perezii
  Caribbean sharpnose, Rhizoprionodon porosus
  Dusky, Carcharhinus obscurus
  Galapagos, Carcharhinus galapagensis
  Longfin mako, Isurus paucus
  Narrowtooth, Carcharhinus brachyurus
  Night, Carcharhinus signatus
  Sand tiger, Carcharias taurus
  Sevengill, Heptranchias perlo
  Sixgill, Hexanchus griseus
  Smalltail, Carcharhinus porosus
  Whale, Rhincodon typus
  White, Carcharodon carcharias
E. Smoothhound Sharks
  Smooth dogfish, Mustelus canis
  Florida smoothhound, Mustelus norrisi
  Gulf smoothhound, Mustelus sinusmexicanus Mustelus species
------------------------------------------------------------------------

           Table 2 of Appendix A to Part 635--Pelagic Species

Albacore tuna, Thunnus alalunga
Bigeye tuna, Thunnus obesus
Blue shark, Prionace glauca
Bluefin tuna, Thunnus thynnus
Dolphin fish, Coryphaena hippurus
Oceanic whitetip shark, Carcharhinus longimanus
Porbeagle shark, Lamna nasus
Shortfin mako shark, Isurus oxyrinchus
Skipjack tuna, Katsuwonus pelamis
Swordfish, Xiphias gladius
Thresher shark, Alopias vulpinus

[[Page 533]]

Wahoo, Acanthocybium solandri
Yellowfin tuna, Thunnus albacares

           Table 3 of Appendix A to Part 635--Demersal Species

Atlantic sharpnose shark, Rhizoprionodon terraenovae
Black grouper, Mycteroperca bonaci
Blackfin snapper, Lutjanus buccanella
Blacknose shark, Carcharhinus acronotus
Blacktip shark, Carcharhinus limbatus
Blueline tilefish, Caulolatilus microps
Bonnethead shark, Sphyrna tiburo
Bull shark, Carcharhinus leucas
Cubera snapper, Lutjanus cyanopterus
Dog snapper, Lutjanus jocu
Finetooth shark, Carcharhinus isodon
Gag grouper, Mycteroperca microlepis
Lane snapper, Lutjanus synagris
Lemon shark, Negaprion brevirostris
Mangrove snapper, Lutjanus griseus
Marbled grouper, Dermatolepis inermis
Misty grouper, Epinephelus mystacinus
Mutton snapper, Lutjanus analis
Nurse shark, Ginglymostoma cirratum
Queen snapper, Etelis oculatus
Red grouper, Epinephelus morio
Red hind, Epinephelus guttatus
Red snapper, Lutjanus campechanus
Rock hind, Epinephelus adscensionis
Sand tilefish, Malacanthus plumieri
Sandbar shark, Carcharhinus plumbeus
Schoolmaster snapper, Lutjanus apodus
Silk snapper, Lutjanus vivanus
Snowy grouper, Epinephelus niveatus
Speckled hind, Epinephelus drummondhayi
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
Tilefish, Lopholatilus chamaeleonticeps
Vermilion snapper, Rhomboplites aurorubens
Warsaw grouper, Epinephelus nigritus
Yellowedge grouper, Epinephelus flavolimbatus
Yellowfin grouper, Mycteroperca venenosa
Yellowtail snapper, Ocyurus chrysurus

[64 FR 29135, May 28, 1999, as amended at 71 FR 58174, Oct. 2, 2006; 75 
FR 30528, June 1, 2010; 76 FR 70066, Nov. 10, 2011; 78 FR 40349, July 3, 
2013; 80 FR 50102, Aug. 18, 2015; 80 FR 73146, Nov. 24, 2015]

                           PART 644 [RESERVED]



PART 648_FISHERIES OF THE NORTHEASTERN UNITED STATES--
Table of Contents



                      Subpart A_General Provisions

Sec.
648.1 Purpose and scope.
648.2 Definitions.
648.3 Relation to other laws.
648.4 Vessel permits.
648.5 Operator permits.
648.6 Dealer/processor permits.
648.7 Recordkeeping and reporting requirements.
648.8 Vessel identification.
648.9 VMS vendor and unit requirements.
648.10 VMS and DAS requirements for vessel owners/operators.
648.11 At-sea sea sampler/observer coverage.
648.12 Experimental fishing.
648.13 Transfers at sea.
648.14 Prohibitions.
648.15 Facilitation of enforcement.
648.16 Penalties.
648.17 Exemptions for vessels fishing in the NAFO Regulatory Area.
648.18 [Reserved]

  Subpart B_Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries

648.20 Mid-Atlantic Fishery Management Council ABC control rules.
648.21 Mid-Atlantic Fishery Management Council risk policy.
648.22 Atlantic mackerel, squid, and butterfish specifications.
648.23 Mackerel, squid, and butterfish gear restrictions.
648.24 Fishery closures and accountability measures.
648.25 Atlantic Mackerel, squid, and butterfish framework adjustments to 
          management measures.
648.26 Mackerel, squid, and butterfish possession restrictions.

            Subpart C_Management Measures for Atlantic Salmon

648.40 Prohibition on possession.
648.41 Framework specifications.

   Subpart D_Management Measures for the Atlantic Sea Scallop Fishery

648.50 Shell-height standard.
648.51 Gear and crew restrictions.
648.52 Possession and landing limits.
648.53 Acceptable biological catch (ABC), annual catch limits (ACL), 
          annual catch targets (ACT), DAS allocations, and individual 
          fishing quotas (IFQ).
648.54 State waters exemption.
648.55 Framework adjustments to management measures.
648.56 Scallop research.
648.57 Sea Scallop area rotation program.
648.58 Rotational closed areas.
648.59 Sea Scallop access areas.
648.60 Sea scallop access area program requirements.
648.61 EFH closed areas.
648.62 Northern Gulf of Maine (NGOM) Management Program.
648.63 General category Sectors and harvesting cooperatives.

[[Page 534]]

648.64 Yellowtail flounder sub-ACLs and AMs for the scallop fishery.
648.65 Windowpane flounder sub-ACL and AM for the scallop fishery.

   Subpart E_Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries

648.70 Surfclam and ocean quahog Annual Catch Limit (ACL).
648.71 Surfclam and ocean quahog Annual Catch Targets (ACT).
648.72 Surfclam and ocean quahog specifications.
648.73 Surfclam and ocean quahog Accountability Measures.
648.74 Individual Transferable Quota (ITQ) Program.
648.75 Shucking at sea and minimum surfclam size.
648.76 Closed areas.
648.77 Cage identification.
648.78 Maine mahogany quahog zone.
648.79 Surfclam and ocean quahog framework adjustments to management 
          measures.

   Subpart F_Management Measures for the NE Multispecies and Monkfish 
                                Fisheries

648.80 NE Multispecies regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.81 NE multispecies closed areas and measures to protect EFH.
648.82 Effort-control program for NE multispecies limited access 
          vessels.
648.83 Multispecies minimum fish sizes.
648.84 Gear-marking requirements and gear restrictions.
648.85 Special management programs.
648.86 NE Multispecies possession restrictions.
648.87 Sector allocation.
648.88 Multispecies open access permit restrictions.
648.89 Recreational and charter/party vessel restrictions.
648.90 NE Multispecies assessment, framework procedures and 
          specifications, and flexible area action system.
648.91 Monkfish regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.92 Effort-control program for monkfish limited access vessels.
648.93 Monkfish minimum fish sizes.
648.94 Monkfish possession and landing restrictions.
648.95 Offshore Fishery Program in the SFMA.
648.96 FMP review, specification, and framework adjustment process.
648.97 Closed areas.

      Subpart G_Management Measures for the Summer Flounder Fishery

648.100 Summer flounder Annual Catch Limit (ACL).
648.101 Summer flounder Annual Catch Target (ACT).
648.102 Summer flounder specifications.
648.103 Summer flounder accountability measures.
648.104 Summer flounder minimum fish sizes.
648.105 Summer flounder recreational fishing season.
648.106 Summer flounder possession restrictions.
648.107 Conservation equivalent measures for the summer flounder 
          fishery.
648.108 Summer flounder gear restrictions.
648.109 Sea turtle conservation.
648.110 Summer flounder framework adjustments to management measures.

           Subpart H_Management Measures for the Scup Fishery

648.120 Scup Annual Catch Limit (ACL).
648.121 Scup Annual Catch Target (ACT).
648.122 Scup specifications.
648.123 Scup accountability measures.
648.124 Scup commercial season and commercial fishery area restrictions.
648.125 Scup gear restrictions.
648.126 Scup minimum fish sizes.
648.127 Scup recreational fishing season.
648.128 Scup possession restrictions.
648.129 Protection of threatened and endangered sea turtles.
648.130 Scup framework adjustments to management measures.

      Subpart I_Management Measures for the Black Sea Bass Fishery

648.140 Black sea bass Annual Catch Limit (ACL).
648.141 Black sea bass Annual Catch Target (ACT).
648.142 Black sea bass specifications.
648.143 Black sea bass Accountability Measures.
648.144 Black sea bass gear restrictions.
648.145 Black sea bass possession limit.
648.146 Black sea bass recreational fishing season.
648.147 Black sea bass minimum fish sizes.
648.148 Special management zones.
648.149 Black sea bass framework adjustments to management measures.

     Subpart J_Management Measures for the Atlantic Bluefish Fishery

648.160 Bluefish Annual Catch Limit (ACL).
648.161 Bluefish Annual Catch Targets (ACTs).
648.162 Bluefish specifications.

[[Page 535]]

648.163 Bluefish Accountability Measures (AMs).
648.164 Bluefish possession restrictions.
648.165 Bluefish minimum fish sizes.
648.166 Bluefish gear restrictions.
648.167 Bluefish framework adjustment to management measures.

     Subpart K_Management Measures for the Atlantic Herring Fishery

648.200 Specifications.
648.201 AMs and harvest controls.
648.202 Season and area restrictions.
648.203 Gear restrictions.
648.204 Possession restrictions.
648.205 VMS requirements.
648.206 Framework provisions.
648.207 Herring Research Set-aside (RSA)

       Subpart L_Management Measures for the Spiny Dogfish Fishery

648.230 Spiny dogfish Annual Catch Limits (ACLs).
648.231 Spiny dogfish Annual Catch Target (ACT) and Total Allowable 
          Level of Landings (TAL).
648.232 Spiny dogfish specifications.
648.233 Spiny dogfish Accountability Measures (AMs).
648.234 Gear restrictions. [Reserved]
648.235 Spiny dogfish possession and landing restrictions.
648.236 Special Management Zones. [Reserved]
648.237-648.238 [Reserved]
648.239 Spiny dogfish framework adjustments to management measures.

Subpart M_Management Measures for the Atlantic Deep-Sea Red Crab Fishery

648.260 Specifications.
648.261 Framework adjustment process.
648.262 Accountability measures for red crab limited access vessels.
648.263 Red crab possession and landing restrictions.
648.264 Gear requirements/restrictions.

         Subpart N_Management Measures for the Tilefish Fishery

648.290 Tilefish Annual Catch Limit (ACL).
648.291 Tilefish Annual Catch Target (ACT).
648.292 Tilefish specifications.
648.293 Tilefish accountability measures.
648.294 Individual fishing quota (IFQ) program.
648.295 Tilefish incidental trip limits.
648.296 Tilefish recreational possession limit.
648.297 Tilefish gear restricted areas.
648.298 Blueline tilefish management measures.
648.299 Tilefish framework specifications.

    Subpart O_Management Measures for the NE Skate Complex Fisheries

648.320 Skate FMP review and monitoring.
648.321 Framework adjustment process.
648.322 Skate allocation, possession, and landing provisions.
648.323 Accountability measures.

Figure 1 to Part 648

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34968, July 3, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 648 appear at 62 FR 
14651, Mar. 27, 1997.



                      Subpart A_General Provisions



Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMPs) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic 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 tilefish fishery 
(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.

[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]



Sec. 648.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 
600.10 of this

[[Page 536]]

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 croaker means Micropogonias undulatus.
    Atlantic deep-sea red crab (red crab) means Chaceon quinquedens.
    Atlantic hagfish means Myxine glutinosa.
    Atlantic herring means Clupea harengus.
    Atlantic herring carrier means a fishing vessel that may receive and 
transport herring caught by another fishing vessel, provided the vessel 
has been issued a herring permit, does not have any gear on board 
capable of catching or processing herring, and that has on board a 
letter of authorization from the Regional Administrator to transport 
herring caught by another fishing vessel or has declared an Atlantic 
herring carrier trip via VMS consistent with the requirements at Sec. 
648.4(a)(10)(ii).
    Atlantic herring dealer means:
    (1) Any person who purchases or receives for a commercial purpose 
other than solely for transport or pumping operations any herring from a 
vessel issued a Federal Atlantic herring permit, whether offloaded 
directly from the vessel or from a shore-based pump, for any purpose 
other than for the purchaser's own use as bait;
    (2) Any person owning or operating a processing vessel that receives 
any Atlantic herring from a vessel issued a Federal Atlantic herring 
permit whether at sea or in port; or
    (3) Any person owning or operating an Atlantic herring carrier that 
sells Atlantic herring received at sea or in port from a vessel issued a 
Federal Atlantic herring permit.
    Atlantic herring offload means to remove, begin to remove, to pass 
over the rail, or otherwise take Atlantic herring off of or away from 
any vessel issued an Atlantic herring permit for sale to either a 
permitted at-sea Atlantic herring dealer or a permitted land-based 
Atlantic herring dealer.
    Atlantic herring processor means a person who receives unprocessed 
Atlantic herring from a fishing vessel issued a Federal Atlantic herring 
permit or from an Atlantic herring dealer for the purposes of 
processing; or the owner or operator of a fishing vessel that processes 
Atlantic herring; or an Atlantic herring dealer who purchases Atlantic 
herring from a fishing vessel with a Federal Atlantic herring permit for 
resale as bait.
    Atlantic herring transfer at-sea means a transfer from the hold, 
deck, codend, or purse seine of a vessel issued an Atlantic herring 
permit to another vessel for personal use as bait, to an Atlantic 
herring carrier or at-sea processor, to a permitted transshipment 
vessel, or to another permitted Atlantic herring vessel. Transfers 
between vessels engaged in pair trawling are not herring transfers at-
sea.

[[Page 537]]

    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    Beam trawl means gear, consisting of a twine bag attached to a beam 
attached to a towing wire, designed so that the beam does not contact 
the bottom. The beam is constructed with sinkers or shoes on either side 
that support the beam above the bottom or any other modification so that 
the beam does not contact the bottom. The beam trawl is designed to 
slide along the bottom rather than dredge the bottom.
    Black sea bass means Centropristis striata.
    Black Sea Bass Monitoring Committee means a committee made up of 
staff representatives of the Mid-Atlantic, New England, and South 
Atlantic Fishery Management Councils, the Northeast Regional Office of 
NMFS, the Northeast Fisheries Science Center, and Commission 
representatives. The Council Executive Director or his designee chairs 
the Committee.
    Black sea bass pot or black sea bass trap means any such gear used 
in catching and retaining black sea bass.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Blueback herring means Alosa aestivalis.
    Bluefish means Pomotomus saltatrix.
    Bluefish Monitoring Committee means a committee made up of staff 
representatives of the Mid-Atlantic Fishery Management Council, the New 
England Fishery Management Council, and South Atlantic Fishery 
Management Council, the NMFS Northeast Regional Office, the NMFS 
Northeast Fisheries Science Center, and the Commission. The Mid-Atlantic 
Fishery Management Council's Executive Director or a designee chairs the 
committee.
    Blueline tilefish means Caulolatilus microps.
    Bonito means Sarda sarda.
    Border transfer (BT) means the amount of herring specified pursuant 
to Sec. 648.200 that may be transferred to a Canadian transport vessel 
that is permitted under the provisions of Pub. L. 104-297, section 
105(e).
    Bottom-tending mobile gear, with respect to the NE multispecies and 
tilefish fisheries, means gear in contact with the ocean bottom, and 
towed from a vessel, which is moved through the water during fishing in 
order to capture fish, and includes otter trawls, beam trawls, hydraulic 
dredges, non-hydraulic dredges, and seines (with the exception of a 
purse seine).
    Brush-sweep trawl gear means trawl gear consisting of alternating 
roller discs and bristle brushes that are strung along cables, chains, 
or footropes, and aligned together to form the sweep of the trawl net, 
designed to allow the trawl sweep to maintain contact with the ocean 
floor, or any modification to trawl gear that is substantially similar 
in design or effect.
    Bushel (bu) means a standard unit of volumetric measurement deemed 
to hold 1.88 ft\3\ (53.24 L) of surfclams or ocean quahogs in shell, or 
1.24 ft\3\ (35.24 L) of in-shell Atlantic sea scallops.
    Cage means a container with a standard unit of volumetric 
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a 
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5 
ft (152 cm) high.
    Chafing gear or cookies, with respect to the scallop fishery, means 
steel, rubberized or other types of donut rings, disks, washers, twine, 
or other material attached to or between the steel rings of a sea 
scallop dredge.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in recreational fishing and, with respect to 
multispecies, that is not fishing under a DAS.
    Circle hook, with respect to the NE multispecies fishery, means a 
fishing hook with the point turned perpendicularly back to the shank, or 
an offset circle hook where the barbed end of the hook is displaced 
relative to the parallel plane of the eyed-end, or shank, of the hook 
when laid on its side.

[[Page 538]]

    Combination vessel means a vessel that has fished in any one 
calendar year with scallop dredge gear and otter trawl gear during the 
period 1988 through 1990, and that is eligible for an allocation of 
individual DAS under the NE Multispecies FMP and has applied for or been 
issued a limited access scallop permit.
    Commercial fishing or fishing commercially means fishing that is 
intended to, or results in, the barter, trade, transfer, or sale of 
fish.
    Commission means the Atlantic States Marine Fisheries Commission.
    Common pool trip, with respect to the NE multispecies fishery, means 
any trip taken by a common pool vessel under a NE multispecies DAS or 
under the provisions of a limited access NE multispecies Small Vessel or 
Handgear A permit, or an open access Handgear B permit that lands 
regulated species or ocean pout.
    Common pool vessel, with respect to the NE multispecies fishery, 
means any vessel issued a limited access NE multispecies permit or open 
access NE multispecies Handgear B permit that is not a member of an 
approved sector for a particular fishing year and that is not operating 
under the provisions of an approved sector operations plan. Such vessels 
must use a NE multispecies DAS, or be fishing under the provisions of a 
limited access NE multispecies Small Vessel or Handgear A permit, or an 
open access Handgear B permit, to land regulated species or ocean pout, 
and must comply with effort controls, trip limits, gear restricted 
areas, and other provisions specified in this part. Vessels fishing 
under the provisions of the common pool are also referred to as non-
sector vessels.
    Conger eel means Conger oceanicus.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
NE multispecies, monkfish, and NE skate fisheries; or the Mid-Atlantic 
Fishery Management Council (MAFMC) for the Atlantic mackerel, squid, and 
butterfish; Atlantic surfclam and ocean quahog; summer flounder, scup, 
and black sea bass; spiny dogfish; Atlantic bluefish; and tilefish 
fisheries.
    Councils with respect to the monkfish fishery and spiny dogfish 
fishery means the New England Fishery Management Council (NEFMC) and the 
Mid-Atlantic Fishery Management Council (MAFMC).
    Cunner means Tautogolabrus adspersus.
    DAS flip, with respect to the NE multispecies fishery, means ending 
fishing under a Regular B DAS and beginning fishing under a Category A 
DAS.
    DAS Lease, with respect to the NE multispecies limited access 
fishery, means the transfer of the use of DAS from one limited access NE 
multispecies vessel to another limited access NE multispecies vessel for 
a period not to exceed a single fishing year.
    DAS Lessee, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that acquires the use of DAS from another NE 
multispecies limited access vessel.
    DAS Lessor, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that transfers the use of DAS to another NE 
multispecies limited access vessel.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
monkfish fisheries (except as described in Sec. 648.82(k)(1)(iv)), and 
the Atlantic sea scallop fishery, means the 24-hr period of time or any 
part thereof during which a fishing vessel is absent from port to fish 
for, possess, or land, or fishes for, possesses or lands, regulated 
species, monkfish, or scallops.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), from the owner or operator of 
a vessel issued a valid permit under this part, any species of fish, the 
harvest of which is managed by this part, unless otherwise exempted in 
this part.
    Dealer code means a confidential five-digit number assigned to each 
dealer required to submit purchases using the IVR system for the purpose 
of maintaining the integrity of the data reported through the IVR 
system.

[[Page 539]]

    De-hooker, with respect to the NE multispecies hook gear fishery, 
means the fairlead rollers when used in a manner that extracts fish 
hooks from caught fish, also known as ``crucifiers.''
    Dockside/roving monitor, with respect to the NE multispecies 
fishery, means any person responsible for observing/verifying the 
offloads of all species by common pool or sector vessels either directly 
to a federally permitted dealer or to a truck for later delivery to a 
federally permitted dealer, and for certifying the accuracy of landed 
weights, as reported by federally permitted dealers, pursuant to this 
part.
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be or 
is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in the top of a dredge and immediately adjacent rings and links 
found between the bail of the dredge, the club stick, and the two side 
panels. The bail of the dredge is the rigid structure of the forward 
portion of the dredge that connects to the warp and holds the dredge 
open. The club stick is the rigid bar at the tail of the dredge bag that 
is attached to the rings.
    Dredge vessel, with respect to the scallop fishery, means any 
fishing vessel that is equipped for fishing using dredge gear and that 
is capable of catching scallops.
    Electronic monitoring, with respect to the NE multispecies fishery, 
means any equipment that is used to monitor area fished and the amount 
and identity of species kept and discarded in lieu of at-sea monitors as 
part of an approved Sector at-sea monitoring program.
    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies, and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, diving 
gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets, 
pelagic gillnets, pots and traps, shrimp trawls (with a properly 
configured grate as defined under this part), and surfclam and ocean 
quahog dredges.
    Fishing circle, with respect to the NE multispecies limited access 
fishery, means the calculated circumference of a bottom trawl based on 
the number of meshes and stretched mesh length at the narrow, aft end of 
the square of the net.
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Fishing year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year.
    (2) For the NE multispecies, monkfish and skate fisheries, from May 
1 through April 30 of the following year.
    (3) For the tilefish fishery, from November 1 through October 31 of 
the following year.
    (4) For all other fisheries in this part, from January 1 through 
December 31.
    Fixed gear, for the purposes of the Atlantic herring fishery, means 
weirs or stop seines.
    Flatfish gillnets means gillnets that are either constructed with no 
floats on the float line, or that are constructed with floats on the 
float line and that have tie-down twine between the float line and the 
lead line not more than 48 inches (18.90 cm) in length and spaced not 
more than 15 feet (4.57 m) apart.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Full-processing (fully process or fully processed), with respect to 
the Atlantic deep-sea red crab fishery, means any activity that removes 
meat from any part of a red crab.
    Gillnet gear capable of catching multispecies means all gillnet gear 
except pelagic gillnet gear specified at

[[Page 540]]

Sec. 648.81(f)(5)(ii) and pelagic gillnet gear that is designed to fish 
for and is used to fish for or catch tunas, swordfish, and sharks.
    Gross registered tonnage (GRT) means the gross registered tonnage 
specified on the USCG documentation for a vessel.
    Hagfish means Myxine glutinosa.
    Hail Weight means a good-faith estimate in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded for each trip.
    Handgear, with respect to the NE multispecies fishery, means 
handline gear, rod and reel gear, and tub-trawl gear.
    Handline or handline gear means fishing gear that is released by 
hand and consists of one main line to which is attached no more than two 
leaders for a total of no more than three hooks. Handlines are retrieved 
only by hand, not by mechanical means.
    Harbor porpoise means Phocoena phocoena.
    Harbor Porpoise Review Team (HPRT) means a team of scientific and 
technical experts appointed by the NEFMC to review, analyze, and propose 
harbor porpoise take mitigation alternatives.
    Hickory shad means Alosa mediocris.
    Hook gear means fishing gear that is comprised of a hook or hooks 
attached to a line and includes, but is not limited to, longline, 
setline, jigs, troll line, rod and reel, and line trawl.
    Illex means Illex illecebrosus (short-finned or summer squid).
    Incidental Total Allowable Catch (TAC), with respect to the NE 
multispecies fishery, means the total amount of catch (both kept and 
discarded) of a regulated groundfish stock of concern that can be taken 
by vessels fishing under Category B DAS.
    Individual Transferable Quota (ITQ) Program means, for the Atlantic 
surfclam and ocean quahog fishery, the annual individual allocation of 
quota specified at Sec. 648.74.
    Inshore exempted species means the following species:

Bay scallop--Aequipecten irradians.
Blood arc clam--Anadara ovalis.
Blood worm--Glycera dibranchiata.
Blue crab--Callinectes similis and Callinectes sapidus.
Blue mussel--Mytilus edulis.
Green crab--Carcinus maenas.
Hermit crab--Clibanarius vittatus, Pagurus pollicaris and Pagurus 
longicarpus.
Japanese shore crab--Hemigrapsus sanguineus.
Oyster--Crassostrea virginica and Ostrea edulis.
Quahog--Mercenaria mercenaria.
Razor clam--Ensis directus.
Sand worm--Neresis virens.
Soft clam--Mya arenaria.
Spider crabLibinia emarginata.

    Interest in an IFQ allocation means: An allocation of quota share or 
annual IFQ allocation held by an individual; or by a company in which 
the individual is an owner, part owner, officer, shareholder, or 
partner; or by an immediate family member (an individual's parents, 
spouse, children, and siblings).
    IVR System means the Interactive Voice Response reporting system 
established by the Regional Administrator for the purpose of monitoring 
harvest levels for certain species.
    Jigging, with respect to the NE multispecies fishery, means fishing 
for regulated species with handgear, handline, or rod and reel using a 
jig, which is a weighted object attached to the bottom of the line used 
to sink the line and/or imitate a baitfish, which is moved (``jigged'') 
with an up and down motion.
    John Dory means Zenopsis conchifera.
    JVPt, with respect to the Atlantic herring fishery, means the 
specification of the total amount of herring available for joint venture 
processing by foreign vessels in the EEZ and state waters.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Lessee means:
    (1) A vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec. 648.82(k); or
    (2) A person or entity eligible to hold tilefish IFQ allocation, who 
receives temporarily transferred tilefish IFQ allocation, as specified 
at Sec. 648.294(e)(1).
    Lessor means:
    (1) A vessel owner who temporarily transfers NE multispecies DAS to 
another vessel through the DAS Leasing Program specified at Sec. 
648.82(k); or

[[Page 541]]

    (2) An IFQ Allocation permit holder who temporarily transfers 
tilefish IFQ Allocation, as specified at Sec. 648.294(e)(1).
    Limited access general category (LAGC) scallop vessel means a vessel 
that has been issued an individual fishing quota (IFQ), Northern Gulf of 
Maine (NGOM), or incidental catch LAGC scallop permit pursuant to Sec. 
648.4(a)(2)(ii). An LAGC scallop vessel may also be issued a limited 
access scallop permit.
    Limited access herring vessel means a vessel that has been issued a 
valid permit for any type of limited access herring vessel permit 
described in Sec. 648.4.
    Limited access scallop vessel means a vessel that has been issued a 
limited access full-time, part-time, or occasional scallop permit 
pursuant to Sec. 648.4(a)(2)(i). A limited access scallop vessel may 
also be issued an LAGC scallop permit.
    Liner means a piece of mesh or any other material rigged inside or 
outside the main or outer net or dredge that restricts the mesh or ring 
size or otherwise reduces escapement.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    Little tunny means Euthynnus alleteratus.
    Longfin squid means Doryteuthis (Amerigo) pealeii (formerly Loligo 
pealeii).
    Longhorn sculpin means Myoxocephalus octodecimspinosus.
    Longline gear means fishing gear that is or is designed to be set 
horizontally, either anchored, floating, or attached to a vessel, and 
that consists of a main or ground line with three or more gangions and 
hooks.
    Mahogany Quahog see Ocean Quahog
    Maine bushel means a standard unit of volumetric measurement equal 
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
    Maine mahogany quahog zone means the area bounded on the east by the 
U.S.-Canada maritime boundary, on the south by a straight line at 
43 deg.50' N. latitude, and on the north and west by the shoreline of 
Maine.
    MCSP means a Mobile Communications Service Provider, which is an 
operator of a mobile communications service used to provide wireless 
connectivity between mobile platforms and fixed platforms, and enables 
location transmission and two-way message exchange between the vessel 
and NMFS, when using a compatible MTU.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    Midwater trawl gear means trawl gear that is designed to fish for, 
is capable of fishing for, or is being used to fish for pelagic species, 
no portion of which is designed to be or is operated in contact with the 
bottom at any time. The gear may not include discs, bobbins, or rollers 
on its footrope, or chafing gear as part of the net.
    Mobile gear means trawls, beam trawls, and dredges that are designed 
to maneuver with that vessel.
    Monkfish, also known as anglerfish or goosefish, means Lophius 
americanus.
    Monkfish gillnets means gillnet gear with mesh size no smaller than 
10-inches (25.4 cm) diamond mesh that is designed and used to fish for 
and catch monkfish while fishing under a monkfish DAS.
    Monkfish Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC and MAFMC to review, analyze, and 
recommend adjustments to the management measures. The team consists of 
staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, 
NEFSC, the USCG, two fishing industry representatives selected by their 
respective Council chairman (one from each management area with at least 
one of the two representing either the Atlantic sea scallop or northeast 
multispecies fishery), and staff from affected coastal states, appointed 
by the Atlantic States Marine Fisheries Commission. The Chair is elected 
by the Committee from within its ranks, subject to the approval of the 
Chairs of the NEFMC and MAFMC.
    Monkfish-only DAS means monkfish DAS allocated to a limited access 
monkfish Category C, D, F, G, or H permit that are in excess of that 
permit's initial allocation of Northeast multispecies Category A DAS at 
the beginning of a fishing year.

[[Page 542]]

    MTU means a Mobile Transmitting Unit, which is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard installed on a 
fishing vessel participating in the VMS program.
    Mullet means any species in the family Mugilidae.
    Multispecies frames, also known as multispecies racks, means the 
remains of the multispecies finfish after it has been filleted or 
processed, not including the fillet.
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC to review, analyze, and recommend 
adjustments to the measurement measures. The team consists of staff from 
the NEFMC and the MAFMC, NMFS Northeast Region Office, NEFSC, the USCG, 
an industry representative, and no more than two representatives, 
appointed by the Commission, from affected states.
    NAFO means Northwest Atlantic Fisheries Organization.
    NAFO Convention Area means the waters of the Northwest Atlantic 
Ocean north of 35 deg.00' N. lat. and west of a line extending due north 
from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N. lat., 
thence due west to 44 deg.00' W. long., and thence due north to the 
coast of Greenland and the waters of the Gulf of St. Lawrence, Davis 
Strait and Baffin Bay south of 78 deg.10' N. lat.
    NAFO Regulatory Area means the part of the NAFO Convention Area 
which lies beyond the 200-mile zone of the coastal states.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    NE Skate Complex (skates) means Leucoraja ocellata (winter skate); 
Dipturis laevis (barndoor skate); Amblyraja radiata (thorny skate); 
Malacoraja senta (smooth skate); Leucoraja erinacea (little skate); Raja 
eglanteria (clearnose skate); and Leucoraja garmani (rosette skate).
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Non-exempt gillnet fishery means a fishery which uses gillnet gear 
capable of catching multispecies.
    Non-exempt species means species of fish not included under the GOM, 
GB and SNE Regulated Mesh Area exempted fisheries, as specified in Sec. 
648.80(a)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii); (b)(5) 
through (8); and (d), (e), (h), and (i).
    Northeast (NE) multispecies or multispecies means the following 
species:

    American plaice--Hippoglossoides platessoides.
    Atlantic cod--Gadus morhua.
    Atlantic halibut--Hippoglossus hippoglossus.
    Atlantic wolffish--Anarhichas lupus.
    Haddock--Melanogrammus aeglefinus.
    Ocean pout--Macrozoarces americanus.
    Offshore hake--Merluccius albidus.
    Pollock--Pollachius virens.
    Redfish--Sebastes fasciatus.
    Red hake--Urophycis chuss.
    Silver hake (whiting)--Merluccius bilinearis.
    White hake--Urophycis tenuis.
    Windowpane flounder--Scophthalmus aquosus.
    Winter flounder--Pleuronectes americanus.
    Witch flounder--Glyptocephalus cynoglossus.
    Yellowtail flounder--Pleuronectes ferruginea.

    Northern shrimp means Pandalus borealis.
    Not available for immediate use means that the gear is not being 
used for fishing and is stowed in conformance with one of the following 
methods:
    (1) Nets--(i) Below-deck stowage. (A) The net is stored below the 
main working deck from which it is deployed and retrieved;
    (B) The net is fan-folded (flaked) and bound around its 
circumference.
    (ii) On-deck stowage. (A) The net is fan-folded (flaked) and bound 
around its circumference;
    (B) The net is securely fastened to the deck or rail of the vessel; 
and
    (C) The towing wires, including the leg wires, are detached from the 
net.
    (iii) On-reel stowage. (A) The net is on the net reel;
    (B) The codend of the net is removed from the net and stored below 
deck; and
    (C) The entire surface of the net is covered and securely bound by:
    (1) Canvas of other similar opaque material; or
    (2) A highly visible orange or yellow mesh material that is not 
capable of catching fish or being utilized as fishing gear. An example 
of highly visible

[[Page 543]]

orange or yellow mesh includes but is not limited to the orange fence 
material commonly used to enclose construction sites.
    (iv) On-reel stowage for vessels transiting the Gulf of Maine 
Rolling Closure Areas and the Georges Bank Seasonal Closure Area. (A) If 
a vessel is transiting the Gulf of Maine Rolling Closure Areas and the 
Georges Bank Seasonal Closure Area, not available for immediate use also 
means, the net is on the net reel;
    (B) No containment rope, codend tripping device, or other mechanism 
to close off the codend is attached to the codend;
    (C) The entire surface of the net is covered and securely bound by:
    (1) Canvas of other similar opaque material; or
    (2) A highly visible orange or yellow mesh material that is not 
capable of catching fish or being utilized as fishing gear. Highly 
visible orange or yellow mesh includes but is not limited to the orange 
fence material commonly used to enclose construction sites.
    (2) Scallop dredges. (i) The towing wire is detached from the 
scallop dredge, the towing wire is completely reeled up onto the winch, 
the dredge is secured, and the dredge or the winch is covered so that it 
is rendered unusable for fishing; or
    (ii) The towing wire is detached from the dredge and attached to a 
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, 
with the towing wire left in its normal operating position (through the 
various blocks) and either is wound back to the first block (in the 
gallows) or is suspended at the end of the lifting block where its 
retrieval does not present a hazard to the crew and where it is readily 
visible from above.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, are covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, high 
flyers, and anchors are disconnected.
    (5) Other methods of stowage. Any other method of stowage authorized 
in writing by the Regional Administrator and subsequently published in 
the Federal Register.
    Observer/sea sampler means any person certified/approved by NMFS to 
collect operational fishing data, biological data, or economic data 
through direct observation and interaction with operators of commercial 
fishing vessels as part of NMFS' Northeast Fisheries Observer Program 
and Northeast At-sea Monitoring Program. Observer/sea samplers are also 
referred to as fisheries observers, fisheries observers/sea samplers, 
and NMFS-certified fisheries observers/sea samplers.
    Ocean quahog means the species Arctica islandica.
    Offload or offloading means to begin to remove, to remove, to pass 
over the rail, or otherwise take away fish from any vessel. For purposes 
of the surfclam and ocean quahog fishery, it means to separate 
physically a cage from a vessel, such as by removing the sling or wire 
used to remove the cage from the harvesting vessel.
    Open areas, with respect to the Atlantic sea scallop fishery, means 
any area that is not subject to restrictions of the Sea Scallop Access 
Areas specified in Sec. Sec. 648.59 and 648.60, Rotational Closed Areas 
specified in Sec. 648.58, EFH Closed Areas specified in Sec. 648.61, 
or the Northern Gulf of Maine Management Area specified in Sec. 648.62.
    Operational discards in the Atlantic herring fishery means small 
amounts of fish that cannot be pumped on board and remain in the codend 
or seine at the end of pumping operations. Leaving small amounts of fish 
in the codend or seine at the end of pumping operations is operationally 
discarding catch.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the monkfish fishery means the period of time during which a 
vessel is not fishing for monkfish under the monkfish DAS program.
    Out of the multispecies fishery means the period of time during 
which a vessel is not fishing for regulated species under the NE 
multispecies DAS program.

[[Page 544]]

    Pair trawl or pair trawling means to tow a single net between two 
vessels.
    Parlor trap/pot means any structure or other device, other than a 
net, with more than one compartment inside designed to impede escape of 
lobsters or crabs from the device or structure, which is placed, or 
designed to be placed, on the ocean bottom and is designed for, or is 
capable of, catching lobsters and/or red crabs.
    Pelagic hook and line gear means handline or rod and reel gear that 
is designed to fish for, or that is being used to fish for, pelagic 
species, no portion of which is designed to be or is operated in contact 
with the bottom at any time.
    Pelagic longline gear means fishing gear that is not fixed, nor 
designed to be fixed, nor anchored to the bottom and that consists of 
monofilament main line (as opposed to a cable main line) to which 
gangions are attached.
    Permit year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year;
    (2) For all other fisheries in this part, from May 1 through April 
30 of the following year.
    Personal use, with respect to the surfclam or ocean quahog fishery, 
means harvest of surfclams or ocean quahogs for use as bait, for human 
consumption, or for other purposes (not including sale or barter) in 
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
    Person who receives bluefish for commercial purposes means any 
person (excluding representatives of governmental agencies) engaged in 
the sale, barter, or trade of bluefish received from a fisherman, or one 
who transports bluefish from a fisherman.
    Postmark means independently verifiable evidence of date of mailing, 
such as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or 
other private carrier postmark, certified mail receipt, overnight mail 
receipt, or receipt received upon hand delivery to an authorized 
representative of NMFS.
    Potential Sector contribution (PSC), with respect to the NE 
multispecies fishery, means an individual vessel's share of the ACL for 
each stock of regulated species or ocean pout that is derived from the 
fishing history associated with the permit issued to that particular 
vessel for the purposes of participating in a sector and contributing to 
that sector's ACE for each stock allocated to sectors under the NE 
Multispecies FMP.
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C, D, F, G, or H permit provisions that are also fishing under 
a NE multispecies DAS, means no more than 1 hour prior to the time a 
vessel leaves the last dock or mooring in port from which that vessel 
departs to engage in fishing, including the transport of fish to another 
port. With respect to the call-in notification system for monkfish 
vessels that are fishing under the limited access monkfish Category A or 
B permit provisions, it means prior to the last dock or mooring in port 
from which a vessel departs to engage in fishing, including the 
transport of fish to another port.
    Private recreational fishing vessel, with respect to the NE 
multispecies fishery, means a vessel engaged in recreational fishing 
that has not been issued a Federal NE multispecies permit, does not sell 
fish, and does not take passengers for hire.
    Processing, or to process, with respect to the Atlantic herring 
fishery, means the preparation of Atlantic herring to render it suitable 
for human consumption, bait, commercial uses, industrial uses, or long-
term storage, including but not limited to cooking, canning, roe 
extraction, smoking, salting, drying, freezing, or rendering into meat 
or oil.
    Processor, with respect to the Atlantic surfclam and ocean quahog 
fisheries, means a person who receives surfclams or ocean quahogs for a 
commercial purpose and removes them from a cage.
    Purse seine gear means an encircling net with floats on the top 
edge, weights and a purse line on the bottom edge, and associated gear, 
or any net designed to be, or capable of being, used in such fashion.
    Quota-managed species means any species of finfish managed under 
this part

[[Page 545]]

by an annual or seasonal quota, by annual target or actual TAC, or by 
DAH limits.
    Records, with respect to records required to be kept by Sec. 648.7, 
means those that include, but are not limited to, any written, recorded, 
graphic, electronic, or digital material; as well as other information 
stored in or accessible through a computer or other information 
retrieval system; worksheets; weighout slips; preliminary, interim, and 
final tally sheets; tags; notes; logbooks; statements; receipts; checks; 
ledgers; notebooks; diaries; spreadsheets; diagrams; graphs; charts; 
tapes; disks; or computer printouts.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel, with respect to the scup fishery, means 
any vessel from which no fishing other than recreational fishing is 
conducted. Charter and party boats are considered recreational fishing 
vessels for purposes of the scup minimum size requirement.
    Red Crab Management Unit means an area of the Atlantic Ocean from 
35 deg. 15.3' N. Lat., the approximate latitude of Cape Hatteras Light, 
NC, northward to the U.S.-Canada border, extending eastward from the 
shore to the outer boundary of the exclusive economic zone and northward 
to the U.S.-Canada border in which the United States exercises exclusive 
jurisdiction over all Atlantic deep-sea red crab fished for, possessed, 
caught, or retained in or from such area.
    Red crab trap/pot means any structure or other device, other than a 
net or parlor trap/pot, that is placed, or designed to be placed, on the 
ocean bottom and is designed for, or is capable of, catching red crabs.
    Red crab trip, with respect to the Atlantic deep-sea red crab 
fishery, means a trip on which a vessel fishes for, possesses, or lands, 
or intends to fish for, possess, or land red crab in excess of the 
incidental limit, as specified at Sec. 648.263(b)(1).
    Regional Administrator means the Administrator, Northeast Region, 
NMFS, or a designee.
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson-Stevens Act.
    Regulated species, means the subset of NE multispecies that includes 
Atlantic cod, witch flounder, American plaice, yellowtail flounder, 
haddock, pollock, winter flounder, windowpane flounder, redfish, white 
hake, Atlantic halibut, and Atlantic wolffish. Regulated species is also 
referred to as regulated NE multispecies.
    Reporting month means the period of time beginning at 0001 hours 
local time on the first day of each calendar month and ending at 2400 
hours local time on the last day of each calendar month.
    Reporting week means the period of time beginning at 0001 local time 
on Sunday and ending at 2400 hours local time the following Saturday.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for a species in the applicable fishery.
    Rigged hooks means hooks that are baited, or only need to be baited, 
in order to be fished. Unsecured, unbaited hooks and gangions are not 
considered to be rigged.
    River herring means alewife (Alosa pseudoharengus) and blueback 
herring (Alosa aestivalis).
    Rockhopper and roller gear means trawl gear configured with disks, 
rollers, or other similar shaped devices that are attached to the bottom 
belly of the trawl, contact the sea bottom, and that are designed to 
raise the bottom panel of the trawl off the ocean bottom so as to enable 
the gear to be fished on hard bottom.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    Rotational Closed Area, with respect to the Atlantic sea scallop 
fishery, means an area that is closed only to scallop fishing for a 
period defined in Sec. 648.58.
    Roundfish gillnets means gillnets that are constructed with floats 
on the float line and that have no tie-down twine between the float line 
and the lead line.
    Runaround gillnet or encircling gillnet means a rectangular net 
placed upright in the water column in a circular fashion with an opening 
equal to or less than \1/4\ the length of the net or with an opening 
greater than \1/4\ the length of

[[Page 546]]

the net, if the opening is obstructed in any fashion.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use scallop dredge gear.
    Scup means Stenotomus chrysops.
    Scup Monitoring Committee means a committee made up of staff 
representative of the MAFMC, NEFMC, South Atlantic Fishery Management 
Council, the NMFS Northeast Regional Office, the NEFSC, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Scup pot or trap means a pot or trap used in catching and retaining 
scup.
    Sea Scallop Access Area, with respect to the Atlantic sea scallop 
fishery, means an area that has been designated under the Atlantic Sea 
Scallop Fishery Management Plan as an area with area-specific management 
measures that are designed to control fishing effort and mortality on 
only the portion of the scallop resource within the specified Sea 
Scallop Access Area. Such measures are not applicable in Open Areas 
defined above.
    Sea Scallop Plan Development Team (PDT) means a team of technical 
experts appointed by the NEFMC.
    Sea raven means Hemitripterus americanus.
    Searobin means any species of the family Triglidae.
    Sector, with respect to the NE multispecies fishery, means a group 
of persons holding limited access NE multispecies permits who have 
voluntarily entered into a contract and agree to certain fishing 
restrictions for a specified period of time, and that have been 
allocated a portion of the TACs of species managed under the NE 
Multispecies FMP to achieve objectives consistent with the applicable 
goals and objectives of the FMP. Each sector must meet the sector 
eligibility and minimum size requirements specified in Sec. 
648.87(a)(3) and (4) to be approved by NMFS.
    Sector trip, with respect to the NE multispecies fishery, means any 
trip taken by a sector vessel subject to the restrictions and conditions 
of an approved sector operations plan, as specified in Sec. 648.87(c), 
in which the vessel declared its intent to fish in the NE multispecies 
fishery pursuant to Sec. 648.10.
    Sector vessel, with respect to the NE multispecies fishery, means 
any vessel assigned a permit that is a member of an approved sector for 
a particular fishing year and that is subject to the restrictions and 
conditions of an approved sector operations plan, as specified in Sec. 
648.87.
    Set-only trip means a fishing trip on which any federally permitted 
vessel deploys gear with the intention of retrieving it on a separate 
trip and does not haul-back or retrieve any gear capable of catching 
fish on the set-only trip.
    Shad means American shad (Alosa sapidissima) and hickory shad (Alosa 
mediocris).
    Shucking or to shuck means opening or to open a scallop, surfclam, 
or ocean quahog and removing the meat or the adductor muscle from the 
shell.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from a scallop, surfclam, or 
ocean quahog shell.
    Sink gillnet or bottom-tending gillnet means any gillnet, anchored 
or otherwise, that is designed to be, or is fished on or near, the 
bottom in the lower third of the water column.
    Skate means members of the Family Rajidae, including: Leucoraja 
ocellata (winter skate); Dipturis laevis (barndoor skate); Amblyraja 
radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja 
erinacea (little skate); Raja eglanteria (clearnose skate); and 
Leucoraja garmani (rosette skate).
    Skate Management Unit means an area of the Atlantic Ocean from 
35 deg.15.3' N. lat., the approximate latitude of Cape Hatteras Light, 
NC, northward to the U.S.-Canada border, extending eastward from the 
shore to the outer boundary of the EEZ and northward to the U.S.-Canada 
border in which the United States exercises exclusive jurisdiction over 
all skates fished for, possessed, caught, or retained in or from such 
area.
    Slip(s) or slipping catch in the Atlantic herring fishery means 
discarded catch from a vessel issued an Atlantic herring permit that is 
carrying a NMFS-approved observer prior to the catch

[[Page 547]]

being brought on board or prior to the catch being made available for 
sampling and inspection by a NMFS-approved observer after the catch is 
on board. Slip(s) or slipping catch includes releasing fish from a 
codend or seine prior to the completion of pumping the fish on board and 
the release of fish from a codend or seine while the codend or seine is 
in the water. Slippage or slipped catch refers to fish that are slipped. 
Slippage or slipped catch does not include operational discards, 
discards that occur after the catch is brought on board and made 
available for sampling and inspection by a NMFS-approved observer, or 
fish that inadvertently fall out of or off fishing gear as gear is being 
brought on board the vessel.
    Small-mesh multispecies means the subset of Northeast multispecies 
that includes silver hake, offshore hake, and red hake.
    Smooth dogfish means Mustelis canis.
    Sorting machine, with respect to the Atlantic sea scallop fishery, 
means any mechanical device that automatically sorts whole scallops by 
shell height, size, or other physical characteristics.
    Spiny dogfish means Squalus acanthias.
    Spiny Dogfish Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, the NMFS Northeast Regional 
Office, the Northeast Fisheries Science Center, and the states, as well 
as two ex-officio industry members (one from each Council jurisdiction). 
The MAFMC Executive Director or a designee chairs the committee.
    Spot means Leiostomus xanthurus.
    Square mesh, with respect to the NE multispecies fishery, means mesh 
in which the horizontal bars of the mesh run perpendicular to the long 
axis of the net so when the net is placed under a strain the mesh 
remains open to a square-like shape. Square mesh can be formed by 
hanging diamond mesh ``on the square,'' if the resulting mesh conforms 
with the above description of square mesh.
    Squid means longfin squid (Doryteuthis (Amerigo) pealeii, formerly 
Loligo pealeii) or Illex illecebrosus.
    Standard tote means a box typically constructed of plastic, designed 
to hold 100 lb (45.3 kg) of fish plus ice, and that has a liquid 
capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic 
ft or 70.79 cubic cm).
    State-operated permit bank means a depository established and 
operated by a state through an agreement between NMFS and a state in 
which Federal grant funds have been used by the state to obtain Federal 
fishing vessel permits so that the fishing access privileges associated 
with those permits may be allocated to qualified persons and that meets 
the requirement of Sec. 648.87(e).
    Static gear, with respect to the NE multispecies fishery, means 
stationary gear, usually left for a period of time in one place, that 
depends on fish moving to the gear, and includes gillnets, longlines, 
handgear, traps, and pots.
    Stock of concern, with respect to the NE multispecies fishery, means 
a stock that is in an overfished condition, or that is subject to 
overfishing.
    Stocks targeted by the default measures, with respect to the NE 
multispecies fishery, are: American plaice, and SNE/MA yellowtail 
flounder for the 2006 fishing year; and American plaice, GB cod, GOM 
cod, CC/GOM yellowtail flounder, SNE/MA yellowtail flounder, white hake 
and SNE/MA winter flounder for the 2009 fishing year.
    Stretched mesh, with respect to the NE multispecies Ruhle Trawl, 
means mesh that is pulled so that slack in the mesh is eliminated and 
the mesh opening is closed.
    Sub-lease, with respect to the NE multispecies fishery, means the 
leasing of DAS that have already been leased to another vessel.
    Summer flounder means Paralichthys dentatus.
    Summer Flounder Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast 
Regional Office, the NEFSC, the Southeast Science Center, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Surfclams means Atlantic surfclams of the species Spisula 
solidissima.
    Sweep, with respect to the NE multispecies limited access fishery, 
means the part of a bottom trawl that, during

[[Page 548]]

normal use, is in contact with the sea floor along the outer edges of 
the lower webbing of the net.
    Swordfish means Xiphias gladius.
    Target total allowable catch (TAC) means the annual domestic harvest 
targets for regulated species.
    Tautog (blackfish) means Tautoga onitas.
    Tied up to the dock or tying up at a dock means tied up at a dock, 
on a mooring, or elsewhere in a harbor.
    Tilefish means golden tilefish, Lopholatilus chamaeleonticeps, 
unless otherwise specified.
    Tilefish FMP Monitoring Committee means a committee made up of staff 
representatives of the MAFMC, the NMFS Northeast Regional Office, the 
Northeast Fisheries Science Center, up to three state representatives 
(the New England states having one representative and the Mid-Atlantic 
states having a maximum of two representatives) and one non-voting 
industry member. The MAFMC Executive Director or his designee chairs the 
committee.
    Tilefish Management Unitmeans an area of the Atlantic Ocean from the 
latitude of the VA and NC border (36 deg.33.36' N. Lat.), extending 
eastward from the shore to the outer boundary of the exclusive economic 
zone and northward to the United States-Canada border in which the 
United States exercises exclusive jurisdiction over all golden tilefish 
(Lopholatilus chamaeleonticeps) fished for, possessed, caught or 
retained in or from such area.
    Total Length (TL) means the straight-line distance from the tip of 
the snout to the end of the tail (caudal fin) while the fish is lying on 
its side. For black sea bass, Total Length (TL) means the straight-line 
distance from the tip of the snout to the end of the tail (caudal fin), 
excluding any caudal filament, while the fish is lying on its side.
    Transboundary Management Guidance Committee (TMGC), with respect to 
the NE multispecies fishery, means the technical sub-committee that 
provides non-binding guidance to the U.S./Canada Steering Committee, 
comprised of government and industry representatives from U.S. and 
Canada.
    Transboundary Resource Advisory Committee (TRAC), with respect to 
the NE multispecies fishery, means a committee consisting of scientific 
staff from NMFS and Canada's Department of Fisheries and Oceans that 
jointly assess the status of the shared U.S./Canada stocks of cod, 
haddock, and yellowtail flounder.
    Transfer means to begin to remove, to remove, to pass over the rail, 
or to otherwise take away fish from any vessel and move them to another 
vessel.
    Transferee means a vessel owner who receives permanently transferred 
NE multispecies DAS and potentially other permits from another vessel 
through the DAS Transfer Program specified at Sec. 648.82(l).
    Transferor means a vessel owner who permanently transfers NE 
multispecies DAS and potentially other permits to another vessel through 
the DAS Transfer Program specified at Sec. 648.82(l).
    Trawl means gear consisting of a net that is towed, including but 
not limited to beam trawls, pair trawls, otter trawls, and Danish and 
Scottish seine gear.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    Trip Identifier means the complete serial number of the vessel 
logbook page completed for that trip.
    Tub-trawl, with respect to the NE multispecies fishery, means gear 
designed to be set horizontally on the bottom, with an anchored mainline 
to which are attached three or more gangions and hooks. Tub-trawls are 
retrieved only by hand, not by mechanical means.
    Tuna purse seine gear, with respect to the NE multispecies fishery, 
means encircling gear designed and utilized to harvest pelagic tuna.
    Under construction means that the keel had been laid or the vessel 
was under written agreement for construction or the vessel was under 
written contract for purchase.
    Upon returning to port, means, for purposes of the call-in 
notification system for the NE multispecies and monkfish fisheries, upon 
first tying up at a dock at the end of a fishing trip.
    U.S. at-sea processing (USAP), with respect to the Atlantic herring 
fishery, means the specification, pursuant to Sec. 648.200, of the 
amount of herring

[[Page 549]]

available for processing by U.S. vessels issued an Atlantic herring 
processing permit as described in Sec. 648.4(a)(10)(ii).
    U.S./Canada Steering Committee, with respect to the NE multispecies 
fishery, means the joint U.S./Canada committee consisting of staff from 
NMFS and Canada's Department of Fisheries and Oceans that has overall 
responsibility for the U.S./Canada Resource Sharing Understanding.
    Used DAS baseline, with respect to the NE multispecies fishery, 
means the number of DAS that represent the historic level of DAS use 
associated with a particular limited access permit, as described in 
Sec. 648.82(l).
    Vessel length means the length specified on the USCG documentation 
for a vessel or on the state registration for a vessel not required to 
be documented under title 46 U.S.C., if the state length is verified by 
an authorized officer or NMFS official.
    Vessel Monitoring System (VMS) means a vessel monitoring system or 
VMS unit as set forth in Sec. 648.9 and approved by NMFS for use on 
Atlantic sea scallop, NE multispecies, monkfish, Atlantic herring, and 
Atlantic surfclam and ocean quahog vessels, as required by this part.
    VMS unit means a device installed on board a vessel used for vessel 
monitoring and transmitting the vessel's position as required by this 
part.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.
    Whiting Monitoring Committee (WMC) means a team appointed by the 
NEFMC to review, analyze, and recommend adjustments to the management 
measures addressing small-mesh multispecies. The team consists of staff 
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, the 
USCG, at least one industry representative from each geographical area 
(northern New England, southern New England, and the Mid-Atlantic), and 
no more than two representatives, appointed by the Commission, from 
affected states.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 81 FR 39594, June 17, 2016, Sec. 648.2 was 
amended by adding a definition for ``Blueline tilefish'' in alphabetical 
order, effective June 17, 2016 through Dec. 14, 2016.



Sec. 648.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705.
    (b) Nothing in these regulations supersedes more restrictive state 
management measures for any of the species referenced in Sec. 648.1 
and, for Atlantic salmon, more restrictive local management measures.



Sec. 648.4  Vessel permits.

    (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 Sec. 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 Sec. 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 Sec. 
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

[[Page 550]]

    (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 initial limited access handgear permit 
before May 1, 2005. For fishing years beyond the 2004 fishing year, the 
provisions of paragraph (a)(1)(i)(B) of this section apply.
    (B) Application/renewal restrictions. All limited access or 
moratorium permits established under this section must be issued on an 
annual basis by the last day of the permit year for which the permit is 
required, unless a confirmation of permit history (CPH) has been issued 
as specified in paragraph (a)(1)(i)(J) of this section. If a vessel is 
issued more than one limited access or moratorium permit under this 
section, these permits will be regarded as a permit suite. Permit 
renewal or relinquishment must be made at the time the first permit 
application is submitted for a new permit year. Application for limited 
access or moratorium permits must be received no later than 30 days 
before the last day of the permit year of the earliest expiration date 
for any permit in the suite of such permits issued to the vessel. 
Failure to renew a limited access or moratorium permit in any permit 
year bars the renewal of the permit in subsequent years. Open access 
permits may not be issued to a vessel eligible to renew a limited access 
or moratorium permit until such time that the vessel's limited access or 
moratorium permit(s) are renewed or voluntarily relinquished pursuant to 
paragraph (a)(1)(i)(K) of this section, or otherwise transferred from 
the vessel.
    (C) Qualification restriction. Unless the Regional Administrator 
determines otherwise, no more than one vessel may qualify, at any one 
time, for a limited access permit or CPH based on that or another 
vessel's fishing and permit history. If more than one vessel owner 
claims eligibility for a limited access permit or CPH, based on one 
vessel's fishing and permit history, the Regional Administrator will 
determine who is entitled to qualify for the permit or CPH and any DAS 
allocation according to paragraph (a)(1)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the vessel's 
fishing and permit history for purposes of replacing the vessel.
    (E) Replacement vessels. An owner of a vessel that has been issued 
any limited access or moratorium permit under this section is limited to 
one vessel replacement permit year, using the earliest permit year start 
date of the limited access or moratorium permits for which the vessel is 
eligible, unless the vessel has been rendered inoperable and non-
repairable. With the exception of vessels that have obtained a limited 
access Handgear A permit described in Sec. 648.82(b)(6), to be eligible 
for a limited access or moratorium permit under this section, the 
replacement vessel must meet the following criteria and any other 
applicable criteria under paragraph (a)(1)(i)(F) of this section:
    (1) The replacement vessel's horsepower may not exceed the 
horsepower of the vessel's baseline specifications by more than 20 
percent, as applicable.
    (2) The replacement vessel's length overall may not exceed the 
length overall of the vessel's baseline specifications by more than 10 
percent, as applicable.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, only if the upgrade complies with the following:
    (1) The upgraded vessel's horsepower may not exceed the horsepower 
of the vessel's baseline specifications by more than 20 percent, as 
applicable.
    (2) The upgraded vessel's length overall may not exceed the vessel's 
baseline length overall by more than 10 percent, as applicable.

[[Page 551]]

    (G) Consolidation restriction. Except as provided for in the NE 
Multispecies DAS Leasing Program, as specified in Sec. 648.82(k), and 
the NE Multispecies DAS Transfer Program as specified in Sec. 
648.82(l), limited access permits and DAS allocations may not be 
combined or consolidated.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, horsepower) of the vessel that was initially issued a limited 
access permit as of the date the initial vessel applied for such permit.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access NE multispecies permit in only one category during a 
fishing year. Vessels may not change limited access NE multispecies 
permit categories during the fishing year, except as provided in 
paragraph (a)(1)(i)(I)(2) of this section. A vessel issued a limited 
access NE multispecies Hook-gear permit or a limited access Handgear A 
permit may not change its limited access permit category at any time.
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. The owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category upon the vessel's permit 
application and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of the effective date of the vessel's permit. If such a 
request is not received within 45 days, the vessel owner may not request 
a change in permit category and the vessel permit category will remain 
unchanged for the duration of the fishing year. A vessel may not fish in 
more than one multispecies permit category during a fishing year.
    (J) Confirmation of permit history. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, must apply for and receive 
a CPH if the fishing and permit history of such vessel has been retained 
lawfully by the applicant. To be eligible to obtain a CPH, the applicant 
must show that the qualifying vessel meets the eligibility requirements, 
as applicable, in this part. Issuance of a valid CPH preserves the 
eligibility of the applicant to apply for a limited access permit for a 
replacement vessel based on the qualifying vessel's fishing and permit 
history at a subsequent time, subject to the replacement provisions 
specified in this section. If fishing privileges have been assigned or 
allocated previously under this part, based on the qualifying vessel's 
fishing and permit history, the CPH also preserves such fishing 
privileges. A CPH must be applied for in order for the applicant to 
preserve the fishing rights and limited access eligibility of the 
qualifying vessel. An application for a CPH must be received by the 
Regional Administrator no later than 30 days prior to the end of the 
first full fishing year in which a vessel permit cannot be issued. 
Failure to do so is considered abandonment of the permit as described in 
paragraph (a)(1)(i)(K) of this section. A CPH issued under this part 
will remain valid until the fishing and permit history preserved by the 
CPH is used to qualify a replacement vessel for a limited access permit. 
Any decision regarding the issuance of a CPH for a qualifying vessel 
that has applied for or been issued previously a limited access permit 
is a final agency action subject to judicial review under 5 U.S.C. 704. 
Information requirements for the CPH application are the same as those 
for a limited access permit. Any request for information about the 
vessel on the CPH application form refers to the qualifying vessel that 
has been sunk, destroyed, or transferred. Vessel permit applicants who 
have been issued a CPH and who wish to obtain a vessel permit for a 
replacement vessel based upon the previous vessel history may do so 
pursuant to paragraph (a)(1)(i)(E) of this section.
    (K) Abandonment or voluntary relinquishment of a limited access or 
moratorium permit. If a vessel's limited access or moratorium permit for 
a particular fishery is voluntarily relinquished to

[[Page 552]]

the Regional Administrator or abandoned through failure to renew or 
otherwise, no limited access or moratorium permit for that fishery may 
be reissued or renewed based on that vessel's limited access or 
moratorium permit history or to any other vessel relying on that 
vessel's limited access or moratorium permit history.
    (L) Restriction on permit splitting. A limited access permit issued 
pursuant to this section may not be issued to a vessel or its 
replacement or remain valid, if the vessel's permit or fishing history 
has been used to qualify another vessel for another Federal fishery.
    (M) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for a limited access multispecies Handgear A permit 
who is denied such permit may appeal the denial to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
must be based on the grounds that the information used by the Regional 
Administrator was based on incorrect data, must be in writing, and must 
state the grounds for the appeal.
    (2) Appeal review. The Regional Administrator will appoint a 
designee who will make the initial decision on the appeal. The appellant 
may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator, which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator will issue a 
final decision on the appeal. The Regional Administrator's decision is 
the final administrative action of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access Handgear A multispecies permit may fish under the limited access 
multispecies Handgear A category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish under the 
limited access category. The Regional Administrator will issue such a 
letter for the pendency of any appeal. Any such decision is the final 
administrative action of the Department of Commerce on allowable fishing 
activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Administrator shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (ii) Open access permits. A vessel of the United States that has not 
been issued and is not eligible to be issued a limited access 
multispecies permit is eligible for and may be issued an ``open access 
multispecies'', ``handgear'', or ``charter/party'' permit, and may fish 
for, possess on board, and land multispecies finfish subject to the 
restrictions in Sec. 648.88. A vessel that has been issued a valid 
limited access scallop permit, but that has not been issued a limited 
access multispecies permit, is eligible for and may be issued an open 
access scallop multispecies possession limit permit and may fish for, 
possess on board, and land multispecies finfish subject to the 
restrictions in Sec. 648.88. The owner of a vessel issued an open 
access permit may request a different open access permit category by 
submitting an application to the Regional Administrator at any time.
    (2) Atlantic sea scallop vessels--Any vessel of the United States 
that fishes for, possesses, or lands Atlantic sea scallops, except 
vessels that fish exclusively in state waters for scallops, must have 
been issued and carry on board a valid scallop vessel permit pursuant to 
this section.
    (i) Limited access scallop permits. Any vessel of the United States 
that possesses or lands more than 600 lb (272.2 kg) of shucked scallops, 
or 50 bu (17.6 hL) of in-shell scallops per trip South of 42 deg.20' N. 
Lat., or 75 bu (26.4 hL) of in-shell scallops per trip North of 
42 deg.20' N. Lat, or possesses more than 100 bu (35.2 hL) of in-shell 
scallops seaward of the

[[Page 553]]

VMS Demarcation Line, except vessels that fish exclusively in state 
waters for scallops, must have been issued and carry on board a valid 
limited access scallop permit.
    (A) Eligibility. To be eligible to apply for a limited access 
scallop permit, a vessel must have been issued a limited access scallop 
permit for the preceding year, be replacing a vessel that was issued a 
limited access scallop permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of 
this section.
    (I) Limited access permit restrictions. A vessel may be issued a 
limited access scallop permit in only one category during a fishing 
year. The owner of a vessel issued a limited access scallop permit must 
elect a permit category upon the vessels permit application and will 
have one opportunity to request a change in permit category by 
submitting an application to the Regional Administrator within 45 days 
of the effective date of the vessel's permit. After this date, the 
vessel must remain in that permit category for the duration of the 
fishing year. Any DAS that a vessel uses prior to a change in permit 
category will be counted against its allocation received under any 
subsequent permit category.
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) Percentage ownership restrictions. (1) For any vessel acquired 
after March 1, 1994, a vessel owner is not eligible to be issued a 
limited access scallop permit for the vessel, and/or a confirmation of 
permit history, if, as a result of the issuance of the permit and/or 
confirmation of permit history, the vessel owner, or any other person 
who is a shareholder or partner of the vessel owner, will have an 
ownership interest in a total number of limited access scallop vessels 
and limited access scallop confirmations of permit history in excess of 
5 percent of the number of all limited access scallop vessels and 
confirmations of permit history at the time of permit application.
    (2) Vessel owners who were initially issued a 1994 limited access 
scallop permit or confirmation of permit history, or who were issued or 
renewed a limited access scallop permit or confirmation of permit 
history for a vessel in 1995 and thereafter, in compliance with the 
ownership restrictions in paragraph (a)(2)(i)(M)(1) of this section, are 
eligible to renew such permits(s) and/or confirmation(s) of permit 
history, regardless of whether the renewal of the permits or 
confirmations of permit history will result in the 5-percent ownership 
restriction being exceeded.
    (3) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (N) [Reserved]
    (O) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (P) VMS requirement. A vessel issued a limited access scallop 
permit, as specified in paragraph (a)(2)(i) of this section, except a 
vessel issued an occasional scallop permit that is not fishing in a sea 
scallop access area, must have an operational VMS installed. Prior to 
issuance of a limited access scallop permit, NMFS must receive a signed 
VMS certification from the vessel owner and be notified by the VMS 
vendor that the unit has been installed and is operational.
    (ii) LAGC scallop permits. Any vessel of the United States that has 
not been issued a limited access scallop permit pursuant to paragraph 
(a)(2)(i) of this section, and any vessel issued a limited access 
scallop permit that fishes for

[[Page 554]]

scallops outside of the scallop DAS program described in Sec. 648.53(b) 
or the Area Access program described in Sec. 648.60, that possesses, 
retains, or lands scallops in or from Federal waters, must be issued an 
LAGC scallop permit and must comply with the permit requirements 
described in paragraphs (a)(2)(ii)(A), (B), or (C) of this section. To 
be issued an LAGC scallop permit, a vessel owner must meet the 
qualification criteria specified in paragraphs (a)(2)(ii)(D) or (F) of 
this section and must comply with the application procedures specified 
in paragraph (a)(2)(ii)(H) of this section.
    (A) Individual fishing quota LAGC permit. To possess or land up to 
600 lb (272.2 kg) of shucked meats, or land up to 75 bu (26.4 hL) of in-
shell scallops per trip, or possess up to 100 bu (35.2 hL) of in-shell 
scallops seaward of the VMS demarcation line, a vessel must have been 
issued an individual fishing quota LAGC scallop permit (IFQ scallop 
permit). Issuance of an initial IFQ scallop permit is contingent upon 
the vessel owner submitting the required application and other 
information that demonstrates that the vessel meets the eligibility 
criteria specified in paragraph (a)(2)(ii)(D) of this section.
    (B) Northern Gulf of Maine LAGC permit. To possess or land up to 200 
lb (90.7 kg) of shucked or 25 bu (8.81 hL) in-shell scallops per trip, 
or to possess up to 50 bu (17.6 hL) seaward of the VMS demarcation line 
in the NGOM Scallop Management Area, a vessel must have been issued a 
Northern Gulf of Maine LAGC scallop permit (NGOM scallop permit). A 
vessel issued a NGOM scallop permit may not fish for scallops outside of 
the NGOM Scallop Management Area as defined in Sec. 648.62, and may not 
possess or land more than 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) 
of in-shell scallops at any time, except the vessel may possess up to 50 
bu (17.6 hL) of in-shell scallops seaward of the VMS demarcation line. 
Issuance of an initial NGOM scallop permit is contingent upon the vessel 
owner submitting the required application and other information that 
demonstrates that the vessel meets the eligibility criteria specified in 
paragraph (a)(2)(ii)(F) of this section.
    (C) Incidental catch LAGC permit. To possess or land up to 40 lb 
(18.1 kg) of shucked or 5 bu (1.76 hL) in-shell scallops per trip, or 
possess up to 10 bu (3.52 hL) in-shell scallops per trip seaward of the 
VMS demarcation line, but not more than these amounts per trip, a vessel 
must have been issued an incidental catch general category scallop 
permit (Incidental scallop permit). A vessel issued an incidental catch 
general scallop permit may not possess or land more than 40 lb (18.1 kg) 
of shucked or 5 bu (1.76 hL) of in-shell scallops at any time, except 
the vessel may possess up to 10 bu (3.52 hL) of in-shell scallops 
seaward of the VMS demarcation line. Issuance of an initial incidental 
catch category scallop permit is contingent upon the vessel owner 
submitting the required application and other information that 
demonstrates that the vessel meets the eligibility criteria specified in 
paragraph (a)(2)(ii)(G) of this section.
    (D) Eligibility for an IFQ scallop permit. A vessel is eligible for 
and may be issued an IFQ scallop permit if it meets both eligibility 
criteria specified in paragraphs (a)(2)(ii)(D)(1) and (2) of this 
section, or is replacing a vessel that meets both the eligibility 
criteria specified in paragraphs (a)(2)(ii)(D)(1) and (2) of this 
section. A vessel owner may appeal NMFS's determination that a vessel 
does not meet the requirements specified in paragraphs (a)(2)(ii)(D)(1) 
and (2) of this section by complying with the appeal process, as 
specified in paragraph (a)(2)(ii)(O) of this section.
    (1) Permit criterion. A vessel must have been issued a general 
category scallop permit in at least one scallop fishing year, as defined 
in Sec. 648.2, between March 1, 2000, and November 1, 2004.
    (2) Landings criterion. A vessel must have landed at least 1,000 lb 
(454 kg) of shucked scallops in any one year when the vessel also held a 
general category scallop permit as specified in paragraph 
(a)(2)(ii)(D)(1) of this section. To qualify, scallop landings in the 
2004 fishing year must have occurred on or before November 1, 2004. NMFS 
dealer data shall be used to make the initial determination of vessel 
eligibility. If a dealer reported more than 400 lb (181.4 kg) of 
scallops on a trip, only 400 lb

[[Page 555]]

(181.4 kg) will be credited toward the landings criteria. For dealer 
reports that indicate that the landings were bushels of in-shell 
scallops, a conversion of 8 lb (3.63 kg) of scallop meats per bushel 
will be used to calculate meat-weight, up to the maximum of 400 lb 
(181.4 kg) per trip. For dealer reports that indicate that the landings 
were reported in pounds of in-shell scallops, the weight shall be 
converted to meat-weight using the formula of one pound (0.45 kg) of 
scallop meats for 8.33 lb (3.78 kg) of in-shell scallops, up to the 
maximum of 400 lb (181.4 kg) per trip, for qualification purposes.
    (E) Contribution factor for determining a vessel's IFQ. An eligible 
IFQ scallop vessel's best year of scallop landings during the 
qualification period of March 1, 2000, through November 1, 2004, as 
specified in Sec. 648.53(h)(2)(ii)(A), and the vessel's number of years 
active, as specified in Sec. 648.53(h)(2)(ii)(B), shall be used to 
calculate a vessel's contribution factor, as specified in Sec. 
648.53(h)(2)(ii)(C). A vessel owner that has applied for an IFQ scallop 
permit will be notified of the vessel's contribution factor at the time 
of issuance of the IFQ scallop permit, consistent with confidentiality 
restrictions of the Magnuson-Stevens Act specified at 16 U.S.C. 1881a. A 
vessel owner may appeal NMFS's determination of the IFQ scallop vessel's 
contribution factor by complying with the appeal process as specified in 
paragraph (a)(2)(ii)(O) of this section.
    (F) Eligibility for NGOM or Incidental scallop permit. A vessel that 
is not eligible for, or for which the vessel's owner chooses not to 
apply for, an IFQ scallop permit, may be issued either a NGOM scallop 
permit or an Incidental scallop permit if the vessel was issued a 
general category scallop permit as of November 1, 2004, or if the vessel 
is replacing a vessel that was issued a general category scallop permit 
as of November 1, 2004. A vessel owner may appeal NMFS's determination 
that a vessel does not meet this criterion by complying with the appeal 
process as specified in paragraph (a)(2)(ii)(O) of this section. A 
vessel that qualifies for an IFQ scallop permit automatically qualifies 
for an NGOM or Incidental scallop permit if the vessel's owner chooses 
to be issued an NGOM or Incidental scallop permit instead of the IFQ 
scallop permit.
    (G) LAGC permit restrictions--(1) Change of permit category--(i) IFQ 
scallop permit. A vessel issued an IFQ scallop permit may not change its 
general category scallop permit category at any time without voluntarily 
relinquishing its IFQ scallop permit eligibility as specified in 
paragraph (a)(2)(ii)(M) of this section. If the vessel owner has elected 
to relinquish the vessel's IFQ permit and instead be issued an NGOM or 
Incidental scallop permit, the IFQ permit shall be permanently 
relinquished.
    (ii) NGOM and Incidental scallop permit. A vessel may be issued 
either an NGOM or Incidental scallop permit for each fishing year, and a 
vessel owner may not change his/her LAGC scallop permit category during 
the fishing year, except as specified in this paragraph, 
(a)(2)(ii)(G)(1)(ii). The owners of a vessel issued an NOGM or 
Incidental scallop permit must elect a permit category in the vessel's 
permit application and shall have one opportunity each fishing year to 
request a change in its permit category by submitting an application to 
the Regional Administrator within 45 days of the effective date of the 
vessel's permit. After that date, the vessel must remain in that permit 
category for the duration of the fishing year.
    (2) VMS requirement. A vessel issued a LAGC permit must have an 
operational VMS installed. Issuance of an Atlantic sea scallop permit 
requires the vessel owner to submit a copy of the vendor's installation 
receipt or provide verification of vendor activation from a NMFS-
approved VMS vendor as described in Sec. 648.9.
    (H) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section. Applications for a LAGC permit described in paragraph 
(a)(2)(ii) of this section must be postmarked no later than August 30, 
2008. Applications for LAGC permits that are not postmarked on or before 
August 30, 2008, may be denied and returned to the sender with a letter 
explaining the denial. Such denials may not be appealed and shall be the 
final decision of the Department of Commerce. If NMFS determines that

[[Page 556]]

the vessel owner has failed to pay a cost recovery fee in accordance 
with the cost recovery requirements specified at Sec. 648.53(h)(4)(ii), 
the IFQ permit shall not be renewed.
    (I) Qualification restriction. (1) See paragraph (a)(1)(i)(C) of 
this section for restrictions applicable to limited access scallop 
permits.
    (2) Notwithstanding paragraph (a)(1)(i)(L) of this section, scallop 
landings history generated by separate owners of a single vessel at 
different times during the qualification period for LAGC scallop permits 
may be used to qualify more than one vessel, provided that each owner 
applying for an LAGC scallop permit demonstrates that he/she created 
distinct fishing histories, that such histories have been retained, and 
if the vessel was sold, that each applicant's eligibility and fishing 
history is distinct.
    (3) Notwithstanding paragraph (a)(1)(i)(L) of this section, a vessel 
owner applying for a LAGC permit who sold or transferred a vessel with 
non-scallop limited access permits, as specified in paragraph 
(a)(1)(i)(D) of this section, and retained only the general category 
scallop history of such vessel as specified in paragraph (a)(1)(i)(D) of 
this section, before July 1, 2008, may use the general category scallop 
history to qualify a different vessel for the initial IFQ scallop 
permit, regardless of whether the history from the sold or transferred 
vessel was used to qualify another vessel for another limited access 
permit.
    (J) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (K) Replacement vessels. A vessel owner may apply to replace a 
qualified LAGC vessel with another vessel that he/she owns. There are no 
size or horsepower restrictions on replacing general LAGC vessels, 
unless the qualified vessel that will be replaced is subject to such 
restriction because of other limited access permits issued pursuant to 
Sec. 648.4. In order for a LAGC that also has other limited access 
permits issued pursuant to Sec. 648.4 to be replaced by a vessel that 
does not meet the replacement and upgrade restrictions specified for 
those other limited access permits, the other limited access permits 
must be permanently relinquished, as specified in paragraph (a)(1)(i)(K) 
of this section.
    (L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (M) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (N) Restriction on permit splitting. Except as provided in 
paragraphs (a)(2)(ii)(I)(2) and (3) of this section, paragraph 
(a)(1)(i)(L) of this section applies.
    (O) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for an LAGC scallop permit who is denied such permit 
may appeal the denial to the Regional Administrator within 30 days of 
the notice of denial. Any such appeal may only be based on the grounds 
that the information used by the Regional Administrator was incorrect. 
The appeal must be in writing, must state the specific grounds for the 
appeal, and must include information to support the appeal.
    (2) Contribution factor appeals. Any applicant eligible to apply for 
a IFQ scallop permit who disputes NMFS's determination of the vessel's 
contribution factor specified in paragraph (a)(2)(ii)(E) of this section 
may appeal NMFS's determination to the Regional Administrator within 30 
days of the notification of the vessel's best year and years active. Any 
such appeal may only be based on the grounds that the information used 
by the Regional Administrator was incorrect. The appeal must be in 
writing, must state the specific grounds for the appeal, and must 
include information to support the appeal. A vessel owner may appeal 
both the eligibility criteria and the contribution factor and must 
submit the appeal for both at the same time. An appeal of contribution 
factor determinations shall be reviewed concurrently with an eligibility 
appeal, if applicable.
    (3) Appeal review. The Regional Administrator shall appoint a 
designee who shall make the initial decision on the appeal. The 
appellant may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the

[[Page 557]]

initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator, which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator shall issue 
a final decision on the appeal. The Regional Administrator's decision is 
the final administrative action of the Department of Commerce.
    (4) Status of vessels pending appeal. A vessel denied an LAGC 
scallop permit may fish while under appeal, provided that the denial has 
been appealed, the appeal is pending, and the vessel has on board a 
letter from the Regional Administrator temporarily authorizing the 
vessel to fish under the limited access general category permit. The 
Regional Administrator shall issue such a letter that shall be effective 
only during the pendency of any appeal. The temporary letter of 
authorization must be carried on board the vessel and all requirements 
of the permit category for which the appeal has been made shall apply. 
If the appeal is finally denied, the Regional Administrator shall send a 
notice of final denial to the vessel owner; the temporary authorizing 
letter becomes invalid 5 days after receipt of the notice of denial, but 
no later than 10 days from the date of the letter of denial, regardless 
of the date of the owner's receipt of the denial.
    (3) Summer flounder vessels. Any vessel of the United States that 
fishes for or retains summer flounder in the EEZ must have been issued 
and carry on board a valid summer flounder permit, except for vessels 
other than party or charter vessels that observe the possession limit 
set forth in Sec. 648.106.
    (i) Moratorium permits--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain summer flounder in excess of 
the possession limit in Sec. 648.106 in the EEZ, a vessel must have 
been issued a summer flounder moratorium permit for the preceding year, 
be replacing a vessel that was issued a moratorium permit for the 
preceding year, or be replacing a vessel that was issued a confirmation 
of permit history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, horsepower) of the vessel as of March 22, 1999, unless the 
vessel is in the process of construction or rerigging or under agreement 
or written contract for construction or rerigging, as of the effective 
baseline specification date in which case the baseline specifications 
will be established no later than February 19, 2000.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permits. Any party or charter boat is 
eligible for a permit to fish for summer flounder, other than a summer 
flounder moratorium permit, if it is carrying passengers for hire. Such 
vessel must observe the possession limits specified in Sec. 648.106.
    (iii) Exemption permits. Owners of summer flounder vessels seeking 
an exemption from the minimum mesh requirement under the provisions of 
Sec. 648.108(b)(1) must request a letter of authorization (LOA) from 
the Regional Administrator. Vessels must be enrolled in the exemption 
program for a minimum of 7 days. The Regional Administrator may impose 
temporary additional procedural requirements by publishing a 
notification in the Federal Register. If a summer flounder charter or 
party requirement of this part differs from a summer flounder charter or 
party management measure required by a state, any vessel owners

[[Page 558]]

or operators fishing under the terms of a summer flounder charter/party 
vessel permit in the EEZ for summer flounder must comply with the more 
restrictive requirement while fishing in state waters, unless otherwise 
authorized under Sec. 648.107.
    (4) Surfclam and ocean quahog vessels. Any vessel of the United 
States that fishes for surfclams or ocean quahogs, except vessels taking 
surfclams and ocean quahogs for personal use or fishing exclusively 
within state waters, must have been issued and carry on board a valid 
surfclam or ocean quahog permit, respectively.
    (i) Maine mahogany quahog permit. (A) A vessel is eligible for a 
Maine mahogany quahog permit to fish for ocean quahogs in the Maine 
mahogany quahog zone if it meets the following eligibility criteria in 
paragraphs (a)(1) and (a)(2) of this section, and an application for a 
Maine mahogany quahog permit is submitted by May 19, 1999. After May 19, 
1999, to be eligible to apply for a Maine mahogany quahog permit, a 
vessel must have been issued a Maine mahogany quahog permit for the 
preceding year, be replacing a vessel that was issued a Maine mahogany 
quahog permit for the preceding year, or be replacing a vessel that was 
issued a confirmation of permit history.
    (1) The vessel was issued a Federal Maine Mahogany Quahog 
Experimental Permit during one of the experimental fisheries authorized 
by the Regional Administrator between September 30, 1990, and September 
30, 1997; and,
    (2) The vessel landed at least one Maine bushel of ocean quahogs 
from the Maine mahogany quahog zone as documented by fishing or 
shellfish logs submitted to the Regional Administrator prior to January 
1, 1998.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) Appeal of denial of a permit. (1) Any applicant denied a Maine 
mahogany quahog permit may appeal to the Regional Administrator within 
30 days of the notice of denial. Any such appeal shall be in writing. 
The only ground for appeal is that the Regional Administrator's designee 
erred in concluding that the vessel did not meet the criteria in 
paragraph (a)(4)(i)(A) of this section. The appeal must set forth the 
basis for the applicant's belief that the decision of the Regional 
Administrator's designee was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The Regional Administrator will make a final decision based on 
the criteria in paragraph (a)(4)(i)(A) of this section and on the 
available record, including any relevant documentation submitted by the 
applicant and, if a hearing is held, the recommendation of the hearing 
officer. The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) VMS Requirement. (A) Surfclam and ocean quahog open access 
permits. In order to be eligible for issuance of an open access surfclam 
or ocean quahog permit, the vessel owner must have installed on the 
vessel an operational VMS unit that meets the criteria set forth in 
Sec. 648.9. The vessel owner/operator must activate the VMS unit and 
provide verification of vendor activation from a NMFS-approved VMS 
vendor as described in Sec. 648.9. Verification is done by completing, 
signing, and mailing or faxing a VMS certification form to the NMFS 
Northeast Region Office of Law Enforcement.

[[Page 559]]

    (B) Maine mahogany quahog limited access permit. In order to be 
eligible for issuance of a Maine mahogany quahog permit, the vessel 
owner must have installed on the vessel an operational VMS unit that 
meets the criteria set forth in Sec. 648.9. By January 1, 2009, unless 
otherwise exempted under paragraph (a)(4)(ii)(B)(1) of this section. The 
vessel owner/operator must activate the VMS unit and provide 
verification of vendor activation from a NMFS-approved VMS vendor as 
described in Sec. 648.9. Verification is done by completing, signing, 
and mailing or faxing a VMS certification form to the NMFS Northeast 
Region Office of Law Enforcement.
    (1) Special VMS exemption for Maine mahogany quahog vessels. Vessel 
owners eligible to renew a limited access Maine mahogany quahog permit 
may do so without proof of installation of a VMS, provided the vessel 
does not fish for, catch, or possess; or attempt to fish for, catch, or 
posses; Maine mahogany quahogs. Proof of VMS installation must be 
provided to the NMFS Northeast Region Office of Law Enforcement prior to 
departure on any fishing trip on which ocean quahogs may be caught or 
landed. Once a vessel issued a Maine mahogany quahog permit has elected 
to participate in the Maine mahogany quahog fishery, the vessel must 
keep the VMS unit turned on and functioning as specified under Sec. 
648.9. Once a limited access Maine mahogany quahog permitted vessel has 
participated in the Maine mahogany quahog fishery, this exemption no 
longer applies.
    (2) [Reserved]
    (5) Mackerel, squid, and butterfish vessels. Any vessel of the 
United States, including party and charter vessels, must have been 
issued and carry on board a valid vessel permit to fish for, possess, or 
land Atlantic mackerel, squid, or butterfish in or from the EEZ.
    (i) Longfin squid/butterfish and Illex squid moratorium permits.
    (A) Eligibility. To be eligible to apply for a moratorium permit to 
fish for and retain longfin squid, butterfish, or Illex squid in excess 
of the incidental catch allowance in paragraph (a)(5)(ii) of this 
section in the EEZ, a vessel must have been issued a longfin squid and 
butterfish moratorium permit or Illex squid moratorium permit, as 
applicable, for the preceding year, be replacing a vessel that was 
issued a moratorium permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Squid/butterfish incidental catch permit. Any vessel of the 
United States may obtain a permit to fish for or retain up to 2,500 lb 
(1.13 mt) of longfin squid, 600 lb (0.27 mt) of butterfish, or up to 
10,000 lb (4.54 mt) of Illex squid, as an incidental catch in another 
directed fishery. The incidental catch allowance may be revised by the 
Regional Administrator based upon a recommendation by the Council 
following the procedure set forth in Sec. 648.22.
    (iii) Limited access Atlantic mackerel permits. (A) Vessel size 
restriction. A vessel of the United States is eligible for and may be 
issued an Atlantic mackerel permit to fish for, possess, or land 
Atlantic mackerel in or from the EEZ, except for any vessel that is 
greater than or equal to 165 ft (50.3 m) in length overall (LOA), or 
greater than 750 gross registered tons (680.4 mt), or the vessel's total 
main propulsion machinery is greater than 3,000 horsepower. Vessels that 
exceed the size or horsepower restrictions may seek to obtain an at-sea 
processing permit specified in Sec. 648.6(a)(2)(i).
    (B) Limited access mackerel permits. A vessel of the United States 
that fishes for, possesses, or lands more than 20,000

[[Page 560]]

lb (7.46 mt) of mackerel per trip, except vessels that fish exclusively 
in state waters for mackerel, must have been issued and carry on board 
one of the limited access mackerel permits described in paragraphs 
(a)(5)(iii)(B)(1) through (3) of this section, including both vessels 
engaged in pair trawl operations.
    (1) Tier 1 Limited Access Mackerel Permit. A vessel may fish for, 
possess, and land mackerel not subject to a trip limit, provided the 
vessel qualifies for and has been issued this permit, subject to all 
other regulations of this part.
    (2) Tier 2 Limited Access Mackerel Permit. A vessel may fish for, 
possess, and land up to 135,000 lb (50 mt) of mackerel per trip, 
provided the vessel qualifies for and has been issued this permit, 
subject to all other regulations of this part.
    (3) Tier 3 Limited Access Mackerel Permit. A vessel may fish for, 
possess, and land up to 100,000 lb (37.3 mt) of mackerel per trip, 
provided the vessel qualifies for and has been issued this permit, 
subject to all other regulations of this part.
    (C) Eligibility criteria for mackerel permits. A vessel is eligible 
for and may be issued a Tier 1, Tier 2, or Tier 3 Limited Access 
Mackerel Permit if it meets the permit history criteria in paragraph 
(a)(5)(iii)(C)(1) of this section and the relevant landings requirements 
specified in paragraphs (a)(5)(iii)(C)(2) through (4) of this section. 
The permit criteria and landings requirement must either be derived from 
the same vessel, or joined on a vessel through replacement prior to 
March 21, 2007.
    (1) Permit history criteria for Limited Access Mackerel Permits. (i) 
The vessel must have been issued a Federal mackerel permit that was 
valid as of March 21, 2007. The term ``as of'' means that the vessel 
must have had a valid mackerel permit on March 21, 2007.
    (ii) The vessel is replacing a vessel that was issued a Federal 
mackerel permit that was valid as of March 21, 2007. To qualify as a 
replacement vessel, the replacement vessel and the vessel being replaced 
must both be owned by the same vessel owner; or if the vessel being 
replaced was sunk or destroyed, the vessel owner must have owned the 
vessel being replaced at the time it sunk or was destroyed; or, if the 
vessel being replaced was sold to another person, the vessel owner must 
provide a copy of a written agreement between the buyer of the vessel 
being replaced and the owner/seller of the vessel, documenting that the 
vessel owner/seller retained the mackerel permit and all mackerel 
landings history.
    (iii) If the vessel sank, was destroyed, or was transferred before 
March 21, 2007, and a mackerel permit was not issued to a replacement 
vessel as of March 21, 2007, the permit issuance criteria may be 
satisfied if the vessel was issued a valid Federal mackerel permit at 
any time between March 21, 2006, and March 21, 2007.
    (2) Landings criteria for Limited Access Mackerel Permits. (i) Tier 
1. The vessel must have landed at least 400,000 lb (149.3 mt) of 
mackerel in any one calendar year between January 1, 1997, and December 
31, 2005, as verified by dealer reports submitted to NMFS or documented 
through valid dealer receipts, if dealer reports were not required by 
NMFS. The owners of vessels that fished in pair trawl operations may 
provide landings information as specified in paragraph 
(a)(5)(iii)(C)(2)(iv) of this section. Landings made by a vessel that is 
being replaced may be used to qualify a replacement vessel consistent 
with the requirements specified in paragraph (a)(5)(iii)(C)(1)(ii) of 
this section.
    (ii) Tier 2. The vessel must have landed at least 100,000 lb (37.3 
mt) of mackerel in any one calendar year between March 1, 1994, and 
December 31, 2005, as verified by dealer reports submitted to NMFS or 
documented through valid dealer receipts, if dealer reports were not 
required by NMFS. The owners of vessels that fished in pair trawl 
operations may provide landings information as specified in paragraph 
(a)(5)(iii)(C)(2)(iv) of this section. Landings made by a vessel that is 
being replaced may be used to qualify a replacement vessel consistent 
with the requirements specified in paragraph (a)(5)(iii)(C)(1)(ii) of 
this section.
    (iii) Tier 3. The vessel must have landed at least 1,000 lb (0.4 mt) 
of mackerel in any one calendar year between

[[Page 561]]

March 1, 1994, and December 31, 2005, as verified by dealer reports 
submitted to NMFS or documented through valid dealer receipts, if dealer 
reports were not required by NMFS. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(5)(iii)(C)(2)(iv) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(5)(iii)(C)(1)(ii) of this section.
    (iv) Landings criteria for vessels using landings from pair trawl 
operations. To qualify for a limited access permit using landings from 
pair trawl operations, the owners of the vessels engaged in that 
operation must agree on how to divide such landings between the two 
vessels and apply for the permit jointly, as supported by the required 
NMFS dealer reports or signed dealer receipts.
    (3) CPH. A person who does not currently own a fishing vessel, but 
owned a vessel that satisfies the permit eligibility requirement in 
paragraphs (a)(5)(iii)(B)(1) and (2) of this section that has sunk, been 
destroyed, or transferred to another person without its fishing and 
permit history, and that has not been replaced, may apply for and 
receive a CPH. A CPH allows for a replacement vessel to obtain the 
relevant limited access mackerel permit if the fishing and permit 
history of such vessel has been retained lawfully by the applicant as 
specified in paragraph (a)(5)(iii)(C)(1)(ii) of this section. If the 
vessel sank, was destroyed, or was transferred before March 21, 2007, 
the permit issuance criteria may be satisfied if the vessel was issued a 
valid Federal mackerel permit at any time between March 21, 2006, and 
March 21, 2007.
    (D) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section. Applications for a limited access mackerel permit 
described in paragraph (a)(5)(iii) of this section must be postmarked no 
later than February 28, 2013. Applications for limited access mackerel 
permits that are not postmarked before February 28, 2013, will not be 
processed because of this regulatory restriction, and returned to the 
sender with a letter explaining the reason for its return.
    (E) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of 
this section. The following restrictions in paragraphs (a)(5)(iii)(E)(2) 
and (3) of this section are applicable to limited access mackerel 
permits.
    (2) Mackerel landings history generated by separate owners of a 
single vessel at different times during the qualification period for 
limited access mackerel permits may be used to qualify more than one 
vessel, provided that each owner applying for a limited access mackerel 
permit demonstrates that he/she created distinct fishing histories, that 
such histories have been retained, and if the vessel was sold, that each 
applicant's eligibility and fishing history is distinct. In such a case, 
each applicant would still need to have been issued a valid mackerel 
permit as of March 21, 2007, in order to create a full eligibility, as 
detailed in paragraph (a)(5)(iii)(C) of this section.
    (3) A vessel owner applying for a limited access mackerel permit who 
sold or transferred a vessel with non-mackerel limited access permits, 
as specified in paragraph (a)(1)(i)(D) of this section, and retained 
only the mackerel permit and landings history of such vessel as 
specified in paragraph (a)(1)(i)(D) of this section, before April 3, 
2009, may use the mackerel history to qualify a different vessel for the 
initial limited access mackerel permit, regardless of whether the 
history from the sold or transferred vessel was used to qualify for any 
other limited access permit. Such eligibility may be used if the vessel 
for which the initial limited access mackerel permit has been submitted 
meets the upgrade restrictions described at paragraph (a)(5)(iii)(H) of 
this section. Applicants must be able to provide baseline documentation 
for both vessels in order to be eligible to use this provision.
    (F) Change of ownership. See paragraph (a)(1)(i)(D) of this section.
    (G) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (H) Vessel baseline specification. (1) In addition to the baseline 
specifications specified in paragraph (a)(1)(i)(H) of this section, the 
volumetric fish hold capacity of a vessel at the time it was

[[Page 562]]

initially issued a Tier 1 or Tier 2 limited access mackerel permit will 
be considered a baseline specification. The fish hold capacity 
measurement must be certified by one of the following qualified 
individuals or entities: an individual credentialed as a Certified 
Marine Surveyor with a fishing specialty by the National Association of 
Marine Surveyors (NAMS); an individual credentialed as an Accredited 
Marine Surveyor with a fishing specialty by the Society of Accredited 
Marine Surveyors (SAMS); employees or agents of a classification society 
approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the Maine 
State Sealer of Weights and Measures; a professionally-licensed and/or 
registered Marine Engineer; or a Naval Architect with a professional 
engineer license. Owners whose vessels qualify for a Tier 1 or Tier 2 
mackerel permit must submit a certified fish hold capacity measurement 
to NMFS by December 31, 2013, or with the first vessel replacement 
application after a vessel qualifies for a Tier 1 or Tier 2 mackerel 
permit, whichever is sooner. The fish hold capacity measurement 
submitted to NMFS as required in this paragraph (a)(5)(iii)(H)(1) must 
include a signed certification by the individual or entity that 
completed the measurement, specifying how they meet the definition of a 
qualified individual or entity.
    (2) If a mackerel CPH is initially issued, the vessel that provided 
the CPH eligibility establishes the size baseline against which future 
vessel size limitations shall be evaluated, unless the applicant has a 
vessel under contract prior to the submission of the mackerel limited 
access application. The replacement application to move permits onto the 
contracted vessel must be received by December 31, 2013. If the vessel 
that established the CPH is less than 20 ft (6.09 m) in length overall, 
then the baseline specifications associated with other limited access 
permits in the CPH suite will be used to establish the mackerel baseline 
specifications. If the vessel that established the CPH is less than 20 
ft (6.09 m) in length overall, the limited access mackerel eligibility 
was established on another vessel, and there are no other limited access 
permits in the CPH suite, then the applicant must submit valid 
documentation of the baseline specifications of the vessel that 
established the eligibility. The hold capacity baseline for such vessels 
will be the hold capacity of the first replacement vessel after the 
permits are removed from CPH. Hold capacity for the replacement vessel 
must be measured pursuant to paragraph (a)(5)(iii)(H)(1) of this 
section.
    (I) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In 
addition, for Tier 1 and Tier 2 limited access mackerel permits, the 
replacement vessel's volumetric fish hold capacity may not exceed by 
more than 10 percent the volumetric fish hold capacity of the vessel's 
baseline specifications. The modified fish hold, or the fish hold of the 
replacement vessel, must be resurveyed by a surveyor (accredited as in 
paragraph (a)(5)(iii)(H) of this section) unless the replacement vessel 
already had an appropriate certification.
    (J) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (K) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (L) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (M) Appeal of permit denial. (1) Eligibility. Any applicant eligible 
to apply for a limited access mackerel permit who is denied such permit 
may appeal the denial to the Regional Administrator within 30 days of 
the notice of denial.
    (2) Appeal review. Applicants have two opportunities to appeal the 
denial of a limited access mackerel permit. The review of initial 
appeals will be conducted under the authority of the Regional 
Administrator at NMFS's Northeast Regional Office. The Regional 
Administrator shall appoint a hearing officer for review of second 
denial appeals.
    (i) An appeal of the denial of an initial permit application (first 
level of appeal) must be made in writing to NMFS Northeast Regional 
Administrator. Appeals must be based on the grounds that the information 
used by the Regional Administrator in denying the permit was incorrect. 
The only items subject to appeal are the accuracy of the amount of 
landings, and the

[[Page 563]]

correct assignment of landings to a vessel and/or permit holder. Appeals 
must be submitted to the Regional Administrator, postmarked no later 
than 30 days after the denial of an initial limited access mackerel 
permit application. The appeal shall set forth the basis for the 
applicant's belief that the Regional Administrator's decision was made 
in error. The appeal must be in writing, must state the specific grounds 
for the appeal, and include information to support the appeal. The 
appellant may also request a letter of authorization (LOA), as described 
in paragraph (a)(5)(iii)(M)(3) of this section. If the appeal of the 
denial of the permit application is not made within 30 days, the denial 
of the permit application shall constitute the final decision of the 
Department of Commerce. The appeal will not be reviewed without 
submission of information in support of the appeal. The Regional 
Administrator will appoint a designee to make the initial decision on 
the appeal.
    (ii) Should the appeal of the denial of the permit application be 
denied, the applicant may request a hearing to review the Regional 
Administrator's initial decision denying the first level appeal (second 
level of appeal). Such a request must be in writing, postmarked no later 
than 30 days after the appeal decision, must state the specific grounds 
for the hearing request, and must include information to support the 
hearing request. If the request for a hearing to review of the decision 
denying the first level of appeal is not made within 30 days, the 
initial decision will constitute the final decision of the Department of 
Commerce. If the hearing request is submitted without information in 
support of the request, the appeal will not be reviewed in a hearing, 
and the initial decision will constitute the final decision of the 
Department of Commerce. The Regional Administrator will appoint a 
hearing officer or the hearing process may take place within the 
National Appeals program. The hearing officer shall make findings and a 
recommendation to the Regional Administrator, which shall be advisory 
only. The Regional Administrator's decision is the final decision of the 
Department of Commerce.
    (3) A vessel denied a limited access mackerel permit may fish for 
mackerel while the decision on the appeal is pending within NMFS, 
provided that the denial has been appealed, the appeal is pending, and 
the vessel has on board a letter from the Regional Administrator 
authorizing the vessel to fish under the limited access category for 
which the applicant has submitted an appeal. A request for an LOA must 
be made when submitting an appeal of the denial of the permit 
application. The Regional Administrator will issue such a letter for the 
pending period of any appeal. The LOA must be carried on board the 
vessel. If the appeal is finally denied, the Regional Administrator 
shall send a notice of final denial to the vessel owner; the authorizing 
letter becomes invalid 5 days after the receipt of the notice of denial, 
but no later than 10 days from the date of the letter of denial.
    (iv) Atlantic mackerel incidental catch permits. Any vessel of the 
United States may obtain a permit to fish for or retain up to 20,000 lb 
(7.46 mt) of Atlantic mackerel as an incidental catch in another 
directed fishery, provided that the vessel does not exceed the size 
restrictions specified in paragraph (a)(5)(iii)(A) of this section. The 
incidental catch allowance may be revised by the Regional Administrator 
based upon a recommendation by the Council following the procedure set 
forth in Sec. 648.21.
    (v) Party and charter boat permits. The owner of any party or 
charter boat must obtain a permit to fish for, possess, or retain in or 
from the EEZ mackerel, squid, or butterfish while carrying passengers 
for hire.
    (6) Scup vessels. Beginning on January 1, 1997, and subject to the 
eligibility requirements specified in paragraphs (a)(6)(i) and 
(a)(6)(ii) of this section, the owner of a vessel of the United States, 
including a party or charter vessel, must obtain a permit issued under 
this part to fish for or retain scup for sale, barter or trade, in or 
from the EEZ north of 35 deg.15.3' N. lat. Any vessel, other than a 
party or charter boat, that observes the possession limit restrictions 
established pursuant to, and the prohibition on sale specified in,

[[Page 564]]

Sec. 648.128 is exempt from the permit requirement.
    (i) Moratorium permit--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain scup, a vessel must have been 
issued a scup moratorium permit for the preceding year, be replacing a 
vessel that was issued a scup moratorium permit for the preceding year, 
or be replacing a vessel that was issued a confirmation of permit 
history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permit. Any party or charter boat is 
eligible for a permit to fish for scup, other than a scup moratorium 
permit, if it is carrying passengers for hire. Such vessel must observe 
the possession limits established pursuant to, and the prohibitions on 
sale specified in, Sec. 648.125.
    (7) Black sea bass vessels. Beginning June 1, 1997, any vessel of 
the United States that fishes for or retains black sea bass in or from 
the EEZ north of 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC, must have been issued and carry on board a valid black sea 
bass moratorium permit, except for vessels other than party or charter 
vessels that observe the possession limit established pursuant to Sec. 
648.145.
    (i) Moratorium permits--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain black sea bass in excess of 
the possession limit established pursuant to Sec. 648.145 in the EEZ 
north of 35 deg.15.3' N. Lat., the latitude of Cape Hatteras Light, NC, 
a vessel must have been issued a black sea bass moratorium permit for 
the preceding year, be replacing a vessel that was issued a black sea 
bass moratorium permit for the preceding year, or be replacing a vessel 
that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permit. The owner of any party or 
charter boat must obtain a permit to fish for or retain black sea bass 
in or from U.S. waters of the western Atlantic Ocean from 35 deg.15.3' 
N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-
Canada border, while carrying passengers for hire.
    (8) Atlantic bluefish vessels. (i) Commercial. Any vessel of the 
United States including party and charter boats not carrying passengers 
for hire, that fishes for, possesses, or lands Atlantic bluefish in or 
from the EEZ in excess of the recreational possession limit specified at 
Sec. 648.164 must have been issued and carry on board a valid 
commercial bluefish vessel permit.
    (ii) Party and charter vessels. All party or charter boats must have 
been issued and carry on board a valid party or charter boat permit to 
fish for, possess, or land Atlantic bluefish in or from the EEZ if 
carrying passengers for hire. Persons on board such vessels must observe 
the possession limits established

[[Page 565]]

pursuant to Sec. 648.164 and the prohibitions on sale specified in 
Sec. 648.14(q).
    (9) Monkfish vessels. Any vessel of the United States, including a 
charter or party boat, must have been issued and have on board a valid 
monkfish permit to fish for, possess, or land any monkfish in or from 
the EEZ.
    (i) Limited access monkfish permits. (A) Eligibility. A vessel may 
be issued a limited access monkfish permit if it meets any of the 
following limited access monkfish permits criteria:
    (1) Category A permit (vessels without NE multispecies or scallop 
limited access DAS permits). The vessel landed at least 50,000 lb 
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995;
    (2) Category B permit (vessels less than 51 gross registered tonnage 
(GRT) without NE multispecies or scallop limited access DAS permits that 
do not qualify for a Category A permit). The vessel landed at least 
7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6 kg) whole weight 
of monkfish between February 28, 1991, and February 27, 1995;
    (3) Category C permit (vessels with NE multispecies or scallop 
limited access DAS permits). The vessel landed at least 50,000 lb 
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995; or
    (4) Category D permit (all vessels with NE multispecies limited 
access DAS permits and vessels less than 51 GRT with scallop limited 
access DAS permits that do not qualify for a Category C permit). The 
vessel landed at least 7,500 lb (3,402 kg) tail-weight or 24,900 lb 
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and 
February 27, 1995.
    (5) Category F permit (vessels electing to participate in the 
Offshore Fishery Program). To fish in the Offshore Fishery Program, as 
described under Sec. 648.95, vessels must apply for and be issued a 
Category F permit and fish under this permit category for the entire 
fishing year. The owner of a vessel, or authorized representative, may 
change the vessel's limited access monkfish permit category within 45 
days of the effective date of the vessel's permit, provided the vessel 
has not fished under the monkfish DAS program during that fishing year. 
If such a request is not received within 45 days, the vessel owner may 
not request a change in permit category and the vessel's permit category 
will remain unchanged for the duration of the fishing year.
    (6) Category G permit (vessels restricted to fishing south of 
38 deg.40' N. lat. As described in Sec. 648.92(b) that do not qualify 
for a monkfish limited access Category A, B, C, or D permit). The vessel 
landed at least 50,000 lb (22,680 kg) tail weight or 166,000 lb (75,296 
kg) whole weight of monkfish in the area south of 38 deg.00' N. lat. 
during the period March 15 through June 15 in the years 1995 to 1998.
    (7) Category H permit (vessels restricted to fishing south of 
38 deg.40' N. lat. As described in Sec. 648.92(b) that do not qualify 
for a monkfish limited access Category A, B, C, D, or G permit). The 
vessel landed at least 7,500 lb (3,402 kg) tail weight or 24,900 lb 
(11,294 kg) whole weight of monkfish in the area south of 38 deg.00' N. 
lat. during the period March 15 through June 15 in the years 1995 to 
1998.
    (B) Application/renewal restrictions. No one may apply for an 
initial limited access monkfish permit for a vessel after November 7, 
2000, unless otherwise allowed in this paragraph (a)(9)(i)(B). Vessels 
applying for an initial limited access Category G or H permit, as 
described in paragraphs (a)(9)(i)(A)(6) and (7) of this section, must do 
so on or before April 30, 2006.
    (C) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of 
this section.
    (2) Vessels under agreement for construction or under 
reconstruction. A vessel may be issued a limited access monkfish permit 
if the vessel was under written agreement for construction or 
reconstruction between February 28, 1994, and February 27, 1995, and 
such vessel meets any of the qualification criteria regarding amount of 
landings as stated in paragraph (a)(9)(i)(A) of this section between 
February 28, 1991, and February 27, 1996.
    (D) Change in ownership. (1) See paragraph (a)(1)(i)(D) of this 
section.
    (2) A vessel may be issued a limited access monkfish permit if it 
was under written agreement for purchase as of February 27, 1995 and 
meets any of the qualification criteria regarding

[[Page 566]]

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

[[Page 567]]

issued and have on board a herring permit and a letter of authorization 
to receive and transport Atlantic herring caught by another permitted 
fishing vessel or it must have been issued and have on board a herring 
permit and have declared an Atlantic herring carrier trip via VMS 
consistent with the requirements at Sec. 648.10(m)(1). Once a vessel 
declares an Atlantic herring carrier trip via VMS, it is bound to the 
VMS operating requirements, specified at Sec. 648.10, for the remainder 
of the fishing year. On Atlantic herring carrier trips under either the 
letter of authorization or an Atlantic herring carrier VMS trip 
declaration, an Atlantic herring carrier is exempt from the VMS, IVR, 
and VTR vessel reporting requirements, as specified in Sec. 648.7 and 
subpart K of this part, except as otherwise required by this part. If 
not declaring an Atlantic herring carrier trip via VMS, an Atlantic 
herring carrier vessel must request and obtain a letter of authorization 
from the Regional Administrator, and there is a minimum enrollment 
period of 7 calendar days for a letter of authorization. Atlantic 
herring carrier vessels operating under a letter of authorization or an 
Atlantic herring carrier VMS trip declaration may not conduct fishing 
activities, except for purposes of transport, or possess any fishing 
gear on board the vessel capable of catching or processing herring, and 
they must be used exclusively as an Atlantic herring carrier vessel, and 
they must carry observers if required by NMFS. While operating under a 
valid letter of authorization or Atlantic herring carrier VMS trip 
declaration, such vessels are exempt from any herring possession limits 
associated with the herring vessel permit categories. Atlantic herring 
carrier vessels operating under a letter of authorization or an Atlantic 
herring carrier VMS trip declaration may not possess, transfer, or land 
any species other than Atlantic herring, except that they may possess 
Northeast multispecies transferred by vessels issued either an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit, consistent with the applicable possession limits for 
such vessels specified at Sec. 648.86(a)(3) and (k).
    (iii) Vessel size limitation. A vessel of the United States is 
eligible for and may be issued an Atlantic herring permit to fish for, 
possess, or land Atlantic herring in or from the EEZ, except for any 
vessel that is [gteqt]165 ft (50.3 m) in length overall (LOA), or 
750 GRT (680.4 mt), or the vessel's total main propulsion 
machinery is 3,000 horsepower. Vessels that exceed the size 
or horsepower restrictions are eligible to be issued an at-sea 
processing permit specified under Sec. 648.6(a)(2)(ii).
    (iv) Limited access herring permits. (A) A vessel of the United 
States that fishes for, possesses, or lands more than 6,600 lb (3 mt) of 
herring, except vessels that fish exclusively in state waters for 
herring, must have been issued and carry on board one of the limited 
access herring permits described in paragraphs (a)(10)(iv)(A)(1)-(3) of 
this section, including both vessels engaged in pair trawl operations.
    (1) All Areas Limited Access Herring Permit. A vessel may fish for, 
possess, and land unlimited amounts of herring from all herring areas, 
provided the vessel qualifies for and has been issued this permit, 
subject to all other regulations of this part.
    (2) Areas 2 and 3 Limited Access Herring Permit. A vessel may fish 
for, possess, and land unlimited amounts of herring from herring Areas 2 
and 3, provided the vessel qualifies for and has been issued this 
permit, subject to all other regulations of this part.
    (3) Limited Access Incidental Catch Herring Permit. (i) A vessel 
that does not qualify for either of the permits specified in paragraphs 
(a)(10)(iv)(A)(1) and (2) of this section may fish for, possess, and 
land up to 55,000 lb (25 mt) of herring from any herring area, provided 
the vessel qualifies for and has been issued this permit, subject to all 
other regulations of this part.
    (ii) A vessel that does not qualify for an All Areas Limited Access 
Herring Permit specified in paragraph (a)(10)(iv)(A)(1) of this section, 
but qualifies for the Areas 2 and 3 Limited Access Herring Permit 
specified in paragraph (a)(10)(iv)(A)(2) of this section, may fish for, 
possess, and land up to 55,000 lb (25 mt) of herring from Area 1, 
provided the vessel qualifies for and

[[Page 568]]

has been issued this permit, subject to all other regulations of this 
part.
    (B) Eligibility for All Areas and Areas 2 and 3 Limited Access 
Herring Permits, and Confirmation of Permit History (CPH). A vessel is 
eligible for and may be issued either an All Areas or Areas 2 and 3 
Limited Access Herring Permit if it meets the permit history criteria in 
paragraph (a)(10)(iv)(B)(1) of this section and the relevant landing 
requirements in paragraphs (a)(10)(iv)(B)(2) and (3) of this section.
    (1) Permit history criteria for All Areas and Areas 2 and 3 Permits. 
(i) The vessel must have been issued a Federal herring permit (Category 
1 or 2) that was valid as of November 10, 2005; or
    (ii) The vessel is replacing a vessel that was issued a Federal 
herring permit (Category 1 or 2) between November 10, 2003, and November 
9, 2005. To qualify as a replacement vessel, the replacement vessel and 
the vessel being replaced must both be owned by the same vessel owner; 
or, if the vessel being replaced was sunk or destroyed, the vessel owner 
must have owned the vessel being replaced at the time it sunk or was 
destroyed; or, if the vessel being replaced was sold to another person, 
the vessel owner must provide a copy of a written agreement between the 
buyer of the vessel being replaced and the owner/seller of the vessel, 
documenting that the vessel owner/seller retained the herring permit and 
all herring landings history.
    (2) Landings criteria for the All Areas Limited Access Herring 
Permit--(i) The vessel must have landed at least 500 mt of herring in 
any one calendar year between January 1, 1993, and December 31, 2003, as 
verified by dealer reports submitted to NMFS or documented through valid 
dealer receipts, if dealer reports were not required by NMFS. In those 
cases where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction, or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for purchase 
as of December 31, 2003, may extend the period for determining landings 
specified in paragraph (a)(10)(iv)(B)(2)(i) of this section through 
December 31, 2004.
    (iii) Landings criteria for vessels using landings from pair trawl 
operations. To qualify for a limited access permit using landings from 
pair trawl operations, the owners of the vessels engaged in that 
operation must agree on how to divide such landings between the two 
vessels and apply for the permit jointly, as verified by dealer reports 
submitted to NMFS or valid dealer receipts, if dealer reports were not 
required by NMFS.
    (3) Landings criteria for the Areas 2 and 3 Limited Access Herring 
Permit. (i) The vessel must have landed at least 250 mt of herring in 
any one calendar year between January 1, 1993, and December 31, 2003, as 
verified by dealer reports submitted to NMFS or documented through valid 
dealer receipts, if dealer reports were not required by NMFS. In those 
cases where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this

[[Page 569]]

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

[[Page 570]]

sunk, been destroyed, or transferred to another person, but that has not 
been replaced, may apply for and receive a CPH that allows for a 
replacement vessel to obtain the relevant limited access herring permit 
if the fishing and permit history of such vessel has been retained 
lawfully by the applicant as specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and consistent with (a)(10)(iv)(N) 
of this section.
    (D) Application/renewal restrictions. (1) No one may apply for an 
initial limited access Atlantic herring permit or a CPH under paragraph 
(a)(10)(iv)(L) of this section after May 31, 2008, or after the 
abandonment or voluntary relinquishment of permit history as specified 
in paragraph (a)(10)(iv)(M) of this section.
    (2) An applicant who submits written proof that an eligible vessel 
was sold, with the seller retaining the herring history through a 
written agreement signed by both parties to the sale or transfer, may 
not utilize such history if the vessel's history was used to qualify 
another vessel for another limited access permit.
    (3) All limited access permits established under this section must 
be issued on an annual basis by April 30, the last day of the year for 
which the permit is issued, unless a CPH has been issued as specified in 
paragraph (a)(10)(iv)(L) of this section. Application for such permits 
must be received no later than March 31, which is 30 days before the 
last day of the permit year. Failure to renew a limited access permit in 
any fishing year bars the renewal of the permit in subsequent years.
    (E) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (F) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (G) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (H) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (I) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (J) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of 
this section. If a herring CPH is initially issued, the vessel that 
provided the CPH eligibility establishes the size baseline against which 
future vessel size limitations shall be evaluated.
    (K) Limited access permit restrictions. [Reserved]
    (L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (M) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (N) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section. Notwithstanding paragraph (a)(1)(i)(L), vessel owners 
applying for a limited access herring permit who sold vessels with 
limited access permits and retained the herring history before applying 
for the initial limited access herring permit may not use the herring 
history to qualify a vessel for the initial limited access herring 
permit, if the issuance of such permit would violate the restrictions on 
permit splitting. Furthermore, notwithstanding paragraph (a)(1)(i)(L), 
for the purposes of the Atlantic herring fishery, herrings landings 
history generated by separate owners of a single vessel at different 
times may be used the qualify more than one vessel, provided that each 
owner applying for a limited access permit, demonstrates that he/she 
created distinct fishing histories, and that such histories have been 
retained.
    (O) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for a limited access herring permit who is denied such 
permit may appeal the denial to the Regional Administrator within 30 
days of the notice of denial. Any such appeal may only be based on the 
grounds that the information used by the Regional Administrator was 
based on incorrect data. The appeal must be in writing, and must state 
the specific grounds for the appeal.
    (2) Appeal review. The Regional Administrator shall appoint a 
designee who shall make the initial decision on the appeal. The 
appellant may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the

[[Page 571]]

Regional Administrator. The hearing officer shall make findings and a 
recommendation to the Regional Administrator, which shall be advisory 
only. Upon receiving the findings and the recommendation, the Regional 
Administrator shall issue a final decision on the appeal. The Regional 
Administrator's decision is the final administrative action of the 
Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access herring permit may fish under the limited access herring permit, 
provided that the denial has been appealed, the appeal is pending, and 
the vessel has on board a letter from the Regional Administrator 
authorizing the vessel to fish under the limited access category. The 
Regional Administrator shall issue such a letter for the pendency of any 
appeal. The letter of authorization must be carried on board the vessel. 
If the appeal is finally denied, the Regional Administrator shall send a 
notice of final denial to the vessel owner; the authorizing letter 
becomes invalid 5 days after receipt of the notice of denial, but no 
later than 10 days from the date of the letter of denial.
    (v) Open access herring permit. A vessel that has not been issued a 
limited access Atlantic herring permit may obtain an open access 
incidental Atlantic herring permit to possess up to 6,600 lb (3 mt) of 
herring per trip, and is limited to one landing per calendar day.
    (vi) Open access herring permits. A vessel that has not been issued 
a limited access Atlantic herring permit may obtain:
    (A) An All Areas open access Atlantic herring permit to possess up 
to 6,600 lb (3 mt) of herring per trip from all herring management 
areas, limited to one landing per calendar day; and/or
    (B) An Areas 2/3 open access Atlantic herring permit to possess up 
to 20,000 lb (9 mt) of herring per trip from Herring Management Areas 2 
and 3, limited to one landing per calendar day, provided the vessel has 
also been issued a Limited Access Atlantic Mackerel permit, as defined 
at Sec. 648.4(a)(5)(iii).
    (11) Spiny dogfish vessels. Any vessel of the United States that 
commercially fishes for, possesses, or lands spiny dogfish in or from 
the EEZ must have been issued and carry on board a valid commercial 
spiny dogfish vessel permit.
    (12) Tilefish vessels. Any vessel of the United States must have 
been issued, under this part, and carry on board, a valid vessel permit 
to fish for, possess, or land tilefish, in or from the Tilefish 
Management Unit, and must fish under the authorization of a tilefish IFQ 
Allocation permit, issued pursuant to Sec. 648.294, to possess, or land 
tilefish in excess of the trip limit as specified under Sec. 648.295.
    (i) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal Charter/Party vessel 
permit to fish for tilefish in the Tilefish Management Unit, if it 
carries passengers for hire. Recreational fisherman fishing onboard such 
a vessel must observe the recreational possession limits as specified at 
Sec. 648.296 and the prohibition on sale.
    (B) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal Charter/Party tilefish 
vessel permit to fish for blueline tilefish in the EEZ portion of the 
area defined at Sec. 648.298(a), if it carries passengers for hire. Any 
person onboard such a vessel must observe the recreational possession 
limit as specified at Sec. 648.298(c) and the prohibition on sale in 
Sec. 648.14(w)(1)(ii).
    (ii) Blueline tilefish vessels--(A) Commercial. Any vessel of the 
United States must have been issued and have on board a valid Federal 
commercial tilefish permit to fish for, catch, possess, transport, land, 
sell, trade, or barter, any blueline tilefish in excess of the 
recreational possession limit as specified under Sec. 648.298(c) from 
the EEZ portion of the area defined at Sec. 648.298(a).
    (B) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal charter/party tilefish 
vessel permit to fish for blueline tilefish in the EEZ portion of the 
area defined at Sec. 648.298(a), if it carries passengers for hire. Any 
person onboard such a vessel must observe the recreational possession 
limit as specified at Sec. 648.298(c) and

[[Page 572]]

the prohibition on sale in Sec. 648.14(w)(1)(ii).
    (13) Red Crab vessels. Any vessel of the United States must have 
been issued and have on board a valid red crab vessel permit to fish 
for, catch, possess, transport, land, sell, trade, or barter, any red 
crab or red crab part in or from the EEZ portion of the Red Crab 
Management Unit.
    (i) Limited access red crab permit--(A) Eligibility. Any vessel of 
the United States that possesses or lands more than the incidental 
amount of red crab, as specified in Sec. 648.263(b), per red crab trip 
must have been issued and carry on board a valid limited access red crab 
permit.
    (B) Application/renewal restrictions. The provisions of paragraph 
(a)(1)(i)(B) of this section apply.
    (C) Qualification restrictions. The provisions of paragraph 
(a)(1)(i)(C) of this section apply.
    (D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of 
this section apply.
    (E) Replacement vessels. (1) To be eligible for a limited access 
permit under this section, the replacement vessel's length overall may 
not exceed the vessel's baseline length overall by more than 10 percent. 
The replacement vessel must also meet any other applicable criteria 
under paragraph (a)(13)(i)(F) of this section.
    (2) A vessel that lawfully replaced a vessel that meets the 
qualification criteria set forth in paragraph (a)(13)(i)(A) of this 
section may qualify for and fish under the permit category for which the 
replaced vessel qualified.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, provided that the new length overall of the upgraded 
vessel does exceed the vessel's baseline length overall by more than 10 
percent, as applicable.
    (G) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(G) of this section apply.
    (H) Vessel baseline length. The vessel baseline length in this 
section is the overall length of the vessel indicated on the vessel's 
initial limited access permit as of the date the initial vessel applies 
for such permit.
    (I) Limited access permit restrictions. A vessel issued a limited 
access red crab permit may not be issued a red crab incidental catch 
permit during the same fishing year.
    (J) Confirmation of permit history (CPH). Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person and has not been replaced, 
must apply for and receive a CPH that confirms the fishing and permit 
history of such vessel has been retained lawfully by the applicant. To 
be eligible to obtain a CPH, the applicant must show that the qualifying 
vessel met the eligibility requirements, as applicable, in this part. 
Issuance of a valid CPH preserves the eligibility of the applicant to 
apply for a limited access permit for a replacement vessel based on the 
qualifying vessel's fishing and permit history at a subsequent time, 
subject to the replacement provisions specified in this section. If 
fishing privileges have been assigned or allocated previously under this 
part, based on the qualifying vessel's fishing and permit history, the 
CPH preserves such fishing privileges. A CPH must be applied for in 
order for the applicant to preserve the fishing rights and limited 
access eligibility of the qualifying vessel. An application for a CPH 
must be received by the Regional Administrator no later than 30 days 
prior to the end of the first full fishing year in which a vessel permit 
cannot be issued. Failure to do so is considered abandonment of the 
permit as described in paragraph (a)(1)(i)(K) of this section. A CPH 
issued under this part will remain valid until the fishing and permit 
history preserved by the CPH is used to qualify a replacement vessel for 
a limited access permit. Any decision regarding the issuance of a CPH 
for a qualifying vessel that has applied for or been issued previously a 
limited access permit is a final agency action subject to judicial 
review under 5 U.S.C. 704. Information requirements for the CPH 
application are the same as those for a limited access permit. Any 
request for information about the vessel on the CPH application form 
refers to the qualifying vessel that has

[[Page 573]]

been sunk, destroyed, or transferred. Vessel permit applicants who have 
been issued a CPH and who wish to obtain a vessel permit for a 
replacement vessel based upon the previous vessel history may do so 
pursuant to paragraph (a)(13)(i)(E) of this section.
    (K) Abandonment or voluntary relinquishment of permits. The 
provisions of paragraph (a)(1)(i)(K) of this section apply.
    (L) Restriction on permit splitting. The provisions of paragraph 
(a)(1)(i)(L) of this section apply.
    (ii) Red crab incidental catch permit. A vessel of the United States 
that is subject to these regulations and that has not been issued a red 
crab limited access permit is eligible for and may be issued a red crab 
incidental catch permit to catch, possess, transport, land, sell, trade, 
barter, up to 500 lb (226.8 kg) of red crab, or its equivalent as 
specified at Sec. 648.263(a)(2)(i) and (ii), per fishing trip in or 
from the Red Crab Management Unit. Such vessel is subject to the 
restrictions in Sec. 648.263(b).
    (14) Skate vessels. Any vessel of the United States must have been 
issued and have on board a valid skate vessel permit to fish for, 
possess, transport, sell, or land skates in or from the EEZ portion of 
the Skate Management Unit.
    (b) Permit conditions. (1)(i) Any person who applies for and is 
issued or renews a fishing permit under this section agrees, as a 
condition of the permit, that the vessel and the vessel's fishing 
activity, catch, 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 subject to 
all requirements of this part, unless exempted from such requirements 
under this part. All such fishing activities, catch, and gear will 
remain subject to all applicable state requirements. Except as otherwise 
provided in this part, if a requirement of this part and a management 
measure required by a state or local law differ, any vessel owner 
permitted to fish in the EEZ for any species managed under this part, 
except tilefish, must comply with the more restrictive requirement. 
Except as otherwise provided in this part, if a requirement of this part 
and a management measure required by a state or local law differ, any 
vessel owner permitted to fish in the tilefish management unit for 
tilefish managed under this part must comply with the more restrictive 
requirement. Owners and operators of vessels fishing under the terms of 
a summer flounder moratorium, scup moratorium, or black sea bass 
moratorium; or a spiny dogfish or bluefish commercial vessel permit, 
must also agree not to land summer flounder, scup, black sea bass, spiny 
dogfish, or bluefish, respectively, in any state after NMFS has 
published a notification in the Federal Register stating that the 
commercial quota for that state or period has been harvested and that no 
commercial quota is available for the respective species. A state not 
receiving an allocation of summer flounder, scup, black sea bass, or 
bluefish, either directly or through a coast-wide allocation, is deemed 
to have no commercial quota available. Owners and operators of vessels 
fishing under the terms of the tilefish limited access permit must agree 
not to land tilefish after NMFS has published a notification in the 
Federal Register stating that the quota for the tilefish limited access 
category under which a vessel is fishing has been harvested. Owners or 
operators fishing for surfclams and ocean quahogs within waters under 
the jurisdiction of any state that requires cage tags are not subject to 
any conflicting Federal minimum size or tagging requirements. If a 
surfclam and ocean quahog requirement of this part differs from a 
surfclam and ocean quahog management measure required by a state that 
does not require cage tagging, any vessel owners or operators permitted 
to fish in the EEZ for surfclams and ocean quahogs must comply with the 
more restrictive requirement while fishing in state waters. However, 
surrender of a surfclam and ocean quahog vessel permit by the owner by 
certified mail addressed to the Regional Administrator allows an 
individual to comply with the less restrictive state minimum size 
requirement, as long as fishing is conducted exclusively within state 
waters.
    (ii) Any person who applies for or has been issued a limited access 
or moratorium permit on or after September 4,

[[Page 574]]

2007 agrees, as a condition of the permit, that the vessel may not fish 
for, catch, possess, or land, in or from Federal or state waters, any 
species of fish authorized by the permit, unless and until the permit 
has been issued or renewed in any subsequent permit year, or the permit 
either has been voluntarily relinquished pursuant to paragraph 
(a)(1)(i)(K) of this section or otherwise forfeited, revoked, or 
transferred from the vessel.
    (2) A vessel that is issued or renewed a limited access or 
moratorium permit on or after September 4, 2007 for any fishery governed 
under this section is prohibited from fishing for, catching, possessing, 
and/or landing any fish for which the vessel would be authorized under 
the respective limited access or moratorium permit in or from state and/
or Federal waters in any subsequent permit year, unless and until the 
limited access or moratorium permit has been issued or renewed pursuant 
to paragraph (a)(1)(i)(B) of this section and the valid permit is on 
board the vessel. This prohibition does not apply to a vessel for which 
the limited access or moratorium permit has been voluntarily 
relinquished pursuant to paragraph (a)(1)(i)(K) of this section or 
otherwise forfeited, revoked, or transferred from the vessel.
    (c) Permit applications--(1) General. Applicants for a permit under 
this section must submit a completed application on an appropriate form 
obtained from the Regional Administrator. The application must be signed 
and submitted to the Regional Administrator at least 30 days before the 
date on 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. Vessel owners who are 
eligible to apply for limited access or moratorium permits under this 
part shall provide information with the application sufficient for the 
Regional Administrator to determine whether the vessel meets the 
applicable eligibility requirements specified in this section.
    (2) Vessel permit information requirements. (i) An application for a 
permit issued under this section, in addition to the information 
specified in paragraph (c)(1) of this section, also must contain at 
least the following information, and any other information required by 
the Regional Administrator: Vessel name, owner name or name of the 
owner's authorized representative, mailing address, and telephone 
number; USCG documentation number and a copy of the vessel's current 
USCG documentation or, for a vessel not required to be documented under 
title 46 U.S.C., the vessel's state registration number and a copy of 
the current state registration; a copy of the vessel's current party/
charter boat license (if applicable), home port and principal port of 
landing, length overall, GRT, NT, engine horsepower, year the vessel was 
built, type of construction, type of propulsion, approximate fish hold 
capacity, type of fishing gear used by the vessel, number of crew, 
number of party or charter passengers licensed to be carried (if 
applicable), permit category, if the owner is a corporation, a copy of 
the current Certificate of Incorporation or other corporate papers 
showing the date of incorporation and the names of the current officers 
of the corporation, and the names and addresses of all shareholders 
owning 25 percent or more of the corporation's shares; if the owner is a 
partnership, a copy of the current Partnership Agreement and the names 
and addresses of all partners; if there is more than one owner, the 
names of all owners having a 25-percent interest or more; and permit 
number of any current or, if expired, previous Federal fishery permit 
issued to the vessel.
    (ii) An application for an initial limited access multispecies hook-
gear permit must also contain the following information:
    (A) If the engine horsepower was changed or a contract to change the 
engine horsepower had been entered into prior to July 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit before July 1, 1996, sufficient 
documentation to ascertain the different engine horsepower. However, the 
engine replacement must be completed within 1 year of the date on which 
the contract was signed.
    (B) If the length, GRT, or NT was changed or a contract to change 
the

[[Page 575]]

length, GRT, or NT had been entered into prior to July 1, 1996, such 
that it is different from that stated in the vessel's most recent 
application for a Federal fisheries permit, sufficient documentation to 
ascertain the different length, GRT, or NT. However, the upgrade must be 
completed within 1 year from the date on which the contract was signed.
    (iii) An application for a limited access NE multispecies permit 
must also contain the following information:
    (A) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit category, 
an annual declaration as either a Day or Trip gillnet vessel designation 
as described in Sec. 648.82(j). A vessel owner electing a Day gillnet 
designation must indicate the number of gillnet tags that he/she is 
requesting, and must include a check for the cost of the tags, unless 
the vessel already possesses valid gillnet tags, as identified by the 
Regional Administrator. A permit holder letter will be sent to the owner 
of each eligible gillnet vessel, informing him/her of the costs 
associated with this tagging requirement and providing directions for 
obtaining valid tags. Once a vessel owner has elected this designation, 
he/she may not change the designation or fish under the other gillnet 
category for the remainder of the fishing year. Incomplete applications, 
as described in paragraph (e) of this section, will be considered 
incomplete only for the purposes of obtaining authorization to fish in 
the NE multispecies gillnet fishery and otherwise will be processed or 
issued without a gillnet authorization.
    (B)--(C) [Reserved]
    (iv) An application for a scallop permit must also contain the 
following information:
    (A) For every person named by applicants for limited access scallop 
permits pursuant to paragraph (c)(2)(i) of this section, the names of 
all other vessels in which that person has an ownership interest and for 
which a limited access scallop permit has been issued or applied for.
    (B) If applying for a VMS general scallop permit, or full-time or 
part-time limited access scallop permit, or if opting to use a VMS unit, 
a copy of the vendor installation receipt or proof of vendor activation 
of the VMS from a NMFS-approved VMS vendor. NMFS-approved vendors are 
described in Sec. 648.9.
    (C) If applying to fish under the small dredge program set forth 
under Sec. 648.51(e), an annual declaration into the program.
    (v) An application for a surf clam and ocean quahog permit must also 
contain the pump horsepower.
    (vi) Prior to issuance of a limited access Atlantic herring permit, 
a VMS unit provided by a NMFS-approved vendor must be installed and NMFS 
must receive a notice from the vendor that the VMS is activated.
    (vii) The owner of a vessel that has been issued a Tier 1 or Tier 2 
limited access mackerel must submit a volumetric fish hold certification 
measurement, as described in paragraph (a)(5)(iii)(H) of this section, 
with the permit renewal application for the 2013 fishing year.
    (d) Fees. The Regional Administrator may charge a fee to recover 
administrative expenses of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Administrator, 
for determining administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with each application 
form. The appropriate fee must accompany each application; if it does 
not, the application will be considered incomplete for purposes of 
paragraph (e) of this section. Any fee paid by an insufficiently funded 
commercial instrument shall render any permit issued on the basis 
thereof null and void.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator shall issue a permit within 30 days of 
receipt of the application, unless the application is deemed incomplete 
for the following reasons:
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and

[[Page 576]]

the applicant has submitted all applicable reports specified in Sec. 
648.7;
    (ii) The application was not received by the Regional Administrator 
by the applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section;
    (iv) An applicant for a limited access multispecies combination 
vessel or individual DAS permit, a limited access scallop permit (except 
an occasional scallop permit), an LAGC scallop permit, or electing to 
use a VMS, has failed to meet all of the VMS requirements specified in 
Sec. Sec. 648.9 and 648.10; or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly executed application for any permit under this part, the 
Regional Administrator shall notify the applicant of the deficiency in 
the application. If the applicant fails to correct the deficiency within 
30 days following the date of notification, the application will be 
considered abandoned.
    (f) Change in permit information. Any change in the information 
specified in paragraphs (c)(2) or (c)(3) of this section must be 
submitted by the applicant in writing to the Regional Administrator 
within 15 days of the change, or the permit is void.
    (g) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (h) Duration. A permit will continue in effect unless it is revoked, 
suspended, or modified under 15 CFR part 904, or otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information on the permit application to the Regional Administrator 
as specified in paragraph (f) of this section. However, the Regional 
Administrator may authorize the continuation of a permit if the new 
owner so requests. Applications for permit continuations must be 
addressed to the Regional Administrator.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. A permit may be reissued by the Regional 
Administrator when requested in writing, stating the need for 
reissuance, the name of the vessel (if applicable), and the fishing 
permit number assigned. An application for the reissuance of a permit 
will not be considered a new application. The fee for a reissued permit 
shall be the same as for an initial permit.
    (k) Transfer. A permit issued under this part is not transferable or 
assignable. A permit will be valid only for the fishing vessel, owner 
and/or person for which it is issued.
    (l) Display. A vessel permit must be carried, at all times, on board 
the vessel for which it is issued and shall be subject to inspection 
upon request by any authorized officer. A person issued a permit under 
this section must be able to present the permit for inspection when 
requested by an authorized officer. Permits must be maintained in 
legible condition.
    (m) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions or denials are found at 
subpart D of 15 CFR part 904.
    (n) Federal grant awards. The Regional Administrator may suspend, 
cancel, fail to renew, modify, or otherwise rescind any Federal fishing 
vessel permit, issued pursuant to this section, including the rights 
thereto, held by a person, corporation, non-profit organization, or 
government entity if the terms and conditions of any Federal grant award 
used to obtain said permit, or an associated memorandum of understanding 
or agreement, are violated by the grant recipient.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 81 FR 39594, June 17, 2016, Sec. 648.4 was 
amended by adding paragraph (a)(12)(ii), effective June 17, 2016 through 
Dec. 14, 2016.



Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing: 
Atlantic sea

[[Page 577]]

scallops, NE multispecies, spiny dogfish, monkfish, Atlantic herring, 
Atlantic surfclam, ocean quahog, Atlantic mackerel, squid, butterfish, 
scup, black sea bass, or Atlantic bluefish, harvested in or from the 
EEZ; 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; or Atlantic deep-sea red crab harvested in or 
from the EEZ portion of the Red Crab Management Unit, 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.
    (1) The operator permit provisions outlined in Sec. 648.5(a) 
pertaining to operator permit requirements also apply to the operator of 
any vessel fishing for or possessing blueline tilefish harvested in or 
from the EEZ portion of the area defined at Sec. 648.298(a).
    (2) [Reserved]
    (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 subject to all requirements of this part while 
fishing in the EEZ or on board a vessel for which a permit is issued 
under Sec. 648.4, unless exempted from such requirements under Sec. 
648.12. The vessel and all such fishing, catch, and gear will remain 
subject to all applicable state or local requirements. Further, such 
operators must agree, as a condition of this permit, that, if the permit 
is suspended or revoked pursuant to 15 CFR part 904, the operator cannot 
be aboard any fishing vessel issued a Federal fisheries permit or any 
vessel subject to Federal fishing regulations while the vessel is at sea 
or engaged in offloading. If a requirement of this part and a management 
measure required by state or local law differ, any operator issued a 
permit under this part must comply with the more restrictive 
requirement.
    (d) Information requirements. An applicant must provide at least all 
the following information and any other information required by the 
Regional Administrator: Name, mailing address, and telephone number; 
date of birth; hair color; eye color; height; weight; and signature of 
the applicant. The applicant must also provide two recent (no more than 
1 year old), color, passport-size photographs.
    (e) Fees. Same as Sec. 648.4(d).
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator shall issue an operator's permit within 30 
days of receipt of a completed application, if the criteria specified 
herein are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Administrator will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. Same as Sec. 648.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Administrator as specified in paragraph (k) 
of this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the

[[Page 578]]

Federal operator permit number assigned. An applicant for a reissued 
permit must also provide two recent, color, passport-size photos of the 
applicant. An application for a reissued permit will not be considered a 
new application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom it is issued.
    (k) Change in permit application information. Notice of a change in 
the permit holder's name, address, or telephone number must be submitted 
in writing to, and received by, the Regional Administrator within 15 
days of the change in information. If written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. Same as Sec. 648.4(i).
    (m) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer or NMFS official.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be aboard a federally permitted fishing vessel in any capacity 
while the vessel is at sea or engaged in offloading. Procedures 
governing enforcement related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.5, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 81 FR 39594, June 17, 2016, Sec. 648.5 was 
amended by adding paragraph (a)(1), effective June 17, 2016 through Dec. 
14, 2016.



Sec. 648.6  Dealer/processor permits.

    (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, squid, butterfish, scup, bluefish, 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 Sec. 648.2; must have been issued under this 
section, and have in their possession, a valid permit or permits for 
these species.
    (2) At-sea processors--(i) At-sea mackerel processors. 
Notwithstanding the provisions of Sec. 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 Sec. 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 herring is subject to dealer reporting requirements 
specified in Sec. 648.7(a).
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least the 
following information, as applicable, and any other information required 
by the Regional Administrator: Company name, place(s) of business 
(principal place of business if applying for a surfclam and ocean quahog 
permit), mailing address(es) and telephone number(s), owner's name, 
dealer permit number (if a renewal), name and signature of the person 
responsible for the truth and accuracy of the application, a copy of the 
certificate of incorporation if the business is a corporation, and a 
copy of the partnership agreement and the names and addresses of

[[Page 579]]

all partners, if the business is a partnership, name of at-sea processor 
vessel, and current vessel documentation papers.
    (d) Fees. Same as Sec. 648.4(d).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator will issue a permit at any time during the 
fishing year to an applicant, unless the applicant fails to submit a 
completed application. An application is complete when all requested 
forms, information, and documentation have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7 
during the 12 months immediately preceding the application. Upon receipt 
of an incomplete or improperly executed application, the Regional 
Administrator will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Expiration. Same as Sec. 648.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Administrator as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the Federal dealer permit 
number assigned. An application for a reissued permit will not be 
considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Same as Sec. 648.5(k).
    (k) Alteration. Same as Sec. 648.4(i).
    (l) Display. Same as Sec. 648.5(m).
    (m) Federal versus state requirements. If a requirement of this part 
differs from a fisheries management measure required by state law, any 
dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Same as Sec. 648.4(m).

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 64 FR 57593, Oct. 26, 1999; 65 FR 45851, July 
26, 2000; 65 FR 77465, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 
49699, Aug. 19, 2003; 69 FR 4864, Feb. 2, 2004; 69 FR 16178, Mar. 29, 
2004; 69 FR 30841, June 1, 2004; 72 FR 20038, Apr. 23, 2007; 72 FR 
11273, Mar. 12, 2007; 76 FR 60649, Sept. 29, 2011]



Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Detailed report. 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.

[[Page 580]]

    (ii) Exceptions. The following exceptions apply to reporting 
requirements for dealers permitted under this part:
    (A) Inshore Exempted Species, as defined in Sec. 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 Northeast Region (Maine, New Hampshire, 
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only 
purchases or receipts of species managed by the Northeast Region under 
this part, and American lobster, managed under part 697 of this chapter, 
must be reported. Other reporting requirements may apply to those 
species not managed by the Northeast Region, which are not affected by 
this provision; and
    (C) Dealers issued a permit for Atlantic bluefin tuna under part 635 
of this chapter are not required to report their purchases or receipts 
of Atlantic bluefin tuna under this part. Other reporting requirements, 
as specified in Sec. 635.5 of this chapter, apply to the receipt of 
Atlantic bluefin tuna.
    (2) System requirements. All persons required to submit reports 
under paragraph (a)(1) of this section are required to have the 
capability to transmit data via the Internet. To ensure compatibility 
with the reporting system and database, dealers are required to utilize 
a personal computer, in working condition, that meets the minimum 
specifications identified by NMFS. The affected public will be notified 
of the minimum specifications via a letter to all Federal dealer permit 
holders.
    (3) Annual report. All persons issued a permit under this part are 
required to submit the following information on an annual basis, on 
forms supplied by the Regional Administrator:
    (i) All dealers and processors issued a permit under this part must 
complete all sections of the Annual Processed Products Report for all 
species that were processed during the previous year. Reports must be 
submitted to the address supplied by the Regional Administrator.
    (ii) Surfclam and ocean quahog processors and dealers whose plant 
processing capacities change more than 10 percent during any year shall 
notify the Regional Administrator in writing within 10 days after the 
change.
    (iii) Atlantic herring processors, including processing vessels, 
must complete and submit all sections of the Annual Processed Products 
Report.
    (iv) Atlantic hagfish processors must complete and submit all 
sections of the Annual Processed Products Report.
    (4) [Reserved]
    (b) Vessel owners or operators--(1) Fishing Vessel Trip Reports--(i) 
The owner or operator of any vessel issued a valid permit or eligible to 
renew a limited access permit under this part must maintain on board the 
vessel, and submit, an accurate fishing log report for each fishing 
trip, regardless of species fished for or taken, on forms supplied by or 
approved by the Regional Administrator. If authorized in writing by the 
Regional Administrator, a vessel owner or operator may submit reports 
electronically, for example by using a VMS or other media. With the 
exception of those vessel owners or operators fishing under a surfclam 
or ocean quahog permit, at least the following information and any other 
information required by the Regional Administrator must be provided: 
Vessel name; USCG documentation number (or state registration number, if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a charter or party boat); 
gear fished; quantity and size of gear; mesh/ring size; chart area 
fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; hail 
weight, in pounds (or count of individual fish, if a party or charter 
vessel), by species, of all species, or parts of species, such as 
monkfish livers, landed or discarded; and, in the case of skate 
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total length) 
or ``large'' (i.e., 23 inches (58.42 cm) or greater, total length) 
skates; dealer permit number; dealer name; date sold, port and state 
landed; and vessel operator's name, signature, and operator's permit 
number (if applicable).
    (ii) Surfclam and ocean quahog vessel owners and operators. The 
owner or operator of any vessel conducting any

[[Page 581]]

surfclam and ocean quahog fishing operations, except those conducted 
exclusively in waters of a state that requires cage tags or when he/she 
has surrendered the surfclam and ocean quahog fishing vessel permit, 
shall maintain, on board the vessel, an accurate daily fishing log for 
each fishing trip, on forms supplied by the Regional Administrator, 
showing at least: Name and permit number of the vessel, total amount in 
bushels of each species taken, date(s) caught, time at sea, duration of 
fishing time, locality fished, crew size, crew share by percentage, 
landing port, date sold, price per bushel, buyer, tag numbers from cages 
used, quantity of surfclams and ocean quahogs discarded, and allocation 
permit number.
    (2) IVR system reports--(i) Atlantic herring owners or operators 
issued an All Areas open access permit. The owner or operator of a 
vessel issued an All Areas opn 9access permit to fish for herring must 
report catch (retained and discarded) of herring via an IVR system for 
each week herring was caught, unless exempted by the Regional 
Administrator. IVR reports are not required for weeks when no herring 
was caught. The report shall include at least the following information, 
and any other information required by the Regional Administrator: Vessel 
identification; week in which herring are caught; management areas 
fished; and pounds retained and pounds discarded of herring caught in 
each management area. The IVR reporting week begins on Sunday at 0001 hr 
(12:01 a.m.) local time and ends Saturday at 2400 hr (12 midnight). 
Weekly Atlantic herring catch reports must be submitted via the IVR 
system by midnight each Tuesday, eastern time, for the previous week. 
Reports are required even if herring caught during the week has not yet 
been landed. This report does not exempt the owner or operator from 
other applicable reporting requirements of this section.
    (ii) Tilefish vessel owners or operators. The owner or operator of 
any vessel fishing under a tilefish IFQ allocation permit issued under 
this part, as described in Sec. 648.294(a), must submit a tilefish 
catch report by using the IVR system, or other reporting system approved 
by the Regional Administrator, within 48 hours after returning to port 
and offloading. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Vessel identification; trip during which tilefish are 
caught; pounds landed; VTR pre-printed serial number; and the Federal 
dealer number for the dealer who purchases the tilefish. This reporting 
requirement does not exempt the owner or operator from other applicable 
reporting requirements of this section.
    (3) VMS Catch Reports--(i) Atlantic herring owners or operators 
issued a limited access permit or Areas 2/3 open access permit. The 
owner or operator of a vessel issued a limited access permit or Areas 2/
3 open access permit to fish for herring must report catch (retained and 
discarded) of herring daily via VMS, unless exempted by the Regional 
Administrator. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Fishing Vessel Trip Report serial number; month and day 
herring was caught; pounds retained for each herring management area; 
and pounds discarded for each herring management area. Additionally, the 
owner or operator of a vessel issued a limited access permit or Areas 2/
3 open access permit to fish for herring using midwater trawl or bottom 
trawl gear must report daily via VMS the estimated total amount of all 
species retained (in pounds, landed weight) by statistical area for use 
in tracking catch against catch caps (haddock, river herring and shad) 
in the herring fishery. Daily Atlantic herring VMS catch reports must be 
submitted in 24-hr intervals for each day and must be submitted by 0900 
hr (9:00 a.m.) of the following day. Reports are required even if 
herring caught that day has not yet been landed. This report does not 
exempt the owner or operator from other applicable reporting 
requirements of this section.
    (A) The owner or operator of any vessel issued a limited access 
herring permit or Areas 2/3 open access permit must submit a catch 
report via VMS each day, regardless of how much herring is caught 
(including days when no herring is caught), unless exempted

[[Page 582]]

from this requirement by the Regional Administrator.
    (B) Atlantic herring VMS reports are not required from Atlantic 
herring carrier vessels.
    (C) Reporting requirements for vessels transferring herring at sea. 
The owner or operator of a vessel issued a limited access permit to fish 
for herring that transfers herring at sea must comply with these 
requirements in addition to those specified at Sec. 648.13(f).
    (1) A vessel that transfers herring at sea to a vessel that receives 
it for personal use as bait must report all transfers on the Fishing 
Vessel Trip Report.
    (2) A vessel that transfers herring at sea to an authorized carrier 
vessel must report all catch daily via VMS and must report all transfers 
on the Fishing Vessel Trip Report. Each time the vessel transfers catch 
to the carrier vessel is defined as a trip for the purposes of reporting 
requirements and possession allowances.
    (3) A vessel that transfers herring at sea to an at-sea processor 
must report all catch daily via VMS and must report all transfers on the 
Fishing Vessel Trip Report. Each time the vessel offloads to the at-sea 
processing vessel is defined as a trip for the purposes of the reporting 
requirements and possession allowances. For each trip, the vessel must 
submit a Fishing Vessel Trip Report and the at-sea processing vessel 
must submit the detailed dealer report specified in paragraph (a)(1) of 
this section.
    (4) A transfer between two vessels issued limited access permits 
requires each vessel to submit a Fishing Vessel Trip Report, filled out 
as required by the LOA to transfer herring at sea, and a daily VMS catch 
report for the amount of herring each vessel catches.
    (ii) Atlantic mackerel owners or operators. The owner or operator of 
a vessel issued a limited access mackerel permit must report catch 
(retained and discarded) of mackerel daily via VMS, unless exempted by 
the Regional Administrator. The report must include at least the 
following information, and any other information required by the 
Regional Administrator: Fishing Vessel Trip Report serial number; month, 
day, and year mackerel was caught; total pounds of mackerel retained and 
total pounds of all fish retained. Daily mackerel VMS catch reports must 
be submitted in 24-hr intervals for each day and must be submitted by 
0900 hr on the following day. Reports are required even if mackerel 
caught that day have not yet been landed. This report does not exempt 
the owner or operator from other applicable reporting requirements of 
this section.
    (iii) Longfin squid/butterfish moratorium permit owners or 
operators. The owner or operator of a vessel issued a longfin squid/
butterfish moratorium permit must report catch (retained and discarded) 
of longfin squid daily via VMS, unless exempted by the Regional 
Administrator. The report must include at least the following 
information, and any other information required by the Regional 
Administrator: Fishing Vessel Trip Report serial number; month, day, and 
year longfin squid was caught; total pounds longfin squid retained and 
total pounds of all fish retained. Daily longfin squid VMS catch reports 
must be submitted in 24-hr intervals for each day and must be submitted 
by 0900 hr on the following day. Reports are required even if longfin 
squid caught that day have not yet been landed. This report does not 
exempt the owner or operator from other applicable reporting 
requirements of this section.
    (c) When to fill out a log report. Log reports required by paragraph 
(b)(1)(i) of this section must be filled out with all required 
information, except for information not yet ascertainable, prior to 
entering port. Information that may be considered unascertainable prior 
to entering port includes dealer name, dealer permit number, and date 
sold. Log reports must be completed as soon as the information becomes 
available. Log reports required by paragraph (b)(1)(ii) of this section 
must be filled out before landing any surfclams or ocean quahogs.
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part must 
make immediately available for inspection copies of reports, and all 
records upon which those reports are or will be based, that

[[Page 583]]

are required to be submitted or kept under this part.
    (e) Record retention--(1) Dealer records. Any record, as defined in 
Sec. 648.2, related to fish possessed, received, or purchased by a 
dealer that is required to be reported, must be retained and made 
available for immediate review for a total of 3 years after the date the 
fish were first possessed, received, or purchased. Dealers must retain 
the required records and reports at their principal place of business.
    (2) VTRs. Copies of fishing log reports must be kept on board the 
vessel and available for review for at least 1 year, and must be 
retained for a total of 3 years after the date the fish were last 
possessed, landed, and sold.
    (3) At-sea monitor reports. Any record, as defined in Sec. 648.2, 
related to fish observed by an at-sea monitor, including any reports 
provided to NMFS, sector managers, or another third-party service 
provider specified in paragraph (h) of this section, must be retained 
and made available for immediate review for a total of 3 years after the 
date the fish were first observed. At-sea monitor providers must retain 
the required records and reports at their principal place of business.
    (f) Submitting reports--(1) Dealer or processor reports. (i) 
Detailed reports required by paragraph (a)(1)(i) of this section must be 
received by midnight of the first Tuesday following the end of the 
reporting week. If no fish are purchased or received during a reporting 
week, the report so stating required under paragraph (a)(1)(i) of this 
section must be received by midnight of the first Tuesday following the 
end of the reporting week.
    (ii) [Reserved]
    (iii) Dealers who want to make corrections to their trip-level 
reports via the electronic editing features may do so for up to 3 
business days following submission of the initial report. If a 
correction is needed more than 3 business days following the submission 
of the initial trip-level report, the dealer must contact NMFS directly 
to request an extension of time to make the correction.
    (iv) Through April 30, 2005, to accommodate the potential lag in 
availability of some required data, the trip identifier, price and 
disposition information required under paragraph (a)(1) may be submitted 
after the detailed weekly report, but must be received within 16 days of 
the end of the reporting week or the end of the calendar month, 
whichever is later. Dealers will be able to access and update previously 
submitted trip identifier, price, and disposition data.
    (v) Effective May 1, 2005, the trip identifier required under 
paragraph (a)(1) of this section must be submitted with the detailed 
report, as required under paragraphs (f)(1)(i) of this section. Price 
and disposition information may be submitted after the initial detailed 
report, but must be received within 16 days of the end of the reporting 
week.
    (vi) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator (see Table 1 to Sec. 600.502) for the address of NMFS 
Statistics.
    (2) Fishing vessel log reports. (i) For any vessel not issued a NE 
multispecies; Atlantic herring permit; or any Atlantic mackerel, longfin 
squid, Illex squid, or butterfish permit; fishing vessel log reports, 
required by paragraph (b)(1)(i) of this section, must be postmarked or 
received by NMFS within 15 days after the end of the reporting month. 
For any vessel issued a NE multispecies permit; Atlantic herring permit; 
or any Atlantic mackerel, longfin squid, Illex squid, or butterfish 
permit; fishing vessel log reports must be postmarked or received by 
midnight of the first Tuesday following the end of the reporting week. 
For the purposes of this paragraph (f)(2)(i), the date when fish are 
offloaded will establish the reporting week or month the VTR must be 
submitted to NMFS, as appropriate.
    (ii) Surfclam and ocean quahog log reports, required by paragraph 
(b)(1)(ii) of this section, must be postmarked or received within 3 days 
after the end of each reporting week.
    (3) At-sea purchasers and processors. With the exception of the 
owner or operator of an Atlantic herring carrier vessel, the owner or 
operator of an at-

[[Page 584]]

sea purchaser or processor that purchases or processes any Atlantic 
herring, Atlantic mackerel, squid, butterfish, scup, or black sea bass 
at sea must submit information identical to that required by paragraph 
(a)(1) of this section and provide those reports to the Regional 
Administrator or designee by the same mechanism and on the same 
frequency basis.
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and make available to an official 
designee of the Regional Administrator any fish purchased from vessels 
for the collection of biological data. Such data include, but are not 
limited to, length measurements of fish and the collection of age 
structures such as otoliths or scales.
    (h) At-sea monitor/electronic monitoring reports. Any at-sea monitor 
assigned to observe a sector trip and any third-party service provider 
analyzing data from electronic monitoring equipment deployed on a sector 
trip must submit reports on catch, discard, and other data elements 
specified by the Regional Administrator to NMFS, the sector manager, and 
monitoring contractor, as instructed by the Regional Administrator.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.8  Vessel identification.

    (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.

[61 FR 34968, July 3, 1996, as amended at 76 FR 60649, Sept. 29, 2011]



Sec. 648.9  VMS vendor and unit requirements.

    (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.

[[Page 585]]

    (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.

[74 FR 20530, May 4, 2009, as amended at 79 FR 77410, Dec. 24, 2014]



Sec. 648.10  VMS and DAS requirements for vessel owners/operators.

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

[[Page 586]]

 
48. Hatteras Inlet Entrance Buoy  35 deg.10'          75 deg.46'
 ``HI''.
49. Ocracoke Inlet Whistle Buoy   35 deg.01.5'        76 deg.00.5'
 ``OC''.
50. A point east of Cape Lookout  34 deg.36.5'        76 deg.30'
 Light.
51. Southern terminus point.....  34 deg.35'          76 deg.41'
------------------------------------------------------------------------

    (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 Sec. 
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 Sec. 
648.60;
    (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 Sec. 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 Sec. 648.95; and
    (8) A vessel issued a limited access herring permit (i.e., All Areas 
Limited Access Permit, Areas 2 and 3 Limited Access Permit, Incidental 
Catch Limited Access Permit), or a vessel issued an Areas 2/3 open 
access herring permit, or a vessel declaring an Atlantic herring carrier 
trip via VMS.
    (9) Vessels issued a Tier 1, Tier 2, or Tier 3 limited access 
Atlantic mackerel permit; or
    (10) Vessels issued a longfin squid/butterfish moratorium permit.
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
paragraph (c)(1)(ii) of this section, all vessels required to use VMS 
units, as specified in paragraph (b) of this section, must transmit a 
signal indicating the vessel's accurate position, as specified under 
paragraph (c)(1)(i) of this section:
    (i) At least every hour, 24 hr a day, throughout the year; or
    (ii) At least twice per hour, 24 hr a day, throughout the year, for 
vessels issued a scallop permit.
    (2) Power-down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one or more of the 
following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) The vessel owner signs out of the VMS program for a minimum 
period of 30 consecutive days by obtaining a valid letter of exemption 
pursuant to paragraph (c)(2)(ii) of this section, the vessel does not 
engage in any fisheries or move from the dock/mooring until the VMS unit 
is turned back on, and the vessel complies with all conditions and 
requirements of said letter;
    (C) [Reserved]

[[Page 587]]

    (D) The vessel has been issued an LAGC permit, is not in possession 
of any scallops onboard the vessel, is tied to a permanent dock or 
mooring, the vessel operator has notified NMFS through VMS by 
transmitting the appropriate VMS power-down code that the VMS will be 
powered down, and the vessel is not required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must re-power the VMS and submit a valid VMS 
activity declaration prior to moving from the fixed dock or mooring. VMS 
codes and instructions are available from the Regional Administrator.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; the exact time period for which an exemption is needed (i.e., 
the time the VMS signal will be turned off and turned on again); and, in 
the case of a vessel meeting the conditions of paragraph (c)(2)(i)(A) of 
this section, sufficient information to determine that the vessel will 
be out of the water for more than 72 consecutive hours. The letter of 
exemption must be on board the vessel at all times, and the vessel may 
not turn off the VMS signal until the letter of exemption has been 
received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under this paragraph (c)(2), and that the issuance of the 
letter of exemption will not jeopardize accurate monitoring of the 
vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
    (d) Presumption. If a VMS unit fails to transmit an hourly signal of 
a vessel's position, the vessel shall be deemed to have incurred a DAS, 
or fraction thereof, for as long as the unit fails to transmit a signal, 
unless a preponderance of evidence shows that the failure to transmit 
was due to an unavoidable malfunction or disruption of the transmission 
that occurred while the vessel was properly declared out of the scallop 
fishery, NE multispecies fishery, or monkfish fishery, as applicable, or 
while the vessel was not at sea.
    (e) VMS notifications--(1) VMS installation notification. (i) The 
owner of such a vessel specified in paragraph (b) of this section, with 
the exception of a vessel issued a limited access NE multispecies permit 
as specified in paragraph (b)(4) of this section, must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has an operational VMS unit 
installed on board that meets the minimum performance criteria, unless 
otherwise allowed under paragraph (b) of this section.
    (ii) Vessel owners must confirm the VMS unit's operation and 
communications service to NMFS by calling the Office of Law Enforcement 
(OLE) to ensure that position reports are automatically sent to and 
received by NMFS OLE.
    (iii) NMFS does not regard the fishing vessel as meeting the VMS 
requirements until automatic position reports and a manual declaration 
are received.
    (iv) If a vessel has already been issued a limited access permit 
without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the minimum performance criteria, and 
for the owner to provide documentation of such installation to the 
Regional Administrator.
    (v) The owner of a vessel issued a limited access NE multispecies 
permit that fishes or intends to fish under a NE multispecies Category A 
or B DAS, or that catches regulated species or ocean pout while on a 
sector trip, as specified in paragraph (b)(4) of this section, must 
provide documentation to the Regional Administrator that the vessel has 
an operational VMS unit installed on board, meeting all requirements of 
this part, prior to fishing under a NE multispecies DAS or under the 
provisions of an approved sector operations plan.

[[Page 588]]

    (vi) NMFS shall provide notification to all affected permit holders 
providing detailed information on procedures pertaining to VMS purchase, 
installation, and use.
    (2) Replacement VMS installations. Should a VMS unit require 
replacement, a vessel owner must submit documentation to the Regional 
Administrator, within 3 days of installation and prior to the vessel's 
next trip, verifying, as described in this paragraph (e), that the new 
VMS unit is an operational approved system as described under Sec. 
648.9(a).
    (3) Access. As a condition to obtaining a limited access scallop, 
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine 
mahogany quahog permit; or as a condition of using a VMS unit; all 
vessel owners must allow NMFS, the USCG, and their authorized officers 
or designees access to the vessel's DAS data, if applicable, and to 
location data obtained from its VMS unit, if required, at the time of or 
after its transmission to the vendor or receiver, as the case may be.
    (4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, is 
prohibited. Tampering includes any activity that may affect the unit's 
ability to operate or signal properly, or to accurately compute or 
report the vessel's position.
    (5) Fishery participation notification. (i) A vessel subject to the 
VMS requirements of Sec. 648.9 and paragraphs (b) through (d) of this 
section that has crossed the VMS Demarcation Line under paragraph (a) of 
this section is deemed to be fishing under the DAS program, the Access 
Area Program, the LAGC IFQ or NGOM scallop fishery, or other fishery 
requiring the operation of VMS as applicable, unless prior to leaving 
port, the vessel's owner or authorized representative declares the 
vessel out of the scallop, NE multispecies, or monkfish fishery, as 
applicable, for a specific time period. NMFS must be notified by 
transmitting the appropriate VMS code through the VMS, or unless the 
vessel's owner or authorized representative declares the vessel will be 
fishing in the Eastern U.S./Canada Area, as described in Sec. 
648.85(a)(3)(ii), under the provisions of that program.
    (ii) Notification that the vessel is not under the DAS program, the 
Access Area Program, the LAGC IFQ or NGOM scallop fishery, or any other 
fishery requiring the operation of VMS, must be received by NMFS prior 
to the vessel leaving port. A vessel may not change its status after the 
vessel leaves port or before it returns to port on any fishing trip, 
unless the vessel is a scallop vessel and is exempted, as specified in 
paragraph (f) of this section.
    (iii) DAS counting for a vessel that is under the VMS notification 
requirements of paragraph (b) of this section, with the exception of 
vessels that have elected to fish exclusively in the Eastern U.S./Canada 
Area on a particular trip, as described in paragraph (e)(5) of this 
section, begins with the first location signal received showing that the 
vessel crossed the VMS Demarcation Line after leaving port. DAS counting 
ends with the first location signal received showing that the vessel 
crossed the VMS Demarcation Line upon its return to port, unless the 
vessel is declared into a limited access scallop DAS trip and, upon its 
return to port, declares out of the scallop fishery shoreward of the VMS 
Demarcation Line at or south of 39 deg. N. lat., as specified in 
paragraph (f)(6) of this section, and lands in a port south of 39 deg. 
N. lat.
    (iv) For those vessels that have elected to fish exclusively in the 
Eastern U.S./Canada Area pursuant to Sec. 648.85(a)(3)(ii), the 
requirements of this paragraph (b) begin with the first location signal 
received showing that the vessel crossed into the Eastern U.S./Canada 
Area and end with the first location signal received showing that the 
vessel crossed out of the Eastern U.S./Canada Area upon beginning its 
return trip to port, unless the vessel elects to also fish outside the 
Eastern U.S./Canada Area on the same trip, in accordance with Sec. 
648.85(a)(3)(ii)(A).
    (v) The Regional Administrator may authorize or require the use of 
the call-in system instead of the use of VMS, as described under 
paragraph (h) of this section. Furthermore, the Regional Administrator 
may authorize or require the use of letters of authorization as an 
alternative means of enforcing possession limits, if VMS cannot be used 
for such purposes.

[[Page 589]]

    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hr prior to leaving port, the owner or authorized representative 
of a scallop vessel that is required to use VMS as specified in 
paragraph (b)(1) of this section must notify the Regional Administrator 
by transmitting the appropriate VMS code that the vessel will be 
participating in the scallop DAS program, Area Access Program, LAGC 
scallop fishery, or will be fishing outside of the scallop fishery under 
the requirements of its other Federal permits, or that the vessel will 
be steaming to another location prior to commencing its fishing trip by 
transmitting a ``declared out of fishery'' VMS code. If the owner or 
authorized representative of a scallop vessel declares out of the 
fishery for the steaming portion of the trip, the vessel cannot possess, 
retain, or land scallops, or fish for any other fish. Prior to 
commencing the fishing trip following a ``declared out of fishery'' 
trip, the owner or authorized representative must notify the Regional 
Administrator by transmitting the appropriate VMS code, before first 
crossing the VMS Demarcation Line, that the vessel will be participating 
in the scallop DAS program, Area Access Program, or LAGC scallop 
fishery. VMS codes and instructions are available from the Regional 
Administrator upon request.
    (1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the 
VMS Demarcation Line specified under paragraph (a) of this section is 
deemed to be fishing under the IFQ program, unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery by notifying the Regional 
Administrator through the VMS. If the vessel has not fished for any fish 
(i.e., steaming only), after declaring out of the fishery, leaving port, 
and steaming to another location, the owner or authorized representative 
of an IFQ scallop vessel may declare into the IFQ fishery without 
entering another port by making a declaration before first crossing the 
VMS Demarcation Line. An IFQ scallop vessel that is fishing north of 
42 deg.20' N. lat. is deemed to be fishing under the NGOM scallop 
fishery unless prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section. 
After declaring out of the fishery, leaving port, and steaming to 
another location, if the IFQ scallop vessel has not fished for any fish 
(i.e., steaming only), the vessel may declare into the NGOM fishery 
without entering another port by making a declaration before first 
crossing the VMS Demarcation Line.
    (2) NGOM scallop fishery. A NGOM scallop vessel is deemed to be 
fishing in Federal waters of the NGOM management area and will have its 
landings applied against the NGOM management area TAC, specified in 
Sec. 648.62(b)(1), unless:
    (i) Prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, 
and the vessel does not possess, retain, or land scallops while under 
such a declaration. After declaring out of the fishery, leaving port, 
and steaming to another location, if the NGOM scallop vessel has not 
fished for any other fish (i.e., steaming only), the vessel may declare 
into the NGOM fishery without entering another port by making a 
declaration before first crossing the VMS Demarcation Line.
    (ii) The vessel has specifically declared into the state-only NGOM 
fishery, thus is fishing exclusively in the state waters portion of the 
NGOM management area.
    (3) Incidental scallop fishery. An Incidental scallop vessel that 
has crossed the VMS Demarcation Line on any declared fishing trip for 
any species is deemed to be fishing under the Incidental scallop 
fishery.
    (4) Catch reports. (i) The owner or operator of a limited access or 
LAGC IFQ vessel that fishes for, possesses, or retains scallops, and is 
not fishing under a NE Multispecies DAS or sector allocation, must 
submit reports through the VMS, in accordance with instructions to be 
provided by the Regional Administrator, for each day fished, including 
open area trips, access area trips as described in Sec. 648.60(a)(9), 
and

[[Page 590]]

trips accompanied by a NMFS-approved observer. The reports must be 
submitted for each day (beginning at 0000 hr and ending at 2400 hr) and 
not later than 0900 hr of the following day. Such reports must include 
the following information:
    (A) VTR serial number;
    (B) Date fish were caught;
    (C) Total pounds of scallop meats kept;
    (D) Total pounds of all fish kept.
    (ii) Scallop Pre-Landing Notification Form for IFQ and NGOM vessels. 
A vessel issued an IFQ or NGOM scallop permit must report through VMS, 
using the Scallop Pre-Landing Notification Form, the amount of any 
scallops kept on each trip declared as a scallop trip, including 
declared scallop trips where no scallops were landed. In addition, 
vessels with an IFQ or NGOM permit must submit a Scallop Pre-Landing 
Notification Form on trips that are not declared as scallop trips, but 
on which scallops are kept incidentally. A limited access vessel that 
also holds an IFQ or NGOM permit must submit the Scallop Pre-Landing 
Notification Form only when fishing under the provisions of the vessel's 
IFQ or NGOM permit. VMS Scallop Pre-Landing Notification forms must be 
submitted no less than 6 hours prior to arrival, or, if fishing ends 
less than 6 hours before arrival, immediately after fishing ends. If 
scallops will be landed, the report must include the vessel operator's 
permit number, the amount of scallop meats in pounds to be landed, the 
number of bushels of in-shell scallops to be landed, the estimated time 
of arrival in port, the landing port and state where the scallops will 
be offloaded, the VTR serial number recorded from that trip's VTR (the 
same VTR serial number as reported to the dealer), and whether any 
scallops were caught in the NGOM. If no scallops will be landed, a 
vessel issued an IFQ or NGOM scallop permit must provide only the 
vessel's captain/operator's permit number, the VTR serial number 
recorded from that trip's VTR (the same VTR serial number as reported to 
the dealer), and confirmation that no scallops will be landed. A vessel 
issued an IFQ or NGOM scallop permit may provide a corrected report. If 
the report is being submitted as a correction of a prior report, the 
information entered into the notification form will replace the data 
previously submitted in the prior report. Submitting a correction does 
not prevent NMFS from pursuing an enforcement action for any false 
reporting.
    (iii) Scallop Pre-Landing Notification Form for limited access 
vessels fishing on Scallop Access Area trips. A limited access vessel on 
a declared Sea Scallop Access Area trip must report through VMS, using 
the Scallop Pre-Landing Notification Form, the amount of any scallops 
kept on each access area trip, including declared access area trips 
where no scallops were landed. The report must be submitted no less than 
6 hours before arrival, or, if fishing ends less than 6 hours before 
arrival, immediately after fishing ends. If scallops will be landed, the 
report must include the vessel operator's permit number, the amount of 
scallop meats in pounds to be landed, the number of bushels of in-shell 
scallops to be landed, the estimated time of arrival, the landing port 
and state where the scallops will be offloaded, and the VTR serial 
number recorded from that trip's VTR (the same VTR serial number as 
reported to the dealer). If no scallops will be landed, a limited access 
vessel on a declared Sea Scallop Access Area trip must provide only the 
vessel's captain/operator's permit number, the VTR serial number 
recorded from that trip's VTR (the same VTR serial number as reported to 
the dealer), and confirmation that no scallops will be landed. A limited 
access scallop vessel may provide a corrected report. If the report is 
being submitted as a correction of a prior report, the information 
entered into the notification form will replace the data previously 
submitted in the prior report. Submitting a correction does not prevent 
NMFS from pursuing an enforcement action for any false reporting. A 
vessel may not offload its catch from a Sea Scallop Access Area trip at 
more than one location per trip.
    (iv) Scallop Pre-Landing Notification Form for limited access 
vessels on a declared DAS trip landing scallops at ports located at or 
south of 39 deg. N. lat. In order to end a declared Sea Scallop DAS trip 
and steam south of 39 deg. N. lat., a limited access vessel must first 
report through

[[Page 591]]

VMS, using the Scallop Pre-Landing Notification Form, the amount of any 
scallops kept on its DAS trip. Upon crossing shoreward of the VMS 
Demarcation Line at or south of 39 deg. N. lat., the Scallop Pre-Landing 
Notification form must be submitted. The report must include the vessel 
operator's permit number, the amount of scallop meats in pounds to be 
landed, the estimated time of arrival in port, the landing port and 
state where the scallops will be offloaded, and the VTR serial number 
recorded from that trip's VTR (the same VTR serial number as reported to 
the dealer). Prior to crossing seaward of the VMS Demarcation Line for 
the transit to a southern port at or south of 39 deg. N. lat., the 
vessel must declare out of the scallop fishery. A limited access scallop 
vessel may provide a corrected report. If the report is being submitted 
as a correction of a prior report, the information entered into the 
notification form will replace the data previously submitted in the 
prior report. Submitting a correction does not prevent NMFS from 
pursuing an enforcement action for any false reporting.
    (5) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must comply 
with the exemption requirements and notify the Regional Administrator by 
VMS notification or by call-in notification as follows:
    (i) VMS notification for scallop vessels fishing under exemptions. 
(A) Notify the Regional Administrator, via their VMS, prior to each trip 
of the vessel under the state waters exemption program, that the vessel 
will be fishing exclusively in state waters; and
    (B) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (ii) Call-in notification for scallop vessels fishing under 
exemptions. (A) Notify the Regional Administrator by using the call-in 
system and providing the following information at least 7 days prior to 
fishing under the exemption:
    (1) Owner and caller name and address;
    (2) Vessel name and permit number; and
    (3) Beginning and ending dates of the exemption period.
    (B) Remain under the exemption for a minimum of 7 days.
    (C) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, notify 
the Regional Administrator of early withdrawal from the program by 
calling the call-in system, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that the 
vessel is withdrawing from the exemption. The vessel may not leave port 
to fish in the EEZ until 48 hr after notification of early withdrawal is 
received by the Regional Administrator.
    (D) The Regional Administrator will furnish a phone number for call-
ins upon request.
    (E) Such vessels must comply with the VMS notification requirements 
specified in paragraph (e) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (6) Limited access scallop vessels fishing under the DAS program and 
landing scallops at ports south of 39 deg. N. Lat. If landing scallops 
at a port located at or south of 39 deg. N. lat., a limited access 
vessel participating in the scallop DAS program may end its DAS trip 
once it has crossed shoreward of the VMS Demarcation Line at or south of 
39 deg. N. lat. by declaring out of the scallop fishery and submitting 
the Scallop Pre-Landing Notification Form, as specified at paragraph 
(f)(4)(iv) of this section. Once declared out of the scallop fishery, 
and the vessel has submitted the Scallop Pre-Landing Notification Form, 
the vessel may cross seaward of the VMS Demarcation Line and steam to a 
port at or south of 39 deg. N. lat., to land scallops while not on a 
DAS. Such vessels that elect to change their declaration to steam to 
ports with scallops onboard and not accrue DAS must comply with all the 
requirements at Sec. 648.53(f)(3).

[[Page 592]]

    (g) VMS notification requirements for other fisheries. (1) The owner 
or authorized representative of a vessel that is required to or elects 
to use VMS, as specified in paragraph (b) of this section, must notify 
the Regional Administrator of the vessel's intended fishing activity by 
entering the appropriate VMS code prior to leaving port at the start of 
each fishing trip except:
    (i) If notified by letter, pursuant to paragraph (e)(1)(iv) of this 
section, or
    (ii) The vessel is a scallop vessel and is exempted, as specified in 
paragraph (f) of this section.
    (2) Notification of a vessel's intended fishing activity includes, 
but is not limited to, gear and DAS type to be used; area to be fished; 
and whether the vessel will be declared out of the DAS fishery, or will 
participate in the NE multispecies and monkfish DAS fisheries, including 
approved special management programs.
    (3) A vessel operator cannot change any aspect of a vessel's VMS 
activity code outside of port, except as follows:
    (i) An operator of a NE multispecies vessel is authorized to change 
the category of NE multispecies DAS used (i.e., flip its DAS), as 
provided at Sec. 648.85(b), or change the area declared to be fished so 
that the vessel may fish both inside and outside of the Eastern U.S./
Canada Area on the same trip, as provided at Sec. 648.85(a)(3)(ii)(A).
    (ii) An operator of a vessel issued both a NE multispecies permit 
and a monkfish permit are authorized to change their DAS declaration 
from a NE multispecies Category A DAS to a monkfish DAS, while remaining 
subject to the to the NE multispecies DAS usage requirements under Sec. 
648.92(b)(1)(i), during the course of a trip, as provided at Sec. 
648.92(b)(1)(iii)(A).
    (iii) The vessel carries onboard a valid limited access or LAGC 
scallop permit, has declared out of the fishery in port, and is steaming 
to another location, pursuant to paragraph (f) of this section.
    (4) VMS activity codes and declaration instructions are available 
from the Regional Administrator upon request.
    (h) Call-in notification. The owner of a vessel issued a limited 
access monkfish permit who is participating in a DAS program and who is 
not required to provide notification using a VMS, and a scallop vessel 
qualifying for a DAS allocation under the occasional category that has 
not elected to fish under the VMS notification requirements of paragraph 
(e) of this section and is not participating in the Sea Scallop Area 
Access program as specified in Sec. 648.60, and any vessel that may be 
required by the Regional Administrator to use the call-in program under 
paragraph (i) of this section, are subject to the following 
requirements:
    (1) Less than 1 hr prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in 
paragraph (h) of this section, or an occasional scallop permit as 
specified in this paragraph (h), and, prior to leaving port for vessels 
issued a limited access monkfish Category A or B permit, the vessel 
owner or authorized representative must notify the Regional 
Administrator that the vessel will be participating in the DAS program 
by calling the call-in system and providing the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Type of trip to be taken;
    (iv) Port of departure; and
    (v) That the vessel is beginning a trip.
    (2) A DAS begins once the call has been received and a confirmation 
number is given by the Regional Administrator, or when a vessel leaves 
port, whichever occurs first, unless otherwise specified in paragraph 
(e)(2)(iii) of this section.
    (3) Vessels issued a limited access monkfish Category C, D, F, G, or 
H permit that are allowed to fish as a monkfish Category A or B vessel 
in accordance with the provisions of Sec. 648.92(b)(2)(i) are subject 
to the call-in notification requirements for limited access monkfish 
Category A or B vessels specified under this paragraph (h) for those 
monkfish DAS when there is not a concurrent NE multispecies DAS.
    (4) The vessel's confirmation numbers for the current and 
immediately

[[Page 593]]

prior NE multispecies or monkfish fishing trip must be maintained on 
board the vessel and provided to an authorized officer immediately upon 
request.
    (5) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Port of landing; and
    (iv) That the vessel has ended its trip.
    (6) A DAS ends when the call has been received and confirmation has 
been given by the Regional Administrator, or when a vessel enters port 
at the end of a fishing trip, whichever occurs later, unless otherwise 
specified in paragraph (e)(2)(iii) of this section.
    (7) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (8) Regardless of whether a vessel's owner or authorized 
representative provides correct notification as required by paragraphs 
(e) through (h) of this section, a vessel meeting any of the following 
descriptions shall be deemed to be in its respective fishery's DAS or 
Scallop Access Area Program for the purpose of counting DAS or scallop 
access area trips/pounds, and, shall be charged DAS from the time of 
sailing to landing:
    (i) Any vessel issued a limited access scallop permit and not issued 
an LAGC scallop permit that possesses or lands scallops;
    (ii) A vessel issued a limited access scallop and LAGC IFQ scallop 
permit that possesses or lands more than 600 lb (272.2 kg) of scallops, 
unless otherwise specified in Sec. 648.60(d)(2);
    (iii) Any vessel issued a limited access scallop and LAGC NGOM 
scallop permit that possesses or lands more than 200 lb (90.7 kg) of 
scallops;
    (iv) Any vessel issued a limited access scallop and LAGC IC scallop 
permit that possesses or lands more than 40 lb (18.1 kg) of scallops;
    (v) Any vessel issued a limited access NE multispecies permit 
subject to the NE multispecies DAS program requirements that possesses 
or lands regulated NE multispecies, except as provided in Sec. Sec. 
648.10(h)(9)(ii), 648.17, and 648.89; and
    (vi) Any vessel issued a limited access monkfish permit subject to 
the monkfish DAS program and call-in requirement that possesses or lands 
monkfish above the incidental catch trip limits specified in Sec. 
648.94(c).
    (9) Vessels electing to use VMS. (i) A vessel issued a limited 
access monkfish, Occasional scallop, or Combination permit must use the 
call-in system specified in paragraph (h) of this section, unless the 
owner of such vessel has elected to provide the notifications required 
by paragraph (g) of this section, through VMS as specified under 
paragraph (h)(9)(ii) of this section. Any vessel issued a limited access 
monkfish or an Occasional scallop permit that has elected to provide 
notifications through VMS must continue to provide notifications through 
VMS for the entire fishing year.
    (ii) A vessel issued a limited access monkfish or Occasional scallop 
permit may be authorized by the Regional Administrator to provide the 
notifications required by paragraph (e) of this section using the VMS 
specified in paragraph (b) of this section. For the vessel to become 
authorized, the vessel owner must provide documentation to the Regional 
Administrator at the time of application for a limited access permit 
that the vessel has installed on board an operational VMS as provided 
under Sec. 648.9(a). A vessel that is authorized to use the VMS in lieu 
of the call-in requirement for DAS notification shall be subject to the 
requirements and presumptions described under paragraphs (e)(2)(i) 
through (v) of this section. This paragraph (h) does not apply to 
vessels electing to use the VMS.
    (i) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph (h) 
of this section, instead of using the VMS. If use of the call-in system 
is authorized or required, the Regional Administrator shall notify 
affected permit holders through a letter, notification in the Federal 
Register, e-mail, or other appropriate means.

[[Page 594]]

    (j) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of a vessel issued a valid Small 
Vessel category permit or the Handgear A permit category, vessels 
subject to the spawning season restriction described in Sec. 648.82 
must notify the Regional Administrator of the commencement date of their 
20-day period out of the NE multispecies fishery through the IVR system 
(or through VMS, if required by the Regional Administrator) and provide 
the following information:
    (i) Vessel name and permit number;
    (ii) Owner and caller name and phone number; and
    (iii) Commencement date of the 20-day period.
    (2) Gillnet call-in. A vessel subject to the gillnet restriction 
described in Sec. 648.82 must notify the Regional Administrator of the 
commencement of its time out of the NE multispecies gillnet fishery 
using the procedure described in paragraph (k)(1) of this section.
    (k) Area-specific reporting requirements for NE multispecies 
vessels--(1) Reporting requirements for all limited access NE 
multispecies vessel owners or operators. In addition to any other 
reporting requirements specified in this part, the owner or operator of 
any vessel issued a limited access NE multispecies permit on either a 
common pool or sector trip must declare the following information via 
VMS or IVR, as instructed by the Regional Administrator:
    (i) Broad stock area(s) to be fished. To fish in any of the broad 
stock areas, the vessel owner or operator must declare his/her intent to 
fish within one or more of the NE multispecies broad stock areas, as 
defined in paragraph (k)(3) of this section, prior to leaving port at 
the start of a fishing trip;
    (ii) VTR serial number. On its return to port, prior to crossing the 
VMS demarcation line, as defined at Sec. 648.10, the vessel owner or 
operator must provide the VTR serial number for the first page of the 
VTR for that particular trip, or other applicable trip ID specified by 
NMFS; and
    (iii) Trip-start hail report. If instructed by the Regional 
Administrator or required by a sector operations plan approved pursuant 
to Sec. 648.87(b)(2) and (c), the operator of a vessel must submit a 
trip-start hail report prior to departing port at the beginning of each 
trip notifying the sector manager and/or NMFS of the vessel permit 
number; trip ID number in the form of the VTR serial number of the first 
VTR page for that trip, or another trip identifier specified by NMFS; an 
estimate of the date and time of arrival to port; and any other 
information as instructed by the Regional Administrator. Trip-start hail 
reports by vessels operating less than 6 hr or within 6 hr of port must 
also include estimated date and time of offload. The trip-start hail 
report may be submitted via VMS or some other method, as instructed by 
the Regional Administrator or required by a sector operations plan 
approved pursuant to Sec. 648.87(b)(2) and (c). If the vessel operator 
does not receive confirmation of the receipt of the trip-start hail 
report from the sector manager or NMFS, the operator must contact the 
intended receiver to confirm the trip-start hail report via an 
independent back-up system, as instructed by the Regional Administrator. 
To the extent possible, NMFS shall reduce unnecessary duplication of the 
trip-start hail report with any other applicable reporting 
requirements..
    (iv) Trip-end hail report. Upon its return to port and prior to 
crossing the VMS demarcation line as defined in Sec. 648.10, the owner 
or operator of any vessel issued a limited access NE multispecies permit 
that is subject to the VMS requirements specified in paragraph (b)(4) of 
this section must submit a trip-end hail report to NMFS via VMS, as 
instructed by the Regional Administrator. The trip-end hail report must 
include at least the following information, as instructed by the 
Regional Administrator: The vessel permit number; VTR serial number, or 
other applicable trip ID specified by NMFS; intended offloading 
location(s), including the dealer name/offload location, port/harbor, 
and state for the first dealer/facility where the vessel intends to 
offload catch and the port/harbor, and state for the second dealer/
facility where the vessel intends to offload catch; estimated date/time 
of arrival; estimated date/time of offload; and the

[[Page 595]]

estimated total amount of all species retained, including species 
managed by other FMPs (in pounds, landed weight), on board at the time 
the vessel first offloads its catch from a particular trip. The trip-end 
hail report must be submitted at least 6 hr in advance of landing for 
all trips of at least 6 hr in duration or occurring more than 6 hr from 
port. For shorter trips, the trip-end hail reports must be submitted 
upon the completion of the last tow or hauling of gear, as instructed by 
the Regional Administrator. To the extent possible, NMFS shall reduce 
unnecessary duplication of the trip-end hail reports with any other 
applicable reporting requirements.
    (2) Reporting requirements for NE multispecies vessel owners or 
operators fishing in more than one broad stock area per trip. Unless 
otherwise provided in this paragraph (k)(2), the owner or operator of 
any vessel issued a NE multispecies limited access permit that has 
declared its intent to fish within multiple NE multispecies broad stock 
areas, as defined in paragraph (k)(3) of this section, on the same trip 
must submit a hail report via VMS providing a good-faith estimate of the 
amount of each regulated species retained (in pounds, landed weight) and 
the total amount of all species retained (in pounds, landed weight), 
including NE multispecies and species managed by other FMPs, from each 
broad stock area. This reporting requirement is in addition to the 
reporting requirements specified in paragraph (k)(1) of this section and 
any other reporting requirements specified in this part. The report 
frequency is detailed in paragraphs (k)(2)(i) and (ii) of this section.
    (i) Vessels declaring into GOM Stock Area and any other stock area. 
A vessel declared to fish in the GOM Stock Area, as defined in paragraph 
(k)(3)(i), and any other stock area defined in (k)(3)(ii) through (iv) 
of this section, must submit a daily VMS catch report in 24-hr intervals 
for each day by 0900 hr of the following day. Reports are required even 
if groundfish species caught that day have not yet been landed.
    (ii) Vessels declaring into multiple broad stock areas not including 
GOM Stock Area. A vessel declared into multiple stock areas defined in 
(k)(3)(ii) through (iv) of this section, not including the GOM Stock 
Area I defined in (k)(3)(i), must submit a trip-level report via VMS 
prior to crossing the VMS demarcation line, as defined in Sec. 648.10, 
upon its return to port following each fishing trip on which regulated 
species were caught, as instructed by the Regional Administrator.
    (iii) The Regional Administrator may adjust the reporting frequency 
specified in paragraph (k)(2) of this section.
    (iv) Exemptions from broad stock area VMS reporting requirements. 
(A) A vessel is exempt from the reporting requirements specified in 
paragraph (k)(2) of this section if it is fishing in a special 
management program, as specified in Sec. 648.85, and is required to 
submit daily VMS catch reports consistent with the requirements of that 
program.
    (B) The Regional Administrator may exempt vessels on a sector trip 
from the reporting requirements specified in this paragraph (k)(2) if it 
is determined that such reporting requirements would duplicate those 
specified in Sec. 648.87(b).
    (3) NE multispecies broad stock areas. For the purposes of the area-
specific reporting requirements listed in paragraphs (k)(1) and (2) of 
this section, the NE multispecies broad stock areas are defined in 
paragraphs (k)(3)(i) through (iv) of this section. Copies of a map 
depicting these areas are available from the Regional Administrator upon 
request.
    (i) GOM Stock Area 1. The GOM Stock Area 1 is bounded on the east by 
the U.S./Canadian maritime boundary and straight lines connecting the 
following points in the order stated:

                            GOM Stock Area 1
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G1.............................  (\1\)                (\1\)
CII3...........................  (\1\)                67 deg.20'
G6.............................  42 deg.20'           67 deg.20'
G10............................  42 deg.20'           70 deg.00'
G9.............................  (\2\)                70 deg.00'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada maritime
  boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 70 deg.00' W.
  long.

    (ii) Inshore GB Stock Area 2. The inshore GB Stock Area is defined 
by

[[Page 596]]

straight lines connecting the following points in the order stated:

                         Inshore GB Stock Area 2
------------------------------------------------------------------------
              Point                   N. latitude        W. longitude
------------------------------------------------------------------------
G9..............................  (\1\)               70 deg.00'
G10.............................  42 deg.20'          70 deg.00'
IGB1............................  42 deg.20'          68 deg.50'
IGB2............................  41 deg.00'          68 deg.50'
IGB3............................  41 deg.00'          69 deg.30'
IGB4............................  41 deg.10'          69 deg.30'
IGB5............................  41 deg.10'          69 deg.50'
IGB6............................  41 deg.20'          69 deg.50'
IGB7............................  41 deg.20'          70 deg.00'
G12.............................  (\2\)               70 deg.00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 70 deg.00' W.
  long.
\2\ South-facing shoreline of Cape Cod, MA.

    (iii) Offshore GB Stock Area 3. The Offshore GB Stock Area 3 is 
bounded on the east by the U.S./Canadian maritime boundary and defined 
by straight lines connecting the following points in the order stated:

                        Offshore GB Stock Area 3
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
IGB1...........................  42 deg.20'           68 deg.50'
G6.............................  42 deg.20'           67 deg.20'
CII3...........................  (\1\)                67 deg.20'
SNE2...........................  39 deg.00'           (\1\)
SNE3...........................  39 deg.00'           69 deg.00'
SNE4...........................  39 deg.50'           69 deg.00'
SNE5...........................  39 deg.50'           68 deg.50'
IGB1...........................  42 deg.20'           68 deg.50'
------------------------------------------------------------------------
\1\ The U.S.-Canada maritime boundary as it intersects with the EEZ.

    (iv) SNE/MA Stock Area 4. The SNE/MA Stock Area 4 is the area 
bounded on the north and west by the coastline of the United States, 
bounded on the south by a line running from the east-facing coastline of 
North Carolina at 35 deg. N. lat. until its intersection with the EEZ, 
and bounded on the east by straight lines connecting the following 
points in the order stated:

                           SNE/MA Stock Area 4
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G12............................  (\1\)                70 deg.00'
IGB7...........................  41 deg.20'           70 deg.00'
IGB6...........................  41 deg.20'           69 deg.50'
IGB5...........................  41 deg.10'           69 deg.50'
IGB4...........................  41 deg.10'           69 deg.30'
IGB3...........................  41 deg.00'           69 deg.30'
IGB2...........................  41 deg.00'           68 deg.50'
SNE4...........................  39 deg.50'           68 deg.50'
SNE3...........................  39 deg.50'           69 deg.00'
SNE5...........................  39 deg.00'           69 deg.00'
SNE6...........................  39 deg.00'           (\2\)
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ The U.S.-Canada maritime boundary as it intersects with the EEZ.

    (l) [Reserved]
    (m) Atlantic herring VMS notification requirements. (1) A vessel 
issued a Limited Access Herring Permit or an Areas 2/3 Open Access 
Herring Permit intending to declare into the herring fishery or a vessel 
issued an Atlantic herring permit and intending to declare an Atlantic 
herring carrier trip via VMS must notify NMFS by declaring a herring 
trip with the appropriate gear code prior to leaving port at the start 
of each trip in order to harvest, possess, or land herring on that trip.
    (2) A vessel issued a Limited Access Herring Permit or an Areas 2/3 
Open Access Herring Permit or a vessel that declared an Atlantic herring 
carrier trip via VMS must notify NMFS Office of Law Enforcement through 
VMS of the time and place of offloading at least 6 hr prior to landing 
or, if fishing ends less than 6 hours before landing, as soon as the 
vessel stops catching fish. The Regional Administrator may adjust the 
prior notification minimum time through publication of a document in the 
Federal Register consistent with the Administrative Procedure Act.
    (n) Limited access Atlantic mackerel VMS notification requirements. 
(1) A vessel issued a limited access Atlantic mackerel permit intending 
to declare into the mackerel fishery must notify NMFS by declaring a 
mackerel trip prior to leaving port at the start of each trip in order 
to harvest, possess, or land mackerel on that trip.
    (2) A vessel issued a limited access Atlantic mackerel permit 
intending to land more than 20,000 lb (9.07 mt) of mackerel must notify 
NMFS of the time and place of offloading at least 6 hr prior prior to 
arrival, or, if fishing ends less than 6 hours before arrival, 
immediately upon leaving the fishing grounds. The Regional Administrator 
may adjust the prior notification minimum time through publication in 
the Federal Register consistent with the Administrative Procedure Act.
    (o) Longfin squid/butterfish VMS notification requirement. A vessel 
issued a longfin squid/butterfish moratorium permit intending to declare 
into the longfin squid fishery must notify

[[Page 597]]

NMFS by declaring a longfin squid trip prior to leaving port at the 
start of each trip in order to harvest, possess, or land more than 2,500 
lb (1.13 mt) of longfin squid on that trip.

[74 FR 20530, May 4, 2009]

    Editorial Note: For Federal Register citations affecting Sec. 
648.10, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE 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 NMFS-certified 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 NMFS-certified fisheries observer when 
requested by the Regional Administrator in accordance with the 
requirements of this section.
    (b) If requested by the Regional Administrator to carry an observer 
or sea sampler, it is the responsibility of the vessel owner to arrange 
for and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science and Research Director, as specified by the Regional 
Administrator, 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.
    (c) The Regional Administrator may waive the requirement to carry a 
sea sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the sea sampler/observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the sea sampler's/observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea sampler, and allow 
the sea sampler/observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that 
transfers of observers/sea samplers at sea are accomplished in a safe 
manner, via small boat or raft, during daylight hours as weather and sea 
conditions allow, and with the agreement of the sea samplers/ observers 
involved.
    (6) Allow the sea sampler/observer free and unobstructed access to 
the vessel's bridge, working decks, holding bins, weight scales, holds, 
and any other space used to hold, process, weigh, or store fish.
    (7) Allow the sea sampler/observer to inspect and copy any the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit, a scup moratorium permit, a black sea bass moratorium 
permit, a bluefish permit, a spiny dogfish permit, an Atlantic herring 
permit, an Atlantic deep-sea red crab permit, a skate permit, or a 
tilefish permit, if requested by the sea sampler/observer, also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder, scup, black sea bass,

[[Page 598]]

bluefish, spiny dogfish, Atlantic herring, Atlantic deep-sea red crab, 
tilefish, skates (including discards) or other specimens taken by the 
vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, 
Atlantic herring, Atlantic deep-sea red crab, skates, tilefish, or other 
specimens taken by the vessel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.
    (g) Atlantic sea scallop observer program--(1) General. Unless 
otherwise specified, owners, operators, and/or managers of vessels 
issued a Federal scallop permit under Sec. 648.4(a)(2), and specified 
in paragraph (a) of this section, must comply with this section and are 
jointly and severally responsible for their vessel's compliance with 
this section. To facilitate the deployment of at-sea observers, all sea 
scallop vessels issued limited access and LAGC IFQ permits are required 
to comply with the additional notification requirements specified in 
paragraph (g)(2) of this section. When NMFS notifies the vessel owner, 
operator, and/or manager of any requirement to carry an observer on a 
specified trip in either an Access Area or Open Area as specified in 
paragraph (g)(3) of this section, the vessel may not fish for, take, 
retain, possess, or land any scallops without carrying an observer. 
Vessels may only embark on a scallop trip in open areas or Access Areas 
without an observer if the vessel owner, operator, and/or manager has 
been notified that the vessel has received a waiver of the observer 
requirement for that trip pursuant to paragraphs (g)(3) and (g)(4)(ii) 
of this section.
    (2) Vessel notification procedures--(i) Limited access vessels. 
Limited access vessel owners, operators, or managers shall notify NMFS/
NEFOP by telephone not more than 10 days prior to the beginning of any 
scallop trip of the time, port of departure, open area or specific Sea 
Scallop Access Area to be fished, and whether fishing as a scallop 
dredge, scallop trawl, or general category vessel.
    (ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or 
managers must notify the NMFS/NEFOP by telephone by 0001 hr of the 
Thursday preceding the week (Sunday through Saturday) that they intend 
to start any open area or access area scallop trip and must include the 
port of departure, open area or specific Sea Scallop Access Area to be 
fished, and whether fishing as a scallop dredge, scallop trawl vessel. 
If selected, up to two trips that start during the specified week 
(Sunday through Saturday) can be selected to be covered by an observer. 
NMFS/NEFOP must be notified by the owner, operator, or vessel manager of 
any trip plan changes at least 48 hr prior to vessel departure.
    (3) Selection of scallop trips for observer coverage. Based on 
predetermined coverage levels for various permit categories and areas of 
the scallop fishery that are provided by NMFS in writing to all observer 
service providers approved pursuant to paragraph (h) of this section, 
NMFS shall notify the vessel owner, operator, or vessel manager whether 
the vessel must carry an observer, or if a waiver has been granted, for 
the specified scallop trip, within 24 hr of the vessel owner's, 
operator's, or vessel manager's notification of the prospective scallop 
trip, as specified in paragraph (g)(2) of this section. Any request to 
carry an observer may be waived by NMFS. All waivers for observer 
coverage shall be issued to the vessel by VMS so as to have on-board 
verification of the waiver. A vessel may not fish in an area with an 
observer waiver confirmation number that does not match the scallop trip 
plan that was called in to NMFS. Confirmation numbers for trip 
notification calls are only valid for 48 hr from the intended sail date; 
and
    (4) Procurement of observer services by scallop vessels. (i) An 
owner of a scallop vessel required to carry an observer under paragraph 
(g)(3) of this section must arrange for carrying an observer

[[Page 599]]

certified through the observer training class operated by the NMFS/NEFOP 
from an observer service provider approved by NMFS under paragraph (h) 
of this section. The owner, operator, or vessel manager of a vessel 
selected to carry an observer must contact the observer service provider 
and must provide at least 48-hr notice in advance of the fishing trip 
for the provider to arrange for observer deployment for the specified 
trip. The observer service provider will notify the vessel owner, 
operator, or manager within 18 hr whether they have an available 
observer. A list of approved observer service providers shall be posted 
on the NMFS/NEFOP Web site at http://www.nefsc.noaa.gov/femad/fsb/. The 
observer service provider may take up to 48 hr to arrange for observer 
deployment for the specified scallop trip.
    (ii) An owner, operator, or vessel manager of a vessel that cannot 
procure a certified observer within 48 hr of the advance notification to 
the provider due to the unavailability of an observer may request a 
waiver from NMFS/NEFOP from the requirement for observer coverage for 
that trip, but only if the owner, operator, or vessel manager has 
contacted all of the available observer service providers to secure 
observer coverage and no observer is available. NMFS/NEFOP shall issue 
such a waiver within 24 hr, if the conditions of this paragraph 
(g)(4)(ii) are met. A vessel may not begin the trip without being issued 
a waiver.
    (5) Owners of scallop vessels shall be responsible for paying the 
cost of the observer for all scallop trips on which an observer is 
carried onboard the vessel, regardless of whether the vessel lands or 
sells sea scallops on that trip, and regardless of the availability of 
set-aside for an increased possession limit or reduced DAS accrual rate. 
The owners of vessels that carry an observer may be compensated with a 
reduced DAS accrual rate for open area scallop trips or additional 
scallop catch per day in Sea Scallop Access Areas or additional catch 
per open area or access area trip for LAGC IFQ trips in order to help 
defray the cost of the observer, under the program specified in 
Sec. Sec. 648.53 and 648.60.
    (i) Observer service providers shall establish the daily rate for 
observer coverage on a scallop vessel on an Access Area trip or open 
area DAS or IFQ scallop trip consistent with paragraphs (g)(5)(i)(A) and 
(B), respectively, of this section.
    (A) Access Area trips. (1) For purposes of determining the daily 
rate for an observed scallop trip on a limited access vessel in a Sea 
Scallop Access Area when that specific Access Area's observer set-aside 
specified in Sec. 648.60(d)(1) has not been fully utilized, a service 
provider may charge a vessel owner for no more than the time an observer 
boards a vessel until the vessel disembarks (dock to dock), where 
``day'' is defined as a 24-hr period, or any portion of a 24-hr period, 
regardless of the calendar day. For example, if a vessel with an 
observer departs on July 1 at 10 p.m. and lands on July 3 at 1 a.m., the 
time at sea equals 27 hr, which would equate to 2 full ``days.''
    (2) For purposes of determining the daily rate in a specific Sea 
Scallop Access Area for an observed scallop trip on a limited access 
vessel taken after NMFS has announced the industry-funded observer set-
aside in that specific Access Area has been fully utilized, a service 
provider may charge a vessel owner for no more than the time an observer 
boards a vessel until the vessel disembarks (dock to dock), where 
``day'' is defined as a 24-hr period, and portions of the other days 
would be pro-rated at an hourly charge (taking the daily rate divided by 
24). For example, if a vessel with an observer departs on July 1 at 10 
p.m. and lands on July 3 at 1 a.m., the time spent at sea equals 27 hr, 
which would equate to 1 day and 3 hr.
    (3) For purposes of determining the daily rate in a specific Sea 
Scallop Access Area for observed scallop trips on an LAGC vessel, 
regardless of the status of the industry-funded observer set-aside, a 
service provider may charge a vessel owner for no more than the time an 
observer boards a vessel until the vessel disembarks (dock to dock), 
where ``day'' is defined as a 24-hr period, and portions of the other 
days would be pro-rated at an hourly charge (taking the daily rate 
divided by 24).

[[Page 600]]

For example, if a vessel with an observer departs on July 1 at 10 p.m. 
and lands on July 3 at 1 a.m., the time spent at sea equals 27 hr, which 
would equate to 1 day and 3 hr.
    (B) Open area scallop trips. For purposes of determining the daily 
rate for an observed scallop trip for DAS or LAGC IFQ open area trips, 
regardless of the status of the industry-funded observer set-aside, a 
service provider shall charge dock to dock where ``day'' is defined as a 
24-hr period, and portions of the other days would be pro-rated at an 
hourly charge (taking the daily rate divided by 24). For example, if a 
vessel with an observer departs on the July 1st at 10 p.m. and lands on 
July 3rd at 1 a.m., the time at sea equals 27 hr, so the provider would 
charge 1 day and 3 hr.
    (ii) NMFS shall determine any reduced DAS accrual rate and the 
amount of additional pounds of scallops per day fished in a Sea Scallop 
Access Area or on an open area LAGC IFQ trips for the applicable fishing 
year based on the economic conditions of the scallop fishery, as 
determined by best available information. Vessel owners and observer 
service providers shall be notified through the Small Entity Compliance 
Guide of any DAS accrual rate changes and any changes in additional 
pounds of scallops determined by the Regional Administrator to be 
necessary. NMFS shall notify vessel owners and observer providers of any 
adjustments.
    (iii) Owners of scallop vessels shall pay observer service providers 
for observer services within 45 days of the end of a fishing trip on 
which an observer deployed.
    (6) When the available DAS or TAC set-aside for observer coverage is 
exhausted, vessels shall still be required to carry an observer as 
specified in this section, and shall be responsible for paying for the 
cost of the observer, but shall not be authorized to harvest additional 
pounds or fish at a reduced DAS accrual rate.
    (h) Observer service provider approval and responsibilities--(1) 
General. An entity seeking to provide observer services must apply for 
and obtain approval from NMFS following submission of a complete 
application. A list of approved observer service providers shall be 
distributed to vessel owners and shall be posted on the NMFS/NEFOP Web 
site at: www.nefsc.noaa.gov/femad/fsb/.
    (2) [Reserved]
    (3) Contents of application. An application to become an approved 
observer service provider shall contain the following:
    (i) Identification of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and staff. If the 
applicant is a corporation, the articles of incorporation must be 
provided. If the applicant is a partnership, the partnership agreement 
must be provided.
    (ii) The permanent mailing address, phone and fax numbers where the 
owner(s) can be contacted for official correspondence, and the current 
physical location, business mailing address, business telephone and fax 
numbers, and business email address for each office.
    (iii) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, that they are 
free from a conflict of interest as described under paragraph (h)(6) of 
this section.
    (iv) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, describing any 
criminal conviction(s), Federal contract(s) they have had and the 
performance rating they received on the contracts, and previous 
decertification action(s) while working as an observer or observer 
service provider.
    (v) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments. 
This includes, but is not limited to, recruiting, hiring, deployment, 
and personnel administration.
    (vi) A description of the applicant's ability to carry out the 
responsibilities

[[Page 601]]

and duties of a fishery observer services provider as set out under 
paragraph (h)(5) of this section, and the arrangements to be used.
    (vii) Evidence of holding adequate insurance to cover injury, 
liability, and accidental death for observers during their period of 
employment (including during training). Workers' Compensation and 
Maritime Employer's Liability insurance must be provided to cover the 
observer, vessel owner, and observer provider. The minimum coverage 
required is $5 million. Observer service providers shall provide copies 
of the insurance policies to observers to display to the vessel owner, 
operator, or vessel manager, when requested.
    (viii) Proof that its observers, whether contracted or employed by 
the service provider, are compensated with salaries that meet or exceed 
the U.S. Department of Labor (DOL) guidelines for observers. Observers 
shall be compensated as Fair Labor Standards Act (FLSA) non-exempt 
employees. Observer providers shall provide any other benefits and 
personnel services in accordance with the terms of each observer's 
contract or employment status.
    (ix) The names of its fully equipped, NMFS/NEFOP certified, 
observers on staff or a list of its training candidates (with resumes) 
and a request for an appropriate NMFS/NEFOP Observer Training class. The 
NEFOP training has a minimum class size of eight individuals, which may 
be split among multiple vendors requesting training. Requests for 
training classes with fewer than eight individuals will be delayed until 
further requests make up the full training class size.
    (x) An Emergency Action Plan (EAP) describing its response to an 
``at sea'' emergency with an observer, including, but not limited to, 
personal injury, death, harassment, or intimidation.
    (4) Application evaluation. (i) NMFS shall review and evaluate each 
application submitted under paragraph (h)(3) of this section. Issuance 
of approval as an observer provider shall be based on completeness of 
the application, and a determination by NMFS of the applicant's ability 
to perform the duties and responsibilities of a fishery observer service 
provider, as demonstrated in the application information. A decision to 
approve or deny an application shall be made by NMFS within 15 business 
days of receipt of the application by NMFS.
    (ii) If NMFS approves the application, the observer service 
provider's name will be added to the list of approved observer service 
providers found on the NMFS/NEFOP Web site specified in paragraph (h)(1) 
of this section, and in any outreach information to the industry. 
Approved observer service providers shall be notified in writing and 
provided with any information pertinent to its participation in the 
fishery observer program.
    (iii) An application shall be denied if NMFS determines that the 
information provided in the application is not complete or the 
evaluation criteria are not met. NMFS shall notify the applicant in 
writing of any deficiencies in the application or information submitted 
in support of the application. An applicant who receives a denial of his 
or her application may present additional information to rectify the 
deficiencies specified in the written denial, provided such information 
is submitted to NMFS within 30 days of the applicant's receipt of the 
denial notification from NMFS. In the absence of additional information, 
and after 30 days from an applicant's receipt of a denial, an observer 
provider is required to resubmit an application containing all of the 
information required under the application process specified in 
paragraph (h)(3) of this section to be re-considered for being added to 
the list of approved observer service providers.
    (5) Responsibilities of observer service providers. (i) An observer 
service provider must provide observers certified by NMFS/NEFOP pursuant 
to paragraph (i) of this section for deployment in a fishery when 
contacted and contracted by the owner, operator, or vessel manager of a 
fishing vessel, unless the observer service provider refuses to deploy 
an observer on a requesting vessel for any of the reasons specified at 
paragraph (h)(5)(viii) of this section.
    (ii) An observer service provider must provide to each of its 
observers:
    (A) All necessary transportation, including arrangements and 
logistics, of

[[Page 602]]

observers to the initial location of deployment, to all subsequent 
vessel assignments, and to any debriefing locations, if necessary;
    (B) Lodging, per diem, and any other services necessary for 
observers assigned to a fishing vessel or to attend an appropriate NMFS/
NEFOP observer training class;
    (C) The required observer equipment, in accordance with equipment 
requirements listed on the NMFS/NEFOP Web site specified in paragraph 
(h)(1) of this section, prior to any deployment and/or prior to NMFS 
observer certification training; and
    (D) Individually assigned communication equipment, in working order, 
such as a mobile phone, for all necessary communication. An observer 
service provider may alternatively compensate observers for the use of 
the observer's personal mobile phone, or other device, for 
communications made in support of, or necessary for, the observer's 
duties.
    (iii) Observer deployment logistics. Each approved observer service 
provider must assign an available certified observer to a vessel upon 
request. Each approved observer service provider must be accessible 24 
hours per day, 7 days per week, to enable an owner, operator, or manager 
of a vessel to secure observer coverage when requested. The telephone 
system must be monitored a minimum of four times daily to ensure rapid 
response to industry requests. Observer service providers approved under 
paragraph (h) of this section are required to report observer 
deployments to NMFS daily for the purpose of determining whether the 
predetermined coverage levels are being achieved in the appropriate 
fishery.
    (iv) Observer deployment limitations. (A) A candidate observer's 
first four deployments and the resulting data shall be immediately 
edited and approved after each trip by NMFS/NEFOP prior to any further 
deployments by that observer. If data quality is considered acceptable, 
the observer would be certified.
    (B) Unless alternative arrangements are approved by NMFS, an 
observer provider must not deploy any observer on the same vessel for 
more than two consecutive multi-day trips, and not more than twice in 
any given month for multi-day deployments.
    (v) Communications with observers. An observer service provider must 
have an employee responsible for observer activities on call 24 hours a 
day to handle emergencies involving observers or problems concerning 
observer logistics, whenever observers are at sea, stationed shoreside, 
in transit, or in port awaiting vessel assignment.
    (vi) Observer training requirements. The following information must 
be submitted to NMFS/NEFOP at least 7 days prior to the beginning of the 
proposed training class: A list of observer candidates; observer 
candidate resumes; and a statement signed by the candidate, under 
penalty of perjury, that discloses the candidate's criminal convictions, 
if any. All observer trainees must complete a basic cardiopulmonary 
resuscitation/first aid course prior to the end of a NMFS/NEFOP Observer 
Training class. NMFS may reject a candidate for training if the 
candidate does not meet the minimum qualification requirements as 
outlined by NMFS/NEFOP minimum eligibility standards for observers as 
described on the NMFS/NEFOP Web site.
    (vii) Reports--(A) Observer deployment reports. The observer service 
provider must report to NMFS/NEFOP when, where, to whom, and to what 
fishery (including Open Area or Access Area for sea scallop trips) an 
observer has been deployed, within 24 hours of the observer's departure. 
The observer service provider must ensure that the observer reports back 
to NMFS its Observer Contract (OBSCON) data, as described in the 
certified observer training, within 24 hours of landing. OBSCON data are 
to be submitted electronically or by other means specified by NMFS. The 
observer service provider shall provide the raw (unedited) data 
collected by the observer to NMFS within 4 business days of the trip 
landing.
    (B) Safety refusals. The observer service provider must report to 
NMFS any trip that has been refused due to safety issues, e.g., failure 
to hold a valid USCG Commercial Fishing Vessel Safety Examination Decal 
or to meet the safety requirements of the observer's

[[Page 603]]

pre-trip vessel safety checklist, within 24 hours of the refusal.
    (C) Biological samples. The observer service provider must ensure 
that biological samples, including whole marine mammals, sea turtles, 
and sea birds, are stored/handled properly and transported to NMFS 
within 7 days of landing.
    (D) Observer debriefing. The observer service provider must ensure 
that the observer remains available to NMFS, either in-person or via 
phone, at NMFS' discretion, including NMFS Office for Law Enforcement, 
for debriefing for at least 2 weeks following any observed trip. If 
requested by NMFS, an observer that is at sea during the 2-week period 
must contact NMFS upon his or her return.
    (E) Observer availability report. The observer service provider must 
report to NMFS any occurrence of inability to respond to an industry 
request for observer coverage due to the lack of available observers by 
5 p.m., Eastern Time, of any day on which the provider is unable to 
respond to an industry request for observer coverage.
    (F) Other reports. The observer service provider must report 
possible observer harassment, discrimination, concerns about vessel 
safety or marine casualty, or observer illness or injury; and any 
information, allegations, or reports regarding observer conflict of 
interest or breach of the standards of behavior, to NMFS/NEFOP within 24 
hours of the event or within 24 hours of learning of the event.
    (G) Observer status report. The observer service provider must 
provide NMFS/NEFOP with an updated list of contact information for all 
observers that includes the observer identification number, observer's 
name, mailing address, email address, phone numbers, homeports or 
fisheries/trip types assigned, and must include whether or not the 
observer is ``in service,'' indicating when the observer has requested 
leave and/or is not currently working for an industry funded program.
    (H) Vessel contract. The observer service provider must submit to 
NMFS/NEFOP, if requested, a copy of each type of signed and valid 
contract (including all attachments, appendices, addendums, and exhibits 
incorporated into the contract) between the observer provider and those 
entities requiring observer services.
    (I) Observer contract. The observer service provider must submit to 
NMFS/NEFOP, if requested, a copy of each type of signed and valid 
contract (including all attachments, appendices, addendums, and exhibits 
incorporated into the contract) between the observer provider and 
specific observers.
    (J) Additional information. The observer service provider must 
submit to NMFS/NEFOP, if requested, copies of any information developed 
and/or used by the observer provider and distributed to vessels, such as 
informational pamphlets, payment notification, description of observer 
duties, etc.
    (viii) Refusal to deploy an observer. (A) An observer service 
provider may refuse to deploy an observer on a requesting scallop vessel 
if the observer service provider does not have an available observer 
within 48 hours of receiving a request for an observer from a vessel.
    (B) An observer service provider may refuse to deploy an observer on 
a requesting fishing vessel if the observer service provider has 
determined that the requesting vessel is inadequate or unsafe pursuant 
to the reasons described at Sec. 600.746 of this chapter.
    (C) The observer service provider may refuse to deploy an observer 
on a fishing vessel that is otherwise eligible to carry an observer for 
any other reason, including failure to pay for previous observer 
deployments, provided the observer service provider has received prior 
written confirmation from NMFS authorizing such refusal.
    (6) Limitations on conflict of interest. An observer service 
provider:
    (i) Must not have a direct or indirect interest in a fishery managed 
under Federal regulations, including, but not limited to, a fishing 
vessel, fish dealer, fishery advocacy group, and/or fishery research;
    (ii) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be deployed; 
and
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who

[[Page 604]]

conducts fishing or fishing related activities that are regulated by 
NMFS, or who has interests that may be substantially affected by the 
performance or nonperformance of the official duties of observer 
providers.
    (7) Removal of observer service provider from the list of approved 
observer service providers. An observer service provider that fails to 
meet the requirements, conditions, and responsibilities specified in 
paragraphs (h)(5) and (6) of this section shall be notified by NMFS, in 
writing, that it is subject to removal from the list of approved 
observer service providers. Such notification shall specify the reasons 
for the pending removal. An observer service provider that has received 
notification that it is subject to removal from the list of approved 
observer service providers may submit written information to rebut the 
reasons for removal from the list. Such rebuttal must be submitted 
within 30 days of notification received by the observer service provider 
that the observer service provider is subject to removal and must be 
accompanied by written evidence rebutting the basis for removal. NMFS 
shall review information rebutting the pending removal and shall notify 
the observer service provider within 15 days of receipt of the rebuttal 
whether or not the removal is warranted. If no response to a pending 
removal is received by NMFS, the observer service provider shall be 
automatically removed from the list of approved observer service 
providers. The decision to remove the observer service provider from the 
list, either after reviewing a rebuttal, or if no rebuttal is submitted, 
shall be the final decision of NMFS and the Department of Commerce. 
Removal from the list of approved observer service providers does not 
necessarily prevent such observer service provider from obtaining an 
approval in the future if a new application is submitted that 
demonstrates that the reasons for removal are remedied. Certified 
observers under contract with an observer service provider that has been 
removed from the list of approved service providers must complete their 
assigned duties for any fishing trips on which the observers are 
deployed at the time the observer service provider is removed from the 
list of approved observer service providers. An observer service 
provider removed from the list of approved observer service providers is 
responsible for providing NMFS with the information required in 
paragraph (h)(5)(vii) of this section following completion of the trip. 
NMFS may consider, but is not limited to, the following in determining 
if an observer service provider may remain on the list of approved 
observer service providers:
    (i) Failure to meet the requirements, conditions, and 
responsibilities of observer service providers specified in paragraphs 
(h)(5) and (h)(6) of this section;
    (ii) Evidence of conflict of interest as defined under paragraph 
(h)(6) of this section;
    (iii) Evidence of criminal convictions related to:
    (A) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; or
    (B) The commission of any other crimes of dishonesty, as defined by 
state law or Federal law, that would seriously and directly affect the 
fitness of an applicant in providing observer services under this 
section;
    (iv) Unsatisfactory performance ratings on any Federal contracts 
held by the applicant; and
    (v) Evidence of any history of decertification as either an observer 
or observer provider.
    (i) Observer certification. (1) To be certified, employees or sub-
contractors operating as observers for observer service providers 
approved under paragraph (h) of this section must meet NMFS National 
Minimum Eligibility Standards for observers. NMFS National Minimum 
Eligibility Standards are available at the National Observer Program Web 
site: www.nmfs.noaa.gov/op/pds/categories/science--and--technology.html.
    (2) Observer training. In order to be deployed on any fishing 
vessel, a candidate observer must have passed an appropriate NMFS/NEFOP 
Observer Training course. If a candidate fails training, the candidate 
shall be notified in writing on or before the last day of training. The 
notification will indicate the reasons the candidate failed the 
training. Observer training shall

[[Page 605]]

include an observer training trip, as part of the observer's training, 
aboard a fishing vessel with a trainer. A candidate observer's first 
four deployments and the resulting data shall be immediately edited and 
approved after each trip by NMFS/NEFOP, prior to any further deployments 
by that observer. If data quality is considered acceptable, the observer 
would be certified.
    (3) Observer requirements. All observers must:
    (i) Have a valid NMFS/NEFOP fisheries observer certification 
pursuant to paragraph (i)(1) of this section;
    (ii) Be physically and mentally capable of carrying out the 
responsibilities of an observer on board fishing vessels, pursuant to 
standards established by NMFS. Such standards are available from NMFS/
NEFOP Web site specified in paragraph (h)(1) of this section and shall 
be provided to each approved observer service provider;
    (iii) Have successfully completed all NMFS-required training and 
briefings for observers before deployment, pursuant to paragraph (i)(2) 
of this section; and
    (iv) Hold a current Red Cross (or equivalence) CPR/first aid 
certification.
    (v) Accurately record their sampling data, write complete reports, 
and report accurately any observations relevant to conservation of 
marine resources or their environment.
    (4) Probation and decertification. NMFS may review observer 
certifications and issue observer certification probation and/or 
decertification as described in NMFS policy found on the NMFS/NEFOP Web 
site specified in paragraph (h)(1) of this section.
    (5) Issuance of decertification. Upon determination that 
decertification is warranted under paragraph (i)(4) of this section, 
NMFS shall issue a written decision to decertify the observer to the 
observer and approved observer service providers via certified mail at 
the observer's most current address provided to NMFS. The decision shall 
identify whether a certification is revoked and shall identify the 
specific reasons for the action taken. Decertification is effective 
immediately as of the date of issuance, unless the decertification 
official notes a compelling reason for maintaining certification for a 
specified period and under specified conditions. Decertification is the 
final decision of NMFS and the Department of Commerce and may not be 
appealed.
    (j) In the event that a vessel is requested by the Regional 
Administrator to carry a NMFS-certified fisheries observer pursuant to 
paragraph (a) of this section and is also selected to carry an at-sea 
monitor as part of an approved sector at-sea monitoring program 
specified in Sec. 648.87(b)(1)(v) for the same trip, only the NMFS-
certified fisheries observer is required to go on that particular trip.
    (k) NE multispecies observer coverage--(1) Pre-trip notification. 
Unless otherwise specified in this paragraph (k), or notified by the 
Regional Administrator, the owner, operator, or manager of a vessel 
(i.e., vessel manager or sector manager) issued a limited access NE 
multispecies permit that is fishing under a NE multispecies DAS or on a 
sector trip, as defined in this part, must provide advanced notice to 
NMFS of the vessel name, permit number, and sector to which the vessel 
belongs, if applicable; contact name and telephone number for 
coordination of observer deployment; date, time, and port of departure; 
and the vessel's trip plan, including area to be fished, whether a 
monkfish DAS will be used, and gear type to be used at least 48 hr prior 
to departing port on any trip declared into the NE multispecies fishery 
pursuant to Sec. 648.10 or Sec. 648.85, as instructed by the Regional 
Administrator, for the purposes of selecting vessels for observer 
deployment. For trips lasting 48 hr or less in duration from the time 
the vessel leaves port to begin a fishing trip until the time the vessel 
returns to port upon the completion of the fishing trip, the vessel 
owner, operator, or manager may make a weekly notification rather than 
trip-by-trip calls. For weekly notifications, a vessel must notify NMFS 
by 0001 hr of the Friday preceding the week (Sunday through Saturday) 
that it intends to complete at least one NE multispecies DAS or sector 
trip during the following week and provide the date, time, port of 
departure, area to be fished, whether a monkfish DAS will be used, and 
gear

[[Page 606]]

type to be used for each trip during that week. Trip notification calls 
must be made no more than 10 days in advance of each fishing trip. The 
vessel owner, operator, or manager must notify NMFS of any trip plan 
changes at least 24 hr prior to vessel departure from port. A vessel may 
not begin the trip without being issued an observer notification or a 
waiver by NMFS.
    (2) Vessel selection for observer coverage. NMFS shall notify the 
vessel owner, operator, or manager whether the vessel must carry an 
observer, or if a waiver has been granted, for the specified trip within 
24 hr of the vessel owner's, operator's or manager's notification of the 
prospective trip, as specified in paragraph (k)(1) of this section. All 
trip notifications shall be issued a unique confirmation number. A 
vessel may not fish on a NE multispecies DAS or sector trip with an 
observer waiver confirmation number that does not match the trip plan 
that was called in to NMFS. Confirmation numbers for trip notification 
calls are valid for 48 hr from the intended sail date. If a trip is 
interrupted and returns to port due to bad weather or other circumstance 
beyond the operator's control, and goes back out within 48 hr, the same 
confirmation number and observer status remains. If the layover time is 
greater than 48 hr, a new trip notification must be made by the 
operator, owner, or manager of the vessel.
    (l) NE multispecies monitoring program goals and objectives. 
Monitoring programs established for the NE multispecies are to be 
designed and evaluated consistent with the following goals and 
objectives:
    (1) Improve documentation of catch:
    (i) Determine total catch and effort, for each sector and common 
pool, of target or regulated species; and
    (ii) Achieve coverage level sufficient to minimize effects of 
potential monitoring bias to the extent possible while maintaining as 
much flexibility as possible to enhance fleet viability.
    (2) Reduce the cost of monitoring:
    (i) Streamline data management and eliminate redundancy;
    (ii) Explore options for cost-sharing and deferment of cost to 
industry; and
    (iii) Recognize opportunity costs of insufficient monitoring.
    (3) Incentivize reducing discards:
    (i) Determine discard rate by smallest possible strata while 
maintaining cost-effectiveness; and
    (ii) Collect information by gear type to accurately calculate 
discard rates.
    (4) Provide additional data streams for stock assessments:
    (i) Reduce management and/or biological uncertainty; and
    (ii) Perform biological sampling if it may be used to enhance 
accuracy of mortality or recruitment calculations.
    (5) Enhance safety of monitoring program.
    (6) Perform periodic review of monitoring program for effectiveness.
    (m) Atlantic herring observer coverage--(1) Pre-trip notification. 
At least 48 hr prior to the beginning of any trip on which a vessel may 
harvest, possess, or land Atlantic herring, a vessel issued a Limited 
Access Herring Permit or a vessel issued an Areas 2/3 Open Access 
Herring Permit on a declared herring trip or a vessel issued an All 
Areas Open Access Herring Permit fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and 
(3), and herring carriers must provide notice of the following 
information to NMFS: Vessel name, permit category, and permit number; 
contact name for coordination of observer deployment; telephone number 
for contact; the date, time, and port of departure; gear type; target 
species; and intended area of fishing, including whether the vessel 
intends to engage in fishing in the Northeast Multispecies Closed Areas, 
Closed Area I, Closed Area II, Nantucket Lightship Closed Area, Cashes 
Ledge Closure Area, and Western GOM Closure Area, as defined in Sec. 
648.81(a) through (e), respectively, at any point in the trip. Trip 
notification calls must be made no more than 10 days in advance of each 
fishing trip. The vessel owner, operator, or manager must notify NMFS of 
any trip plan changes at least 12 hr prior to vessel departure from 
port.
    (2) When vessels issued limited access herring permits are working 
cooperatively in the Atlantic herring fishery, including pair trawling, 
purse seining, and transferring herring at-sea, each vessel must provide 
to observers, when requested, the estimated weight of

[[Page 607]]

each species brought on board and the estimated weight of each species 
released on each tow.
    (3) Sampling requirements. In addition to the requirements at Sec. 
648.11(d)(1) through (7), an owner or operator of a vessel issued a 
Limited Access Herring Permit on which a NMFS-approved observers is 
embarked must provide observers:
    (i) A safe sampling station adjacent to the fish deck, including: A 
safety harness, if footing is compromised and grating systems are high 
above the deck; a safe method to obtain samples; and a storage space for 
baskets and sampling gear.
    (ii) Reasonable assistance to enable observers to carry out their 
duties, including but not limited to assistance with: Obtaining and 
sorting samples; measuring decks, codends, and holding bins; collecting 
bycatch when requested by the observers; and collecting and carrying 
baskets of fish when requested by the observers.
    (iii) Advance notice when pumping will be starting; when sampling of 
the catch may begin; and when pumping is coming to an end.
    (iv) Visual access to the net, the codend of the net, and the purse 
seine bunt and any of its contents after pumping has ended and before 
the pump is removed from the net. On trawl vessels, the codend including 
any remaining contents must be brought on board, unless bringing the 
codend on board is not possible. If bringing the codend on board is not 
possible, the vessel operator must ensure that the observer can see the 
codend and its contents as clearly as possible before releasing its 
contents.
    (4) Measures to address slippage. (i) No vessel issued a limited 
access herring permit may slip catch, as defined at Sec. 648.2, except 
in the following circumstances:
    (A) The vessel operator has determined, and the preponderance of 
available evidence indicates that, there is a compelling safety reason; 
or
    (B) A mechanical failure, including gear damage, precludes bringing 
some or all of the catch on board the vessel for inspection; or,
    (C) The vessel operator determines that pumping becomes impossible 
as a result of spiny dogfish clogging the pump intake. The vessel 
operator shall take reasonable measures, such as strapping and splitting 
the net, to remove all fish which can be pumped from the net prior to 
release.
    (ii) Vessels may make test tows without pumping catch on board if 
the net is re-set without releasing its contents provided that all catch 
from test tows is available to the observer to sample when the next tow 
is brought on board for sampling.
    (iii) If a vessel issued any limited access herring permit slips 
catch, the vessel operator must report the slippage event on the 
Atlantic herring daily VMS catch report and indicate the reason for 
slipping catch. Additionally, the vessel operator must complete and sign 
a Released Catch Affidavit detailing: The vessel name and permit number; 
the VTR serial number; where, when, and the reason for slipping catch; 
the estimated weight of each species brought on board or slipped on that 
tow. A completed affidavit must be submitted to NMFS within 48 hr of the 
end of the trip.
    (iv) If a vessel issued an All Areas or Areas 2/3 Limited Access 
Herring permit slips catch for any of the reasons described in paragraph 
(m)(4)(i) of this section, the vessel operator must move at least 15 nm 
(27.78 km) from the location of the slippage event before deploying any 
gear again, and must stay at least 15 nm (27.78 km) away from the 
slippage event location for the remainder of the fishing trip.
    (v) If catch is slipped by a vessel issued an All Areas or Areas 2/3 
Limited Access Herring permit for any reason not described in paragraph 
(m)(4)(i) of this section, the vessel operator must immediately 
terminate the trip and return to port. No fishing activity may occur 
during the return to port.
    (n) Atlantic mackerel, squid, and butterfish observer coverage--(1) 
Pre-trip notification. (i) A vessel issued a limited access Atlantic 
mackerel permit, as specified at Sec. 648.4(a)(5)(iii), must, for the 
purposes of observer deployment, have a representative provide notice to

[[Page 608]]

NMFS of the vessel name, vessel permit number, contact name for 
coordination of observer deployment, telephone number or email address 
for contact; and the date, time, port of departure, gear type, and 
approximate trip duration, at least 48 hr, but no more than 10 days, 
prior to beginning any fishing trip, unless it complies with the 
possession restrictions in paragraph (n)(1)(iii) of this section.
    (ii) A vessel that has a representative provide notification to NMFS 
as described in paragraph (n)(1)(i) of this section may only embark on a 
mackerel trip without an observer if a vessel representative has been 
notified by NMFS that the vessel has received a waiver of the observer 
requirement for that trip. NMFS shall notify a vessel representative 
whether the vessel must carry an observer, or if a waiver has been 
granted, for the specific mackerel trip, within 24 hr of the vessel 
representative's notification of the prospective mackerel trip, as 
specified in paragraph (n)(1)(i) of this section. Any request to carry 
an observer may be waived by NMFS. A vessel that fishes with an observer 
waiver confirmation number that does not match the mackerel trip plan 
that was called in to NMFS is prohibited from fishing for, possessing, 
harvesting, or landing mackerel except as specified in paragraph 
(n)(1)(iii) of this section. Confirmation numbers for trip notification 
calls are only valid for 48 hr from the intended sail date.
    (iii) Trip limits: A vessel issued a limited access mackerel permit, 
as specified in Sec. 648.4(a)(5)(iii), that does not have a 
representative provide the trip notification required in paragraph 
(n)(1)(i) of this section is prohibited from fishing for, possessing, 
harvesting, or landing more than 20,000 lb (9.07 mt) of mackerel per 
trip at any time, and may only land mackerel once on any calendar day, 
which is defined as the 24-hr period beginning at 0001 hours and ending 
at 2400 hours.
    (iv) If a vessel issued a limited access Atlantic mackerel permit, 
as specified in Sec. 648.4(a)(5)(iii), intends to possess, harvest, or 
land more than 20,000 lb (9.07 mt) of mackerel per trip or per calendar 
day, and has a representative notify NMFS of an upcoming trip, is 
selected by NMFS to carry an observer, and then cancels that trip, the 
representative is required to provide notice to NMFS of the vessel name, 
vessel permit number, contact name for coordination of observer 
deployment, and telephone number or email address for contact, and the 
intended date, time, and port of departure for the cancelled trip prior 
to the planned departure time. In addition, if a trip selected for 
observer coverage is cancelled, then that vessel is required to carry an 
observer, provided an observer is available, on its next trip.
    (2) Sampling requirements for limited access Atlantic mackerel and 
longfin squid/butterfish moratorium permit holders. In addition to the 
requirements in paragraphs (d)(1) through (7) of this section, an owner 
or operator of a vessel issued a limited access Atlantic mackerel or 
longfin squid/butterfish moratorium permit on which a NMFS-approved 
observer is embarked must provide observers:
    (i) A safe sampling station adjacent to the fish deck, including: A 
safety harness, if footing is compromised and grating systems are high 
above the deck; a safe method to obtain samples; and a storage space for 
baskets and sampling gear.
    (ii) Reasonable assistance to enable observers to carry out their 
duties, including but not limited to assistance with: Obtaining and 
sorting samples; measuring decks, codends, and holding bins; collecting 
bycatch when requested by the observers; and collecting and carrying 
baskets of fish when requested by the observers.
    (iii) Advance notice when pumping will be starting; when sampling of 
the catch may begin; and when pumping is coming to an end.
    (3) Measures to address slippage. (i) No vessel issued a limited 
access Atlantic mackerel permit or a longfin squid/butterfish moratorium 
permit may slip catch, as defined at Sec. 648.2, except in the 
following circumstances:
    (A) The vessel operator has determined, and the preponderance of 
available evidence indicates that, there is a compelling safety reason; 
or
    (B) A mechanical failure, including gear damage, precludes bringing 
some

[[Page 609]]

or all of the catch on board the vessel for sampling and inspection; or
    (C) The vessel operator determines that pumping becomes impossible 
as a result of spiny dogfish clogging the pump intake. The vessel 
operator shall take reasonable measures, such as strapping and splitting 
the net, to remove all fish that can be pumped from the net prior to 
release.
    (ii) If a vessel issued any limited access Atlantic mackerel permit 
slips catch, the vessel operator must report the slippage event on the 
Atlantic mackerel and longfin squid daily VMS catch report and indicate 
the reason for slipping catch. Additionally, vessels issued a limited 
Atlantic mackerel permit or a longfin squid/butterfish moratorium 
permit, the vessel operator must complete and sign a Released Catch 
Affidavit detailing: The vessel name and permit number; the VTR serial 
number; where, when, and the reason for slipping catch; the estimated 
weight of each species brought on board or slipped on that tow. A 
completed affidavit must be submitted to NMFS within 48 hr of the end of 
the trip.
    (iii) If a vessel issued a limited access Atlantic mackerel permit 
slips catch for any of the reasons described in paragraph (n)(3)(i) of 
this section, the vessel operator must move at least 15 nm (27.8 km) 
from the location of the slippage event before deploying any gear again, 
and must stay at least 15 nm (27.8 km) from the slippage event location 
for the remainder of the fishing trip.
    (iv) If catch is slipped by a vessel issued a limited access 
Atlantic mackerel permit for any reason not described in paragraph 
(n)(3)(i) of this section, the vessel operator must immediately 
terminate the trip and return to port. No fishing activity may occur 
during the return to port.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.11, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General provisions), B (Atlantic 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), and O (skates) 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 regarding such exemptions for the 
Atlantic mackerel, squid, butterfish, summer flounder, scup, black sea 
bass, spiny dogfish, bluefish, and tilefish fisheries.
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration of 
the exemption is consistent with the management objectives of the 
respective FMP, the provisions of the Magnuson-Stevens Act, and other 
applicable law, and that granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Administrator to each vessel participating in the exempted activity. 
This letter must be carried on board the vessel seeking the benefit of 
such exemption.
    (c) Experimental fishing for surfclams or ocean quahogs will not 
require an allocation permit.
    (d) Temporary possession letter of authorization (LOA): The Regional 
Administrator (RA), or the RA's designee, may issue an LOA to eligible 
researchers on board federally permitted fishing vessels on which 
species of fish that otherwise could not be legally retained would be 
possessed temporarily for the

[[Page 610]]

purpose of collecting catch data. Under this authorization, such species 
of fish could be retained temporarily for data collection purposes, but 
shall be discarded as soon as practicable following data collection.
    (1) Eligible activities. An LOA may be issued by the RA, or the RA's 
designee, to temporarily exempt a vessel, on which a qualified fishery 
research technician is collecting catch data, from the following types 
of fishery regulations: Minimum fish size restrictions; fish possession 
limits; species quota closures; prohibited fish species, not including 
species protected under the Endangered Species Act; and gear-specific 
fish possession restrictions.
    (2) Eligibility criteria. Only personnel from the following bodies 
are eligible for a temporary possession LOA: Foreign government agency; 
U.S. Government agency; U.S. state or territorial agency; university (or 
other educational institution accredited by a recognized national or 
international accreditation body); international treaty organization; or 
scientific institution.
    (3) Application requirements. To obtain a temporary possession LOA, 
an eligible applicant, as defined under paragraph (d)(2) of this 
section, is required to submit a complete application, which must 
contain the following information: The date of the application; the 
applicant's name, mailing address, and telephone number; a statement of 
the purposes and goals for which the LOA is needed; the name(s) and 
affiliation of the fishery research technicians will collect the data; a 
statement demonstrating the qualifications of the research technician 
that will collect the data; the species (target and incidental) expected 
to be harvested under the LOA; the proposed disposition of all regulated 
species harvested under the LOA; the approximate time(s) and place(s) 
fishing will take place; the type, size, and amount of gear to be used; 
and the signature of the applicant. In addition, for each vessel to be 
covered by the LOA, as soon as the information is available and before 
operations begin, the applicant is required to supply to NMFS the vessel 
operator name, the vessel's Federal fishing permit number, and the 
vessel registration or documentation number.

[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]



Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a longfin squid and butterfish moratorium or 
Illex moratorium permit under Sec. 648.4(a)(5) and vessels issued a 
squid/butterfish incidental catch permit and authorized in writing by 
the Regional Administrator to do so, may transfer or attempt to transfer 
or receive longfin squid, Illex, or butterfish.
    (b)(1) Except as provided in paragraph (b)(2) of this section, 
vessels issued a multispecies permit under Sec. 648.4(a)(1) or a 
scallop permit under Sec. 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 Sec. 
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 Sec. 
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 Sec. 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

[[Page 611]]

permit and fish exclusively in state waters.
    (e) Vessels issued a letter of authorization from the Regional 
Administrator to transfer small-mesh multispecies at sea for use as bait 
will automatically have 500 lb (226.8 kg) deducted from the vessel's 
combined silver hake and offshore hake possession limit, as specified 
under Sec. 648.86(d), for every trip during the participation period 
specified on the letter of authorization, regardless of whether a 
transfer of small-mesh multispecies at sea occurred or whether the 
actual amount that was transferred was less than 500 lb (226.8 kg). This 
deduction shall be noted on the transferring vessel's letter of 
authorization from the Regional Administrator.
    (f) Atlantic herring. With the exception of transfers made to an at-
sea processing vessel issued the required permit under Sec. 
648.6(a)(2)(ii), any person or vessel, including any vessel issued an 
Atlantic herring permit, is prohibited from transferring, receiving, or 
attempting to transfer or receive any Atlantic herring taken from the 
EEZ, except as authorized in this paragraph (f), and in compliance with 
reporting requirements at Sec. 648.7 (b)(2)(i)(D).
    (1) Personal use as bait. (i) The operator of a vessel that is not 
issued an Atlantic herring permit may purchase and/or receive Atlantic 
herring at sea for personal use as bait, provided the vessel receiving 
the transfer does not have purse seine, midwater trawl, pelagic gillnet, 
sink gillnet, or bottom trawl gear on board;
    (ii) A vessel issued an Atlantic herring permit may transfer herring 
at sea to another vessel for personal use as bait:
    (A) Provided the transferring vessel is issued a letter of 
authorization to transfer fish. The operator of the transferring vessel 
must show the letter of authorization to a representative of the vessel 
receiving fish or any authorized officer upon request; and
    (B) Provided that the transfer of herring at sea to another vessel 
for personal use as bait does not exceed the possession limit specified 
for the transferring vessel in Sec. 648.204, except that no more than 
2,000 lb (907.2 kg) of herring may be caught or transferred per trip or 
per calendar day if the vessel is in, or the fish were harvested from, a 
management area closed to fishing as specified in Sec. 648.201.
    (2) Atlantic herring carrier vessels. (i) A vessel issued an 
Atlantic herring permit may operate as a herring carrier vessel and 
receive herring provided it either is issued a carrier vessel letter of 
authorization and complies with the terms of that authorization, as 
specified in Sec. 648.4(a)(10)(ii), or it must have been issued and 
have on board a herring permit and have declared an Atlantic herring 
carrier trip via VMS, consistent with the requirements at Sec. 
648.10(l)(1).
    (ii) A vessel issued an Atlantic herring permit may transfer herring 
at sea to an Atlantic herring carrier up to the applicable possession 
limits specified in Sec. 648.204, provided it is issued a letter of 
authorization for the transfer of herring and that no more than 2,000 lb 
(907.2 kg) of herring may be caught or transferred at sea per trip or 
per calendar day if the vessel is in, or the fish were harvested from, 
an area closed to directed fishing as specified in Sec. 648.201.
    (3) If a herring management area has been closed to fishing as 
specified in Sec. 648.201, a vessel may not transfer Atlantic herring 
harvested from or in the area to an IWP or Joint Venture vessel.
    (4) If the amount of herring transshipped to a Canadian 
transshipment vessel would cause the amount of the border transfer 
specified pursuant to Sec. 648.200 to be exceeded, a vessel may not 
transfer Atlantic herring to a Canadian transshipment vessel permitted 
in accordance with Public Law 104-297.
    (5) Transfer to at-sea processors. A vessel issued an Atlantic 
herring permit may transfer herring to a vessel issued an at-sea 
processing permit specified in Sec. 648.6(a)(2)(ii), up to the 
applicable possession limit specified in Sec. 648.204, except that no 
more than 2,000 lb (907.2 kg) of herring may be caught or transferred at 
sea per trip or per calendar day if the vessel is in, or the fish were 
harvested from, a management area closed to directed fishing as 
specified in Sec. 648.201.
    (6) Transfers between herring vessels. A vessel issued a valid 
Atlantic herring permit may transfer and receive herring at sea, 
provided such vessel has

[[Page 612]]

been issued a letter of authorization from the Regional Administrator to 
transfer or receive herring at sea. Such vessel may not transfer, 
receive, or possess at sea, or land per trip herring in excess of the 
applicable possession limits specified in Sec. 648.204, except that no 
more than 2,000 lb (907.2 kg) of herring may be caught, transferred, 
received, or possessed at sea, or landed per trip or per calendar day if 
the vessel is in, or the fish were harvested from, a management area 
closed to directed fishing as specified in Sec. 648.201.
    (g) All persons are prohibited from transferring at sea, either 
directly or indirectly, or attempting to transfer at sea to any vessel, 
any red crab or red crab parts, taken in or from the EEZ portion of the 
Red Crab Management Unit.
    (h) Skates. (1) Except as provided in paragraph (h)(2) of this 
section, all persons or vessels issued a Federal skate permit are 
prohibited from transferring, or attempting to transfer, at sea any 
skates to any vessel, and all persons or vessels not issued a Federal 
skate permit are prohibited from transferring, or attempting to 
transfer, at sea to any vessel any skates while in the EEZ, or skates 
taken in or from the EEZ portion of the Skate Management Unit.
    (2) Vessels and vessel owners or operators issued Federal skate 
permits under Sec. 648.4(a)(14) may transfer at sea skates taken in or 
from the EEZ portion of the Skate Management Unit, provided:
    (i) The transferring vessel possesses on board a valid letter of 
authorization issued by the Regional Administrator as specified under 
Sec. 648.322(c); and
    (ii) The transferring vessel and vessel owner or operator comply 
with the requirements specified at Sec. 648.322(c).
    (i) Scup. (1) Except as provided in paragraph (i)(2) of this 
section, all persons or vessels issued a Federal scup permit are 
prohibited from transferring, or attempting to transfer, at sea any scup 
to any vessel, and all persons or vessels are prohibited from 
transferring, or attempting to transfer, at sea to any vessel any scup 
while in the EEZ, or any scup taken in or from the EEZ portion of the 
Scup Management Unit.
    (2) The owner or operator of a vessel issued a Federal scup permit 
under Sec. 648.4(a)(6)(i)(A) may transfer at sea scup taken in or from 
the EEZ portion of the Scup Management Unit, provided:
    (i) The transfer occurs between two vessels with Federal scup 
permits;
    (ii) The transfer occurs seaward of a boundary line that begins at 
40 deg.50' N. lat., 70 deg.00' W. long., and runs south to connect 
points at 40 deg.15' N. lat., 73 deg.30' W. long.; 37 deg.50' N. lat., 
75 deg.00' W. long.; and 35 deg.30' N. lat., 75 deg.00' W. long.;
    (iii) The donating and receiving vessels possess gear that meets the 
requirements at Sec. 648.125(a)(2), (3), and (4) for commercial scup 
fishing gear;
    (iv) The transfer occurs in the Winter I or Winter II periods of the 
scup fishing year;
    (v) There is only one transfer per fishing trip for the donor 
vessel;
    (vi) The donor vessel removes only enough scup from the net to 
attain the scup possession limit;
    (vii) After removal of scup from the net by the donor vessel, the 
entire codend, with all its contents, is transferred to the receiving 
vessel;
    (viii) Only scup in an amount not to exceed the possession limit are 
retained by the receiving vessel;
    (ix) While fishing for scup, all other nets are stored and not 
available for immediate use as defined in Sec. 648.2; and
    (x) The donating and receiving vessels report the transfer amount on 
the vessel trip report for each vessel.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.13, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.14  Prohibitions.

    (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,

[[Page 613]]

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 Sec. 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 Sec. 648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec. 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 not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (8) Fail to comply with any sea turtle conservation measure 
specified in 50 CFR parts 222 and 223, including any sea turtle 
conservation measure implemented by notification in the Federal 
Register.
    (9) Violate any provision of an in-season action to adjust trip 
limits, gear usage, season, area access and/or closure, or any other 
measure authorized by this part.
    (10) Food safety program. (i) Purchase, receive for a commercial 
purpose other than transport to a testing facility, or process; or 
attempt to purchase, receive for commercial purpose other than transport 
to a testing facility; or process, outside Maine, ocean quahogs 
harvested in or from the EEZ within the Maine mahogany quahog zone, 
except at a facility participating in an overall food safety program, 
operated by the official state agency having jurisdiction, that utilizes 
food safety-based procedures including sampling and analyzing for PSP 
toxin consistent with procedures used by the State of Maine for such 
purpose.
    (ii) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (iii)--(iv) [Reserved]
    (v) Fish for, harvest, catch, possess, or attempt to fish for, 
harvest, catch, or possess Atlantic surfclams and ocean quahogs from the 
reopened portion of the Georges Bank Closed Area, as defined in Sec. 
648.76(a)(4), unless issued a Letter of Authorization, and fishing under 
the appropriate VMS declaration and under the terms and conditions of 
the PSP testing protocol, as specified in Sec. 648.76(a)(4)(i).
    (b) Vessel and operator permits. It is unlawful for any person to do 
any of the following:
    (1) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a valid 
and appropriate permit issued under this part and the permit is on board 
the vessel and has not been surrendered, revoked, or suspended.
    (2) Alter, erase, or mutilate any permit issued under this part or 
any document submitted in support of an application for any such permit.
    (3) Operate or act as operator of a vessel that fishes for or 
possesses any species of fish regulated by this part, or that is issued 
a vessel permit pursuant to this part, without having been issued and 
possessing a valid operator's permit.
    (4) Fish for, possess, or land species regulated under this part 
with or from a vessel that is issued a limited access or moratorium 
permit under Sec. 648.4(a) and that has had the horsepower or length 
overall of such vessel or its replacement upgraded or increased in 
excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
    (5) Fish for, take, catch, harvest or land any species of fish 
regulated by

[[Page 614]]

this part for which the vessel is eligible to possess under a limited 
access or moratorium permit prior to the time the vessel has been 
reissued the applicable limited access or moratorium permit by NMFS.
    (6) Attempt to replace a limited access or moratorium fishing 
vessel, as specified at Sec. 648.4(a)(1)(i)(E), more than once during a 
permit year, unless the vessel has been rendered permanently inoperable.
    (7) Purchase, possess, or receive from a vessel for a commercial 
purpose, other than solely for transport on land, any species of fish 
for which a vessel permit is required under this part, unless the vessel 
possesses a valid vessel permit issued under this part.
    (8) Transfer, remove, or offload, for a commercial purpose; or 
attempt to transfer, remove, land, or offload, for a commercial purpose; 
at sea, any species regulated under this part, unless the transferring 
vessel has been issued and carries on board a valid LOA from the 
Regional Administrator, or is otherwise exempted, and the receiving 
vessel has been issued and has on board a valid Federal permit for the 
species that is being transferred.
    (9) Fish for, possess, or retain fish, during a fishing trip, aboard 
a Federally permitted vessel that, in the absence of an emergency, has 
not been operating under its own power for the entire trip.
    (c) Dealer permits. It is unlawful for any person to do any of the 
following:
    (1) Purchase, possess or receive for a commercial purpose; or 
attempt to purchase, possess or receive for a commercial purpose; other 
than solely for transport on land, any species regulated under this part 
unless in possession of a valid dealer permit issued under this part, 
except that this prohibition does not apply to species that are 
purchased or received from a vessel not issued a permit under this part 
that fished exclusively in state waters, or pursuant to the Sec. 648.17 
NAFO Regulatory Area exemptions.
    (2) Sell, barter, trade, or transfer; or attempt to sell, barter, 
trade, or transfer; other than solely for transport on land, any 
Atlantic herring, multispecies, or monkfish from a vessel that fished 
for such species in the EEZ, unless the dealer or transferee has a valid 
dealer permit issued under Sec. 648.6. A person who purchases and/or 
receives Atlantic herring at sea for his own personal use as bait, and 
does not have purse seine, mid-water trawl, pelagic gillnet, sink 
gillnet, or bottom trawl gear on board, is exempt from the requirement 
to possess an Atlantic herring dealer permit.
    (d) VMS. It is unlawful for any person to do any of the following:
    (1) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, VMS 
unit, or VMS signal required to be installed on or transmitted by vessel 
owners or operators required to use a VMS by this part.
    (2) Fail to submit the appropriate VMS activity code for the 
intended activity at the appropriate time, in accordance with Sec. 
648.10.
    (3) Fail to comply with the appropriate VMS reporting requirements, 
as specified in Sec. 648.10.
    (e) Observer program. It is unlawful for any person to do any of the 
following:
    (1) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler conducting his or her duties; any 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part; any official 
designee of the Regional Administrator conducting his or her duties, 
including those duties authorized in Sec. 648.7(g).
    (2) Refuse to carry onboard a vessel an observer or sea sampler if 
requested to do so by the Regional Administrator or the Regional 
Administrator's designee.
    (3) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to either a NMFS-approved observer or 
sea sampler conducting his or her duties aboard a vessel as specified in 
Sec. 648.11.
    (4) Submit false or inaccurate data, statements, or reports.
    (f) Research and experimental fishing. It is unlawful for any person 
to violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 648.12

[[Page 615]]

or fail to keep such letter on board the vessel during the period of the 
experiment.
    (g) Squid, mackerel, and butterfish--(1) All persons. Unless 
participating in a research activity as described in Sec. 648.22(g), it 
is unlawful for any person to do any of the following:
    (i) Possession and landing. Take, retain, possess, or land more 
mackerel, squid or butterfish than specified under, or after the 
effective date of, a notification issued under Sec. 648.22.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose; other than solely for transport on land; mackerel, 
squid, or butterfish caught by a vessel that has not been issued a 
Federal mackerel, squid, and butterfish vessel permit, unless the vessel 
fishes exclusively in state waters.
    (B) Transfer longfin squid, Illex, or butterfish within the EEZ, 
unless the vessels participating in the transfer have been issued a 
valid longfin squid and butterfish or Illex moratorium permit and are 
transferring species for which the vessels are permitted, or have a 
valid squid/butterfish incidental catch permit and the appropriate LOA 
from the Regional Administrator.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.22(g), it is unlawful for 
any person owning or operating a vessel issued a valid mackerel, squid, 
and butterfish fishery permit, or issued an operator's permit, to do any 
of the following:
    (i) General requirement. Fail to comply with any measures 
implemented pursuant to Sec. 648.22.
    (ii) Possession and landing. (A) Possess more than the incidental 
catch allowance of longfin or butterfish, unless issued a longfin squid 
and butterfish fishery moratorium permit.
    (B) Possess more than the incidental catch allowance of Illex squid, 
unless issued an Illex squid moratorium permit.
    (C) Possess more than the incidental catch allowance of mackerel, 
unless issued a Limited Access mackerel permit.
    (D) Take, retain, possess, or land mackerel, squid, or butterfish in 
excess of a possession limit specified in Sec. 648.26.
    (E) Possess more than 5,000 lb (2.27 mt) of butterfish, unless the 
vessel meets the minimum mesh requirements specified in Sec. 648.23(a).
    (F) Take, retain, possess, or land mackerel after a total closure 
specified under Sec. 648.24(b)(1).
    (G) Fish for, possess, transfer, receive, or sell; or attempt to 
fish for, possess, transfer, receive, or sell; more than 20,000 lb (9.08 
mt) of mackerel per trip; or land, or attempt to land more than 20,000 
lb (9.08 mt) of mackerel per day after 95 percent of the river herring 
and shad cap has been harvested, if the vessel holds a valid mackerel 
permit.
    (iii) Gear and vessel requirements. (A) Fish with or possess nets or 
netting that do not meet the gear requirements for Atlantic mackerel, 
longfin squid, Illex, or butterfish specified in Sec. 648.23(a); or 
that are modified, obstructed, or constricted, if subject to the minimum 
mesh requirements, unless the nets or netting are stowed and not 
available for immediate use as defined in Sec. 648.2 or the vessel is 
fishing under an exemption specified in Sec. 648.23(a)(5).
    (B) Fish for, retain, or possess Atlantic mackerel in or from the 
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall 
and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the 
retention and possession of Atlantic mackerel for processing by a vessel 
holding a valid at-sea processor permit pursuant to Sec. 648.6(a)(2). 
It shall be presumed that the Atlantic mackerel on board were harvested 
in or from the EEZ, unless the preponderance of reliable evidence 
available indicates otherwise.
    (C) Enter or fish in the mackerel, squid, and butterfish bottom 
trawling restricted areas, as described in Sec. 648.23(a)(6).
    (D) If fishing with midwater trawl or purse seine gear, fail to 
comply with the requirements of Sec. 648.80(d) and (e).
    (iv) Observer requirements for longfin squid fishery. Fail to comply 
with any of the provisions specified in Sec. 648.11.
    (v) Reporting requirements in the limited access Atlantic mackerel 
and longfin squid/butterfish moratorium fisheries. (A)

[[Page 616]]

Fail to declare via VMS into the mackerel or longfin squid/butterfish 
fisheries by entering the fishery code prior to leaving port at the 
start of each trip to harvest, possess, or land Atlantic mackerel or 
longfin squid, if a vessel has been issued a Limited Access Atlantic 
mackerel permit or longfin squid/butterfish moratorium permit, pursuant 
to Sec. 648.10.
    (B) Fail to notify NMFS Office of Law Enforcement through VMS of the 
time and place of offloading at least 6 hr prior to arrival, or, if 
fishing ends less than 6 hours before arrival, immediately upon leaving 
the fishing grounds, if a vessel has been issued a Limited Access 
Atlantic mackerel permit, pursuant to Sec. 648.10.
    (vi) Slip catch, as defined at Sec. 648.2, unless for one of the 
reasons specified at Sec. 648.11(n)(3)(i) if issued a limited access 
Atlantic mackerel permit, or a longfin squid/butterfish moratorium 
permit.
    (vii) For vessels with a limited access Atlantic mackerel permits, 
fail to move 15 nm (27.8 km), as required by Sec. 648.11(n)(3)(iii).
    (viii) For vessels with a limited access Atlantic mackerel permit, 
fail to immediately return to port as required by Sec. 
648.11(n)(3)(iv).
    (ix) Fail to complete, sign, and submit a Released Catch Affidavit 
if fish are released pursuant to the requirements at Sec. 
648.11(n)(3)(ii).
    (x) Fail to report or fail to accurately report a slippage event on 
the VMS mackerel and longfin squid daily catch report, as required by 
Sec. 648.11(n)(3)(ii).
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.22(g), it is unlawful for the owner 
and operator of a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit (including a moratorium permit), when the boat 
is carrying passengers for hire, to do any of the following:
    (i) Violate any recreational fishing measures established pursuant 
to Sec. 648.22(d).
    (ii) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (iii) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All mackerel and butterfish possessed on board a 
party or charter boat issued a mackerel, squid, and butterfish fishery 
permit are deemed to have been harvested from the EEZ.
    (h) Atlantic salmon. Unless participating in a research activity as 
described in Sec. 648.22(g), it is unlawful for any person to do any of 
the following:
    (1) Possession and landing. (i) Use any vessel of the United States 
for taking, catching, harvesting, fishing for, or landing any Atlantic 
salmon taken from or in the EEZ. It shall be presumed that the Atlantic 
salmon on board were harvested in or from the EEZ, unless the 
preponderance of reliable evidence available indicates otherwise.
    (ii) Transfer, directly or indirectly; or attempt to transfer, 
directly or indirectly; to any vessel any Atlantic salmon taken in or 
from the EEZ.
    (2) [Reserved]
    (i) Atlantic sea scallops--(1) All persons. It is unlawful for any 
person to do any of the following:
    (i) Permit requirement. Fish for, possess, or land, scallops without 
the vessel having been issued and carrying onboard a valid scallop 
permit in accordance with Sec. 648.4(a)(2), unless the scallops were 
harvested by a vessel that has not been issued a Federal scallop permit 
and fishes for scallops exclusively in state waters.
    (ii) Gear and crew requirements. Have a shucking or sorting machine 
on board a vessel while in possession of more than 600 lb (272.2 kg) of 
shucked scallops, unless that vessel has not been issued a scallop 
permit and fishes exclusively in state waters.
    (iii) Possession and landing. (A) Fish for or land per trip, or 
possess at any time prior to a transfer to another person for a 
commercial purpose, other than solely for transport on land:
    (1) In excess of 40 lb (18.1 kg) of shucked scallops at any time, 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, 
or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation 
Line, unless:

[[Page 617]]

    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit and is properly declared into 
the IFQ scallop fishery or is properly declared into the NE 
multispecies, Atlantic surfclam or quahog fishery, or other fishery 
requiring a VMS declaration, and is not fishing in a sea scallop access 
area.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM or IFQ scallop permit, and is properly 
declared into the NGOM scallop management area, and the NGOM TAC 
specified in Sec. 648.62 has been harvested.
    (v) [Reserved]
    (2) In excess of 200 lb (90.7 kg) of shucked scallops at any time, 
25 bu (8.8 hL) of in-shell scallops inside the VMS Demarcation Line, or 
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation 
Line, unless:
    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit issued pursuant to Sec. 
648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management 
area, and is properly declared into the general category scallop fishery 
or is properly declared into the NE multispecies, or Atlantic surfclam 
or quahog fishery, or other fishery requiring a VMS declaration, and is 
not fishing in a sea scallop access area.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec. 648.54.
    (v) [Reserved]
    (3) In excess of 600 lb (272.2 kg) of shucked scallops at any time, 
75 bu (26.4 hL) of in-shell scallops per trip South of 42 deg.20' N. 
Lat. and shoreward of the VMS Demarcation Line or 100 bu (35.2 hL) in-
shell scallops South of 42 deg.20' N. Lat. and seaward of the VMS 
Demarcation Line, unless:
    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit issued pursuant to 
Sec. 648.4(a)(2)(i) and is properly declared into the scallop DAS or 
Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec. 648.54.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit, is carrying an at-sea 
observer, and is authorized by the Regional Administrator to have, and 
the vessel does not exceed, an increased possession limit to compensate 
for the cost of carrying the observer.
    (iv) Transfer and purchase. (A) Land, offload, remove, or otherwise 
transfer; or attempt to land, offload, remove or otherwise transfer; 
scallops from one vessel to another, unless that vessel has not been 
issued a scallop permit and fishes exclusively in state waters.
    (B) Sell, barter, or trade, or otherwise transfer scallops from a 
vessel; or attempt to sell, barter or trade, or otherwise transfer 
scallops from a vessel; for a commercial purpose, unless the vessel has 
been issued a valid scallop permit pursuant to Sec. 648.4(a)(2), or the 
scallops were harvested by a vessel that has not been issued a scallop 
permit and fishes for scallops exclusively in state waters.
    (C) Purchase, possess, or receive for commercial purposes; or 
attempt to purchase or receive for commercial purposes; scallops from a 
vessel other than one issued a valid limited access or LAGC scallop 
permit, unless the scallops were harvested by a vessel

[[Page 618]]

that has not been issued a Federal scallop permit and fishes for 
scallops exclusively in state waters.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any scallops harvested from the 
EEZ by a vessel issued a Federal scallop permit, unless the transferee 
has a valid scallop dealer permit.
    (E) Fish for, possess, or retain scallops in Federal waters of the 
NGOM management area on a vessel that has been issued and carries on 
board a NGOM permit and has declared into the state waters fishery of 
the NGOM management area.
    (v) Ownership cap. Have an ownership interest in more than 5 percent 
of the total number of vessels issued limited access scallop permits and 
confirmations of permit history, except as provided in Sec. 
648.4(a)(2)(i)(M).
    (vi) Closed area requirements. (A) Fish for scallops in, or possess 
or land scallops from, the areas specified in Sec. Sec. 648.58 and 
648.61.
    (B) Transit or be in the areas described in Sec. Sec. 648.58 or 
648.61 in possession of scallops, except when all fishing gear is not 
available for immediate use as defined in Sec. 648.2, or unless there 
is a compelling safety reason to be in such areas.
    (vii) Scallop sectors. Fail to comply with any of the requirements 
or restrictions for general category scallop sectors specified in Sec. 
648.63.
    (viii) Scallop research. Fail to comply with any of the provisions 
specified in Sec. 648.56.
    (ix) Observer program. (A) Refuse, or fail, to carry onboard an 
observer after being requested to by the Regional Administrator or the 
Regional Administrator's designee.
    (B) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to a NMFS-approved observer conducting 
his or her duties aboard a vessel, as specified in Sec. 648.11.
    (C) Fail to comply with the notification, observer services 
procurement, and observer services payment requirements of the sea 
scallop observer program specified in Sec. 648.11(g).
    (x) Presumption. For purposes of this section, the following 
presumption applies: Scallops that are possessed or landed at or prior 
to the time when the scallops are received by a dealer, or scallops that 
are possessed by a dealer, are deemed to be harvested from the EEZ, 
unless the preponderance of evidence demonstrates that such scallops 
were harvested by a vessel without a scallop permit and fishing 
exclusively for scallops in state waters.
    (2) Limited access scallop vessel permit holders. It is unlawful for 
any person owning or operating a vessel issued a limited access scallop 
permit under Sec. 648.4(a)(2) to do any of the following:
    (i) Minimum shell height. Land, or possess at or after landing, in-
shell scallops smaller than the minimum shell height specified in Sec. 
648.50(a).
    (ii) Vessel, gear, and crew restrictions. (A) Possess more than 40 
lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or 
participate in the scallop DAS or Area Access programs, while in the 
possession of trawl nets that have a maximum sweep exceeding 144 ft 
(43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing of the net, except as specified in 
Sec. 648.51(a)(1), unless the vessel is fishing under the Northeast 
multispecies or monkfish DAS program.
    (B) While under or subject to the DAS allocation program, in 
possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu 
(1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
    (1) Fish with, or have available for immediate use, trawl nets of 
mesh smaller than the minimum size specified in Sec. 648.51(a)(2).
    (2) Fail to comply with any chafing gear or other gear obstruction 
restrictions specified in Sec. 648.51(a)(3).
    (3) Fail to comply with the turtle deflector dredge vessel gear 
restrictions specified in Sec. 648.51(b)(5), and turtle dredge chain 
mat requirements in Sec. 223.206(d)(11) of this title.
    (4) Fish under the small dredge program specified in Sec. 
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the bail 
of the dredge.
    (5) Fish under the small dredge program specified in Sec. 648.51(e) 
with more

[[Page 619]]

persons on board the vessel, including the operator, than specified in 
Sec. 648.51(e)(3), unless otherwise authorized by the Regional 
Administrator.
    (6) Participate in the DAS allocation program with more persons on 
board the vessel than the number specified in Sec. 648.51(c), including 
the operator, when the vessel is not docked or moored in port, unless 
otherwise authorized by the Regional Administrator.
    (7) Fish in a Sea Scallop Access Area, as described in Sec. 648.59, 
with more persons on board the vessel than the number specified in Sec. 
648.51(c) or
    (8) Have a shucking or sorting machine on board a vessel that shucks 
scallops at sea while fishing under the DAS allocation program, unless 
otherwise authorized by the Regional Administrator.
    (9) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec. 648.51(f).
    (10) Fail to comply with the gear restrictions described in Sec. 
648.51.
    (iii) Possession and landing. (A) Land scallops after using up the 
vessel's annual DAS allocation or land scallops on more than one trip 
per calendar day when not participating under the DAS allocation program 
pursuant to Sec. 648.10, unless exempted from DAS allocations as 
provided in the state waters exemption, specified in Sec. 648.54.
    (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops once inside the VMS Demarcation Line on or by a vessel 
that, at any time during the trip, fished in or transited any area south 
of 42 deg.20' N. lat; or fished in any Sea Scallop Area Access Program 
specified in Sec. 648.60, except as provided in the state waters 
exemption, as specified in Sec. 648.54.
    (C) Fish for or land per trip, or possess at any time, scallops in 
the NGOM scallop management area after notification in the Federal 
Register that the NGOM scallop management area TAC has been harvested, 
as specified in Sec. 648.62, unless the vessel possesses or lands 
scallops that were harvested south of 42 deg.20' N. lat. and the vessel 
only transits the NGOM scallop management area with the vessel's fishing 
gear properly stowed and not available for immediate use in accordance 
with Sec. 648.2 or unless the vessel is fishing exclusively in state 
waters and is participating in an approved state waters exemption 
program as specified in Sec. 648.54.
    (D) Fish for, possess, or land yellowtail flounder from a vessel on 
a scallop fishing trip.
    (iv) DAS. (A) Fish for, possess, or land scallops after using up the 
vessel's annual DAS allocation and Access Area trip allocations, or when 
not properly declared into the DAS or an Area Access program pursuant to 
Sec. 648.10, unless the vessel has been issued an LAGC scallop permit 
pursuant to Sec. 648.4(a)(2)(ii) and is lawfully fishing in a LAGC 
scallop fishery, unless exempted from DAS allocations as provided in 
state waters exemption, specified in Sec. 648.54.
    (B) Combine, transfer, or consolidate DAS allocations, except as 
allowed for one-for-one Access Area trip exchanges as specified in Sec. 
648.60(a)(3)(ii).
    (C) Fail to comply with any requirement for declaring in or out of 
the DAS allocation program or other notification requirements specified 
in Sec. 648.10.
    (D) Fail to comply with any requirements for declaring out of the 
DAS allocation program and steaming to land scallops at ports located at 
or south of 39 deg. N. lat., as specified in Sec. 648.53(f)(3).
    (E) Possess on board or land in-shell scallops if declaring out of 
the DAS allocation program and steaming to land scallops at ports 
located at or south of 39 deg. N. lat.
    (v) VMS requirements. (A) Fail to have an approved, operational, and 
functioning VMS unit that meets the specifications of Sec. 648.9 on 
board the vessel at all times, unless the vessel is not subject to the 
VMS requirements specified in Sec. 648.10.
    (B) If the vessel is not subject to VMS requirements specified in 
Sec. 648.10(b), fail to comply with the requirements of the call-in 
system specified in Sec. 648.10(c).
    (C) If a limited access scallop vessel declares a scallop trip 
before first crossing the VMS Demarcation Line, but not necessarily from 
port, in accordance with Sec. 648.10(f), fail to declare

[[Page 620]]

out of the fishery in port and have fishing gear not available for 
immediate use as defined in Sec. 648.2, until declared into the scallop 
fishery.
    (D) Once declared into the scallop fishery in accordance with Sec. 
648.10(f), change its VMS declaration until the trip has ended and 
scallop catch has been offloaded, except as specified at Sec. 
648.53(f)(3).
    (E) Fail to submit a scallop access area pre-landing notification 
form through VMS as specified at Sec. 648.10(f)(4)(iii).
    (vi) Scallop access area program. (A) Fail to comply with any of the 
provisions and specifications of Sec. 648.60.
    (B)-(C) [Reserved]
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside 
the boundaries of a Sea Scallop Access Area by a vessel that is declared 
into the Area Access Program as specified in Sec. 648.60.
    (E) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (F)-(G) [Reserved]
    (vii) State waters exemption program. Fail to comply with any 
requirement for participating in the State Waters Exemption Program 
specified in Sec. 648.54.
    (viii) Fish for scallops in, or possess scallops or land scallops 
from, the yellowtail flounder accountability measure closed areas 
specified in Sec. 648.64 during the period specified in the notice 
announcing the closure and based on the closure table specified in Sec. 
648.64.
    (ix) Fish for scallops west of 71 deg. W. long., outside of the Sea 
Scallop Access Areas, with gear that does not meet the specifications 
described in Sec. 648.65 during the period specified in the notice 
announcing the windowpane flounder accountability measure gear 
restricted area described in Sec. 648.65.
    (3) LAGC scallop vessels. It is unlawful for any person owning or 
operating a vessel issued an LAGC scallop permit to do any of the 
following:
    (i) Permit requirements. (A) Fail to comply with the LAGC scallop 
permit restrictions as specified in Sec. 648.4(a)(2)(ii)(G) through 
(O).
    (B) Fish for, possess, or land scallops on a vessel that is declared 
out of scallop fishing unless the vessel has been issued an Incidental 
scallop permit, or is an IFQ scallop vessel that is properly declared 
into the IFQ scallop, NE multispecies, Atlantic surfclam or quahog, or 
other fishery requiring a VMS declaration.
    (ii) Gear requirements. (A) Possess or use trawl gear that does not 
comply with any of the provisions or specifications in Sec. 648.51(a), 
unless the vessel is fishing under the Northeast multispecies or 
monkfish DAS program.
    (B) Possess or use dredge gear that does not comply with any of the 
provisions or specifications in Sec. 648.51(b).
    (iii) Possession and landing. (A) Land scallops more than once per 
calendar day.
    (B) Possess in-shell scallops while in possession of the maximum 
allowed amount of shucked scallops specified for each LAGC scallop 
permit category in Sec. 648.52.
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the NGOM scallop management area TAC has been harvested as 
specified in Sec. 648.62, unless the vessel is fishing exclusively in 
state waters, declared a state-waters only NGOM trip, and is 
participating in an approved state waters exemption program as specified 
in Sec. 648.54.
    (D) Fish for, possess, or land scallops in or from the NGOM scallop 
management area after the effective date of a notification published in 
the Federal Register that the NGOM scallop management area TAC has been 
harvested, as specified in Sec. 648.62, unless the vessel possesses or 
lands scallops that were harvested south of 42 deg.20' N. lat., the 
vessel is transiting the NGOM scallop management area, and the vessel's 
fishing gear is properly stowed and not available for immediate use in 
accordance with Sec. 648.2 or unless the vessel is fishing exclusively 
in state waters, declared a state-waters only NGOM trip, and is 
participating in an approved state waters exemption program as specified 
in Sec. 648.54.

[[Page 621]]

    (iv) VMS requirements. (A) Fail to comply with any of the VMS 
requirements specified in Sec. Sec. 648.10, 648.60, or 648.62.
    (B) Fail to comply with any requirement for declaring in or out of 
the LAGC scallop fishery or other notification requirements specified in 
Sec. 648.10(b).
    (C) If an LAGC scallop vessel declares a scallop trip shoreward of 
the VMS Demarcation Line, but not necessarily from port, in accordance 
with Sec. 648.10(f), fail to declare out of the fishery in port and 
have fishing gear not available for immediate use as defined in Sec. 
648.2, until declared into the scallop fishery.
    (D) Once declared into the scallop fishery in accordance with Sec. 
648.10(f), change its VMS declaration until the trip has ended and 
scallop catch has been offloaded.
    (v) Scallop access area program. (A) Fail to comply with any of the 
requirements specified in Sec. 648.60.
    (B) Declare into or leave port for an area specified in Sec. 
648.59(a) through (d) after the effective date of a notification 
published in the Federal Register stating that the number of LAGC trips 
have been taken, as specified in Sec. 648.60.
    (C) Fish for or land per trip, or possess in excess of 40 lb (18.1 
kg) of shucked scallops at any time in or from any Sea Scallop Access 
Area specified at Sec. 648.59, unless declared into the Sea Scallop 
Access Area Program.
    (D) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (vi) Sectors. Fail to comply with any of the requirements and 
restrictions for General Category sectors and harvesting cooperatives 
specified in Sec. 648.63.
    (4) IFQ scallop permit. It is unlawful for any person owning or 
operating a vessel issued an IFQ scallop permit to do any of the 
following:
    (i) Possession and landing. (A) Fish for or land per trip, or 
possess at any time, in excess of 600 lb (272.2 kg) of shucked, or 75 bu 
(26.4 hL) of in-shell scallops per trip, or 100 bu (35.2 hL) in-shell 
scallops seaward of the VMS Demarcation Line, unless the vessel is 
carrying an observer as specified in Sec. 648.11 and an increase in the 
possession limit is authorized by the Regional Administrator and not 
exceeded by the vessel, as specified in Sec. Sec. 648.52(g) and 
648.60(d).
    (B) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in 
the NGOM scallop management area, unless the vessel is seaward of the 
VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL) 
of in-shell scallops, or when the vessel is not declared into the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with gear properly stowed and unavailable for immediate use in 
accordance with Sec. 648.23.
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the NGOM scallop management area TAC has been harvested as 
specified in Sec. 648.62, unless the vessel is fishing exclusively in 
state waters, declared a state-waters only NGOM trip, and is 
participating in an approved state waters exemption program as specified 
in Sec. 648.54.
    (D) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward 
of the VMS Demarcation Line and not be participating in the Access Area 
Program, or possess or land per trip more than 50 bu (17.6 hL) of in-
shell scallops shoreward of the VMS Demarcation Line, unless exempted 
from DAS allocations as provided in Sec. 648.54.
    (E) [Reserved]
    (F) Fish for, possess, or land scallops in excess of a vessel's IFQ.
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreweard of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the 
VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the State waters exemption program, specified at 
Sec. 648.54.

[[Page 622]]

    (H) Land scallops more than once per calendar day.
    (ii) Owner and allocation cap. (A) Have an ownership interest in 
vessels that collectively are allocated more than 5 percent of the total 
IFQ scallop ACL as specified in Sec. 648.53(a)(5)(ii) and (iii).
    (B) Have an IFQ allocation on an IFQ scallop vessel of more than 2.5 
percent of the total IFQ scallop ACL as specified in Sec. 
648.53(a)(4)(i).
    (iii) IFQ Transfer Program. (A) Apply for an IFQ transfer that will 
result in the transferee having an aggregate ownership interest in more 
than 5 percent of the total IFQ scallop ACL.
    (B) Apply for an IFQ transfer that will result in the receiving 
vessel having an IFQ allocation in excess of 2.5 percent of the total 
IFQ scallop ACL as specified in Sec. 648.53(a)(4)(i).
    (C) Fish for, possess, or land transferred IFQ prior to approval of 
the transfer by the Regional Administrator as specified in Sec. 
648.53(h)(5).
    (D)-(F) [Reserved]
    (G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel 
that has not been issued a valid IFQ scallop permit.
    (iv) Cost Recovery Program. Fail to comply with any of the cost 
recovery requirements specified under Sec. 648.53(g)(4).
    (5) NGOM scallop permit. It is unlawful for any person owning or 
operating a vessel issued an NGOM scallop permit to do any of the 
following:
    (i) Declare into, or fish for or possess scallops outside of the 
NGOM Scallop Management Area as defined in Sec. 648.62.
    (ii) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops in 
or from the NGOM scallop management area, or seaward of the VMS 
Demarcation Line more than 50 bu (17.6 hL) of in-shell scallops.
    (iii) Fish for, possess, or land scallops in state or Federal waters 
of the NGOM management area after the effective date of notification in 
the Federal Register that the NGOM scallop management area TAC has been 
harvested as specified in Sec. 648.62, unless the vessel is fishing 
exclusively in state waters, declared a state-waters only NGOM trip, and 
is participating in an approved state waters exemption program as 
specified in Sec. 648.54.
    (iv) Fish for, possess, or retain scallops in Federal waters of the 
NGOM after declaring a trip into NGOM state waters.
    (6) Incidental scallop permit. It is unlawful for any person owning 
or operating a vessel issued an Incidental scallop permit to fish for, 
possess, or retain, more than 40 lb (18.1 kg) of shucked scallops, or 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, 
or 10 bu (3.52 hL) of in-shell scallops while seaward of the VMS 
Demarcation Line.
    (j) Atlantic surfclam and ocean quahog. It is unlawful for any 
person to do any of the following:
    (1) Possession and landing. (i) Fish for surfclams or ocean quahogs 
in any area closed to surfclam or ocean quahog fishing.
    (ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Administrator under the terms 
of Sec. 648.75.
    (iii) Fish for, retain, or land both surfclams and ocean quahogs in 
or from the EEZ on the same trip.
    (iv) Fish for, retain, or land ocean quahogs in or from the EEZ on a 
trip designated as a surfclam fishing trip under Sec. 648.15(b); or 
fish for, retain, or land surfclams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec. 648.15(b).
    (v) Fail to offload any surfclams or ocean quahogs harvested in the 
EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (vi) Land or possess any surfclams or ocean quahogs harvested in or 
from the EEZ without having been issued, or in excess of, an individual 
allocation.
    (2) Transfer and purchase. (i) Receive for a commercial purpose 
other than solely for transport on land, surfclams or ocean quahogs 
harvested in or from the EEZ, whether or not they are landed under an 
allocation under Sec. 648.74, unless issued a dealer/processor permit 
under this part.
    (ii) Transfer any surfclams or ocean quahogs harvested in or from 
the EEZ

[[Page 623]]

to any person for a commercial purpose, other than solely for transport 
on land, without a surfclam or ocean quahog processor or dealer permit.
    (iii) Offload unshucked surfclams or ocean quahogs harvested in or 
from the EEZ outside the Maine mahogany quahog zone from vessels not 
capable of carrying cages, other than directly into cages.
    (3) Gear and tags requirements. (i) Alter, erase, mutilate, 
duplicate or cause to be duplicated, or steal any cage tag issued under 
this part.
    (ii) Produce, or cause to be produced, cage tags required under this 
part without written authorization from the Regional Administrator.
    (iii) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag a 
cage of ocean quahogs with a surfclam cage tag.
    (v) Possess an empty cage to which a cage tag required by Sec. 
648.77 is affixed, or possess any cage that does not contain surfclams 
or ocean quahogs and to which a cage tag required by Sec. 648.77 is 
affixed.
    (vi) Land or possess, after offloading, any cage holding surfclams 
or ocean quahogs without a cage tag or tags required by Sec. 648.77, 
unless the person can demonstrate the inapplicability of the 
presumptions set forth in Sec. 648.77(h).
    (vii) Sell null and void tags.
    (4) VMS requirements. (i) Fail to maintain an operational VMS unit 
as specified in Sec. 648.9, and comply with any of the notification 
requirements specified in Sec. 648.15(b) including:
    (A) Fish for, land, take, possess, or transfer surfclams or ocean 
quahogs under an open access surfclam or ocean quahog permit without 
having provided proof to the Regional Administrator that the vessel has 
a fully functioning VMS unit on board the vessel and declared a 
surfclam, ocean quahog, or Maine mahogany quahog fishing activity code 
via the VMS unit prior to leaving port as specified at Sec. 648.15(b).
    (B) Fish for, land, take, possess, or transfer ocean quahogs under a 
limited access Maine mahogany quahog permit without having provided 
proof to the Regional Administrator of NMFS that the vessel has a fully 
functioning VMS unit on board the vessel and declared a fishing trip via 
the VMS unit as specified at Sec. 648.15(b).
    (5) Maine mahogany quahog zone. (i) Land unshucked surfclams or 
ocean quahogs harvested in or from the EEZ outside the Maine mahogany 
quahog zone in containers other than cages from vessels capable of 
carrying cages.
    (ii) Land unshucked surfclams and ocean quahogs harvested in or from 
the EEZ within the Maine mahogany quahog zone in containers other than 
cages from vessels capable of carrying cages unless, with respect to 
ocean quahogs, the vessel has been issued a Maine mahogany quahog permit 
under this part and is not fishing for an individual allocation of 
quahogs under Sec. 648.74.
    (iii) Offload unshucked surfclams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages.
    (iv) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages, unless the vessel has 
been issued a Maine mahogany quahog permit under this part and is not 
fishing for an individual allocation of quahogs under Sec. 648.74.
    (v) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date published 
in the Federal Register notifying participants that Maine mahogany 
quahog quota is no longer available for the respective fishing year, 
unless the vessel is fishing for an individual allocation of ocean 
quahogs under Sec. 648.74.
    (6) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Possession of surfclams or ocean quahogs on the deck of any 
fishing vessel in closed areas, or the presence of any part of a 
vessel's gear in the water in closed areas is prima facie evidence that 
such vessel was fishing in violation of the provisions of the Magnuson-
Stevens Act and these regulations.
    (ii) Surfclams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or

[[Page 624]]

Sec. 648.74(b) are deemed to have been harvested in the EEZ and count 
against the individual's annual allocation, unless the vessel has a 
valid Maine mahogany quahog permit issued pursuant to Sec. 
648.4(a)(4)(i) and is not fishing for an individual allocation under 
Sec. 648.74.
    (iii) Surfclams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and are deemed to 
be part of an individual's allocation, unless the vessel has a valid 
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and 
is not fishing for an individual allocation under Sec. 648.74; or, 
unless the preponderance of available evidence demonstrates that he/she 
has surrendered his/her surfclam and ocean quahog permit issued under 
Sec. 648.4 and he/she conducted fishing operations exclusively within 
waters under the jurisdiction of any state. Surfclams and ocean quahogs 
in cages with a Federal tag or tags, issued and still valid pursuant to 
this part, affixed thereto are deemed to have been harvested by the 
individual allocation holder to whom the tags were issued or transferred 
under Sec. 648.74 or Sec. 648.77(b).
    (k) NE multispecies--(1) Permit requirements for all persons. It is 
unlawful for any person, including any owner or operator of a vessel 
issued a valid Federal NE multispecies permit or letter under Sec. 
648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of 
the following:
    (i) Fish for, possess, or land NE multispecies, unless:
    (A) The NE multispecies are being fished for or were harvested in or 
from the EEZ by a vessel holding a valid Federal NE multispecies permit 
under this part, or a letter under Sec. 648.4(a)(1), and the operator 
on board such vessel has a valid operator's permit and has it on board 
the vessel.
    (B) The NE multispecies were harvested by a vessel not issued a 
Federal NE multispecies permit, nor eligible to renew or be reissued a 
limited access NE multispecies permit as specified in Sec. 648.4(b)(2), 
that fishes for NE multispecies exclusively in state waters.
    (C) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel.
    (D) Any haddock, and up to 100 lb (45 kg) of other regulated NE. 
multispecies other than haddock, were harvested by a vessel issued an 
All Areas Limited Access Herring Permit and/or an Area 2 and 3 Limited 
Access Herring Permit on a declared herring trip, regardless of gear or 
area fished, or a vessel issued a Limited Access Incidental Catch 
Herring Permit and/or an Open Access Herring Permit that fished with 
midwater trawl gear, pursuant to the requirements in Sec. 648.80(d) and 
(e), and such fish are not sold for human consumption.
    (E) Otherwise specified in Sec. 648.17.
    (ii) Land, offload, remove, or otherwise transfer; or attempt to 
land, offload, remove or otherwise transfer; NE multispecies from one 
vessel to another vessel, unless both vessels have not been issued 
Federal NE multispecies permits and both fish exclusively in state 
waters, unless authorized in writing by the Regional Administrator, or 
otherwise allowed.
    (iii) Sell, barter, trade, or otherwise transfer; or attempt to 
sell, barter, trade, or otherwise transfer; for a commercial purpose any 
NE multispecies from a trip, unless:
    (A) The vessel is holding a Federal NE multispecies permit, or a 
letter under Sec. 648.4(a)(1), and is not fishing under the charter/
party vessel restrictions specified in Sec. 648.89.
    (B) The NE multispecies were harvested by a vessel without a Federal 
NE multispecies permit that fishes for NE multispecies exclusively in 
state waters.
    (C) Or as otherwise specified in Sec. 648.17.
    (iv) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a Federal NE 
multispecies vessel permit without having been issued and possessing a 
valid operator's permit.
    (2) Permit requirements for vessel and operator permit holders. It 
is unlawful for any owner or operator of a vessel issued a valid Federal 
NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) Fish for, possess, or land NE multispecies with or from a vessel 
that

[[Page 625]]

has had the length overall of such vessel, or its replacement, increased 
or upgraded in excess of limitations specified in Sec. 
648.4(a)(1)(i)(E) and (F).
    (ii) Fish for, possess, or land NE multispecies with or from a 
vessel that has had the horsepower of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in Sec. 
648.4(a)(1)(i)(E) and (F).
    (iii) Fail to comply with the pre-trip notification requirements of 
the NE multispecies observer program specified in Sec. 648.11(k).
    (iv) Possess or land fish while setting fixed gear on a set-only 
trip as declared through the pre-trip notification system pursuant to 
Sec. 648.11(k).
    (3) Dealer requirements. (i) It is unlawful to purchase, possess, 
import, export, or receive as a dealer, or in the capacity of a dealer, 
regulated species or ocean pout in excess of the possession limits 
specified in Sec. 648.82, Sec. 648.85, Sec. 648.86, or Sec. 648.87 
applicable to a vessel issued a NE multispecies permit, unless otherwise 
specified in Sec. 648.17, or unless the regulated species or ocean pout 
are purchased or received from a vessel that caught them on a sector 
trip and such species are exempt from such possession limits in 
accordance with an approved sector operations plan, as specified in 
Sec. 648.87(c).
    (ii) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any NE multispecies harvested 
from the EEZ by a vessel issued a Federal NE multispecies permit, unless 
the transferee has a valid NE multispecies dealer permit.
    (4) NAFO. It is unlawful for any owner or operator of a vessel 
issued a valid NE multispecies permit or letter under Sec. 
648.4(a)(1)(i), to fail to comply with the exemption specifications in 
Sec. 648.17.
    (5) Regulated Mesh Areas. It is unlawful for any person, including 
any owner or operator of a vessel issued a valid Federal NE multispecies 
permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified 
in Sec. 648.17, to do any of the following:
    (i) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge 
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin 
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption 
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great South 
Channel Scallop Dredge Exemption Area; (a)(19), the Eastern and Western 
Cape Cod Spiny Dogfish Exemption Areas; (b)(3), exemptions (small mesh); 
(b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE 
Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and 
Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet 
Exemption Area; (b)(11), the SNE Scallop Dredge Exemption Area; or 
(b)(12), the SNE Skate Bait Trawl Exemption Area. Each violation of any 
provision in Sec. 648.80 constitutes a separate violation.
    (ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern 
New England Regulated Mesh Areas, except as provided in Sec. 
648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all 
gear (other than exempted gear) must be stowed and not available for 
immediate use as defined in Sec. 648.2.
    (iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (A) Fish 
with, use, or have on board, within the areas described in Sec. 
648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh 
size specified in Sec. 648.80(a)(3) and (4); except as provided in 
Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d), 
(e), and (i); unless the vessel has not been issued a NE multispecies 
permit and fishes for NE multispecies exclusively in state waters, or 
unless otherwise specified in Sec. 648.17.
    (B) Fish within the areas described in Sec. 648.80(a)(6) with net 
mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or 
(4).
    (iv) Southern New England Regulated Mesh Area. Fish with, use, or 
have

[[Page 626]]

available for immediate use within the area described in Sec. 
648.80(b)(1), net mesh smaller than the minimum size specified in Sec. 
648.80(b)(2), except as provided in Sec. 648.80(b)(3), (b)(9), (d), 
(e), and (i), or unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for multispecies exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
    (v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have 
available for immediate use within the area described in Sec. 
648.80(c)(1), nets of mesh size smaller than the minimum mesh size 
specified in Sec. 648.80(c)(2); except as provided in Sec. 
648.80(c)(3), (d), (e), and (i); or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in Sec. 
648.17.
    (vi) Mid-water trawl exempted fishery. (A) Fish for, land, or 
possess NE multispecies harvested by means of pair trawling or with pair 
trawl gear, except under the provisions of Sec. 648.80(d), or unless 
the vessels that engaged in pair trawling have not been issued 
multispecies permits and fish for NE multispecies exclusively in state 
waters.
    (B) Possess, land, or fish for regulated species or ocean pout, 
except winter flounder as provided for in accordance with Sec. 
648.80(i) from or within the areas described in Sec. 648.80(i), while 
in possession of scallop dredge gear on a vessel not fishing under the 
scallop DAS program as described in Sec. 648.53, or fishing under a 
LAGC permit, unless the vessel and the dredge gear conform with the 
definition of not available for immediate use as defined in Sec. 648.2, 
or unless the vessel has not been issued a Federal NE multispecies 
permit and fishes for, possesses, or lands NE multispecies exclusively 
in state waters.
    (vii) Scallop vessels. (A) Violate any of the possession or landing 
restrictions on fishing with scallop dredge gear specified in Sec. Sec. 
648.80(h) and 648.94.
    (B) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 648.80(i) from or 
within the areas described in Sec. 648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the 
definition of not available for immediate use as defined in Sec. 648.2, 
or unless the vessel has not been issued a Federal NE multispecies 
permit and fishes for NE multispecies exclusively in state waters.
    (viii) Northern shrimp and small mesh multispecies exempted 
fisheries. (A) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 648.80(a)(5).
    (B) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in Sec. 
648.80(a)(9)(i), unless such species were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) or 
(a)(9)(ii).
    (ix) Winter flounder state exemption program. Violate any provision 
of the state waters winter flounder exemption program as provided in 
Sec. 648.80(i).
    (6) Gear requirements--(i) For all persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (A) Obstruct or constrict a net as described in Sec. 648.80(g)(1) 
or (2).
    (B) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in Sec. 
648.80(a)(3)(vii) with trawl gear where the diameter of any part of the 
trawl footrope, including discs, rollers or rockhoppers, is greater than 
12 inches (30.5 cm).
    (C) Fish for, land, or possess NE multispecies harvested with brush-
sweep trawl gear unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (D) Possess brush-sweep trawl gear while in possession of NE 
multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (E) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed and not available for immediate

[[Page 627]]

use as defined in Sec. 648.2, or fail to remove, sink gillnet gear and 
other gillnet gear capable of catching NE multispecies, with the 
exception of single pelagic gillnets (as described in Sec. 
648.81(f)(5)(ii)), in the areas and for the times specified in Sec. 
648.80(g)(6)(i) and (ii), except as provided in Sec. 648.80(g)(6)(i) 
and (ii), and Sec. 648.81(f)(5)(ii), or unless otherwise authorized in 
writing by the Regional Administrator.
    (F) Fish for, land, or possess NE multispecies harvested with the 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (G) Possess or use de-hookers (``crucifiers'') with less than 6-inch 
(15.2-cm) spacing between the fairlead rollers while in possession of NE 
multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (ii) For vessel and operator permit holders. It is unlawful for any 
owner or operator of a vessel issued a valid NE multispecies permit or 
letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 
648.17, to do any of the following:
    (A) Gillnet gear. (1) If the vessel has been issued a limited access 
NE multispecies permit and fishes under a NE multispecies DAS or on a 
sector trip with gillnet gear, fail to comply with gillnet tagging 
requirements specified in Sec. Sec. 648.80(a)(3)(iv)(B)(4), 
(a)(3)(iv)(C), (a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), 
or fail to produce immediately, or cause to be produced immediately, 
gillnet tags when requested by an authorized officer.
    (2) Produce, or cause to be produced, gillnet tags under Sec. 
648.80(a)(3)(iv)(C), without the written confirmation from the Regional 
Administrator described in Sec. 648.80(a)(3)(iv)(C).
    (3) Tag a gillnet or use a gillnet tag that has been reported lost, 
missing, destroyed, or that was issued to another vessel.
    (4) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    (5) Enter, fail to remove sink gillnet gear or gillnet gear capable 
of catching NE multispecies from, or be in the areas, and for the times, 
described in Sec. 648.80(g)(6)(i) and (ii), except as provided in 
Sec. Sec. 648.80(g)(6)(i) and 648.81(i).
    (B) Hook gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook gear in areas specified in 
Sec. 648.80(a), (b), or (c), unless allowed under Sec. 
648.85(b)(7)(iv)(E).
    (7) Closed areas and EFH--(i) All persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid 
Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), 
unless otherwise specified in Sec. 648.17, to do any of the following:
    (A) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81(d)(1), (e)(1), 
(f)(4), and (g)(1), except as provided in Sec. 648.81(d)(2), (e)(2), 
(f)(5), (g)(2), and (i).
    (B) Fish for, harvest, possess, or land regulated species in or from 
the closed areas specified in Sec. 648.81(a) through (f) and (n), 
unless otherwise specified in Sec. 648.81(c)(2)(iii), (f)(5)(i), 
(f)(5)(iv), (f)(5)(viii) and (ix), (i), (n)(2)(i), or as authorized 
under Sec. 648.85.
    (C) Restricted gear areas. (1) Fish, or be in the areas described in 
Sec. 648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel with 
mobile gear during the time periods specified in Sec. 648.81(j)(2), 
(k)(2), (l)(2), and (m)(2), except as provided in Sec. 648.81(j)(2), 
(k)(2), (l)(2), and (m)(2).
    (2) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (3) Deploy in or fail to remove lobster pot gear from the areas 
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time 
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (D) GB Seasonal Closure Area. Enter, fail to remove gear from, or be 
in the areas described in Sec. 648.81(g)(1) through (i)(1) during the 
time period specified,

[[Page 628]]

except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
    (E) Closed Area I. Enter or be in the area described in Sec. 
648.81(a)(1) on a fishing vessel, except as provided in Sec. 
648.81(a)(2) and (i).
    (F) Closed Area II. Enter or be in the area described in Sec. 
648.81(b)(1) on a fishing vessel, except as provided in Sec. 
648.81(b)(2) and (i).
    (G) Nantucket Lightship Closure Area. Enter or be in the area 
described in Sec. 648.81(c)(1) on a fishing vessel, except as allowed 
under Sec. 648.81(c)(2) and (i).
    (ii) Vessel and permit holders. It is unlawful for any owner or 
operator of a vessel issued a valid NE multispecies permit or letter 
under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, 
to do any of the following:
    (A) EFH closure area restrictions. If fishing with bottom tending 
mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure 
areas described in Sec. 648.81(h)(1)(i) through (vi).
    (B) [Reserved]
    (8) DAS restrictions for all persons. It is unlawful for any person, 
including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) For vessels issued a limited access NE multispecies permit, or 
those issued a limited access NE multispecies permit and a limited 
access monkfish permit (Category C, D, F, G, or H), but not fishing 
under the limited access monkfish Category A or B provisions as allowed 
under Sec. 648.92(b)(2), call into the DAS program prior to 1 hr before 
leaving port.
    (ii) Call in DAS in excess of those allocated, leased, or 
permanently transferred, in accordance with the restrictions and 
conditions of Sec. 648.82.
    (9) DAS restrictions for vessel and operator permit holders. It is 
unlawful for any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) If operating under the provisions of a limited access NE 
multispecies Handgear A permit south of the GOM Regulated Mesh Area, as 
defined at Sec. 648.80(a)(1), fail to declare the vessel operator's 
intent to fish in this area via VMS or fail to obtain or retain on board 
a letter of authorization from the Regional Administrator, as required 
by Sec. 648.82(b)(6)(iv).
    (ii) DAS Leasing Program. (A) Provide false information on an 
application, required by Sec. 648.82(k)(4)(xi), to downgrade the DAS 
Leasing Program baseline.
    (B) Lease NE multispecies DAS or use leased DAS that have not been 
approved for leasing by the Regional Administrator as specified in Sec. 
648.82(k).
    (C) Provide false information on, or in connection with, an 
application, required under Sec. 648.82(k)(3), to effectuate the 
leasing of NE multispecies DAS.
    (D) Act as lessor or lessee of a NE multispecies Category B DAS, or 
Category C DAS.
    (E) Act as lessor or lessee of NE multispecies DAS, if the lessor's 
or the lessee's vessels do not comply with the size restrictions 
specified in Sec. 648.82(k)(4)(ix).
    (F) Sub-lease NE multispecies DAS.
    (G) [Reserved]
    (H) Lease NE multispecies DAS to a vessel that does not have a valid 
limited access multispecies permit.
    (I) [Reserved]
    (J) Lease NE multispecies DAS if the number of unused allocated DAS 
is less than the number of DAS requested to be leased.
    (K) Lease NE multispecies DAS in excess of the duration specified in 
Sec. 648.82(k)(4)(viii).
    (L) Combine, transfer, or consolidate DAS allocations, except as 
provided for under the DAS Leasing Program or the DAS Transfer Program, 
as specified under Sec. 648.82(k) and (l), respectively.
    (M) Lease NE multispecies DAS to or from a common pool vessel if 
either the Lessor or the Lessee vessel is a sector vessel.
    (iii) DAS Transfer Program. (A) Transfer NE multispecies DAS, or use 
transferred DAS, that have not been approved for transfer by the 
Regional Administrator, as specified in Sec. 648.82(l).
    (B) Provide false information on, or in connection with, an 
application, required by Sec. 648.82(l)(2), for a NE multispecies DAS 
transfer.

[[Page 629]]

    (C) Permanently transfer only a portion of a vessel's total 
allocation of DAS.
    (D) Permanently transfer NE multispecies DAS between vessels, if 
such vessels do not comply with the size restrictions specified in Sec. 
648.82(l)(1)(ii).
    (E) Transfer NE multispecies DAS to or from a common pool vessel if 
either the Transferor or the Transferee vessel is a sector vessel.
    (F) Transfer NE multispecies DAS to or from a sector vessel if 
either the Transferor or the Transferee vessel is enrolled in a 
different sector for that particular fishing year.
    (iv) Gillnet fishery. (A) Fail to declare, and be, out of the non-
exempt gillnet fishery as required by Sec. 648.82(j)(1)(ii), using the 
procedure specified in Sec. 648.82(h).
    (B) For any common pool or sector vessel, fail to comply with the 
gillnet requirements and restrictions specified in Sec. 648.82(j), 
unless otherwise exempted pursuant to Sec. 648.87.
    (C) If a vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(j)(1).
    (D) If a vessel has been issued a limited access Trip gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(j)(2).
    (v) Spawning blocks. Fail to declare, and be, out of the NE 
multispecies DAS program as required by Sec. 648.82(g), using the 
procedure described under Sec. 648.82(h), as applicable.
    (vi) DAS notification. (A) For purposes of DAS notification, if 
required, or electing, to have a VMS unit under Sec. 648.10:
    (1) Fail to have a certified, operational, and functioning VMS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times.
    (2) Fail to comply with the notification, replacement, or any other 
requirements regarding VMS usage specified in Sec. 648.10(b).
    (B) Fail to comply with any provision of the DAS notification 
program specified in Sec. 648.10.
    (vii) Charter/party vessels. Participate in the DAS program pursuant 
to Sec. 648.82 when carrying passengers for hire on board a vessel 
during any portion of a fishing trip.
    (10) Gear marking requirement for all persons. It is unlawful for 
any person, including any owner or operator of a vessel issued a valid 
NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to fail to comply with the gear-
marking requirements of Sec. 648.84.
    (11) U.S./Canada Resource Management Area--(i) Possession and 
landing restrictions of the U.S./Canada Area--(A) All Persons. (1) Fish 
for, harvest, possess or land any regulated NE multispecies from the 
areas specified in Sec. 648.85(a)(1), unless in compliance with the 
restrictions and conditions specified in Sec. 648.85(a)(3).
    (2) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), 
exceed the trip limits specified in Sec. 648.85(a)(3)(iv), unless 
further restricted under Sec. 648.85(b) or exempted under Sec. 648.87.
    (3) If fishing inside the Eastern U.S./Canada Area and in possession 
of fish in excess of what is allowed under more restrictive regulations 
that apply outside of the Eastern U.S./Canada Area, fish outside of the 
Eastern U.S./Canada Area on the same trip, as prohibited under Sec. 
648.85(a)(3)(ii)(A).
    (4) If fishing both outside and inside of the areas specified for a 
SAP under Sec. 648.85(b)(3) and (8), under a NE multispecies DAS in the 
Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to abide 
by the DAS and possession restrictions under Sec. 648.85(b)(8)(v)(A)(2) 
through (4).
    (B) Vessel and operator permit holders. Fail to comply with the GB 
yellowtail flounder trip limit specified under Sec. 
648.85(a)(3)(iv)(C).
    (ii) Gear requirements for all persons. If fishing with trawl gear 
under a NE multispecies DAS or on a sector trip in the Eastern U.S./
Canada Area defined in Sec. 648.85(a)(1)(ii), fail to fish with a 
haddock separator trawl, flounder trawl net, or Ruhle trawl, as 
specified in Sec. 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), unless using 
other gear authorized under Sec. 648.85(b)(6) or (8).
    (iii) Notification and VMS requirements for all persons. (A) Enter 
or fish in the Western U.S./Canada Area or Eastern

[[Page 630]]

U.S./Canada Area specified in Sec. 648.85(a)(1), unless declared into 
the area in accordance with Sec. 648.85(a)(3)(ii).
    (B) If declared into one of the areas specified in Sec. 
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec. 648.85(a)(3)(ii)(A) or (B).
    (C) If the vessel has been issued a limited access NE multispecies 
DAS permit, and is in the area specified in Sec. 648.85(a), fail to 
comply with the VMS requirements in Sec. 648.85(a)(3)(i).
    (D) If fishing under a NE multispecies DAS or on a sector trip in 
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), but 
not in a SAP specified in Sec. 648.85(b) on the same trip, fail to 
comply with the requirements specified in Sec. 648.85(a)(3).
    (E) Fail to notify NMFS via VMS prior to departing the Eastern U.S./
Canada Area, when fishing inside and outside of the area on the same 
trip, in accordance with Sec. 648.85(a)(3)(ii)(A)(1).
    (F) When fishing inside and outside of the Eastern U.S./Canada Area 
on the same trip, fail to abide by the most restrictive requirements 
that apply to any area fished, including the DAS counting, trip limits, 
and reporting requirements that apply, as described in Sec. 
648.85(a)(3)(ii)(A).
    (iv) Reporting requirements for all persons. (A) If fishing under a 
NE multispecies DAS or on a sector trip in the Western U.S./Canada Area 
or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to 
report in accordance with Sec. 648.85(a)(3)(v).
    (B) Fail to comply with the reporting requirements under Sec. 
648.85(a)(3)(ii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on one trip.
    (v) DAS--(A) All persons. If fishing under a NE multispecies DAS in 
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and in 
one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same trip, 
fail to comply with the no discard and DAS flip provisions specified in 
Sec. 648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum Category A DAS 
requirement specified in Sec. 648.85(b)(3)(xii) and (b)(8)(v)(J).
    (B) Vessel and operator permit holders. (1) [Reserved]
    (2) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to comply with the most restrictive 
regulations that apply on the trip as required by Sec. 
648.85(a)(3)(ii)(A).
    (vi) Closure of the U.S./Canada Area for all persons. If fishing 
under a NE multispecies DAS or on a sector trip, declare into, enter, or 
fish in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1) if 
the area is closed under the authority of the Regional Administrator as 
described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the 
Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec. 
648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified in 
Sec. 648.85(b)(8).
    (12) SAP restrictions (i) It is unlawful for any person to:
    (A) If declared into the areas specified in Sec. 648.85(b), enter 
or exit the declared areas more than once per trip.
    (B) If a vessel is fishing under a Category B DAS in the Closed Area 
II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the Regular 
B DAS Program specified in Sec. 648.85(b)(6), or the Eastern U.S./
Canada Haddock SAP specified in Sec. 648.85(b)(8), remove any fish 
caught with any gear, including dumping the contents of a net, except on 
board the vessel.
    (ii) General restrictions for vessel and operator permit holders. 
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic 
halibut while fishing under a SAP, as described in Sec. Sec. 
648.85(b)(3)(xi), 648.85(b)(7)(iv)(H), or 648.85(b)(8)(v)(I).
    (iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions 
for all persons. (A) If fishing under the Closed Area II Yellowtail 
Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated 
NE multispecies or ocean pout from the area specified in Sec. 
648.85(b)(3)(ii), unless in compliance with Sec. 648.85(b)(3)(i) 
through (xiii).
    (B) Enter or fish in Closed Area II as specified in Sec. 648.81(b), 
unless declared into the area in accordance with Sec. 648.85(b)(3)(v) 
or Sec. 648.85(b)(8)(v)(D).
    (C) Enter or fish in Closed Area II under the Closed Area II 
Yellowtail

[[Page 631]]

Flounder/Haddock SAP outside of the season specified in Sec. 
648.85(b)(3)(iii).
    (D) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP 
specified in Sec. 648.85(b)(3), exceed the number of trips specified in 
Sec. 648.85(b)(3)(vi) or (vii).
    (E) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP 
specified in Sec. 648.85(b)(3), exceed the trip limits specified in 
Sec. 648.85(b)(3)(viii).
    (F) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP 
specified in Sec. 648.85(b)(3), fail to comply with the gear 
requirements specified in Sec. 648.85(b)(3)(x).
    (iv) [Reserved]
    (v) Regular B DAS Program restrictions for vessel and operator 
permit holders. (A) If fishing in the Regular B DAS Program specified in 
Sec. 648.85(b)(6), fail to comply with Sec. Sec. 648.85(b)(6)(iv)(A) 
through (J).
    (B) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to use a haddock separator trawl as described in 
Sec. 648.85(a)(3)(iii)(A), or other approved gear as described in Sec. 
648.85(b)(6)(iv)(J).
    (C) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
    (D) Discard legal-sized NE regulated multispecies, ocean pout, 
Atlantic halibut, or monkfish while fishing under a Regular B DAS in the 
Regular B DAS Program, as described in Sec. 648.85(b)(6)(iv)(E).
    (E) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the landing limits specified in Sec. 
648.85(b)(6)(iv)(D).
    (F) If fishing under a Regular B DAS in the Regular B DAS Program, 
fail to comply with the DAS flip requirements of Sec. 
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more than 
the landing limit for a groundfish stock of concern specified in Sec. 
648.85(b)(6)(iv)(D), other groundfish specified under Sec. 648.86, or 
monkfish under Sec. 648.94.
    (G) DAS usage restrictions. (1) If fishing in the Regular B DAS 
Program, fail to comply with the restriction on DAS use specified in 
Sec. 648.82(d)(2)(i)(A).
    (2) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec. 
648.85(b)(6)(iv)(F).
    (3) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec. 648.85(b)(6), if the program has been closed as specified in Sec. 
648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
    (H) VMS requirements. (1) If fishing in the Regular B DAS Program 
specified in Sec. 648.85(b)(6), fail to comply with the VMS requirement 
specified in Sec. 648.85(b)(6)(iv)(A).
    (2) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the VMS declaration requirement 
specified in Sec. 648.85(b)(6)(iv)(C).
    (I) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the observer notification requirement 
specified in Sec. 648.85(b)(6)(iv)(B).
    (J) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the reporting requirements specified 
in Sec. 648.85(b)(6)(iv)(I).
    (vi) Closed Area I Hook Gear Haddock SAP restrictions for vessel and 
operator permit holders. (A) If fishing in the Closed Area I Hook Gear 
Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the 
applicable requirements and conditions specified in Sec. 
648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
    (B) Fish in the Closed Area I Hook Gear Haddock SAP specified in 
Sec. 648.85(b)(7) outside of the season specified in Sec. 
648.85(b)(7)(iii).
    (C) Fish in the Closed Area I Hook Gear Haddock Access Area 
specified in Sec. 648.85(b)(7)(ii), if that area is closed as specified 
in Sec. 648.85(b)(7)(iv)(I) or (b)(7)(vi)(F).
    (D) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable DAS use 
restrictions specified in Sec. 648.85(b)(7)(iv)(A) and (b)(7)(vi)(A).
    (E) VMS requirements. (1) If fishing in the Closed Area I Hook Gear 
Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the VMS 
requirements specified in Sec. 648.85(b)(7)(iv)(B).

[[Page 632]]

    (2) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the VMS declaration 
requirement specified in Sec. 648.85(b)(7)(iv)(D).
    (F) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the observer notification 
requirements specified in Sec. 648.85(b)(7)(iv)(C).
    (G) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable gear 
restrictions specified in Sec. 648.85(b)(7)(iv)(E), and (b)(7)(v)(A) or 
(b)(7)(vi)(B).
    (H) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable landing limits 
specified in Sec. 648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or 
(b)(7)(vi)(C).
    (I) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable reporting 
requirement specified in Sec. 648.85(b)(7)(v)(C) or (b)(7)(vi)(D).
    (vii) Eastern U.S./Canada Haddock SAP Restrictions--(A) All Persons. 
(1) If fishing under a NE multispecies DAS or on a sector trip in the 
Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), in the 
area specified in Sec. 648.85(b)(8)(ii), and during the season 
specified in Sec. 648.85(b)(8)(iv), fail to comply with Sec. 
648.85(b)(8)(v).
    (2) VMS and declaration requirements. (i) If fishing under a NE 
multispecies DAS or on a sector trip in the Eastern U.S./Canada Haddock 
SAP in the area specified in Sec. 648.85(b)(8)(ii), fail to comply with 
the VMS requirements in Sec. 648.85(b)(8)(v)(B).
    (ii) If fishing under a NE multispecies DAS or on a sector trip, 
fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 
648.85(b)(8), unless declared into the program in accordance with Sec. 
648.85(b)(8)(v)(D).
    (3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of 
the season specified in Sec. 648.85(b)(8)(iv).
    (4) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
    (5) Possession limits and restrictions. (i) If fishing under a NE 
multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the 
possession limits specified in Sec. 648.85(b)(8)(v)(F).
    (ii) If fishing under the Eastern U.S./Canada Haddock SAP, fish for, 
harvest, possess, or land any regulated NE multispecies from the area 
specified in Sec. 648.85(b)(8)(ii), unless in compliance with the 
restrictions and conditions of Sec. 648.85(b)(8)(v)(A) through (I).
    (6) If fishing in the Eastern U.S./Canada Haddock SAP specified in 
Sec. 648.85(b)(8), fail to comply with the reporting requirements of 
Sec. 648.85(b)(8)(v)(G).
    (7) If fishing under the Eastern U.S./Canada Haddock SAP specified 
in Sec. 648.85(b)(8), fail to comply with the observer notification 
requirements of Sec. 648.85(b)(8)(v)(C).
    (B) Vessel and operator permit holders. (1) If fishing in the 
Eastern U.S./Canada Haddock SAP Area, and other portions of the Eastern 
U.S./Canada Haddock SAP Area on the same trip, fail to comply with the 
restrictions in Sec. 648.85(b)(8)(v)(A).
    (2) DAS usage restrictions. (i) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a Category B DAS, fail to comply with the 
DAS flip requirements of Sec. 648.85(b)(8)(v)(I), if the vessel 
possesses more than the applicable landing limit specified in Sec. Sec. 
648.85(b)(8)(v)(F) or 648.86.
    (ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a 
Category B DAS, fail to have the minimum number of Category A DAS 
available as required by Sec. 648.85(b)(8)(v)(J).
    (3) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 
648.85(b)(8), if the SAP is closed as specified in Sec. 
648.85(b)(8)(v)(K) or (L).
    (13) Possession and landing restrictions. (i) It is unlawful for any 
person to:
    (A) Under Sec. 648.85 or Sec. 648.86, fail to offload a sufficient 
amount of regulated species or ocean pout subject to a daily possession 
limit at the end of a fishing trip, as required by Sec. 648.86(i).
    (B) Scallop vessels. Possess or land fish caught with nets of mesh 
smaller than the minimum size specified in Sec. 648.51, or with scallop 
dredge gear on a vessel not fishing under the scallop DAS program 
described in Sec. 648.54, or fishing under a general scallop permit,

[[Page 633]]

unless said fish are caught, possessed, or landed in accordance with 
Sec. Sec. 648.80 and 648.86, or unless the vessel has not been issued a 
Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (ii) Vessel and operator permit holders. (A) Land, or possess on 
board a vessel, more than the possession or landing limits specified in 
Sec. 648.86(a), (b), (c), (d), (e), (g), (h), (j), (k), (l), (n), and 
(o); or violate any of the other provisions of Sec. 648.86, unless 
otherwise specified in Sec. 648.17.
    (B) Possess or land per trip more than the possession or landing 
limits specified in Sec. 648.86(a), (b), (c), (e), (g), (h), (j), (l), 
(m), (n), and (o); Sec. 648.82(b)(5) and (6); Sec. 648.85; or Sec. 
648.88, if the vessel has been issued a limited access NE multispecies 
permit or open access NE multispecies permit, as applicable.
    (C) Fish for, possess at any time during a trip, or land regulated 
NE multispecies or ocean pout specified in Sec. 648.86 after using up 
the vessel's annual DAS allocation or when not participating in the DAS 
program pursuant to Sec. 648.82, unless otherwise exempted by Sec. 
648.82(b)(5), Sec. 648.87, or Sec. 648.89, or allowed pursuant to 
Sec. 648.85(b)(6) or Sec. 648.88.
    (D) Atlantic cod. (1) Enter port, while on a NE multispecies DAS 
trip, in possession of more than the allowable limit of cod specified in 
Sec. 648.86(b)(1), unless the vessel is fishing under the cod exemption 
specified in Sec. 648.86(b)(4).
    (2) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec. 648.86(b)(2).
    (3) [Reserved]
    (4) Fail to declare through VMS an intent to be exempt from the GOM 
cod trip limit under Sec. 648.86(b)(1), as required under Sec. 
648.86(b)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec. 648.86(b)(1).
    (E) Atlantic halibut. Possess or land per trip more than the 
possession or landing limit specified under Sec. 648.86(c).
    (F) White hake. Possess or land more white hake than allowed under 
Sec. 648.86(e).
    (G) Yellowtail flounder. While fishing in the areas specified in 
Sec. 648.86(g)(1) with a NE multispecies Handgear A permit, or under 
the NE multispecies DAS program, or under the limited access monkfish 
Category C or D permit provisions, possess yellowtail flounder in excess 
of the limits specified under Sec. 648.86(g)(1), unless fishing under 
the recreational or charter/party regulations, or transiting with gear 
stowed and not available for immediate use as defined in Sec. 648.2.
    (H) GB winter flounder. Possess or land more GB winter flounder than 
allowed under Sec. 648.86(j).
    (I) For common pool vessels, including vessels issued a limited 
access monkfish permit and fishing under the monkfish Category C or D 
permit provisions, land regulated species or ocean pout more than once 
within any 24-hr period.
    (J) For common pool vessels, including vessels issued a limited 
access monkfish permit and fishing under the monkfish Category C or D 
permit provisions, fail to comply with the most restrictive trip limits 
applicable when fishing in multiple areas, as specified in Sec. 648.85 
or Sec. 648.86.
    (14) Sector requirements. It is unlawful for any person, including 
any owner or operator of a vessel issued a valid Federal NE multispecies 
permit and fishing on a sector trip to do any of the following:
    (i) Fail to abide by the restrictions specified in Sec. 
648.87(b)(1).
    (ii) Catch regulated species or ocean pout in excess of ACE 
allocated or transferred to that sector pursuant to Sec. 
648.87(b)(1)(i) and (viii), respectively.
    (iii) Fish in a particular stock area, the Eastern U.S./Canada Area, 
or a SAP if the sector has not been allocated, does not acquire, or 
otherwise has insufficient ACE remaining/available for all stocks caught 
in that area, or fail to operate in a manner that would not catch stocks 
for which the sector has not been allocated ACE, as described in an 
approved sector operations plan pursuant to Sec. 648.87(b)(2)(xiv), as 
prohibited in Sec. 648.87(b)(1)(ii).
    (iv) Violate the provisions of an approved sector operations plan or 
letter of authorization issued by the Regional Administrator, as 
required by Sec. 648.87(b)(1)(iv) and (b)(2).

[[Page 634]]

    (v) Fail to remain in the sector for the remainder of the fishing 
year, as required by Sec. 648.87(b)(1).
    (vi) Unless otherwise required to use a NE multispecies DAS to 
participate in another fishery, fish in the NE multispecies DAS program 
in a given fishing year or, for common pool vessels, fish in an approved 
sector in a given fishing year.
    (vii) If a vessel is removed from a sector for violating the Sector 
rules, fish under the NE multispecies regulations for common pool 
vessels.
    (viii) Discard legal-sized regulated species or ocean pout allocated 
to sectors pursuant to Sec. 648.87(b)(1)(i), as prohibited by Sec. 
648.87(b)(1)(v).
    (ix) Fail to comply with the reporting requirements specified in 
Sec. 648.87(b)(1)(v) or (vi).
    (x) Leave port to begin a trip before an at-sea monitor has arrived 
and boarded the vessel or before electronic monitoring equipment has 
been properly installed if assigned to carry either an at-sea monitor or 
electronic monitoring equipment for that trip, as prohibited by Sec. 
648.87(b)(5)(iii)(A).
    (xi) Leave port to begin a trip if a vessel has failed a review of 
safety issues by an at-sea monitor and has not successfully resolved any 
identified safety deficiencies, as prohibited by Sec. 
648.87(b)(5)(iv)(A).
    (15) Open access permit restrictions--(i) All persons. (A) Violate 
any provision of the open access permit restrictions of Sec. 648.88.
    (B) Possess on board gear other than that specified in Sec. 
648.88(a)(2)(i), or fish with hooks greater than the number specified in 
Sec. 648.88(a)(2)(iii), if fishing under an open access Handgear 
permit.
    (C) Fish for, possess, or land regulated multispecies from March 1 
to March 20, if issued an open access Handgear permit.
    (ii) Vessel and operator permit holders--(A) Open access Handgear 
permit. It is unlawful for any person owning or operating a vessel 
issued an open access NE multispecies Handgear permit to do any of the 
following, unless otherwise specified in Sec. 648.17:
    (1) Violate any provision of the open access Handgear permit 
restrictions of Sec. 648.88(a).
    (2) Possess, at any time during a trip, or land per trip, more than 
the possession limit of NE multispecies specified in Sec. 648.88(a), 
unless the vessel is a charter or party vessel fishing under the 
charter/party restrictions specified in Sec. 648.89.
    (3) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel, or handline gear, or tub-trawls, 
while in possession of, or fishing for, NE multispecies.
    (4) Possess or land NE multispecies during the time period specified 
in Sec. 648.88(a)(2).
    (5) If operating under the provisions of a limited access NE 
multispecies Handgear B permit south of the GOM Regulated Mesh Area, as 
defined at Sec. 648.80(a)(1), fail to obtain or retain on board a 
letter of authorization from the Regional Administrator, as required by 
Sec. 648.88(a)(2)(iv).
    (B) Scallop multispecies possession limit permit. It is unlawful for 
any person owning or operating a vessel issued a scallop multispecies 
possession limit permit to possess or land more than the possession 
limit of NE multispecies specified in Sec. 648.88(c), or to possess or 
land regulated species when not fishing under a scallop DAS, unless 
otherwise specified in Sec. 648.17.
    (C) Open access NE multispecies (non-regulated species permit). It 
is unlawful for any owner or operator of a vessel issued a valid open 
access NE multispecies permit to possess or land any regulated species, 
as defined in Sec. 648.2, or to violate any applicable provisions of 
Sec. 648.88, unless otherwise specified in Sec. 648.14, Sec. 648.86, 
or Sec. 648.88.
    (16) Recreational and charter/party requirements. It is unlawful for 
the owner or operator of a charter or party boat issued a valid Federal 
NE multispecies permit, or for a recreational vessel, as applicable, 
unless otherwise specified in Sec. 648.17, to do any of the following 
if fishing under the recreational or charter/party regulations:
    (i) Possession and landing. Possess cod, haddock, or Atlantic 
halibut in excess of the possession limits specified in Sec. 648.89(c).
    (ii) Gear requirements. Fish with gear in violation of the 
restrictions of Sec. 648.89(a).

[[Page 635]]

    (iii) Seasonal and area restrictions. (A) Fail to comply with the 
applicable restrictions if transiting the GOM Regulated Mesh Area with 
cod on board that was caught outside the GOM Regulated Mesh Area.
    (B) Fail to comply with the requirements specified in Sec. 
648.81(f)(5)(v) when fishing in the areas described in Sec. 
648.81(d)(1), (e)(1), and (f)(4) during the time periods specified.
    (iv) Restriction on sale and transfer. Sell, trade, barter, or 
otherwise transfer; or attempt to sell, trade, barter or otherwise 
transfer; NE multispecies for a commercial purpose as specified in Sec. 
648.89(d).
    (v) Size limits. If fishing under the recreational or charter/party 
regulations, possess regulated species or ocean pout that are smaller 
than the minimum fish sizes specified in Sec. 648.89(b)(1) and (b)(3).
    (vi) Identification. If fishing under the recreational or charter/
party regulations, possess regulated species or ocean pout without at 
least 2 square inches (5.1 square cm) of contiguous skin that allows for 
the ready identification of the species of fish upon landing.
    (vii) Atlantic wolffish. If fishing under the recreational or 
charter/party regulations, possess Atlantic wolffish.
    (17) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 are deemed to have been taken or 
imported in violation of these regulations, unless the preponderance of 
all submitted evidence demonstrates that such fish were harvested by a 
vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted on 
deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 are deemed taken from the EEZ or 
imported in violation of these regulations, unless the preponderance of 
all submitted evidence demonstrates that such fish were harvested by a 
vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted on 
deck.
    (18) Trimester TAC AM--(i) Vessel and operator permit holders. (A) 
Fish for, harvest, possess, or land regulated species or ocean pout in 
or from the closed areas specified in Sec. 648.82(n)(2)(ii) once such 
areas are closed pursuant to Sec. 648.82(n)(2)(i).
    (B)-(D) [Reserved]
    (19) At-sea/electronic monitoring service providers. It is unlawful 
for any at-sea/electronic monitoring service provider, including 
individual at-sea monitors, to do any of the following:
    (i) Fail to comply with the operational requirements, including the 
recordkeeping and reporting requirements, specified in Sec. 
648.87(b)(5).
    (ii) Provide false or inaccurate information regarding area fished; 
species identification; or amount of each species kept, discarded, or 
landed.
    (20) AMs for both stocks of windowpane flounder, ocean pout, 
Atlantic halibut, Atlantic wolffish, and SNE/MA winter flounder. It is 
unlawful for any person, including any owner or operator of a vessel 
issued a valid Federal NE multispecies permit or letter under Sec. 
648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to fail to 
comply with the restrictions on fishing and gear specified in Sec. 
648.90(a)(5)(i)(D).
    (l) Small-mesh multispecies. (1) It is unlawful for any person 
owning or operating a vessel issued a valid Federal multispecies permit 
to land, offload, or otherwise transfer; or attempt to land, offload, or 
otherwise transfer; small-mesh multispecies from one vessel to another 
in excess of the limits specified in Sec. 648.13.
    (2) Presumptions. For purposes of this part, the following 
presumption applies: All small-mesh multispecies retained or possessed 
on a vessel issued any permit under Sec. 648.4 are deemed to have been 
harvested from the EEZ.
    (m) Monkfish. It is unlawful for any person owning or operating a 
vessel that engages in fishing for monkfish to do any of the following, 
unless otherwise fishing in accordance with, and exempted under, the 
provisions of Sec. 648.17:

[[Page 636]]

    (1) Permit requirement. (i) Fish for, possess, retain, or land 
monkfish, unless:
    (A) The monkfish are being fished for, or were harvested, in or from 
the EEZ by a vessel issued a valid monkfish permit under Sec. 
648.4(a)(9).
    (B) The vessel does not hold a valid Federal monkfish permit and 
fishes for or possesses monkfish exclusively in state waters.
    (C) The vessel does not hold a valid Federal monkfish permit and 
engages in recreational fishing.
    (D) The monkfish were harvested from the NAFO Regulatory Area in 
accordance with the provisions specified under Sec. 648.17.
    (ii) Fish for, possess, or land monkfish in or from the EEZ without 
having been issued and possessing a valid operator permit pursuant to 
Sec. 648.5, and this permit is onboard the vessel.
    (2) Gear requirements. (i) Fish with or use nets with mesh size 
smaller than the minimum mesh size specified in Sec. 648.91(c) while 
fishing under a monkfish DAS, except as authorized by Sec. 
648.91(c)(1)(iii).
    (ii) Fail to immediately produce gillnet tags when requested by an 
authorized officer.
    (iii) Tag a gillnet with, or otherwise use or possess, a gillnet tag 
that has been reported lost, missing, destroyed, or issued to another 
vessel, or use or possess a false gillnet tag.
    (iv) Sell, transfer, or give away gillnet tags.
    (v) If the vessel has been issued a valid limited access monkfish 
permit, and fishes under a monkfish DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.92(b)(8).
    (3) Area restrictions. (i) Fail to comply with the restrictions 
applicable to limited access Category G and H vessels specified under 
Sec. 648.92(b)(9).
    (ii) Fail to comply with the NFMA requirements specified at Sec. 
648.94(f).
    (4) DAS requirements. (i) Fail to comply with the monkfish DAS 
provisions specified at Sec. 648.92 when issued a valid limited access 
monkfish permit.
    (ii) Combine, transfer, or consolidate monkfish DAS allocations.
    (5) Size limits. Fail to comply with the monkfish size limit 
restrictions of Sec. 648.93 when issued a valid monkfish permit under 
Sec. 648.4(a)(9) or when fishing in the EEZ.
    (6) Possession and landing. (i) Fail to comply with the monkfish 
possession limits and landing restrictions, including liver landing 
restrictions, specified under Sec. 648.94.
    (ii) Violate any provision of the monkfish incidental catch permit 
restrictions as specified in Sec. Sec. 648.4(a)(9)(ii) or 648.94(c).
    (7) Transfer and sale. (i) Sell, barter, trade, or otherwise 
transfer for a commercial purpose; or attempt to sell, barter, trade, or 
otherwise transfer for a commercial purpose; any monkfish from a vessel 
without having been issued a valid monkfish vessel permit, unless the 
vessel fishes for monkfish exclusively in state waters, or exclusively 
in the NAFO Regulatory Area in accordance with the provisions specified 
under Sec. 648.17.
    (ii) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, monkfish in excess of the possession or trip limits 
specified in Sec. 648.94.
    (iii) Land, offload, or otherwise transfer; or attempt to land, 
offload, or otherwise transfer; monkfish from one vessel to another 
vessel, unless each vessel has not been issued a monkfish permit and 
fishes exclusively in state waters.
    (8) Presumption. For purposes of this part, the following 
presumption applies: All monkfish retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested 
from the EEZ, unless the preponderance of evidence demonstrates that 
such fish were harvested by a vessel that fished exclusively in the NAFO 
Regulatory Area, as authorized under Sec. 648.17.
    (n) Summer flounder--(1) All persons. Unless participating in a 
research activity as described in Sec. 648.22(g), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess summer flounder in or harvested from 
the EEZ, either in excess of the possession limit specified in Sec. 
648.106, or before or after the time period specified in Sec. 648.105, 
unless the vessel was issued a

[[Page 637]]

summer flounder moratorium permit and the moratorium permit is on board 
the vessel and has not been surrendered, revoked, or suspended.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose, other than solely for transport on land, summer 
flounder from the owner or operator of a vessel issued a summer flounder 
moratorium permit, unless in possession of a valid summer flounder 
dealer permit.
    (B) Purchase or otherwise receive for commercial purposes summer 
flounder caught by a vessel subject to the possession limit of Sec. 
648.106.
    (C) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state for the respective fishing year.
    (iii) Gear requirements. Possess nets or netting with mesh not 
meeting the minimum mesh requirement of Sec. 648.108 if the person 
possesses summer flounder harvested in or from the EEZ in excess of the 
threshold limit of Sec. 648.106(a).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.102(e), it is unlawful for 
any person owning or operating a vessel issued a summer flounder permit 
(including a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess 100 lb (45.4 kg) or more of 
summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or 
more of summer flounder between November 1 and April 30, unless the 
vessel meets the gear requirements or restrictions specified in Sec. 
648.108.
    (B) Possess summer flounder in other than a container specified in 
Sec. 648.106(d) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.108(a), unless the 
vessel is fishing pursuant to the exemptions specified in Sec. 
648.108(b).
    (C) Land summer flounder for sale in a state after the effective 
date of a notification in the Federal Register notifying permit holders 
that commercial quota is no longer available in that state.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any summer flounder, possessed 
or landed by a vessel not issued a summer flounder moratorium permit.
    (ii) Transfer and purchase. Sell or transfer to another person for a 
commercial purpose, other than solely for transport on land, any summer 
flounder, unless the transferee has a valid summer flounder dealer 
permit.
    (iii) Gear requirements. (A) Fish with or possess nets or netting 
that do not meet the minimum mesh requirement, or that are modified, 
obstructed or constricted, if subject to the minimum mesh requirement 
specified in Sec. 648.108, unless the nets or netting are stowed in 
accordance with Sec. 648.108(e).
    (B) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec. 648.108, 
unless the nets or netting are stowed in accordance with Sec. 
648.108(f).
    (C) Fish west or south, as appropriate, of the line specified in 
Sec. 648.108(b)(1) if exempted from the minimum mesh requirement 
specified in Sec. 648.108 by a summer flounder exemption permit.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.102(e), it is unlawful for the owner 
and operator of a party or charter boat issued a summer flounder permit 
(including a moratorium permit), when the boat is carrying passengers 
for hire or carrying more than three crew members if a charter boat or 
more than five members if a party boat, to:
    (i) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
commercially pursuant to a summer flounder moratorium permit.
    (ii) Possess summer flounder in excess of the possession limit 
established pursuant to Sec. 648.106.
    (iii) Fish for summer flounder other than during a season specified 
pursuant to Sec. 648.105.
    (iv) Sell or transfer summer flounder to another person for a 
commercial purpose.

[[Page 638]]

    (4) Presumption. For purposes of this part, the following 
presumption applies: All summer flounder retained or possessed on a 
vessel issued a permit under Sec. 648.4 are deemed to have been 
harvested in the EEZ.
    (o) Scup--(1) All persons. Unless participating in a research 
activity as described in Sec. 648.122(e), it is unlawful for any person 
to do any of the following:
    (i) Permit requirement. Fish for, catch, or retain for sale, barter, 
or trade scup in or from the EEZ north of 35 deg.15.3' N. lat. on board 
a party or charter boat without the vessel having been issued an 
applicable valid party or charter boat permit pursuant to Sec. 
648.4(a)(6), unless the vessel other than a party or charter vessel 
observes the possession limit restrictions and prohibition against sales 
specified in Sec. 648.125.
    (ii) Possession and landing. (A) Possess scup in or harvested from 
the EEZ north of 35 deg.15.3' N. lat. in an area closed, or before or 
after a season established pursuant to Sec. Sec. 648.124 and 648.127.
    (B) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.125.
    (C) Fish for, possess, or land scup harvested in or from the EEZ 
north of 35 deg.15.3' N. lat. for a commercial purpose after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (D) Fish for, catch, possess, or retain scup in or from the EEZ 
north of 35 deg.15.3' N. lat. in excess of the amount specified in Sec. 
648.125, unless the vessel complies with all of the gear restrictions in 
Sec. 648.125.
    (E) Fish for, catch, retain, or land scup in or from the EEZ north 
of 35 deg.15.3' N. lat. in excess of the limit established through the 
annual specification process and published in the Federal Register 
pursuant to Sec. 648.122(a).
    (iii) Minimum fish size. Possess, other than solely for transport on 
land, scup harvested in or from the EEZ north of 35 deg.15.3' N. lat. 
that do not meet the minimum fish size specified in Sec. 648.126.
    (iv) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose scup harvested from the EEZ north of 35 deg.15.3' N. 
lat., or from a vessel issued a scup moratorium permit after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (v) Gear requirements. Fail to comply with any of the gear 
restrictions specified in Sec. 648.125.
    (vi) Gear restricted areas. Fish for, catch, possess, retain, or 
land longfin squid, silver hake, or black sea bass in or from the areas 
and during the time periods described in Sec. 648.124(a) or (b) while 
in possession of any trawl nets or netting that do not meet the minimum 
mesh restrictions or that are obstructed or constricted as specified in 
Sec. Sec. 648.124 and 648.125(a), unless the nets or netting are stowed 
in accordance with Sec. 648.125(a)(5).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.122(e), it is unlawful for 
any person owning or operating a vessel issued a scup permit (including 
a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess scup in excess of the 
threshold amount specified in Sec. 648.125, unless the vessel meets the 
minimum mesh-size restrictions specified in Sec. 648.125.
    (B) Land scup for sale after the effective date of a notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (C) Possess scup in, or harvested from, the EEZ in an area closed 
by, or before or after a season established pursuant to Sec. 648.124.
    (ii) Transfer and purchase. (A) Sell or transfer to another person 
for a commercial purpose, other than solely for transport on land, any 
scup, unless the transferee has a dealer permit issued under Sec. 
648.6.
    (B) Transfer scup at sea, or attempt to transfer at sea to any 
vessel, any scup taken from the EEZ, unless in compliance with the 
provisions of Sec. 648.13(i).
    (3) Charter/party requirements. Unless participating in a research 
activity as described in Sec. 648.122(e), it is unlawful for the owner 
or operator of a party or charter boat issued a scup permit (including a 
moratorium permit), when the boat is carrying passengers for hire, or 
when carrying more than three crew members, if a charter boat, or

[[Page 639]]

more than five members, if a party boat to:
    (i) Carry passengers for hire, or carry more than three crew members 
for a charter boat, or five crew members for a party boat, while fishing 
for scup under the terms of a moratorium permit issued pursuant to Sec. 
648.4(a)(6).
    (ii) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.128.
    (iii) Fish for scup other than during a season established pursuant 
to Sec. 648.124.
    (iv) Sell scup or transfer scup to another person for a commercial 
purpose other than solely for transport on land.
    (v) Possess scup that do not meet the minimum fish size specified in 
Sec. 648.126(b).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All scup retained or possessed on a vessel issued a 
permit under Sec. 648.4 are deemed to have been harvested in the EEZ, 
north of 35 deg.15.3' N. lat., unless a preponderance of the evidence 
shows the fish were harvested by a vessel that fished exclusively in 
state waters.
    (p) Black sea bass--(1) All persons. Unless participating in a 
research activity as described in Sec. 648.142(d), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess black sea bass in or harvested from 
the EEZ north of 35 deg.15.3' N. lat., either in excess of the 
possession limit established pursuant to Sec. 648.145, or before or 
after the time period established pursuant to Sec. 648.146, unless the 
person is operating a vessel issued a moratorium permit under Sec. 
648.4 and the moratorium permit is on board the vessel.
    (ii) Possession and landing. Fish for, catch, possess, land, or 
retain black sea bass in or from the EEZ north of 35 deg.15.3' N. lat. 
(the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian border) 
in excess of the amount specified in Sec. 648.144(a)(1)(i), unless the 
vessel complies with all of the gear restrictions at Sec. 648.144(a).
    (iii) Transfer and purchase. Purchase or otherwise receive for 
commercial purposes, other than solely for transport on land, black sea 
bass landed for sale by a moratorium vessel in any state, or part 
thereof, north of 35 deg.15.3' N. lat., after the effective date of a 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass.
    (iv) Gear restriction. Fail to comply with any of the gear 
restrictions specified in Sec. 648.144.
    (v) Minimum fish size. Fish for, possess, land, or retain black sea 
bass in or from the EEZ that does not comply with the minimum fish size 
specified in Sec. 648.147.
    (vi) Special management zone. Fail to comply with any of the 
restrictions for special management zones specified in Sec. 648.148(b).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.142(d), it is unlawful for 
any person owning or operating a vessel issued a black sea bass permit 
(including a moratorium permit) to do any of the following:
    (i) Permit requirement. Sell or transfer to another person for a 
commercial purpose, other than solely for transport on land, any black 
sea bass from a vessel, unless the transferee has a valid black sea bass 
dealer permit.
    (ii) Possession and landing. (A) Land black sea bass for sale in any 
state, or part thereof, north of 35 deg.15.3' N. lat. after the 
effective date of a notification published in the Federal Register 
stating that the commercial annual quota has been harvested and the EEZ 
is closed to the harvest of black sea bass.
    (B) Possess, retain, or land black sea bass harvested in or from the 
EEZ in excess of the commercial possession limit established at Sec. 
648.140.
    (C) Land black sea bass for sale in any state south of North 
Carolina.
    (D) Possess black sea bass after the effective date of a 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass, unless the vessel has been issued a Southeast 
Region Snapper/Grouper Permit and fishes for and possess black sea bass 
south of 35 deg.15.3' N. lat.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.142(e), it is unlawful for the owner 
or operator of a party or

[[Page 640]]

charter boat issued a black sea bass permit (including a moratorium 
permit), when the boat is carrying passengers for hire or carrying more 
than three crew members, if a charter boat, or more than five members, 
if a party boat, to:
    (i) Fish for black sea bass under the terms of a moratorium permit 
issued pursuant to Sec. 648.4(a)(7).
    (ii) Possess, retain, or land black sea bass in excess of the 
possession limit established pursuant to Sec. 648.145.
    (iii) Fish for black sea bass other than during a time allowed 
pursuant to Sec. 648.146.
    (iv) Sell black sea bass or transfer black sea bass from a vessel to 
another person for a commercial purpose other than solely for transport 
on land.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All black sea bass retained or possessed on a 
vessel issued a permit under Sec. 648.4 are deemed to have been 
harvested in the EEZ, unless the vessel also has been issued a Southeast 
Region Snapper/Grouper permit and fishes for, retains, or possesses 
black sea bass south of 35 deg.15.3' N. lat.
    (q) Bluefish. Unless participating in a research activity as 
described in Sec. 648.162(g), it is unlawful for any person to do any 
of the following:
    (1) Permit requirement. Possess in or harvest from the EEZ, Atlantic 
bluefish, in excess of the daily possession limit found at Sec. 
648.164, unless the vessel is issued a valid Atlantic bluefish vessel 
permit under Sec. 648.4(a)(8)(i) and the permit is on board the vessel 
and has not been surrendered, revoked, or suspended.
    (2) Possession and landing. (i) Land bluefish for sale in a state 
after the effective date of a notification in the Federal Register 
pursuant to Sec. 648.163(b), that the commercial quota is no longer 
available in that state.
    (ii) Land bluefish for sale after the effective date of a 
notification in the Federal Register pursuant to Sec. 648.163(a), that 
the bluefish fishery is closed.
    (3) Transfer and purchase. (i) Sell, barter, trade or transfer; or 
attempt to sell, barter, trade or otherwise transfer; other than for 
transport, bluefish that were harvested in or from the EEZ, unless the 
vessel has been issued a valid bluefish permit under Sec. 
648.4(a)(8)(i).
    (ii) Purchase or otherwise receive for a commercial purpose bluefish 
harvested from the EEZ after the effective date of the notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (iii) Purchase or otherwise receive for a commercial purpose 
bluefish harvested by a Federally permitted vessel after the effective 
date of the notification published in the Federal Register stating that 
the commercial quota has been harvested.
    (4) Charter/party restrictions. Carry passengers for hire, or carry 
more than three crew members for a charter boat or five crew members for 
a party boat, while fishing commercially pursuant to a bluefish permit 
issued under Sec. 648.4(a)(8).
    (5) Presumption. For purposes of this part, the following 
presumption applies: All bluefish possessed on board a party or charter 
vessel issued a permit under Sec. 648.4(a)(8)(ii) are deemed to have 
been harvested from the EEZ.
    (r) Atlantic herring--(1) All persons. It is unlawful for any person 
to do any of the following:
    (i) Permit requirement. Operate, or act as an operator of, a vessel 
with an Atlantic herring permit, or a vessel fishing for or possessing 
herring in or from the EEZ, unless the operator has been issued, and is 
in possession of, a valid operator permit.
    (ii) Possession and landing. (A) Fish for, possess, retain or land 
herring, unless:
    (1) The herring are being fished for, or were harvested in or from, 
the EEZ by a vessel holding a valid herring permit under this part and 
the operator on board such vessel possesses a valid operator permit that 
is on board the vessel.
    (2) The herring were harvested by a vessel not issued a herring 
permit that fished exclusively in state waters.
    (3) The herring were harvested in or from the EEZ by a vessel 
engaged in recreational fishing.
    (4) The herring were possessed for personal use as bait.
    (5) Unless otherwise specified in Sec. 648.17.

[[Page 641]]

    (B) Fish for, possess, transfer, receive, or sell; or attempt to 
fish for, possess, transfer, receive, or sell; more than 2,000 lb (907.2 
kg) of herring per trip; or land, or attempt to land more than 2,000 lb 
(907.2 kg) of herring per day in or from a management area closed 
pursuant to Sec. 648.201(a), or from a river herring and shad catch cap 
closure area that has been closed to specified gear pursuant to Sec. 
648.201(a)(4)(ii), if the vessel has been issued and holds a valid 
herring permit.
    (C) Possess or land more herring than is allowed by the vessel's 
Atlantic herring permit or the most restrictive herring possession limit 
associated with the permits issued to vessels working cooperatively, 
including vessels pair trawling, purse seining, or transferring herring 
at-sea.
    (iii) Processing requirements. (A) Process herring that was caught 
in or from the EEZ by a U.S. vessel that exceeds the size limits 
specified in Sec. 648.4(a)(10)(iii), in excess of the specification of 
USAP.
    (B) Discard herring carcasses at sea after removing the roe, if a 
Federally permitted vessel; or in the EEZ, if not a Federally permitted 
vessel.
    (C) Catch, take, or harvest herring for roe, at sea, if a Federally 
permitted vessel; or if not Federally permitted, in or from the EEZ in 
excess of any limit established by Sec. 648.206(b)(24).
    (iv) Transfer and purchase. (A) Purchase, possess, receive; or 
attempt to purchase, possess, or receive; as a dealer, or in the 
capacity of a dealer, herring harvested in or from the EEZ, without 
having been issued, and in possession of, a valid herring dealer permit.
    (B) Purchase, possess, receive; or attempt to purchase, possess, or 
receive; as a processor, or in the capacity of a processor, herring from 
a fishing vessel with a herring permit or from a dealer with a herring 
dealer permit, without having been issued, and in possession of, a valid 
herring processor permit.
    (C) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer; for a commercial purpose, any 
herring, unless the harvesting vessel has been issued a herring permit, 
or unless the herring were harvested by a vessel without a Federal 
herring permit that fished exclusively in state waters.
    (D) Purchase, possess, or receive, for a commercial purpose; or 
attempt to purchase, possess, or receive, for a commercial purpose; 
herring caught by a vessel without a herring permit, unless the herring 
was harvested by a vessel without a Federal herring permit that fished 
exclusively in state waters.
    (E) Transfer, or attempt to transfer, herring to a Canadian 
transshipment vessel that is permitted in accordance with Public Law 
104-297, if the amount of herring transshipped exceeds the amount of the 
border transfer specified in Sec. 648.200.
    (v) Gear and vessel requirements. (A) If fishing with midwater trawl 
or purse seine gear, fail to comply with the requirements of Sec. 
648.80(d) and (e).
    (B) Catch, take, or harvest Atlantic herring in or from the EEZ with 
a U.S. vessel that exceeds the size limits specified in Sec. 
648.4(a)(10)(iii).
    (vi) Area requirements. (A) For the purposes of observer deployment, 
fail to notify NMFS at least 72 hr prior to departing on a declared 
herring trip with a vessel issued an All Areas Limited Access Herring 
Permit and/or an Area 2 and 3 Limited Access Herring Permit and fishing 
with midwater trawl or purse seine gear, or on a trip with a vessel 
issued a Limited Access Incidental Catch Herring Permit and/or an Open 
Access Herring Permit that is fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and 
(3), pursuant to the requirements in Sec. 648.80(d) and (e).
    (B) Possess, land, transfer, receive, sell, purchase, trade, or 
barter; or attempt to transfer, receive, sell, purchase, trade, or 
barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per trip 
taken from the Herring GOM Haddock Accountability Measure Area and/or 
the Herring GB Haddock Accountability Measure Area, defined in Sec. 
648.86(a)(3)(ii)(A)(1), by a vessel issued an Atlantic herring permit 
and that fished with midwater trawl gear, after the haddock cap for the 
area(s) has been reached pursuant to Sec. 648.86(a)(3), unless all 
herring possessed or landed by the vessel was

[[Page 642]]

caught outside the applicable Accountability Measure Area(s).
    (C) Transit the Herring GOM Haddock Accountability Measure Area and/
or the Herring GB Haddock Accountability Measure Area, defined in Sec. 
648.86(a)(3)(ii)(A)(1), with a vessel issued an Atlantic herring permit 
and that fished with midwater trawl gear, when the 2,000-lb (907.2 kg) 
limit specified in Sec. 648.86(a)(3)(ii)(A)(1) is in place for the area 
being transited, in possession of more than 2,000 lb (907.2 kg) of 
herring, unless all herring on board was caught outside of the 
applicable Herring GOM Haddock Accountability Measure Area and/or the 
Herring GB Haddock Accountability Measure Area, and all fishing gear is 
stowed and not available for immediate use, as defined in Sec. 648.2.
    (D) Fish for herring in Area 1A from June 1 through September 30 
with midwater trawl gear.
    (E) Possess or land haddock taken from the Herring GOM Haddock 
Accountability Measure Area and/or the Herring GB Haddock Accountability 
Measure Area, defined in Sec. 648.86(a)(3)(ii)(A)(1), by a vessel 
issued an Atlantic herring permit and that fished with midwater trawl 
gear, after the haddock cap for the area(s) has been reached pursuant to 
Sec. 648.86(a)(3), unless all haddock possessed or landed by the vessel 
was caught outside the applicable Accountability Measure Area(s).
    (F) Transit the Herring GOM Haddock Accountability Measure Area and/
or the Herring GB Haddock Accountability Measure Area, defined in Sec. 
648.86(a)(3)(ii)(A)(1), with a vessel issued an Atlantic herring permit 
and that fished with midwater trawl gear, when the 0-lb (0-kg) haddock 
possession limit in Sec. 648.86(a)(3)(ii)(A)(1) is in place for the 
area being transited, in possession of haddock, unless all haddock on 
board was caught outside of the applicable Herring GOM Haddock 
Accountability Measure Area and/or the Herring GB Haddock Accountability 
Measure Area, and all fishing gear is stowed and not available for 
immediate use, as defined in Sec. 648.2.
    (G) Fish for, possess, or retain herring in any management area 
during a season that has zero percent of the herring sub-ACL allocated 
as specified in Sec. 648.201(d).
    (vii) Transit and transport. (A) Transit or be in an area closed to 
fishing for Atlantic herring pursuant to Sec. 648.201(a) with more than 
2,000 lb (907.2 kg) of herring, unless all fishing gear is not available 
for immediate use as defined in Sec. 648.2.
    (B) Receive Atlantic herring at sea in or from the EEZ, solely for 
transport, without an Atlantic herring carrier letter of authorization 
from the Regional Administrator or having declared an Atlantic herring 
carrier trip via VMS consistent with the requirements at Sec. 
648.4(a)(10)(ii).
    (C) Fail to comply with a letter of authorization from the Regional 
Administrator.
    (D) Transit Area 1A from June 1 through September 30 with more than 
2,000 lb (907.2 kg) of herring without mid-water trawl gear properly 
stowed and not available for immediate use as defined in Sec. 648.2.
    (E) Discard haddock at sea that has been brought on deck, or pumped 
into the hold, of a vessel issued an All Areas Limited Access Herring 
Permit and/or an Areas 2 and 3 Limited Access Herring Permit fishing on 
a declared herring trip, regardless of gear or area fished, or on a trip 
with a vessel issued a Limited Access Incidental Catch Herring Permit 
and/or an Open Access Herring Permit fishing with midwater trawl gear, 
pursuant to the requirements in Sec. 648.80(d) and (e).
    (F) Transit or be in an area that has zero percent sub-ACL available 
for harvest specified at Sec. 648.201(d) with herring on board, unless 
such herring were caught in an area or areas with an available sub-ACL 
specified at Sec. 648.201(d), all fishing gear is stowed and not 
available for immediate use as defined in Sec. 648.2, and the vessel is 
issued a vessel permit that authorizes the amount of herring on board 
for the area where the herring was harvested.
    (viii) VMS requirements. (A) Catch, take, or harvest Atlantic 
herring in or from the EEZ, if a limited access herring vessel, unless 
equipped with an operable VMS unit.
    (B) Fail to notify the NMFS Office of Law Enforcement of the time 
and date of landing via VMS at least 6 hr prior

[[Page 643]]

to landing herring at the end of a declared herring trip, if a vessel 
has an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 
Limited Access Herring Permit and is fishing with either midwater trawl 
or purse seine gear, or a Limited Access Incidental Catch Herring Permit 
and is fishing with midwater trawl gear in Management Areas 1A, 1B, and/
or 3, as defined in Sec. 648.200(f)(1) and (3).
    (C) Fail to declare via VMS into the herring fishery by entering the 
appropriate herring fishery code and appropriate gear code prior to 
leaving port at the start of each trip to harvest, possess, or land 
herring, if a vessel has been issued a Limited Access Herring Permit or 
issued an Areas 2/3 Open Access Herring Permit or is intending to act as 
an Atlantic herring carrier.
    (D) Fail to notify NMFS Office of Law Enforcement through VMS of the 
time and place of offloading at least 6 hr prior to landing or, if 
fishing ends less than 6 hours before landing, as soon as the vessel 
stops catching fish, if a vessel has been issued a Limited Access 
Herring Permit or issued an Areas 2/3 Open Access Herring Permit or has 
declared an Atlantic herring carrier trip via VMS.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel holding a valid Federal Atlantic 
herring permit, or issued an operator's permit, to do any of the 
following:
    (i) Sell, purchase, receive, trade, barter, or transfer haddock or 
other regulated NE. multispecies (cod, witch flounder, plaice, 
yellowtail flounder, pollock, winter flounder, windowpane flounder, 
redfish, white hake, and Atlantic wolffish); or attempt to sell, 
purchase, receive, trade, barter, or transfer haddock or other regulated 
NE. multispecies for human consumption; if the regulated NE. 
multispecies are landed by a vessel issued an All Areas Limited Access 
Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit 
fishing on a declared herring trip, regardless of gear or area fished, 
or by a vessel issued a Limited Access Incidental Catch Herring Permit 
and/or an Open Access Herring Permit fishing with midwater trawl gear 
pursuant to Sec. 648.80(d).
    (ii) Fail to comply with requirements for herring processors/dealers 
that handle individual fish to separate out, and retain, for at least 12 
hr, all haddock offloaded from a vessel issued an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit that fished on a declared herring trip regardless of gear or area 
fished, or by a vessel issued a Limited Access Incidental Catch Herring 
Permit and/or an Open Access Herring Permit that fished with midwater 
trawl gear pursuant to Sec. 648.80(d).
    (iii) Sell, purchase, receive, trade, barter, or transfer; or 
attempt to sell, purchase, receive, trade, barter, or transfer; to 
another person, any haddock or other regulated NE. multispecies (cod, 
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, white hake, and Atlantic wolffish) 
separated out from a herring catch offloaded from a vessel issued an All 
Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit that fished on a declared herring trip regardless 
of gear or area fished, or by a vessel issued a Limited Access 
Incidental Catch Herring Permit and/or an Open Access Herring Permit 
that fished with midwater trawl gear pursuant to Sec. 648.80(d).
    (iv) While operating as an at-sea herring processor, fail to comply 
with requirements to separate out and retain all haddock offloaded from 
a vessel issued an All Areas Limited Access Herring Permit and/or an 
Areas 2 and 3 Limited Access Herring Permit that fished on a declared 
herring trip regardless of gear or area fished, or by a vessel issued a 
Limited Access Incidental Catch Herring Permit and/or an Open Access 
Herring Permit that fished with midwater trawl gear pursuant to Sec. 
648.80(d).
    (v) Fish with midwater trawl gear in any Northeast Multispecies 
Closed Area, as defined in Sec. 648.81(a) through (e), without a NMFS-
approved observer on board, if the vessel has been issued an Atlantic 
herring permit.
    (vi) Slip or operationally discard catch, as defined at Sec. 648.2, 
unless for one of the reasons specified at Sec. 648.202(b)(2), if 
fishing any part of a tow inside the Northeast Multispecies

[[Page 644]]

Closed Areas, as defined at Sec. 648.81(a) through (e).
    (vii) Fail to immediately leave the Northeast Multispecies Closed 
Areas or comply with reporting requirements after slipping catch or 
operationally discarding catch, as required by Sec. 648.202(b)(4).
    (viii) Slip catch, as defined at Sec. 648.2, unless for one the 
reasons specified at Sec. 648.11(m)(4)(i).
    (ix) For vessels with All Areas or Areas 2/3 Limited Access Herring 
Permits, fail to move 15 nm (27.78 km), as required by Sec. 
648.11(m)(4)(iv) and Sec. 648.202(b)(4)(iv).
    (x) For vessels with All Areas or Areas 2/3 Limited Access Herring 
Permits, fail to immediately return to port, as required by Sec. 
648.11(m)(4)(v) and Sec. 648.202(b)(4)(iv).
    (xi) Fail to complete, sign, and submit a Released Catch Affidavit 
as required by Sec. 648.11(m)(4)(iii) and Sec. 648.202(b)(4)(ii).
    (xii) Fail to report or fail to accurately report a slippage event 
on the Atlantic herring daily VMS catch report, as required by Sec. 
648.11(m)(4)(iii) and Sec. 648.202(b)(4)(iii).
    (3) Presumption. For purposes of this part, the following 
presumption applies: All Atlantic herring retained or possessed on a 
vessel issued any permit under Sec. 648.4 are deemed to have been 
harvested from the EEZ, unless the preponderance of all submitted 
evidence demonstrates that such Atlantic herring were harvested by a 
vessel fishing exclusively in state waters.
    (s) Spiny dogfish--(1) All persons. It is unlawful for any person to 
do any of the following:
    (i) Permit requirement. Purchase or otherwise receive, other than 
solely for transport on land, spiny dogfish from any person on board a 
vessel issued a Federal spiny dogfish permit, unless the purchaser/
receiver is in possession of a valid spiny dogfish dealer permit.
    (ii) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose spiny dogfish landed by a Federally permitted vessel 
in any state, from Maine to Florida, after the EEZ is closed to the 
harvest of spiny dogfish.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel issued a valid Federal spiny dogfish 
permit or issued a valid Federal operator's permit to do any of the 
following:
    (i) Permit requirement. Sell, barter, trade or transfer; or attempt 
to sell, barter, trade or otherwise transfer; other than solely for 
transport on land, spiny dogfish, unless the dealer, transferor, or 
transferee has a valid dealer permit issued under Sec. 648.6(a).
    (ii) Possession and landing. (A) Fish for or possess spiny dogfish 
harvested in or from the EEZ after the EEZ is closed to the harvest of 
spiny dogfish.
    (B) Land spiny dogfish for a commercial purpose after the EEZ is 
closed to the harvest of spiny dogfish.
    (C) Possess more than the daily possession limit of spiny dogfish 
specified in Sec. 648.235.
    (iii) Prohibition on finning. Violate any of the provisions in 
Sec. Sec. 600.1203 and 600.1204 applicable to the dogfish fishery that 
prohibit finning.
    (t) Red crab. It is unlawful for any person to do any of the 
following:
    (1) Permit requirement. Fish for, catch, possess, transport, land, 
sell, trade, or barter; or attempt to fish for, catch, possess, 
transport, land, sell, trade, or barter; any red crab or red crab parts 
in or from the EEZ portion of the Red Crab Management Unit, unless in 
possession of a valid Federal limited access red crab vessel permit or 
Federal red crab incidental catch permit.
    (2) Possession and landing. (i) Fish for, catch, possess, transport, 
land, sell, trade, or barter; or attempt to fish for, catch, possess, 
transport, land, sell, trade, or barter; red crab in excess of the 
limits specified in Sec. 648.263.
    (ii) Restriction on female red crabs. Fish for, catch, possess, 
transport, land, sell, trade, or barter; or attempt to fish for, catch, 
possess, transport, land, sell, trade, or barter; female red crabs in 
excess of one standard U.S. fish tote.
    (iii) Fish for, possess, or land red crab, in excess of the 
incidental limit specified at Sec. 648.263(b)(1), after determination 
that the TAL has been reached and notice of the closure date has been 
made.
    (3) Transfer and purchase. (i) Transfer at sea, or attempt to 
transfer at sea, either directly or indirectly, any red crab or red crab 
parts taken in or from

[[Page 645]]

the EEZ portion of the red crab management unit to any vessel.
    (ii) Purchase, possess, or receive; or attempt to purchase, possess, 
or receive; more than 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight in accordance with the conversion provisions in 
Sec. 648.263(a)(2), caught or possessed in the EEZ portion of the red 
crab management unit by a vessel without a valid Federal limited access 
red crab permit.
    (iii) Purchase, possess, or receive; or attempt to purchase, 
possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight in accordance with the conversion provisions in 
Sec. 648.263(a)(2), caught in the EEZ portion of the Red Crab 
Management Unit by a vessel that has not been issued a valid limited 
access red crab permit or red crab incidental catch permit under this 
subpart.
    (iv) Purchase or otherwise receive for a commercial purpose in 
excess of the incidental limit specified at Sec. 648.263(b)(1), after 
determination that the TAL has been reached and notice of the closure 
date has been made.
    (4) Prohibitions on processing and mutilation. (i) Retain, possess, 
or land red crab claws and legs separate from crab bodies in excess of 
one standard U.S. fish tote, if fishing on a red crab trip with a valid 
Federal limited access red crab permit.
    (ii) Retain, possess, or land any red crab claws and legs separate 
from crab bodies if the vessel has not been issued a valid Federal 
limited access red crab permit or has been issued a valid Federal 
limited access red crab permit, but is not fishing on a dedicated red 
crab trip.
    (iii) Retain, possess, or land more than two claws and eight legs 
per crab if the vessel has been issued a valid Federal red crab 
incidental catch permit, or has been issued a valid Federal limited 
access red crab permit and is not fishing on a dedicated red crab trip.
    (iv) Possess or land red crabs that have been fully processed at 
sea, i.e., engage in any activity that removes meat from any part of a 
red crab, unless a preponderance of available evidence shows that the 
vessel fished exclusively in state waters and was not issued a valid 
Federal permit.
    (5) Gear requirements. Fail to comply with any gear requirements or 
restrictions specified at Sec. 648.264.
    (6) Presumption. For purposes of this part, the following 
presumption applies: All red crab retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested in 
or from the Red Crab Management Unit, unless the preponderance of all 
submitted evidence demonstrates that such red crab were harvested by a 
vessel fishing exclusively outside of the Red Crab Management Unit or in 
state waters.
    (u) Golden tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate, or act as an 
operator of, a vessel with a tilefish permit, or a vessel fishing for or 
possessing tilefish in or from the Tilefish Management Unit, unless the 
operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Dealer permit. Purchase, possess, receive for a commercial 
purpose; or attempt to purchase, possess, or receive for a commercial 
purpose; as a dealer, or in the capacity of a dealer, tilefish that were 
harvested in or from the Tilefish Management Unit, without having been 
issued, and in possession of, a valid tilefish dealer permit.
    (iii) Vessel permit. Sell, barter, trade, or otherwise transfer from 
a vessel; or attempt to sell, barter, trade, or otherwise transfer from 
a vessel; for a commercial purpose, other than solely for transport on 
land, any tilefish, unless the vessel has been issued a tilefish permit, 
or unless the tilefish were harvested by a vessel without a tilefish 
permit that fished exclusively in State waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
tilefish, unless:
    (A) The tilefish are being fished for or were harvested in or from 
the Tilefish Management Unit by a vessel holding a valid tilefish permit 
under this part, and the operator on board such vessel has been issued 
an operator permit that is on board the vessel.
    (B) The tilefish were harvested by a vessel that has not been issued 
a tilefish permit and that was fishing exclusively in State waters.

[[Page 646]]

    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by a vessel, other than a Party/Charter vessel, that is engaged in 
recreational fishing.
    (ii) Land or possess tilefish harvested in or from the Tilefish 
Management Unit, in excess of the trip limit pursuant to Sec. 648.295, 
without a valid tilefish IFQ Allocation permit, as specified in Sec. 
648.294(a).
    (iii) Land tilefish harvested in or from the Tilefish Management 
Unit in excess of that authorized under a tilefish IFQ Allocation permit 
as described at Sec. 648.294(a).
    (iv) Operate a vessel that takes recreational fishermen for hire to 
fish for tilefish in the Tilefish Management Unit without a valid 
tilefish Charter/Party permit, as required in Sec. 648.4(a)(12)(i).
    (v) Fish for tilefish inside and outside of the Tilefish Management 
Unit on the same trip.
    (vi) Discard tilefish harvested in or from the Tilefish Management 
Unit, as defined in Sec. 648.2, unless participating in recreational 
fishing, as defined in Sec. 648.2, or while fishing subject to a trip 
limit pursuant to Sec. 648.294(d)(3) or Sec. 648.295.
    (vii) Land or possess tilefish in or from the Tilefish Management 
Unit, on a vessel issued a valid tilefish permit under this part, after 
the incidental fishery is closed pursuant to Sec. 648.245(b), unless 
fishing under a valid tilefish IFQ allocation permit as specified in 
Sec. 648.249(a), or engaged in recreational fishing.
    (3) Transfer and purchase. (i) Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; tilefish caught by a vessel without a 
tilefish permit, unless the tilefish were harvested by a vessel without 
a tilefish permit that fished exclusively in State waters.
    (ii) Purchase or otherwise receive for commercial purposes tilefish 
caught in the EEZ from outside the Tilefish Management Unit unless 
otherwise permitted under 50 CFR part 622.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All tilefish retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested in 
or from the Tilefish Management Unit, unless the preponderance of all 
submitted evidence demonstrates that such tilefish were harvested by a 
vessel fishing exclusively in State waters.
    (v) Skates--(1) All persons. It is unlawful for any person to fish 
for, possess, transport, sell or land skates in or from the EEZ portion 
of the skate management unit, unless:
    (i) Onboard a vessel that possesses a valid skate vessel permit.
    (ii) Onboard a federally permitted lobster vessel (i.e., transfer at 
sea recipient) while in possession of only whole skates as bait that are 
less than the maximum size specified at Sec. 648.322(c).
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the skate management unit specified at Sec. 
648.2.
    (ii) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec. 648.80(a)(1)(i).
    (3) Skate permitted vessel requirements. It is unlawful for any 
owner or operator of a vessel holding a valid Federal skate permit to do 
any of the following:
    (i) Skate wings. Fail to comply with the conditions of the skate 
wing possession and landing limits specified at Sec. 648.322(b), unless 
holding a valid letter of authorization to fish for and land skates as 
bait at Sec. 648.322(c).
    (ii) Possession and transfer. (A) Transfer at sea, or attempt to 
transfer at sea, to any vessel, any skates unless in compliance with the 
provisions of Sec. Sec. 648.13(h) and 648.322(c).
    (B) Purchase, possess, trade, barter, or receive; or attempt to 
purchase, possess, trade, barter, or receive; skates caught in the EEZ 
portion of the skate management unit by a vessel that has not been 
issued a valid Federal skate permit under this part.

[[Page 647]]

    (C) Fish for, catch, possess, transport, land, sell, trade, or 
barter; or attempt to fish for, catch, possess, transport, land, sell, 
trade, or barter; whole skates and skate wings in excess of the 
possession limits specified at Sec. 648.322.
    (iii) DAS notification and skate wing possession. Fail to comply 
with the provisions of the DAS notification program specified in 
Sec. Sec. 648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE 
multispecies, and monkfish fisheries, respectively; when issued a valid 
skate permit and fishing under the skate wing possession limits at Sec. 
648.322.
    (iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to 
comply with the restrictions under the SNE Trawl and Gillnet Exemption 
areas for the NE skate fisheries at Sec. Sec. 648.80(b)(5)(i)(B) and 
648.80(b)(6)(i)(B).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All skates retained or possessed on a vessel are 
deemed to have been harvested in or from the Skate Management Unit, 
unless the preponderance of evidence demonstrates that such skates were 
harvested by a vessel, that has not been issued a Federal skate permit, 
fishing exclusively outside of the EEZ portion of the skate management 
unit or only in state waters.
    (w) Blueline tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate a vessel with 
a tilefish permit to fish for or possess blueline tilefish in or from 
the EEZ portion of the area defined at Sec. 648.298(a), unless the 
operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Vessel permit. Fish for, catch, possess, transport, land, sell, 
trade, or barter any blueline tilefish for a commercial purpose, other 
than solely for transport on land, unless the vessel has been issued a 
tilefish permit, or unless the blueline tilefish were harvested by a 
vessel without a tilefish permit that fished exclusively in State 
waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
blueline tilefish, unless:
    (A) The blueline tilefish are being fished for or were harvested in 
or from the EEZ portion of the area defined at Sec. 648.298(a) by a 
vessel holding a valid tilefish permit under this part, and the operator 
on board such vessel has been issued an operator permit that is on board 
the vessel.
    (B) The blueline tilefish were harvested by a vessel that has not 
been issued a tilefish permit and that was fishing exclusively in State 
waters.
    (C) The blueline tilefish are being fished for or were harvested in 
or from the EEZ portion of the area defined at Sec. 648.298(a) in 
accordance with the possession limits specified at Sec. 648.298(b) or 
(c).
    (ii) [Reserved]
    (3) Fish for or possess blueline tilefish inside and outside of the 
EEZ portion of the area defined at Sec. 648.298(a) on the same trip.
    (4) Transfer and purchase. (i) Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; blueline tilefish caught by a vessel 
without a tilefish permit, unless the blueline tilefish were harvested 
by a vessel without a tilefish permit that fished exclusively in State 
waters.
    (ii) [Reserved]
    (5) Presumption. For purposes of this part, the following 
presumption applies: All blueline tilefish retained or possessed on a 
vessel issued any permit under Sec. 648.4 are deemed to have been 
harvested in or from the EEZ portion of the area defined at Sec. 
648.298(a), unless the preponderance of all submitted evidence 
demonstrates that such tilefish were harvested by a vessel fishing 
exclusively in State waters.

[74 FR 20535, May 4, 2009]

    Editorial Note: For Federal Register citations affecting Sec. 
648.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 81 FR 39594, June 17, 2016, Sec. 648.14 was 
amended by adding paragraph (w), effective June 17, 2016 through Dec. 
14, 2016.



Sec. 648.15  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.

[[Page 648]]

    (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 Sec. 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 Sec. 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 Sec. 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 
information prior to departure of his/her vessel from the dock to fish 
for surfclams or ocean quahogs in the EEZ: Name of the vessel; NMFS 
permit number assigned to the vessel; expected date and time of 
departure from port; whether the trip will be directed on surfclams or 
ocean quahogs; expected date, time, and location of landing; and name of 
individual providing notice. If use of a telephone call-in notification 
is authorized or required, the Regional Administrator shall notify 
affected permit holders through a letter, notification in the Federal 
Register, e-mail, or other appropriate means.
    (c) Radio hails. Permit holders, while underway, must be alert for 
communication conveying enforcement instructions and immediately answer 
via VHF-FM radio, channel 16 when hailed by an authorized officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are exempt 
from this requirement.
    (d) Retention of haddock by herring dealers and processors. (1) 
Federally permitted herring dealers and processors, including at-sea 
processors, that cull or separate out from the herring catch all fish 
other than herring in the course of normal operations, must separate out 
and retain all haddock offloaded from a vessel issued an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit that fished on a declared herring trip regardless of gear 
or area fished, or by a vessel issued a Limited Access Incidental Catch 
Herring Permit and/or an Open Access Herring Permit that fished with 
midwater trawl gear pursuant to Sec. 648.80(d). Such haddock may not be 
sold, purchased, received, traded, bartered, or transferred, and must be 
retained, after they have been separated, for at least 12 hr for dealers 
and processors on land, and for 12 hr after landing by at-sea 
processors. The dealer or processor, including at-sea processors, must 
clearly indicate the vessel that landed the retained haddock or 
transferred the retained haddock to an at-sea processor. Authorized 
officers must be given access to inspect the haddock.
    (2) All haddock separated out and retained is subject to reporting 
requirements specified at Sec. 648.7.
    (e) Retention of haddock by herring vessels using midwater trawl 
gear. A vessel issued an All Areas Limited Access Herring Permit and/or 
an Areas 2 and 3 Limited Access Herring Permit fishing

[[Page 649]]

on a declared herring trip regardless of gear or area fished, or a 
vessel issued a Limited Access Incidental Catch Herring Permit and/or an 
Open Access Herring Permit and fishing with midwater trawl gear pursuant 
to Sec. 648.80(d), may not discard any haddock that has been brought on 
the deck or pumped into the hold.

[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]



Sec. 648.16  Penalties.

    See Sec. 600.735.



Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory Area.

    (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, and possession limit restrictions, specified 
in Sec. Sec. 648.4, 648.80, 648.82 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 Sec. Sec. 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.
    (b) General requirements. (1) The vessel operator has a valid letter 
of authorization issued by the Regional Administrator on board the 
vessel;
    (2) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (3) When transiting the EEZ, all gear is properly stowed in 
accordance with the definition of not available for immediate use as 
defined in Sec. 648.2; and
    (4) The vessel operator complies with the High Seas Fishing 
Compliance Permit and all NAFO conservation and enforcement measures 
while fishing in the NAFO Regulatory Area.

[70 FR 21942, Apr. 28, 2005, as amended at 79 FR 52580, Sept. 4, 2014]



Sec. 648.18  Standardized bycatch reporting methodology.

    NMFS shall comply with the Standardized Bycatch Reporting 
Methodology (SBRM) provisions established in the following fishery 
management plans by the Standardized Bycatch Reporting Methodology: An 
Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic 
and New England Regional Fishery Management Councils, completed March 
2015, also known as the SBRM Omnibus Amendment, by the New England 
Fishery Management Council, Mid-Atlantic Fishery Management Council, 
National Marine Fisheries Service Greater Atlantic Regional Fisheries 
Office, and National Marine Fisheries Service Northeast Fisheries 
Science Center: Atlantic Bluefish; Atlantic 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/

[[Page 650]]

code--of--federal--regulations/ibr--locations.html.

[80 FR 37193, June 30, 2015]



  Subpart B_Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries



Sec. 648.20  Mid-Atlantic Fishery Management Council ABC control
rules.

    The SSC shall review the following criteria, and any additional 
relevant information, to assign managed stocks to a specific control 
rule level when developing ABC recommendations. The SSC shall review the 
ABC control rule level assignment for stocks each time an ABC is 
recommended. The ABC may be recommended for up to 3 years for all 
stocks, with the exception of 5 years for spiny dogfish. The SSC may 
deviate from the control rule methods or level criteria and recommend an 
ABC that differs from the result of the ABC control rule calculation; 
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.
    (a) Level 1 criteria. (1) Assignment of a stock to Level 1 requires 
the SSC to determine 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 provides an adequate description of the OFL 
uncertainty;
    (iii) The stock assessment model structure and treatment of the data 
prior to use in the model includes relevant details of the biology of 
the stock, fisheries that exploit the stock, and data collection 
methods;
    (iv) The stock assessment provides the following estimates: Fishing 
mortality rate (F) at MSY or an alternate maximum fishing mortality 
threshold (MFMT) to define OFL, biomass, biological reference points, 
stock status, OFL, and the respective uncertainties associated with each 
value; and
    (v) No substantial retrospective patterns exist in the stock 
assessment estimates of fishing mortality, biomass, and recruitment.
    (2) Level 1 ABC determination. Stocks assigned to Level 1 by the SSC 
will have the ABC derived by applying acceptable probability of 
overfishing from the MAFMC's risk policy found in Sec. 648.21(a) 
through (d) to the probability distribution of the OFL.
    (b) Level 2 criteria. (1) Assignment of a stock to Level 2 requires 
the SSC to determine the following:
    (i) Key features of the stock biology, the fisheries that exploit 
it, and/or the data collection methods for stock information are missing 
from the stock assessment;
    (ii) The stock assessment provides reference points (which may be 
proxies), stock status, and uncertainties associated with each; however, 
the uncertainty is not fully promulgated through the stock assessment 
model and/or some important sources of uncertainty may be lacking;
    (iii) The stock assessment provides estimates of the precision of 
biomass, fishing mortality, and reference points; and
    (iv) The accuracy of the minimum fishing mortality threshold and 
projected future biomass is estimated in the stock assessment using ad 
hoc methods.
    (2) Level 2 ABC determination. Stocks assigned to Level 2 by the SSC 
will have the ABC derived by applying acceptable probability of 
overfishing from the MAFMC's risk policy found in Sec. 648.21(a) 
through (d) to the probability distribution of the OFL.
    (c) Level 3 criteria. (1) Assignment of a stock to Level 3 requires 
the SSC to determine that the stock assessment attributes are the same 
as those for a Level 2 assessment listed in Sec. 648.20(d)(1) through 
(4), except that the stock assessment does not contain an estimated 
probability distribution of OFL or the stock assessment provided OFL 
probability distribution is judged by the SSC to not adequately reflect 
uncertainty in the OFL estimate.
    (2) Level 3 ABC determination. Stocks assigned to Level 3 will have 
ABC derived by one of the following two methods:

[[Page 651]]

    (i) The SSC will derive the ABC by applying the acceptable 
probability of overfishing from the MAFMC's risk policy found in Sec. 
648.21(a) through (d) to an SSC-adjusted OFL probability distribution. 
The SSC will use default levels of uncertainty in the adjusted OFL 
probability distribution based on literature review and evaluation of 
control rule performance; or,
    (ii) If the SSC cannot develop an OFL distribution, a default 
control rule of 75 percent of the FMSY value will be applied 
to derive ABC.
    (d) Level 4 criteria. (1) Assignment of a stock to Level 4 requires 
the SSC to determine that none of the criteria for Levels 1-3 found in 
Sec. 648.20(a) through (c) were met.
    (2) Level 4 ABC determination. Stocks assigned to Level 4 will have 
ABC derived using control rules developed on a case-by-case basis by the 
SSC based on biomass and catch history and application of the MAFMC's 
risk policy found in Sec. 648.21(a) through (d).

[76 FR 60615, Sept. 29, 2011]



Sec. 648.21  Mid-Atlantic Fishery Management Council risk policy.

    The risk policy shall be used by the SSC in conjunction with the ABC 
control rules in Sec. 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 FREBUILD) 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 
determined by the SSC to have an atypical life history, the maximum 
probability of overfishing as informed by the OFL distribution will be 
35 percent for stocks with a ratio of biomass (B) to biomass at MSY 
(BMSY) of 1.0 or higher (i.e., the stock is at 
BMSY or higher). The maximum probability of overfishing shall 
decrease linearly from the maximum value of 35 percent as the B/
BMSY ratio becomes less than 1.0 (i.e., the stock biomass 
less than BMSY) until the probability of overfishing becomes 
zero at a B/BMSY ratio of 0.10. An atypical life history is 
generally defined as one that has greater vulnerability to exploitation 
and whose characteristics have not been fully addressed through the 
stock assessment and biological reference point development process.
    (2) For stocks determined by the SSC to have a typical life history, 
the maximum probability of overfishing as informed by the OFL 
distribution will be 40 percent for stocks with a ratio of B to 
BMSY of 1.0 or higher (i.e., the stock is at BMSY 
or higher). The maximum probability of overfishing shall decrease 
linearly from the maximum value of 40 percent as the B/BMSY 
ratio becomes less 1.0 (stock biomass less than BMSY) until 
the probability of overfishing becomes zero at a B/BMSY ratio 
of 0.10. Stocks with typical life history are those not meeting the 
criteria in paragraph (b)(1) of this section.
    (c) For instances in which the application of the risk policy 
approaches in either paragraph (b)(1) or (2) of this section using OFL 
distribution, as applicable given life history determination, results in 
a more restrictive ABC recommendation than the calculation of ABC 
derived from the use of FREBUILD at the MAFMC-specified 
overfishing risk level as outlined in paragraph (a) of this section, the 
SSC shall recommend to the MAFMC the lower of the ABC values.
    (d) Stock without an OFL or OFL proxy. (1) If an OFL cannot be 
determined from the stock assessment, or if a proxy is not provided by 
the SSC during the ABC recommendation process, ABC levels may not be 
increased until such time that an OFL has been identified.
    (2) The SSC may deviate from paragraph (d)(1) of this section, 
provided that the following two criteria are met: Biomass-based 
reference points indicate that the stock is greater than BMSY 
and stock biomass is stable or increasing, or if biomass based reference

[[Page 652]]

points are not available, best available science indicates that stock 
biomass is stable or increasing; and the SSC provides a determination 
that, based on best available science, the recommended increase to the 
ABC is not expected to result in overfishing. Any such deviation must 
include a description of why the increase is warranted, description of 
the methods used to derive the alternative ABC, and a certification that 
the ABC is not likely to result in overfishing on the stock.

[76 FR 60616, Sept. 29, 2011, as amended at 77 FR 51857, Aug. 27, 2012]



Sec. 648.22  Atlantic mackerel, squid, and butterfish specifications.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Squid, Mackerel, and Butterfish 
Committee of the MAFMC:
    (1) Initial OY (IOY), including Research Set-Aside (RSA), DAH, and 
DAP for Illex squid, which, subject to annual review, may be specified 
for a period of up to 3 years;
    (2) ACL; ACT including RSA, DAH, DAP; bycatch level of the TALFF, if 
any; and butterfish mortality 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) ACL; commercial ACT, including RSA, DAH, Tier 3 allocation (up 
to 7 percent of the DAH), DAP; JVP if any; TALFF, if any; and 
recreational ACT, including RSA for 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 
mackerel to purchases of domestic harvested fish and/or domestic 
processed fish be established in relation to the initial annual amounts.
    (4) 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
    (5) Inseason adjustment, upward or downward, to the specifications 
for longfin squid, as specified in paragraph (e) of this section.
    (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 specifications consistent with the 
following:
    (1) Longfin and/or Illex squid. (i) The ABC for any fishing year 
must be either the maximum OY, or a lower amount, if stock assessments 
indicate that the potential yield is less than the maximum OY. The OYs 
specified during a fishing year may not exceed the following amounts:
    (A) Longfin squid--The catch associated with a fishing mortality 
rate of FThreshold.
    (B) Illex--Catch associated with a fishing mortality rate of 
FMSY.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of RSA and DAH. RSA will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH will be set after deduction for RSA, if applicable.
    (2) Mackerel--(i) ABC. The MAFMC's SSC shall recommend a stock-wide 
ABC to the MAFMC, as described in Sec. 648.20. The stock-wide mackerel 
ABC is reduced from the OFL based on an adjustment for scientific 
uncertainty; the stock-wide ABC must be less than or equal to the OFL.
    (ii) ACL. The ACL or Domestic ABC is calculated using the formula 
ACL/Domestic ABC = stock-wide ABC - C, where C is the estimated catch of 
mackerel in Canadian waters for the upcoming fishing year.
    (iii) OY. OY may not exceed the ACL, and must take into account the 
need to prevent overfishing while allowing the fishery to achieve OY on 
a continuing basis. OY is prescribed on the basis of MSY, as reduced by 
social, economic, and ecological factors.
    (iv) ACT. The Monitoring Committee shall identify and review 
relevant sources of management uncertainty to recommend ACTs for the 
commercial and recreational fishing sectors as part of the 
specifications process.
    (A) Commercial sector ACT. Commercial ACT is composed of RSA, DAH, 
Tier 3 allocation (up to 7 percent of DAH), dead discards, and TALFF, if

[[Page 653]]

any. RSA will be based on requests for research quota as described in 
paragraph (g) of this section. DAH, Tier 3 allocation (up to 7 of the 
DAH), DAP, and JVP will be set after deduction for RSA, if applicable, 
and must be projected by reviewing data from sources specified in 
paragraph (b) of this section and other relevant data, including past 
domestic landings, projected amounts of mackerel necessary for domestic 
processing and for joint ventures during the fishing year, projected 
recreational landings, and other data pertinent for such a projection. 
The JVP component of DAH is the portion of DAH that domestic processors 
either cannot or will not use. Economic considerations for the 
establishment of JVP and TALFF include:
    (1) Total world export potential of mackerel producing countries.
    (2) Total world import demand of mackerel consuming countries.
    (3) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (4) Increased/decreased revenues to the U.S. from foreign fees.
    (5) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (6) Increased/decreased revenues to U.S. processors and exporters.
    (7) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.
    (8) Increases/decreases in U.S. processing productivity.
    (9) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes in 
trade barriers, technology transfer, and other considerations.
    (B) Recreational sector ACT. Recreational ACT is composed of RSA, 
dead discards, and the Recreational Harvest Limit (RHL).
    (v) Performance review. The Squid, Mackerel, and Butterfish 
Committee shall conduct a detailed review of fishery performance 
relative to the mackerel ACL at least every 5 years.
    (A) If the ACL is exceeded with a frequency greater than 25 percent 
(i.e., more than once in 4 years or any two consecutive years), the 
Squid, Mackerel, and Butterfish Monitoring Committee will review fishery 
performance information and make recommendations to the MAFMC for 
changes in measures intended to ensure ACLs are not exceeded as 
frequently.
    (B) The MAFMC may specify more frequent or more specific ACL 
performance review criteria as part of a stock rebuilding plan following 
a determination that a stock has become overfished.
    (C) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs have been exceeded, but may be 
conducted in conjunction with such reviews.
    (vi) River herring and shad catch cap. The Monitoring Committee 
shall provide recommendations regarding a cap on the catch of river 
herring (alewife and blueback) and shad (American and hickory) in the 
Atlantic mackerel fishery based on best available scientific 
information, as well as measures (seasonal or regional quotas, closure 
thresholds) necessary for implementation.
    (3) Butterfish--(i) ABC. The MAFMC's SSC shall recommend an ABC to 
the MAFMC, as described in Sec. 648.20. The butterfish ABC is reduced 
from the OFL based on an adjustment for scientific uncertainty; the ABC 
must be less than or equal to the OFL.
    (ii) ACL. The butterfish ACL will be set equal to the butterfish 
ABC.
    (iii) OY. OY may not exceed the ACL, and must take into account the 
need to prevent overfishing while allowing the fishery to achieve OY on 
a continuing basis. OY is prescribed on the basis of MSY, as reduced by 
social, economic, and ecological factors.
    (iv) ACT. The Monitoring Committee shall identify and review 
relevant sources of management uncertainty to recommend the butterfish 
ACT as part of the specifications process. The ACT is composed of RSA, 
DAH, dead discards, and bycatch TALFF that is equal to 0.08 percent of 
the allocated portion of the mackerel TALFF. RSA will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH and bycatch TALFF will be set after deduction for RSA, if 
applicable.

[[Page 654]]

    (v) The butterfish mortality cap will be based on a portion of the 
ACT (set annually during specifications) and the specified cap amount 
will be allocated to the longfin squid fishery as follows: Trimester I--
43 percent; Trimester II--17 percent; and Trimester III--40 percent.
    (vi) Any underages of the cap for Trimester I that are greater than 
25 percent of the Trimester I cap will be reallocated to Trimester II 
and III (split equally between both trimesters) of the same year. The 
reallocation of the cap from Trimester I to Trimester II is limited, 
such that the Trimester II cap may only be increased by 50 percent; the 
remaining portion of the underage will be reallocated to Trimester III. 
Any underages of the cap for Trimester I that are less than 25 percent 
of the Trimester I quota will be applied to Trimester III of the same 
year. Any overages of the cap for Trimester I and II will be subtracted 
from Trimester III of the same year.
    (vii) Performance review. The Squid, Mackerel, and Butterfish 
Committee shall conduct a detailed review of fishery performance 
relative to the butterfish ACL in conjunction with review for the 
mackerel fishery, as outlined in this section.
    (4) Additional measures. The Monitoring Committee may also provide 
recommendations on the following items, if necessary:
    (i) Observer provisions to maximize sampling at Sec. 648.11(n)(2);
    (ii) Exceptions for the requirement to pump/haul aboard all fish 
from net for inspection by at-sea observers in Sec. 648.11(n)(3);
    (c) Recommended measures. Based on the review of the data described 
in paragraph (b) of this section and requests for research quota as 
described in paragraph (g) of this section, the Monitoring Committee 
will recommend to the Squid, Mackerel, and Butterfish Committee the 
measures from the following list that it determines are necessary to 
ensure that the specifications are not exceeded:
    (1) RSA set from a range of 0 to 3 percent of:
    (i) The IOY for longfin squid and/or Illex.
    (ii) The commercial and/or recreational ACT for mackerel.
    (iii) The ACT for butterfish.
    (2) Commercial quotas, set after reductions for research quotas.
    (3) The amount of longfin squid, Illex, and butterfish that may be 
retained and landed by vessels issued the incidental catch permit 
specified in Sec. 648.4(1)(5)(ii), and the amount of mackerel that may 
be retained, possessed and landed by any of the limited access mackerel 
permits described at Sec. 648.4(1)(5)(iii) and the incidental mackerel 
permit at Sec. 648.4(1)(5)(iv).
    (4) Commercial minimum fish sizes.
    (5) Commercial trip limits.
    (6) Commercial seasonal quotas/closures for longfin squid and Illex, 
and allocation for the Limited Access Mackerel Tier 3.
    (7) Minimum mesh sizes.
    (8) Commercial gear restrictions.
    (9) Recreational allocation for mackerel.
    (10) Recreational minimum fish size.
    (11) Recreational possession limits.
    (12) Recreational season.
    (13) Changes, as appropriate, to the SBRM, including the coefficient 
of variation (CV) based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, the process for 
prioritizing observer sea-day allocations, reports, and/or industry-
funded observers or observer set aside programs.
    (14) Modification of existing accountability measures (AMs) utilized 
by the Monitoring Committee.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish 
Committee will review the recommendations of the Monitoring Committee. 
Based on these recommendations and any public comment received thereon, 
the Squid, Mackerel, and Butterfish Committee must recommend to the 
MAFMC appropriate specifications and any measures necessary to assure 
that the specifications will not be exceeded. The MAFMC will review 
these recommendations and, based on the recommendations and any public 
comment received thereon, must recommend to the Regional Administrator 
appropriate specifications and any measures necessary to assure that the 
ACL will not be exceeded. The

[[Page 655]]

MAFMC's recommendations must include supporting documentation, as 
appropriate, concerning the environmental, economic, and social impacts 
of the recommendations. The Regional Administrator will review the 
recommendations and will publish a proposed rule in the Federal Register 
proposing specifications and any measures necessary to assure that the 
specifications will not be exceeded and providing a 30-day public 
comment period. If the proposed specifications differ from those 
recommended by the MAFMC, the reasons for any differences must be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in this section. The MAFMC's recommendations will be available 
for inspection at the office of the Regional Administrator during the 
public comment period. If the annual specifications for squid, mackerel, 
and butterfish are not published in the Federal Register prior to the 
start of the fishing year, the previous year's annual specifications, 
excluding specifications of TALFF, will remain in effect. The previous 
year's specifications will be superceded as of the effective date of the 
final rule implementing the current year's annual specifications.
    (2) The Regional Administrator will make a final determination 
concerning the specifications for each species and any measures 
necessary to assure that the specifications will not be exceeded. After 
the Regional Administrator considers all relevant data and any public 
comments, notification of the final specifications and any measures 
necessary to assure that the specifications will not be exceeded and 
responses to the public comments will be published in the Federal 
Register. If the final specification amounts differ from those 
recommended by the MAFMC, the reason(s) for the difference(s) must be 
clearly stated and the revised specifications must be consistent with 
the criteria set forth in paragraph (b) of this section.
    (e) Inseason adjustments. The specifications established pursuant to 
this section may be adjusted by the Regional Administrator, in 
consultation with the MAFMC, during the fishing year by publishing 
notification in the Federal Register.
    (f) Distribution of annual longfin squid commercial quota. (1) A 
commercial quota for longfin squid will be allocated annually into 
trimester periods, based on the following percentages: Trimester I 
(January-April)--43.0 percent; Trimester II (May-August)--17.0 percent; 
and Trimester III (September-December)--40.0 percent.
    (2) Any underages of commercial period quota for Trimester I that 
are greater than 25 percent of the Trimester I quota will be reallocated 
to Trimesters II and III of the same year. The reallocation of quota 
from Trimester I to Trimester II is limited, such that the Trimester II 
quota may only be increased by 50 percent; the remaining portion of the 
underage will be reallocated to Trimester III. Any underages of 
commercial period quota for Trimester I that are less than 25 percent of 
the Trimester I quota will be applied to Trimester III of the same year. 
Any overages of commercial quota for Trimesters I and II will be 
subtracted from Trimester III of the same year.
    (g) Research set-aside (RSA) quota. Prior to the MAFMC's quota-
setting meetings:
    (1) NMFS will publish a Request for Proposals (RFP) in the Federal 
Register, consistent with procedures and requirements established by the 
NOAA Grants Office, to solicit proposals from industry for the upcoming 
fishing year, based on research priorities identified by the MAFMC.
    (2) NMFS will convene a review panel, including the MAFMC's 
Comprehensive Management Committee and technical experts, to review 
proposals submitted in response to the RFP.
    (i) Each panel member will recommend which research proposals should 
be authorized to utilize research quota, based on the selection criteria 
described in the RFP.
    (ii) The NEFSC Director and the NOAA Grants Office will consider 
each panel member's recommendation, and provide final approval of the 
projects. The Regional Administrator may, when appropriate, exempt 
selected vessel(s) from regulations specified in each of the respective 
FMPs through

[[Page 656]]

written notification to the project proponent.
    (3) The grant awards approved under the RFPs will be for the 
upcoming fishing year. Proposals to fund research that would start prior 
to, or that would end after the fishing year, will not be eligible for 
consideration. All research and/or compensation trips must be completed 
within the fishing year for which the research grant was awarded.
    (4) Research projects will be conducted in accordance with 
provisions approved and provided in an Exempted Fishing Permit (EFP) 
issued by the Regional Administrator.
    (5) If a proposal is disapproved by the NEFSC Director or the NOAA 
Grants Office, or if the Regional Administrator determines that the 
allocated research quota cannot be utilized by a project, the Regional 
Administrator shall reallocate the unallocated or unused amount of 
research quota to the respective commercial and recreational fisheries 
by publication of a notice in the Federal Register in compliance with 
the Administrative Procedure Act, provided:
    (i) The reallocation of the unallocated or unused amount of research 
quota is in accord with National Standard 1, and can be available for 
harvest before the end of the fishing year for which the research quota 
is specified; and
    (ii) Any reallocation of unallocated or unused research quota shall 
be consistent with the proportional division of quota between the 
commercial and recreational fisheries in the relevant FMP and allocated 
to the remaining quota periods for the fishing year proportionally.
    (6) Vessels participating in approved research projects may be 
exempted from certain management measures by the Regional Administrator, 
provided that one of the following analyses of the impacts associated 
with the exemptions is provided:
    (i) The analysis of the impacts of the requested exemptions is 
included as part of the annual quota specification packages submitted by 
the MAFMC; or
    (ii) For proposals that require exemptions that extend beyond the 
scope of the analysis provided by the MAFMC, applicants may be required 
to provide additional analysis of impacts of the exemptions before 
issuance of an EFP will be considered, as specified in the EFP 
regulations at Sec. 648.12(b).

[76 FR 60616, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 
76 FR 81848, Dec. 29, 2011; 77 FR 16480, Mar. 21, 2012; 78 FR 3353, Jan. 
16, 2013; 79 FR 10048, Feb. 24, 2014; 79 FR 18481, Apr. 2, 2014; 80 FR 
37194, June 30, 2015; 80 FR 48248, Aug. 12, 2015]



Sec. 648.23  Mackerel, squid, and butterfish gear restrictions.

    (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 Sec. 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 a minimum codend mesh of 3 
inches (7.62 cm) diamond or square mesh, as measured by methods 
specified in Sec. 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 Sec. 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) Jigging exemption. During closures of the longfin squid fishery 
resulting from the butterfish mortality cap, described in Sec. 
648.24(c)(3), vessels fishing

[[Page 657]]

for longfin squid using jigging gear are exempt from the closure 
possession limit specified in Sec. 648.26(b), provided that all otter 
trawl gear is stowed and not available for immediate use as defined in 
Sec. 648.2.
    (3) Net obstruction or constriction. Owners or operators of otter 
trawl vessels fishing for and/or possessing butterfish or longfin squid 
shall not use any device, gear, or material, including, but not limited 
to, nets, net strengtheners, ropes, lines, or chafing gear, on the top 
of the regulated portion of a trawl net except any of the following 
materials may be used as specified:
    (i) Splitting straps, and/or bull ropes or wire around the entire 
circumference of the codend provided these materials do not obstruct or 
constrict the top or the trawl net while it is being towed;
    (ii) Net strengtheners (covers) that do not have a mesh opening of 
less than 5 inches (12.7 cm) diamond or square mesh, as measured by 
methods specified in Sec. 648.80(f); and
    (iii) A liner may be used to close the opening created by the rings 
in the aftermost portion of the net, provided the liner extends no more 
than 10 meshes forward of the aftermost portion of the net, the inside 
webbing of the codend shall be the same circumference or less than any 
strengthener and the liner is no more than 2 ft (61 cm) longer than any 
net strengthener.
    (4) Top of the regulated portion of the net means the 50 percent of 
the entire regulated portion of the net that would not be in contact 
with the ocean bottom if, during a tow, the regulated portion of the net 
were laid flat on the ocean floor.
    (5) Illex fishery. Seaward of the following coordinates, connected 
in the order listed by straight lines except otherwise noted, otter 
trawl vessels possessing longfin squid harvested in or from the EEZ and 
fishing for Illex during the months of June, July, August in Trimester 
II, and September in Trimester III are exempt from the longfin squid 
gear requirements specified in paragraph (a)(2) of this section, 
provided that landward of the specified coordinates they do not have 
available for immediate use, as defined in Sec. 648.2, any net, or any 
piece of net, with a mesh size less than 1\7/8\ inches (48 mm) diamond 
mesh in Trimester II, and 2\1/8\ inches (54 mm) diamond mesh in 
Trimester III, or any piece of net, with mesh that is rigged in a manner 
that is prohibited by paragraphs (a)(2) and (a)(3)(ii) of this section.

------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
M0......................................    43 deg.58.0'           [\1\]
M1......................................    43 deg.58.0'    67 deg.22.0'
M2......................................    43 deg.50.0'    68 deg.35.0'
M3......................................    43 deg.30.0'    69 deg.40.0'
M4......................................    43 deg.20.0'    70 deg.00.0'
M5......................................    42 deg.45.0'    70 deg.10.0'
M6......................................    42 deg.13.0'    69 deg.55.0'
M7......................................    41 deg.00.0'    69 deg.00.0'
M8......................................    41 deg.45.0'    68 deg.15.0'
M9......................................    42 deg.10.0'        [\2\] 67
                                                               deg.10.0'
M10.....................................    41 deg.18.6'        [\2\] 66
                                                               deg.24.8'
M11.....................................    40 deg.55.5'    66 deg.38.0'
M12.....................................    40 deg.45.5'    68 deg.00.0'
M13.....................................    40 deg.37.0'    68 deg.00.0'
M14.....................................    40 deg.30.0'    69 deg.00.0'
M15.....................................    40 deg.22.7'    69 deg.00.0'
M16.....................................    40 deg.18.7'    69 deg.40.0'
M17.....................................    40 deg.21.0'    71 deg.03.0'
M18.....................................    39 deg.41.0'    72 deg.32.0'
M19.....................................    38 deg.47.0'    73 deg.11.0'
M20.....................................    38 deg.04.0'    74 deg.06.0'
M21.....................................    37 deg.08.0'    74 deg.46.0'
M22.....................................    36 deg.00.0'    74 deg.52.0'
M23.....................................    35 deg.45.0'    74 deg.53.0'
M24.....................................    35 deg.28.0'    74 deg.52.0'
M25.....................................    35 deg.28.0'           [\3\]
------------------------------------------------------------------------
[\1\] The intersection of 43 deg.58.0' N. latitude and the US-Canada
  Maritime Boundary.
[\2\] Points M9 and M10 are intended to fall along and are connected by
  the US-Canada Maritime Boundary.
[\3\] The intersection of 35 deg.28.0' N. latitude and the outward limit
  of the U.S. EEZ.

    (6) Mackerel, squid, and butterfish bottom trawling restricted 
areas--(i) Oceanographer Canyon. No permitted mackerel, squid, or 
butterfish vessel may fish with bottom trawl gear in the Oceanographer 
Canyon or be in the Oceanographer Canyon unless transiting. Vessels may 
transit this area provided the bottom trawl gear is stowed and not 
available for immediate use as defined in Sec. 648.2. Oceanographer 
Canyon 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):

                          Oceanographer Canyon
------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
OC1.....................................    40 deg.10.0'    68 deg.12.0'
OC2.....................................    40 deg.24.0'    68 deg.09.0'
OC3.....................................    40 deg.24.0'    68 deg.08.0'
OC4.....................................    40 deg.10.0'    67 deg.59.0'
OC1.....................................    40 deg.10.0'    68 deg.12.0'
------------------------------------------------------------------------


[[Page 658]]

    (ii) Lydonia Canyon. No permitted mackerel, squid, or butterfish 
vessel may fish with bottom trawl gear in the Lydonia Canyon or be in 
the Lydonia Canyon unless transiting. Vessels may transit this area 
provided the bottom trawl gear is stowed and not available for immediate 
use as defined in Sec. 648.2. Lydonia Canyon 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):

                             Lydonia Canyon
------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
LC1.....................................    40 deg.16.0'    67 deg.34.0'
LC2.....................................    40 deg.16.0'    67 deg.42.0'
LC3.....................................    40 deg.20.0'    67 deg.43.0'
LC4.....................................    40 deg.27.0'    67 deg.40.0'
LC5.....................................    40 deg.27.0'    67 deg.38.0'
LC1.....................................    40 deg.16.0'    67 deg.34.0'
------------------------------------------------------------------------

    (b) [Reserved]
    (c) Mesh obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any mesh construction, mesh configuration, 
or other means that effectively decreases the mesh size below the 
minimum mesh size, except that a liner may be used to close the opening 
created by the rings in the aftermost portion of the net, provided the 
liner extends no more than 10 meshes forward of the aftermost portion of 
the net. The inside webbing of the codend shall be the same 
circumference or less than the outside webbing (strengthener). In 
addition, the inside webbing shall not be more than 2 ft (61 cm) longer 
than the outside webbing.

[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]



Sec. 648.24  Fishery closures and accountability measures.

    (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 Sec. 648.26.
    (2) Illex. NMFS shall close the directed Illex fishery in the EEZ 
when the Regional Administrator projects that 95 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 Sec. 648.26.
    (b) Mackerel AMs--(1)(i) Mackerel commercial sector EEZ closure. 
NMFS will close the commercial mackerel fishery in the EEZ when the 
Regional Administrator projects that 95 percent of the mackerel DAH is 
harvested, if such a closure is necessary to prevent the DAH from being 
exceeded. The closure of the commercial fishery shall be in effect for 
the remainder of that fishing year, with incidental catches allowed as 
specified in Sec. 648.26. When the Regional Administrator projects that 
the DAH for mackerel will be landed, NMFS shall close the commercial 
mackerel fishery in the EEZ, and the incidental catches specified for 
mackerel in Sec. 648.26 will be prohibited.
    (ii) NMFS will close the Tier 3 commercial mackerel fishery in the 
EEZ when the Regional Administrator projects that 90 percent of the Tier 
3 mackerel allocation will be harvested, if such a closure is necessary 
to prevent the DAH from being exceeded. The closure of the Tier 3 
commercial mackerel fishery will be in effect for the remainder of that 
fishing period, with incidental catches allowed as specified in Sec. 
648.26.
    (2) Mackerel commercial landings overage repayment. If the mackerel 
ACL is exceeded and commercial fishery landings are responsible for the 
overage, then landings in excess of the DAH will be deducted from the 
DAH the following year, as a single-year adjustment to the DAH.
    (3) Non-landing AMs. In the event that the ACL is exceeded, and that 
the overage has not been accommodated

[[Page 659]]

through the landing-based AM described in paragraph (b)(2) of this 
section, but is attributable to the commercial sector, then the exact 
amount, in pounds, by which the commercial ACT was exceeded will be 
deducted from the following year's commercial ACT, as a single-year 
adjustment.
    (4) Mackerel recreational AMs. If the mackerel ACL is exceeded and 
the recreational fishery landings are responsible for the overage, then 
the following procedure will be followed:
    (i) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold (i.e., 
B/BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the ACL has been exceeded, then the exact amount, in 
pounds, by which the most recent year's recreational catch estimate 
caused the most recent year's ACL to be exceeded will be deducted from 
the following year's recreational ACT, as a single-year adjustment.
    (ii) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (A) If the ACL has been exceeded. If the ACL has been exceeded, then 
adjustments to the recreational management measures, taking into account 
the performance of the measures and conditions that precipitated the 
overage, will be made in the following fishing year, or as soon as 
possible thereafter, once catch data are available, as a single-year 
adjustment.
    (B) If the ABC has been exceeded. If the ABC has been exceeded, then 
a single-year adjustment to the following year's recreational ACT will 
be made, as described below. In addition, adjustments to the 
recreational management measures, taking into account the performance of 
the measures and conditions that precipitated the overage, will be made 
in the following year.
    (1) Adjustment to ACT. If an adjustment to the following year's ACT 
is required, then the recreational ACT will be reduced by the exact 
amount, in pounds, of the product of the recreational overage, defined 
as the difference between the recreational contribution to the catch 
above the ACL, and the payback coefficient specified in paragraph 
(b)(4)(ii)(B)(2) of this section.
    (2) Payback coefficient. The payback coefficient is the difference 
between the most recent estimates of BMSY and biomass (i.e., 
BMSY-B) divided by one-half of BMSY.
    (iii) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY is 
greater than 1.0), then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (5) Mackerel ACL overage evaluation. The ACL will be evaluated based 
on a single-year examination of total catch (landings and discards). 
Both landings and dead discards will be evaluated in determining if the 
ACL has been exceeded. NMFS shall make determinations about overages and 
implement any changes to the ACL, in accordance with the Administrative 
Procedure Act, through notification in the Federal Register, by May 15 
of the fishing year in which the deductions will be made.
    (6) River herring and shad catch cap. The river herring and shad cap 
on the mackerel fishery applies to all trips that land more than 20,000 
lb (9.08 mt) of mackerel. NMFS shall close the directed mackerel fishery 
in the EEZ when the Regional Administrator project that 95 percent of 
the river herring/shad catch cap has been harvested. Following closures 
of the directed mackerel fishery, vessels must adhere to the possession 
restrictions specified in Sec. 648.26.
    (c) Butterfish AMs--(1) Directed butterfish fishery closure. When 
butterfish catch reaches the butterfish closure threshold as determined 
in the annual specifications, NMFS shall implement a 5,000-lb (2.27-mt) 
possession

[[Page 660]]

limit for vessels issued a longfin squid/butterfish moratorium permit 
and that are fishing with a minimum mesh size of 3 inches (76 mm). When 
the butterfish catch is projected to reach the butterfish DAH as 
determined in the annual specifications, NMFS shall implement a 600-lb 
(0.27-mt) possession limit for all vessels issued a longfin squid/
butterfish moratorium or incidental catch permit.
    (2) Butterfish ACL overage repayment. If the butterfish ACL is 
exceeded, then catch in excess of the ACL will be deducted from the ACL 
the following year, as a single-year adjustment.
    (3) Butterfish mortality cap on the longfin squid fishery. NMFS 
shall close the directed fishery in the EEZ for longfin squid when the 
Regional Administrator projects that 95 percent of each Trimester's 
butterfish mortality cap allocation has been harvested.
    (4) Butterfish ACL overage evaluation. The ACL will be evaluated 
based on a single-year examination of total catch (landings and 
discards). Both landings and dead discards will be evaluated in 
determining if the ACL has been exceeded. NMFS shall make determinations 
about overages and implement any changes to the ACL, in accordance with 
the Administrative Procedure Act, through notification in the Federal 
Register, by May 15 of the fishing year in which the deductions will be 
made.
    (5) Butterfish allocation transfer. NMFS may transfer up to 50 
percent of any unused butterfish allocation from the butterfish DAH to 
the butterfish mortality cap on the longfin squid fishery if the 
butterfish catch in the longfin squid fishery is likely to result in a 
closure of the longfin squid fishery, and provided the transfer does not 
increase the likelihood of closing the directed butterfish fishery. NMFS 
may instead transfer up to 50 percent of the unused butterfish catch 
from the butterfish mortality cap allocation to the butterfish DAH if 
harvest of butterfish in the directed butterfish fishery is likely to 
exceed the butterfish DAH, and provided the transfer of butterfish 
allocation from the butterfish mortality cap allocation does not 
increase the likelihood of closing the longfin squid fishery due to 
harvest of the butterfish mortality cap. NMFS would make this transfer 
on or about November 15 each fishing year, in accordance with the 
Administrative Procedure Act.
    (d) Notification. Upon determining that a closure or trip limit 
reduction is necessary, the Regional Administrator will notify, in 
advance of the closure, the Executive Directors of the MAFMC, NEFMC, and 
SAFMC; mail notification of the closure or trip limit reduction to all 
holders of mackerel, squid, and butterfish fishery permits at least 72 
hr before the effective date of the closure; provide adequate notice of 
the closure or trip limit reduction to recreational participants in the 
fishery; and publish notification of the closure or trip limit reduction 
in the Federal Register.

[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]



Sec. 648.25  Atlantic Mackerel, squid, and butterfish framework
adjustments to management measures.

    (a) Within season management action. The MAFMC may, at any time, 
initiate action to add or adjust management measures within the Atlantic 
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.
    (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

[[Page 661]]

new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear 
restrictions; gear requirements or prohibitions; permitting 
restrictions; recreational possession limit; recreational seasons; 
closed areas; commercial seasons; commercial trip limits; commercial 
quota system, including commercial quota allocation procedure and 
possible quota set-asides to mitigate bycatch; recreational harvest 
limit; annual specification quota setting process; FMP Monitoring 
Committee composition and process; description and identification of EFH 
(and fishing gear management measures that impact EFH); description and 
identification of habitat areas of particular concern; overfishing 
definition and related thresholds and targets; regional gear 
restrictions; regional season restrictions (including option to split 
seasons); restrictions on vessel size (LOA and GRT) or shaft horsepower; 
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; any other management measures currently included in the 
FMP; set aside quota for scientific research; regional management; 
process for inseason adjustment to the annual specification; mortality 
caps for river herring and shad species; time/area management for river 
herring and shad species; and provisions for river herring and shad 
incidental catch avoidance program, including adjustments to the 
mechanism and process for tracking fleet activity, reporting incidental 
catch events, compiling data, and notifying the fleet of changes to the 
area(s); the definition/duration of `test tows,' if test tows would be 
utilized to determine the extent of river herring incidental catch in a 
particular area(s); the threshold for river herring incidental catch 
that would trigger the need for vessels to be alerted and move out of 
the area(s); the distance that vessels would be required to move from 
the area(s); and the time that vessels would be required to remain out 
of the area(s). Measures contained within this list that require 
significant departures from previously contemplated measures or that are 
otherwise introducing new concepts may require amendment of the FMP 
instead of a framework adjustment.
    (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, the MAFMC must consider at least the following factors, and 
provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures following their implementation as a final rule.
    (3) NMFS action. If the MAFMC's recommendation includes adjustments 
or additions to management measures and, after reviewing the MAFMC's 
recommendation and supporting information:
    (i) If NMFS concurs with the MAFMC's recommended management measures 
and determines that the recommended management measures should be issued 
as a final rule based on the factors specified in paragraph (a)(2) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (ii) If NMFS concurs with the MAFMC's recommended management

[[Page 662]]

measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the MAFMC recommendation, the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the MAFMC will be notified in writing 
of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[76 FR 60620, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 
76 FR 81848, Dec. 29, 2011; 79 FR 10048, Feb. 24, 2014; 80 FR 37194, 
June 30, 2015]



Sec. 648.26  Mackerel, squid, and butterfish possession restrictions.

    (a) Atlantic mackerel. (1) A vessel must be issued a valid limited 
access mackerel permit to fish for, possess, or land more than 20,000 lb 
(9.08 mt) of Atlantic mackerel from or in the EEZ per trip, provided 
that the fishery has not been closed because 90 percent of the DAH has 
been harvested, as specified in Sec. 648.24(b)(1)(i).
    (i) A vessel issued a Tier 1 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land Atlantic mackerel with no 
possession restriction in 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 95 percent of the DAH has been 
harvested, as specified in Sec. 648.24(b)(1)(i).
    (ii) A vessel issued a Tier 2 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of 
Atlantic mackerel in 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 95 percent of the DAH has been 
harvested, as specified in Sec. 648.24(b)(1)(i).
    (iii) A vessel issued a Tier 3 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of 
Atlantic mackerel in 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 90 percent of the Tier 3 allocation 
has been harvested, or 95 percent of the DAH has been harvested, as 
specified in Sec. 648.24(b)(1)(i) and (ii).
    (iv) A vessel issued an open access mackerel permit may fish for, 
possess, or land up to 20,000 lb (9.08 mt) of Atlantic mackerel in 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.
    (v) Both vessels involved in a pair trawl operation must be issued a 
valid mackerel permits to fish for, possess, or land Atlantic mackerel 
in the EEZ. Both vessels must be issued the mackerel permit appropriate 
for the amount of mackerel jointly possessed by both of the vessels 
participating in the pair trawl operation.
    (2) Mackerel closure possession restrictions. (i) Commercial 
mackerel fishery. During a closure of the commercial Atlantic mackerel 
fishery, including closure of the Tier 3 fishery, vessels issued a 
Limited Access Mackerel Permit may not fish for, possess, or land more 
than 20,000 lb (9.08 mt) of Atlantic mackerel per trip at any time, and 
may only land Atlantic mackerel once on any calendar day, which is 
defined as the 24-hr period beginning at 0001 hours and ending at 2400 
hours.
    (ii) [Reserved]
    (b) Longfin squid. (1) Unless specified in paragraph (b)(2) of this 
section, during a closure of the directed fishery for longfin squid 
vessels may not fish for, possess, or land more than 2,500 lb (1.13 mt) 
of longfin squid per trip at any time, and may only land longfin squid 
once on any calendar day, which is defined as the 24-hr period beginning 
at 0001 hours and ending at 2400 hours. If a vessel has been issued a 
longfin squid incidental catch permit (as specified at Sec. 
648.4(a)(5)(ii)), then it may not fish for, possess, or land more than 
2,500 lb

[[Page 663]]

(1.13 mt) of longfin squid per trip at any time and may only land 
longfin squid once on any calendar day, unless such a vessel meets the 
criteria outlined in paragraph (b)(2) of this section.
    (2) During a closure of the directed fishery for longfin squid for 
Trimester II, a vessel with a longfin squid/butterfish moratorium permit 
that is on a directed Illex squid fishing trip (i.e., possess over 
10,000 lb (4.54 mt) of Illex) and is seaward of the coordinates 
specified at Sec. 648.23(a)(5), may possess up to 15,000 lb (6.80 mt) 
of longfin squid. Once landward of the coordinates specified at Sec. 
648.23(a)(5), such vessels must stow all fishing gear, and render it not 
available for immediate use as defined in Sec. 648.2, in order to 
possess more than 2,500 lb (1.13 mt) of longfin squid per trip.
    (c) Illex. During a closure of the directed fishery for Illex, 
vessels may not fish for, possess, or land more than 10,000 lb (4.54 mt) 
of Illex per trip at any time, and may only land Illex once on any 
calendar day, which is defined as the 24-hr period beginning at 0001 
hours and ending at 2400 hours. If a vessel has been issued an Illex 
incidental catch permit (as specified at Sec. 648.4(a)(5)(ii)), then it 
may not fish for, possess, or land more than 10,000 lb (4.54 mt) of 
Illex per trip at any time, and may only land Illex once on any calendar 
day.
    (d) Butterfish. (1) A vessel issued a longfin squid/butterfish 
moratorium permit (as specified at Sec. 648.4(a)(5)(i)) fishing with a 
minimum mesh size of 3 inches (76 mm) is authorized to fish for, 
possess, or land butterfish with no possession restriction in the EEZ 
per trip, and may only land butterfish once on any calendar day, which 
is defined as the 24-hr period beginning at 0001 hours and ending at 
2400 hours, provided that directed butterfish fishery has not been 
closed and the reduced possession limit has not been implemented, as 
described in Sec. 648.24(c)(1). When butterfish harvest is projected to 
reach the threshold for the butterfish fishery (as described in Sec. 
648.24(c)(1)), these vessels may not fish for, possess, or land more 
than 5,000 lb (2.27 mt) of butterfish per trip at any time, and may only 
land butterfish once on any calendar day. When butterfish harvest is 
projected to reach the DAH limit (as described in Sec. 648.24(c)(1)), 
these vessels may not fish for, possess, or land more than 600 lb (0.27 
mt) of butterfish per trip at any time, and may only land butterfish 
once on any calendar day.
    (2) A vessel issued longfin squid/butterfish moratorium permit 
fishing with mesh less than 3 inches (76 mm) may not fish for, possess, 
or land more than 5,000 lb (2.27 mt) of butterfish per trip at any time, 
and may only land butterfish once on any calendar day, provided that 
butterfish harvest has not reached the DAH limit and the reduced 
possession limit has not been implemented, as described in Sec. 
648.24(c)(1). When butterfish harvest is projected to reach the DAH 
limit (as described in Sec. 648.24(c)(1)), these vessels may not fish 
for, possess, or land more than 600 lb (0.27 mt) of butterfish per trip 
at any time, and may only land butterfish once on any calendar day.
    (3) A vessels issued a longfin squid/butterfish incidental catch 
permit, regardless of mesh size used, may not fish for, possess, or land 
more than 600 lb (0.27 mt) of butterfish per trip at any time, and may 
only land butterfish once on any calendar day, which is defined as the 
24-hr period beginning at 0001 hours and ending at 2400 hours.

[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]



            Subpart C_Management Measures for Atlantic Salmon



Sec. 648.40  Prohibition on possession.

    (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.

[[Page 664]]



Sec. 648.41  Framework specifications.

    (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 
recommendation to issue the management measures as a final rule, the 
NEFMC must consider at least the following factors and provide support 
and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of measures 
adopted following their implementation as a final rule.
    (d) NMFS action. If the NEFMC's recommendation includes 
implementation of management measures and, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) NMFS concurs with the NEFMC's recommended management measures 
and determines that the recommended measures should be issued as a final 
rule based on the factors specified in paragraph (c)(1) through (4) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (2) NMFS concurs with the NEFMC's recommendation and determines that 
the recommended management measures should be published first as a 
proposed rule, the measures will be published as a proposed rule in the 
Federal Register. After additional public comment, if NMFS concurs with 
the NEFMC recommendation, the measures will be issued as a final rule in 
the Federal Register.
    (3) NMFS does not concur, the NEFMC will be notified in writing of 
the reasons for the non-concurrence.
    (e) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take

[[Page 665]]

emergency action under section 305(e) of the Magnuson-Stevens Act.

[64 FR 40520, July 27, 1999, as amended at 80 FR 37194, June 30, 2015]



   Subpart D_Management Measures for the Atlantic Sea Scallop Fishery

    Source: 69 FR 35215, June 23, 2004, unless otherwise noted.



Sec. 648.50  Shell-height standard.

    (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.



Sec. 648.51  Gear and crew restrictions.

    (a) Trawl vessel gear restrictions. Trawl vessels issued a limited 
access scallop permit under Sec. 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 Sec. 648.51(f), 
any trawl vessels in possession of more than 40 lb (18.14 kg) of 
shucked, or 5 bu (176.2 L) 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 Sec. 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 a 
wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15 
inches) and a thickness of 2.3 mm (0.09 inches), inserted into the 
meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less 
than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 
lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh 
size is the average of the measurements of any series of 20 consecutive 
meshes for nets having 75 or more meshes, and 10 consecutive meshes for 
nets having fewer than 75 meshes. The mesh in the regulated portion of 
the net is measured at least five meshes away from the lacings running 
parallel to the long axis of the net.
    (3) Chafing gear and other gear obstructions--(i) Net obstruction or 
constriction. A fishing vessel may not use any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, or 
chafing gear, on the top of a trawl net, except that one splitting strap 
and one bull rope (if present), consisting of line and rope no more than 
3 inches (7.62 cm) in diameter, may be used if such splitting strap and/
or bull rope does not constrict in any manner the top of the trawl net. 
``The top of the trawl net'' means the 50 percent of the net that (in a 
hypothetical situation) would not be in contact with the ocean bottom 
during a tow if the net were laid flat on the ocean floor. For the 
purpose of this paragraph (a)(3), head ropes shall not be considered 
part of the top of the trawl net.
    (ii) Mesh obstruction or constriction. A fishing vessel may not use 
any mesh

[[Page 666]]

configuration, mesh construction, or other means on or in the top of the 
net, as defined in paragraph (a)(3)(i) of this section, if it obstructs 
the meshes of the net in any manner.
    (iii) A fishing vessel may not use or possess a net capable of 
catching scallops in which the bars entering or exiting the knots twist 
around each other.
    (b) Dredge vessel gear restrictions. All vessels issued limited 
access and General Category scallop permits and fishing with scallop 
dredges, with the exception of hydraulic clam dredges and mahogany 
quahog dredges in possession of 600 lb (181.44 kg), or less, of 
scallops, must comply with the following restrictions, unless otherwise 
specified:
    (1) Maximum dredge width. The combined dredge width in use by or in 
possession on board such vessels shall not exceed 31 ft (9.4 m), 
measured at the widest point in the bail of the dredge, except as 
provided under paragraph (e) of this section, in Sec. 648.60(g)(2), and 
the scallop dredge exemption areas specified in Sec. 648.80. However, 
component parts may be on board the vessel such that they do not conform 
with the definition of ``dredge or dredge gear'' in Sec. 648.2, i.e., 
the metal ring bag and the mouth frame, or bail, of the dredge are not 
attached, and such that no more than one complete spare dredge could be 
made from these component's parts.
    (2) Minimum mesh size. The mesh size of 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 shall not be smaller 
than 10-inch (25.4-cm) square or diamond mesh.
    (3) Minimum ring size. (i) Unless otherwise required under the Sea 
Scallop Area Access program specified in Sec. 648.60(a)(6), the ring 
size used in a scallop dredge possessed or used by scallop vessels shall 
not be smaller than 4 inches (10.2 cm).
    (ii) Ring size is determined by measuring the shortest straight line 
passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
    (4) Chafing gear and other gear obstructions--(i) Chafing gear 
restrictions. No chafing gear or cookies shall be used on the top of a 
scallop dredge.
    (ii) Link restrictions. No more than double links between rings 
shall be used in or on all parts of the dredge bag, except the dredge 
bottom. No more than triple linking shall be used in or on the dredge 
bottom portion and the diamonds. Damaged links that are connected to 
only one ring, i.e., ``hangers,'' are allowed, unless they occur between 
two links that both couple the same two rings. Dredge rings may not be 
attached via links to more than four adjacent rings. Thus, dredge rings 
must be rigged in a configuration such that, when a series of adjacent 
rings are held horizontally, the neighboring rings form a pattern of 
horizontal rows and vertical columns. A copy of a diagram showing a 
schematic of a legal dredge ring pattern is available from the Regional 
Administrator upon request.
    (iii) Dredge or net obstructions. No material, device, net, dredge, 
ring, or link configuration or design shall be used if it results in 
obstructing the release of scallops that would have passed through a 
legal sized and configured net and dredge, as described in this part, 
that did not have in use any such material, device, net, dredge, ring 
link configuration or design.
    (iv) Twine top restrictions as a proactive accountability measure 
for bycatch. In addition to the minimum twine top mesh size specified in 
paragraph (b)(2) of this section, limited access and limited access 
general category IFQ vessels may not fish for scallops with a dredge 
having more than seven rows of non-overlapping steel rings unobstructed 
by netting or any other material between the terminus of the dredge 
(club stick) and the net material on the top of the dredge (twine top) 
(a copy of a diagram showing a schematic of a legal dredge with twine 
top is available from the Regional Administrator upon request).
    (v) Measurement of twine top mesh size. Twine top mesh size is 
measured by using a wedge-shaped gauge having a taper of 0.79 inches (2 
cm) in 3.15 inches (8 cm) and a thickness of 0.09 inches

[[Page 667]]

(2.3 mm), inserted into the meshes under a pressure or pull of 17.64 lb 
(8 kg). The mesh size is the average of the measurements of any series 
of 20 consecutive meshes for twine tops having 75 or more meshes, and 10 
consecutive meshes for twine tops having fewer than 75 meshes. The mesh 
in the twine top must be measured along the length of the twine top, 
running parallel to a longitudinal axis, and be at least five meshes 
away from where the twine top mesh meets the rings, running parallel to 
the long axis of the twine top.
    (5) Restrictions applicable to sea scallop dredges in the mid-
Atlantic--(i) Requirement to use chain mats. See Sec. 223.206(d)(11) of 
this chapter for chain mat requirements for scallop dredges.
    (ii) Requirement to use a turtle deflector dredge (TDD) frame--(A) 
From May 1 through November 30, any limited access scallop vessel using 
a dredge, regardless of dredge size or vessel permit category, or any 
LAGC IFQ scallop vessel fishing with a dredge with a width of 10.5 ft 
(3.2 m) or greater, that is fishing for scallops in waters west of 
71 deg. W. long., from the shoreline to the outer boundary of the EEZ, 
must use a TDD. The TDD requires five modifications to the rigid dredge 
frame, as specified in paragraphs (b)(5)(ii)(A)(1) through (5) of this 
section. See paragraph (b)(5)(ii)(D) of this section for more specific 
descriptions of the dredge elements mentioned below.
    (1) The cutting bar must be located in front of the depressor plate.
    (2) The acute angle between the plane of the bale and the strut must 
be less than or equal to 45 degrees.
    (3) All bale bars must be removed, except the outer bale (single or 
double) bars and the center support beam, leaving an otherwise 
unobstructed space between the cutting bar and forward bale wheels, if 
present. The center support beam must be less than 6 inches (15.24 cm) 
wide. For the purpose of flaring and safe handling of the dredge, a 
minor appendage not to exceed 12 inches (30.5 cm) in length may be 
attached to each of the outer bale bars. If the flaring bar is attached 
in a u-shape, none of the three sides of the flaring bar shall exceed 12 
inches (30.5 cm) in length. The appendage shall at no point be closer 
than 12 inches (30.5 cm) to the cutting bar.
    (4) Struts must be spaced 12 inches (30.5 cm) apart or less from 
each other, along the entire length of the frame.
    (5) Unless exempted, as specified in paragraph (b)(5)(ii)(B) of this 
section, the TDD must include a straight extension (``bump out'') 
connecting the outer bale bars to the dredge frame. This ``bump out'' 
must exceed 12 inches (30.5 cm) in length, as measured along the inside 
of the bale bar from the front of the cutting bar to the first bend in 
the bale bar.
    (B) A limited access scallop vessel that uses a dredge with a width 
less than 10.5 ft (3.2 m) is required to use a TDD, except that such a 
vessel is exempt from the ``bump out'' requirement specified in 
paragraph (b)(5)(ii)(A)(5) of this section. This exemption does not 
apply to LAGC vessels that use dredges with a width of less than 10.5 ft 
(3.2 m), because such vessels are exempted from the requirement to use a 
TDD, as specified in paragraph (b)(5)(ii) of this section.
    (C) A vessels subject to the requirements in paragraph (b)(5)(ii) of 
this section transiting waters west of 71 deg. W. long., from the 
shoreline to the outer boundary of the EEZ, is exempted from the 
requirement to only possess and use TDDs, provided the dredge gear is 
stowed and not available for immediate use as defined in Sec. 648.2.
    (D) TDD-related definitions. (1) The cutting bar refers to the 
lowermost horizontal bar connecting the outer bails at the dredge frame.
    (2) The depressor plate, also known as the pressure plate, is the 
angled piece of steel welded along the length of the top of the dredge 
frame.
    (3) The struts are the metal bars connecting the cutting bar and the 
depressor plate.
    (c) Crew restrictions. A limited access vessel participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people aboard, including the operator, and a limited access vessel 
participating in the Sea Scallop Area Access Program as specified in 
Sec. 648.60 may have no more than eight people aboard, including the 
operator, when not docked or moored in port, except as follows:

[[Page 668]]

    (1) [Reserved]
    (2) A vessel participating in the small dredge program is restricted 
as specified in paragraph (e) of this section;
    (3) The Regional Administrator may authorize additional people to be 
on board through issuance of a letter of authorization.
    (4) A certified at-sea observer is on board, as required by Sec. 
648.11(g).
    (d) Sorting and shucking machines. (1) Shucking machines are 
prohibited on all limited access vessels fishing under the scallop DAS 
program, or any vessel in possession of more than 600 lb (272.2 kg) of 
scallops, unless the vessel has not been issued a limited access scallop 
permit and fishes exclusively in state waters.
    (2) Sorting machines are prohibited on limited access vessels 
fishing under the scallop DAS program.
    (e) Small dredge program restrictions. Any vessel owner whose vessel 
is assigned to either the part-time or Occasional category may request, 
in the application for the vessel's annual permit, to be placed in one 
category higher. Vessel owners making such request may be placed in the 
appropriate higher category for the entire year, if they agree to comply 
with the following restrictions, in addition to, and notwithstanding 
other restrictions of this part, when fishing under the DAS program 
described in Sec. 648.53:
    (1) The vessel must fish exclusively with one dredge no more than 
10.5 ft (3.2 m) in width.
    (2) The vessel may not use or have more than one dredge on board. 
However, component parts may be on board the vessel such that they do 
not conform with the definition of ``dredge or dredge gear'' in Sec. 
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the 
dredge are not attached, and no more than one complete spare dredge 
could be made from these component's parts.
    (3) The vessel may have no more than five people, including the 
operator, on board, except as follows:
    (i) A vessel participating in the Sea Scallop Area Access Program as 
specified in Sec. 648.60 may have no more than six people, including 
the operator, on board.
    (ii) The Regional Administrator may authorize additional people to 
be on board through issuance of a letter of authorization.
    (iii) A certified at-sea observer is on board, as required by Sec. 
648.11(g).
    (f) Restrictions on the use of trawl nets. (1) A vessel issued a 
limited access scallop permit fishing for scallops under the scallop DAS 
allocation program may not fish with, possess on board, or land scallops 
while in possession of a trawl net, unless such vessel has been issued a 
limited access trawl vessel permit that endorses the vessel to fish for 
scallops with a trawl net. A limited access scallop vessel issued a 
trawl vessel permit that endorses the vessel to fish for scallops with a 
trawl net and general category scallop vessels enrolled in the Area 
Access Program as specified in Sec. 648.60, may not fish with a trawl 
net in the Access Areas specified in Sec. 648.59(b) through (d).
    (2) Replacement vessels. A vessel that is replacing a vessel 
authorized to use trawl nets to fish for scallops under scallop DAS may 
also be authorized to use trawl nets to fish for scallops under scallop 
DAS if it meets the following criteria:
    (i) Has not fished for scallops with a scallop dredge after December 
31, 1987; or
    (ii) Has fished for scallops with a scallop dredge on no more than 
10 trips from January 1, 1988, through December 31, 1994, has an engine 
horsepower no greater than 450.

[69 FR 35215, June 23, 2004, as amended at 69 FR 63473, Nov. 2, 2004; 71 
FR 33226, June 8, 2006; 72 FR 8288, Feb. 26, 2007; 72 FR 32558, June 13, 
2007; 73 FR 20122, Apr. 14, 2008; 74 FR 20554, May 4, 2009; 76 FR 43762, 
July 21, 2011; 77 FR 20738, Apr. 6, 2012; 78 FR 27100, May 9, 2013; 79 
FR 34259, June 16, 2014; 79 FR 52580, Sept. 4, 2014; 80 FR 22129, Apr. 
21, 2015; 81 FR 26375, May 4, 2016]



Sec. 648.52  Possession and landing limits.

    (a) A vessel issued an IFQ scallop permit that is declared into the 
IFQ scallop fishery as specified in Sec. 648.10(b), 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

[[Page 669]]

the state waters exemption program described in Sec. 648.54, may not 
possess or land, per trip, more than 600 lb (272.2 kg) of shucked 
scallops, or possess more than 75 bu (26.4 hL) 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 100 bu 
(35.2 hL) 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.
    (b) A vessel issued an NGOM scallop permit, or an IFQ scallop permit 
that is declared into the NGOM scallop fishery as described in Sec. 
648.62, unless exempted under the state waters exemption program 
described under Sec. 648.54, may not possess or land, per trip, more 
than 200 lb (90.7 kg) of shucked, or 25 bu (8.81 hL) of in-shell 
scallops. Such a vessel may land scallops only once in any calendar day. 
Such a vessel may possess up to 50 bu (17.6 hL) of in-shell scallops 
seaward of the VMS demarcation line on a properly declared NGOM scallop 
fishery trip.
    (c) A vessel issued an Incidental scallop permit, or an IFQ or NGOM 
scallop permit that is not declared into the IFQ or NGOM scallop fishery 
as required under Sec. 648.10(f), unless exempted under the state 
waters exemption program described under Sec. 648.54, may not possess 
or land, per trip, more than 40 lb (18.1 kg) of shucked, or 5 bu (1.76 
hL) of in-shell scallops. Such a vessel may land scallops only once in 
any calendar day. Such a vessel may possess up to 10 bu (3.52 hL) of in-
shell scallops seaward of the VMS Demarcation Line.
    (d) Owners or operators of vessels with a limited access scallop 
permit that have properly declared into the Sea Scallop Area Access 
Program as described in Sec. 648.60 are prohibited from fishing for or 
landing per trip, or possessing at any time, scallops in excess of any 
sea scallop possession and landing limit set by the Regional 
Administrator in accordance with Sec. 648.60(a)(5).
    (e) Owners or operators of vessels issued limited access permits 
fishing in or transiting the area south of 42 deg.20' N. lat. at any 
time during a trip are prohibited from fishing for, possessing, or 
landing per trip more than 50 bu (17.6 hl) of in-shell scallops 
shoreward of the VMS Demarcation Line, unless when fishing under the 
state waters exemption specified under Sec. 648.54.
    (f) A limited access vessel or an LAGC vessel that is declared into 
the Sea Scallop Area Access Program as described in Sec. 648.60, may 
not possess more than 50 bu (17.6 hL) or 75 bu (26.4 hL), respectively, 
of in-shell scallops outside of the Access Areas described in Sec. 
648.59(a) through (e).
    (g) Possession limit to defray the cost of observers for LAGC IFQ 
vessels. An LAGC IFQ vessel with an observer on board may retain, per 
observed trip, up to 1 day's allowance of the possession limit allocated 
to limited access vessels, as established by the Regional Administrator 
in accordance with Sec. 648.60(d), provided the observer set-aside 
specified in Sec. 648.60(d)(1) has not been fully utilized. For 
example, if the limited access vessel daily possession limit to defray 
the cost of an observer is 180 lb (82 kg), the LAGC IFQ possession limit 
to defray the cost of an observer would be 180 lb (82 kg) per trip, 
regardless of trip length.

[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]



Sec. 648.53  Acceptable biological catch (ABC), annual catch limits
(ACL), annual catch targets (ACT), DAS allocations, and individual
fishing quotas (IFQ).

    (a) Scallop fishery ABC. The ABC for the scallop fishery shall be 
established through the framework adjustment process specified in Sec. 
648.55 and is equal to the overall scallop fishery ACL minus discards. 
The ABC/ACL, after discards are removed, shall be divided as sub-ACLs 
between limited access vessels, limited access vessels that are fishing 
under a LAGC permit, and LAGC vessels as specified in paragraphs (a)(3) 
and (4) of this section, after deducting the scallop incidental catch 
target TAC specified in paragraph (a)(2) of this section, observer set-
aside specified in paragraph (g)(1) of this section, and research set-
aside

[[Page 670]]

specified in Sec. 648.56(d). The ABC/ACL for the 2017 fishing year is 
subject to change through a future framework adjustment.
    (1) ABC/ACL for fishing years 2016 through 2017, excluding discards, 
shall be:
    (i) 2016: 37,852 mt.
    (ii) 2017: 37,852 mt.
    (2) Scallop incidental catch target TAC. The annual incidental catch 
target TAC for vessels with incidental catch scallop permits is 22.7 mt.
    (3) Limited access fleet sub-ACL and ACT. The limited access scallop 
fishery shall be allocated 94.5 percent of the ACL specified in 
paragraph (a)(1) of this section, after deducting incidental catch, 
observer set-aside, and research set-aside, as specified in this 
paragraph (a)(3). ACT for the limited access scallop fishery shall be 
established through the framework adjustment process described in Sec. 
648.55. DAS specified in paragraph (b) of this section shall be based on 
the ACTs specified in paragraph (a)(3)(ii) of this section. The limited 
access fleet sub-ACL and ACT for the 2017 fishing year are subject to 
change through a future framework adjustment.
    (i) The limited access fishery sub-ACLs for fishing years 2016 and 
2017 are:
    (A) 2016: 36,884 mt.
    (B) 2017: 36,884 mt.
    (ii) The limited access fishery ACTs for fishing years 2016 and 2017 
are:
    (A) 2016: 18,290 mt.
    (B) 2017: 18,290 mt.
    (4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall 
be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of this 
section, after deducting incidental catch, observer set-aside, and 
research set-aside, as specified in this paragraph (a)(4). The LAGC IFQ 
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for 
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit 
shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of 
this section, after deducting incidental catch, observer set-aside, and 
research set-aside, as specified in this paragraph (a)(4). The ACL for 
the LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop 
permit and a limited access scallop permit shall be 0.5 percent of the 
ACL specified in paragraph (a)(1) of this section, after deducting 
incidental catch, observer set-aside, and research set-aside, as 
specified in this paragraph (a)(4).
    (i) The ACLs for fishing years 2016 and 2017 for LAGC IFQ vessels 
without a limited access scallop permit are:
    (A) 2016: 1,845 mt.
    (B) 2017: 1,845 mt.
    (ii) The ACLs for fishing years 2016 and 2017 for vessels issued 
both a LAGC and a limited access scallop permits are:
    (A) 2016: 184 mt.
    (B) 2017: 184 mt.
    (b) DAS allocations. DAS allocations for limited access scallop 
trips in all areas other than those specified in Sec. 648.59 shall be 
specified through the framework adjustment process, as specified in 
Sec. 648.55, using the ACT specified in paragraph (a)(3)(ii) of this 
section. A vessel's DAS shall be determined and specified in paragraph 
(b)(4) of this section by dividing the total DAS specified in the 
framework adjustment by the landings per unit effort (LPUE) specified in 
paragraph (b)(1) of this section, then dividing by the total number of 
vessels in the fleet.
    (1) Landings per unit effort (LPUE). LPUE is an estimate of the 
average amount of scallops, in pounds, that the limited access scallop 
fleet lands per DAS fished. The estimated LPUE is the average LPUE for 
all limited access scallop vessels fishing under DAS, and shall be used 
to calculate DAS specified in paragraph (b)(4) of this section, the DAS 
reduction for the AM specified in paragraph (b)(4)(ii) of this section, 
and the observer set-aside DAS allocation specified in paragraph (g)(1) 
of this section. LPUE shall be:
    (i) 2016 fishing year: 2,316 lb/DAS (1.051 kg/DAS).
    (ii) 2017 fishing year: 2,690 lb/DAS (1,220 kg/DAS).
    (iii) [Reserved]
    (2) [Reserved]
    (3) Assignment to DAS categories. Subject to the vessel permit 
application requirements specified in Sec. 648.4, for each fishing 
year, each vessel issued a limited access scallop permit shall be 
assigned to the DAS category (full-time, part-time, or occasional) it 
was

[[Page 671]]

assigned to in the preceding year, except as provided under the small 
dredge program specified in Sec. 648.51(e).
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (full-time, part-time, 
or occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category, excluding carryover DAS in 
accordance with paragraph (d) of this section. DAS allocations shall be 
determined by distributing the portion of ACT specified in paragraph 
(a)(3)(ii) of this section, as reduced by access area allocations 
specified in Sec. 648.59, and dividing that amount among vessels in the 
form of DAS calculated by applying estimates of open area LPUE specified 
in paragraph (b)(1) of this section. Allocation for part-time and 
occasional scallop vessels shall be 40 percent and 8.33 percent of the 
full-time DAS allocations, respectively. The annual open area DAS 
allocations for each category of vessel for the fishing years indicated 
are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                  Permit category                      2016       2017
------------------------------------------------------------------------
Full-Time.........................................      34.55      34.55
Part-Time.........................................      13.82      13.82
Occasional........................................       2.88       2.88
------------------------------------------------------------------------

    (5) [Reserved]
    (6) DAS allocations and other management measures are specified for 
each scallop fishing year, which begins on March 1 and ends on February 
28 (or February 29), unless otherwise noted.
    (c) Adjustments in annual DAS allocations. Annual DAS allocations 
shall be established for up to 3 fishing years through biennial 
framework adjustments as specified in Sec. 648.55. If a biennial 
framework action is not undertaken by the Council and implemented by 
NMFS before the beginning of the third year of each biennial adjustment, 
the third-year measures specified in the biennial framework adjustment 
shall remain in effect for the next fishing year. If a new biennial or 
other framework adjustment is not implemented by NMFS by the conclusion 
of the third year, the management measures from that third year would 
remain in place until a new action is implemented. The Council may also 
recommend adjustments to DAS allocations or other measures through a 
framework adjustment at any time.
    (d) End-of-year carry-over for open area DAS. With the exception of 
vessels that held a Confirmation of Permit History as described in Sec. 
648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused open area DAS on the last 
day of February of any year may carry over a maximum of 10 DAS, not to 
exceed the total open area DAS allocation by permit category, into the 
next year. DAS carried over into the next fishing year may only be used 
in open areas. Carry-over DAS are accounted for in setting the ACT for 
the limited access fleet, as specified in paragraph (a)(3)(ii) of this 
section. Therefore, if carry-over DAS result or contribute to an overage 
of the ACL, the limited access fleet AM specified in paragraph 
(b)(4)(ii) of this section would still apply, provided the AM exception 
specified in paragraph (b)(4)(iii) of this section is not invoked.
    (e) Accrual of DAS. All DAS fished shall be charged to the nearest 
minute. A vessel carrying an observer and authorized to be charged fewer 
DAS in Open Areas based on the total available DAS set aside under 
paragraph (g)(1) of this section shall be charged at a reduced rate as 
specified in paragraph (g)(1) of this section.
    (f) DAS credits--(1) Good Samaritan credit. A limited access vessel 
operating under the DAS program and that spends time at sea assisting in 
a USCG search and rescue operation or assisting the USCG in towing a 
disabled vessel, and that can document the occurrence through the USCG, 
will not accrue DAS for the time documented.
    (2) Canceled trip DAS credit. A limited access vessel operating 
under the DAS program and that ends a fishing trip prior to setting and/
or hauling fishing gear for any reason may request a cancelled trip DAS 
credit for the trip based on the following conditions and requirements:
    (i) There is no fish onboard the vessel and no fishing operations on 
the vessel

[[Page 672]]

were initiated, including setting and/or hauling fishing gear; and
    (ii) The owner or operator of the vessel fishing under a DAS program 
and required to use a VMS as specified under Sec. 648.10(b) makes an 
initial trip cancelation notification from sea, at the time the trip was 
canceled, or at the earliest opportunity prior to crossing the 
demarcation line as defined at Sec. 648.10(a). These reports are in the 
form of an email to NMFS Office of Law Enforcement and include at least 
the following information: Operator name; vessel name; vessel permit 
number; port where vessel will return; date trip started; estimated 
date/time of return to port; and a statement by the operator that no 
fish were onboard and no fishing activity occurred; and
    (iii) The owner or operator of the vessel operating under the DAS 
program required to use the IVR call in as specified under Sec. 
648.10(h) makes an initial trip cancelation notification to NMFS by 
calling the IVR back at the time the trip was canceled, or at the 
earliest opportunity prior to returning to port. This request must 
include at least the following information: Operator name; vessel name; 
vessel permit number; port where vessel will return; date trip started; 
estimated date/time of return to port; and a statement from the operator 
that no fish were onboard and no fishing activity occurred; and
    (iv) The owner or operator of the vessel requesting a canceled trip 
DAS credit, in addition to the requirements in paragraphs (f)(2)(ii) and 
(iii) of this section, submits a written DAS credit request form to NMFS 
within 30 days of the vessel's return to port from the canceled trip. 
This application must include at least the following information: Date 
and time when the vessel canceled the fishing trip; date and time of 
trip departure and landing; operator name; owner/corporation name; 
permit number; hull identification number; vessel name; date and time 
notification requirements specified under paragraphs (f)(2)(ii) and 
(iii) of this section were made; reason for canceling the trip; and 
owner/operator signature and date; and
    (v) The vessel trip report for the canceled trip as required under 
Sec. 648.7(b) is submitted along with the DAS credit request form; and
    (vi) For DAS credits that are requested near the end of the fishing 
year as defined at Sec. 648.2, and approved by the Regional 
Administrator, the credited DAS apply to the fishing year in which the 
canceled trip occurred. Credited DAS that remain unused at the end of 
the fishing year or that are not credited until the following fishing 
year may be carried over into the next fishing year, not to exceed the 
maximum number of carryover DAS as specified under paragraph (d) of this 
section.
    (3) Limited access scallop vessels fishing under the DAS program and 
landing scallops at a port located at or south of 39 deg. N. Lat. If 
landing scallops at a port located at or south of 39 deg. N. lat., a 
limited access vessel participating in the scallop DAS program may end 
its DAS trip once shoreward of the VMS Demarcation Line at or south of 
39 deg. N. lat. by declaring out of the scallop fishery. Once declared 
out of the scallop fishery, the vessel may cross seaward of the VMS 
Demarcation Line and steam to ports at or south of 39 deg. N. lat., to 
land scallops while not on a DAS, provided that the vessel complies with 
the following requirements:
    (i) The vessel must submit a Scallop Pre-landing Notification Form, 
as specified at Sec. 648.10(f)(4)(iv);
    (ii) The vessel's fishing gear is stowed and not available for 
immediate use as defined in Sec. 648.2;
    (iii) The vessel must return directly to port and offload scallops;
    (iv) The vessel must land scallops at a port located at or south of 
39 deg. N. lat.; and
    (v) The vessel may not possess in-shell scallops.
    (g) Set-asides for observer coverage. (1) To help defray the cost of 
carrying an observer, 1 percent of the ABC/ACL specified in paragraph 
(a)(1) of this section shall be set aside to be used by vessels that are 
assigned to take an at-sea observer on a trip. The total TAC for 
observer set aside is 379 mt in fishing year 2016, and 379 mt in fishing 
year 2017.
    (2) At the start of each scallop fishing year, the observer set-
aside specified in paragraph (g)(1) of this section

[[Page 673]]

initially shall be divided proportionally by access and open areas, 
based on the amount of effort allocated into each area, in order to set 
the compensation and coverage rates. NMFS shall monitor the observer 
set-aside usage and may transfer set-aside from one area to another if 
one area is using more or less set-aside than originally anticipated. 
The set-aside may be transferred from one area to another, based on NMFS 
in-house area-level monitoring that determines whether one area will 
likely have excess set-aside while another may not. The set-aside shall 
be considered completely harvested when the full one percent is landed, 
at which point there would be no more compensation for any observed 
scallop trip, regardless of area. NMFS shall continue to proactively 
adjust compensation rates and/or observer coverage levels mid-year in 
order to minimize the chance that the set-aside would be harvested prior 
to the end of the FY. Utilization of the set-aside shall be on a first-
come, first-served basis. When the set-aside for observer coverage has 
been utilized, vessel owners shall be notified that no additional 
scallop catch or DAS remain available to offset the cost of carrying 
observers. The obligation to carry and pay for an observer shall not be 
waived if set-aside is not available.
    (3) DAS set-aside for observer coverage. A limited access scallop 
vessel carrying an observer in open areas shall be compensated with 
reduced DAS accrual rates for each trip on which the vessel carries an 
observer. For each DAS that a vessel fishes for scallops with an 
observer on board, the DAS shall be charged at a reduced rate, based on 
an adjustment factor determined by the Regional Administrator on an 
annual basis, dependent on the cost of observers, catch rates, and 
amount of available set-aside. The Regional Administrator shall notify 
vessel owners of the cost of observers and the DAS adjustment factor 
through a permit holder letter issued prior to the start of each fishing 
year. This DAS adjustment factor may also be changed during the fishing 
year if fishery conditions warrant such a change. The number of DAS that 
are deducted from each trip based on the adjustment factor shall be 
deducted from the observer set-aside amount in the applicable fishing 
year.
    (h) Annual Individual fishing quotas--(1) IFQ restriction. For each 
fishing year of the IFQ program, a vessel issued an IFQ scallop permit 
may only harvest and land the total amount of scallop meats allocated in 
accordance with this subpart. Unless otherwise specified in this part, a 
vessel allocated scallop IFQ may not exceed the possession limits 
specified in Sec. 648.52 on any trip.
    (2) Calculation of IFQ. The ACL allocated to IFQ scallop vessels, 
and the ACL allocated to limited access scallop vessels issued IFQ 
scallop permits, as specified in paragraphs (a)(4)(i) and (ii) of this 
section, shall be used to determine the IFQ of each vessel issued an IFQ 
scallop permit. Each fishing year, the Regional Administrator shall 
provide the owner of a vessel issued an IFQ scallop permit issued 
pursuant to Sec. 648.4(a)(2)(ii) with the scallop IFQ for the vessel 
for the upcoming fishing year.
    (i) Individual fishing quota. The IFQ for an IFQ scallop vessel 
shall be the vessel's contribution percentage as specified in paragraph 
(h)(2)(iii) of this section and determined using the steps specified in 
paragraphs (h)(2)(ii) of this section, multiplied by the ACL allocated 
to the IFQ scallop fishery, or limited access vessels issued an IFQ 
scallop permit, as specified in paragraphs (a)(4)(i) and (ii) of this 
section.
    (ii) Contribution factor. An IFQ scallop vessel's contribution 
factor is calculated using the best year, years active, and index factor 
as specified in paragraphs (h)(2)(ii)(A) through (C) of this section. A 
vessel's contribution factor shall be provided to the owner of a 
qualified limited access general category vessel following initial 
application for an IFQ scallop permit as specified in Sec. 
648.4(a)(2)(ii)(E), consistent with confidentiality restrictions of the 
Magnuson-Stevens Act specified at 16 U.S.C. 1881a.
    (A) Best year determination. An eligible IFQ scallop vessel's 
highest scallop landings in any scallop fishing year that the vessel was 
issued a general category scallop permit between March 1, 2000, and 
November 1, 2004, shall be determined using NMFS dealer reports. Scallop 
landings in the 2004 fishing

[[Page 674]]

year must have occurred on or before November 1, 2004. If a dealer 
reported more than 400 lb (181.4 kg) of scallops landed on a trip, only 
400 lb (181.4 kg) will be credited for that trip toward the best year 
calculation. For dealer reports that indicate clearly that the landings 
were bushels of in-shell scallops, a conversion of 8.33 lb (3.78 kg) of 
scallop meats per bushel shall be used to calculate meat-weight, up to a 
maximum of 400 lb (181.4 kg) per trip.
    (B) Years active. For each eligible IFQ scallop vessel, the total 
number of scallop fishing years during the period March 1, 2000, through 
November 1, 2004, in which the vessel had a general category scallop 
permit and landed at least 1 lb (0.45 kg) of scallop meats, or in-shell 
scallops, shall be counted as active years based on NMFS dealer reports. 
Scallop landings in the 2004 fishing year must have occurred on or 
before November 1, 2004.
    (C) Index to determine contribution factor. For each eligible IFQ 
scallop vessel, the best year as determined pursuant to paragraph 
(a)(2)(ii)(E)(1) of this section shall be multiplied by the appropriate 
index factor specified in the following table, based on years active as 
specified in paragraph (a)(2)(ii)(E)(2) of this section. The resulting 
contribution factor shall determine its IFQ for each fishing year based 
on the allocation to general category scallop vessels as specified in 
paragraph (a)(4) of this section and the method of calculating the IFQ 
provided in paragraph (h) of this section.

------------------------------------------------------------------------
                      Years active                         Index factor
------------------------------------------------------------------------
1.......................................................           0.75
2.......................................................           0.875
3.......................................................           1.0
4.......................................................           1.125
5.......................................................           1.25
------------------------------------------------------------------------

    (D) Contribution factor example. If a vessel landed 48,550 lb 
(22,022 kg) of scallops in its best year, and was active in the general 
category scallop fishery for 5 years, the vessel's contribution factor 
is equal to 60,687 lb (27,527 kg) (48,550 lb (22,022 kg * 1.25).
    (iii) Contribution percentage. A vessel's contribution percentage 
shall be determined by dividing its contribution factor by the sum of 
the contribution factors of all vessels issued an IFQ scallop permit. 
Continuing the example in paragraph (h)(1)(ii)(D) of this section, the 
sum of the contribution factors for 380 IFQ scallop vessels is estimated 
for the purpose of this example to be 4.18 million lb (1,896 mt). The 
contribution percentage of the above vessel is 1.45 percent (60,687 lb 
(27,527 kg)/4.18 million lb (1,896 mt) = 1.45 percent). The contribution 
percentage for a vessel that is issued an IFQ scallop permit and whose 
owner has permanently transferred all of its IFQ to another IFQ vessel, 
as specified in paragraph (h)(5)(ii) of this section, shall be equal to 
0 percent.
    (iv) Vessel IFQ Example. Continuing the example in paragraphs 
(h)(1)(ii)(D) and (h)(1)(iii) of this section, with an ACL allocated to 
IFQ scallop vessels estimated for this example to be equal to 2.5 
million lb (1,134 mt), the vessel's IFQ would be 36,250 lb (16,443 kg) 
(1.45 percent * 2.5 million lb (1,134 mt)).
    (v) End-of-year carry-over for IFQ. (A) With the exception of 
vessels that held a confirmation of permit history as described in Sec. 
648.4(a)(2)(ii)(L) for the entire fishing year preceding the carry-over 
year, LAGC IFQ vessels that have unused IFQ on the last day of February 
of any year may carry over up to 15 percent of the vessel's original IFQ 
plus the total of IFQ transferred to such vessel minus the total IFQ 
transferred from such vessel (either temporary or permanent) IFQ into 
the next fishing year. For example, a vessel with a 10,000-lb (4,536-kg) 
IFQ and 5,000-lb (2,268-kg) of leased IFQ may carry over 2,250 lb (1,020 
kg) of IFQ (i.e., 15 percent of 15,000 lb (6,804 kg)) into the next 
fishing year if it landed 12,750 lb (5,783 kg) (i.e., 85 percent of 
15,000 lb (6,804 kg)) of scallops or less in the preceding fishing year. 
Using the same IFQ values from the example, if the vessel landed 14,000 
lb (6,350 kg) of scallops, it could carry over 1,000 lb (454 kg) of 
scallops into the next fishing year.
    (B) For accounting purposes, the combined total of all vessels' IFQ 
carry-over shall be added to the LAGC IFQ fleet's applicable ACL for the 
carry-over year. Any IFQ carried over that is landed in the carry-over 
fishing year shall be counted against the ACL specified in paragraph 
(a)(4)(i) of this section, as increased by the total

[[Page 675]]

carry-over for all LAGC IFQ vessels, as specified in this paragraph 
(h)(2)(v)(B). IFQ carry-over shall not be applicable to the calculation 
of the IFQ cap specified in paragraph (h)(3)(i) of this section and the 
ownership cap specified in paragraph (h)(3)(ii) of this section.
    (vi) AM for the IFQ fleet. If a vessel exceeds its IFQ, including 
all temporarily and permanently transferred IFQ, in a fishing year, the 
amount of landings in excess of the vessel's IFQ, including all 
temporarily and permanently transferred IFQ, shall be deducted from the 
vessel's IFQ as soon as possible in the fishing year following the 
fishing year in which the vessel exceeded its IFQ. If the AM takes 
effect, and an IFQ vessel lands more scallops than allocated after the 
AM is applied, the vessel shall have the IFQ landed in excess of its IFQ 
after applying the AM deducted from its IFQ in the subsequent fishing 
year. For example, a vessel with an initial IFQ of 1,000 lb (453.6 kg) 
in 2010 that lands 1,200 lb (544.3 kg) of scallops in 2010, and is 
initially allocated 1,300 lb (589.7 kg) of scallops in 2011 would be 
subject to an IFQ reduction equal to 200 lb (90.7 kg) to account for the 
200 lb (90.7 kg) overage in 2010. If that vessel lands 1,300 lb (589.7 
kg) of scallops in 2011 prior to application of the 200 lb (90.7 kg) 
deduction, the vessel would be subject to a deduction of 200 lb (90.7 
kg) in 2012. For vessels involved in a temporary IFQ transfer, the 
entire deduction shall apply to the vessel that acquired IFQ, not the 
transferring vessel. A vessel that has an overage that exceeds its IFQ 
in the subsequent fishing year shall be subject to an IFQ reduction in 
subsequent years until the overage is paid back. For example, a vessel 
with an IFQ of 1,000 lb (454 kg) in each year over a 3-year period that 
harvests 2,500 lb (1,134 kg) of scallops the first year would have a 
1,500-lb (680-kg) IFQ deduction, so that it would have zero pounds to 
harvest in year 2, and 500 lb (227 kg) to harvest in year 3. A vessel 
that has a ``negative'' IFQ balance, as described in the example, could 
lease or transfer IFQ to balance the IFQ, provided there are no 
sanctions or other enforcement penalties that would prohibit the vessel 
from acquiring IFQ.
    (3) IFQ ownership restrictions--(i) IFQ scallop vessel IFQ cap. (A) 
Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C) of this 
section, a vessel issued an IFQ scallop permit or confirmation of permit 
history shall not be issued more than 2.5 percent of the ACL allocated 
to the IFQ scallop vessels as described in paragraph (a)(4)(ii) of this 
section.
    (B) A vessel may be initially issued more than 2.5 percent of the 
ACL allocated to the IFQ scallop vessels as described in paragraph 
(a)(4)(i) of this section, if the initial determination of its 
contribution factor specified in accordance with Sec. 
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in 
an IFQ that exceeds 2.5 percent of the ACL allocated to the IFQ scallop 
vessels as described in paragraph (a)(4)(i) of this section. A vessel 
that is allocated an IFQ that exceeds 2.5 percent of the ACL allocated 
to the IFQ scallop vessels as described in paragraph (a)(4)(i) of this 
section, in accordance with this paragraph (h)(3)(i)(B), may not receive 
IFQ through an IFQ transfer, as specified in paragraph (h)(5) of this 
section. All scallops that have been allocated as part of the original 
IFQ allocation or transferred to a vessel during a given fishing year 
shall be counted towards the vessel cap.
    (C) A vessel initially issued a 2008 IFQ scallop permit or 
confirmation of permit history, or that was issued or renewed a limited 
access scallop permit or confirmation of permit history for a vessel in 
2009 and thereafter, in compliance with the ownership restrictions in 
paragraph (h)(3)(i)(A) of this section, is eligible to renew such 
permits(s) and/or confirmation(s) of permit history, regardless of 
whether the renewal of the permit or confirmations of permit history 
will result in the 2.5-percent IFQ cap restriction being exceeded.
    (ii) IFQ ownership cap. (A) For any vessel acquired after June 1, 
2008, a vessel owner is not eligible to be issued an IFQ scallop permit 
for the vessel, and/or a confirmation of permit history, and is not 
eligible to transfer IFQ to the vessel, if, as a result of the issuance 
of the permit and/or confirmation of permit history, or IFQ transfer,

[[Page 676]]

the vessel owner, or any other person who is a shareholder or partner of 
the vessel owner, will have an ownership interest in more than 5 percent 
of the ACL allocated to the IFQ scallop vessels as described in 
paragraph (a)(4)(i) of this section.
    (B) Vessel owners who were initially issued a 2008 IFQ scallop 
permit or confirmation of permit history, or who were issued or renewed 
a limited access scallop permit or confirmation of permit history for a 
vessel in 2009 and thereafter, in compliance with the ownership 
restrictions in paragraph (h)(3)(ii)(A) of this section, are eligible to 
renew such permits(s) and/or confirmation(s) of permit history, 
regardless of whether the renewal of the permits or confirmations of 
permit history will result in the 5-percent ownership restriction being 
exceeded.
    (C) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (iii) Limited access scallop vessels that have been issued an IFQ 
scallop permit. The IFQ scallop vessel IFQ cap and IFQ ownership cap 
specified in this paragraph (h)(3) do not apply to limited access 
scallop vessels that are also issued a limited access general category 
scallop permit because such vessels are already subject to an ownership 
limitation, as specified in Sec. 648.4(a)(2)(i)(M).
    (4) IFQ cost recovery. A fee, not to exceed 3 percent of the ex-
vessel value of IFQ scallops harvested, shall be collected to recover 
the costs associated with management, data collection, and enforcement 
of the IFQ program. The owner of a vessel issued an IFQ scallop permit 
and subject to the IFQ program specified in this paragraph (h)(4), shall 
be responsible for paying the fee as specified by NMFS in this paragraph 
(h)(4). An IFQ scallop vessel shall incur a cost recovery fee liability 
for every landing of IFQ scallops. The IFQ scallop permit holder shall 
be responsible for collecting the fee for all of its vessels' IFQ 
scallop landings, and shall be responsible for submitting this payment 
to NMFS once per year. The cost recovery fee for all landings, 
regardless of ownership changes throughout the fishing year, shall be 
the responsibility of the official owner of the vessel, as recorded in 
the vessel permit or confirmation of permit history file, at the time 
the bill is sent.
    (i) Cost recovery fee determination. The ex-vessel value of scallops 
shall be determined as an average of the ex-vessel value, as determined 
by Northeast Federal dealer reports, of all IFQ scallops landed between 
March 1 and September 30 of the initial year of the IFQ scallop program, 
and from October 1 through September 30 of each year thereafter.
    (ii) Fee payment procedure. On or about October 31 of each year, 
NMFS shall mail a cost recovery bill to each IFQ scallop permit holder 
for the previous cost recovery period. An IFQ scallop permit holder who 
has incurred a fee must pay the fee to NMFS by January 1 of each year. 
Cost recovery payments shall be made electronically via the Federal web 
portal, www.pay.gov, or other Internet sites as designated by the 
Regional Administrator. Instructions for electronic payment shall be 
available on both the payment Web site and the paper bill. Payment 
options shall include payment via a credit card, as specified in the 
cost recovery bill, or via direct automated clearing house (ACH) 
withdrawal from a designated checking account. Payment by check may be 
authorized by NMFS if it has determined that electronic payment is not 
possible (for example, if the geographical area of an individual(s) is 
affected by catastrophic conditions).
    (iii) Payment compliance. An IFQ scallop permit holder that has 
incurred an IFQ cost recovery fee must pay the fee to NMFS by January 1 
of each year. If the cost recovery payment, as determined by NMFS, is 
not made by January 1, NMFS may deny the renewal of the IFQ scallop 
permit until full payment is received. If, upon preliminary review of 
the accuracy and completeness of a fee payment, NMFS determines the IFQ 
scallop permit holder has not paid the full amount due, NMFS shall 
notify the IFQ scallop permit holder by letter. NMFS shall explain the 
discrepancy and provide the IFQ scallop permit holder 30 days to either 
pay the amount specified by

[[Page 677]]

NMFS or to provide evidence that the amount paid was correct. If the IFQ 
scallop permit holder submits evidence in support of his/her payment, 
NMFS shall determine if there is any remaining disagreement as to the 
appropriate IFQ fee, and prepare a Final Administrative Determination 
(FAD). The FAD shall set out the facts, discuss those facts within the 
context of the relevant agency policies and regulations, and make a 
determination as to the appropriate disposition of the matter. A FAD 
shall be the final agency action, and, if the FAD determines that the 
IFQ scallop permit holder is out of compliance, the FAD shall require 
payment within 30 days. If a FAD is not issued until after the start of 
the fishing year, the IFQ scallop permit holder may be authorized to 
fish temporarily by the Regional Administrator until the FAD is issued, 
at which point the permit holder shall have 30 days to comply with the 
terms of the FAD or the IFQ scallop permit shall not be issued until 
such terms are met. If NMFS determines that the IFQ scallop permit 
holder owes additional fees for the previous cost recovery period, and 
the IFQ scallop permit has already been renewed, NMFS shall issue a FAD, 
at which point the permit holder shall have 30 days to comply with the 
terms of the FAD or NMFS may withdraw the issuance of the IFQ scallop 
permit until such terms are met. If such payment is not received within 
30 days of issuance of the FAD, NMFS shall refer the matter to the 
appropriate authorities within the U.S. Department of the Treasury for 
purposes of collection, and no IFQ permit held by the permit holder may 
be renewed until the terms of the FAD are met. If NMFS determines that 
the conditions of the FAD have been met, the IFQ permit holder may renew 
the IFQ scallop permit(s). If NMFS does not receive full payment prior 
to the end of the fishing year, the IFQ scallop permit shall be 
considered voluntarily abandoned, pursuant to Sec. 648.4(a)(2)(ii)(K), 
unless otherwise determined by the Regional Administrator.
    (5) Transferring IFQ--(i) Temporary IFQ transfers. Subject to the 
restrictions in paragraph (h)(5)(iii) of this section, the owner of an 
IFQ scallop vessel (and/or IFQ scallop permit in confirmation of permit 
history) not issued a limited access scallop permit may temporarily 
transfer (e.g., lease) its entire IFQ allocation, or a portion of its 
IFQ allocation, to another IFQ scallop vessel. Temporary IFQ transfers 
shall be effective only for the fishing year in which the temporary 
transfer is requested and processed. For the remainder of the 2013 
fishing year, IFQ, once temporarily transferred, cannot be temporarily 
transferred again to another vessel. Beginning on March 1, 2014, IFQ can 
be temporarily transferred more than once (i.e., re-transferred). For 
example, if a vessel temporarily transfers IFQ to a vessel, the 
transferee vessel may re-transfer any portion of that IFQ to another 
vessel. There is no limit on how many times IFQ can be re-transferred in 
a fishing year after March 1, 2014. The Regional Administrator has final 
approval authority for all temporary IFQ transfer requests.
    (ii) Permanent IFQ transfers. (A) Subject to the restrictions in 
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop 
vessel (and/or IFQ scallop permit in confirmation of permit history) not 
issued a limited access scallop permit may transfer IFQ permanently to 
or from another IFQ scallop vessel. Any such transfer cannot be limited 
in duration and is permanent as to the transferee, unless the IFQ is 
subsequently permanently transferred to another IFQ scallop vessel. For 
the remainder of the 2013 fishing year, IFQ permanently transferred to a 
vessel during the 2013 fishing year may then be temporarily transferred 
(i.e., leased) to another vessel(s) in any amount not to exceed the 
original permanent transfer. IFQ may be permanently transferred to a 
vessel and then be re-transferred (temporarily transferred (i.e., 
leased) or permanently transferred) by such vessel to another vessel in 
the same fishing year. There is no limit on how many times IFQ can be 
re-transferred in a fishing year after March 1, 2014.
    (B) If a vessel owner permanently transfers the vessel's entire IFQ 
to another IFQ vessel, the LAGC IFQ scallop permit shall remain valid on 
the transferor vessel, unless the owner of the

[[Page 678]]

transferor vessel cancels the IFQ scallop permit. Such cancellation 
shall be considered voluntary relinquishment of the IFQ permit, and the 
vessel shall be ineligible for an IFQ scallop permit unless it replaces 
another vessel that was issued an IFQ scallop permit. The Regional 
Administrator has final approval authority for all IFQ transfer 
requests.
    (iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel 
(and/or IFQ scallop permit in confirmation of permit history) not issued 
a limited access scallop permit may transfer that vessel's IFQ to 
another IFQ scallop vessel, regardless of whether or not the vessel has 
fished under its IFQ in the same fishing year. Requests for IFQ 
transfers cannot be less than 100 lb (46.4 kg), unless that the transfer 
reflects the total IFQ amount remaining on the transferor's vessel, or 
the entire IFQ allocation. IFQ may be temporarily or permanently 
transferred to a vessel and then temporarily re-transferred (i.e., 
leased) or permanently re-transferred by such vessel to another vessel 
in the same fishing year. There is no restriction on how many times IFQ 
can be re-transferred. A transfer of an IFQ may not result in the sum of 
the IFQs on the receiving vessel exceeding 2.5 percent of the ACL 
allocated to IFQ scallop vessels. A transfer of an IFQ, whether 
temporary or permanent, may not result in the transferee having a total 
ownership of, or interest in, general category scallop allocation that 
exceeds 5 percent of the ACL allocated to IFQ scallop vessels. Limited 
access scallop vessels that are also issued an IFQ scallop permit may 
not transfer to or receive IFQ from another IFQ scallop vessel.
    (iv) Application for an IFQ transfer. The owners of vessels applying 
for a transfer of IFQ must submit a completed application form obtained 
from the Regional Administrator. The application must be signed by both 
parties (transferor and transferee) involved in the transfer of the IFQ, 
and must be submitted to the NMFS Northeast Regional Office at least 30 
days before the date on which the applicants desire to have the IFQ 
effective on the receiving vessel. The Regional Administrator shall 
notify the applicants of any deficiency in the application pursuant to 
this section. Applications may be submitted at any time during the 
scallop fishing year, regardless of whether or not the vessel has fished 
under its IFQ in the same fishing year. Applications for temporary 
transfers received less than 45 days prior to the end of the fishing 
year may not be processed in time for a vessel to utilize the 
transferred IFQ, if approved, prior to the expiration of the fishing 
year.
    (A) Application information requirements. An application to transfer 
IFQ must contain at least the following information: Transferor's name, 
vessel name, permit number, and official number or state registration 
number; transferee's name, vessel name, permit number, and official 
number or state registration number; total price paid for purchased IFQ; 
signatures of transferor and transferee; and date the form was 
completed. In addition, applications to transfer IFQ must indicate the 
amount, in pounds, of the IFQ allocation transfer. Information obtained 
from the transfer application will be held confidential, and will be 
used only in summarized form for management of the fishery. If the 
applicants are requesting a transfer of IFQ that has already been 
transferred in a given fishing year, both parties must be up-to-date 
with all data reporting requirements (e.g., all necessary VMS catch 
reports, VTR, and dealer data must be submitted) in order for the 
application to be processed.
    (B) Approval of IFQ transfer applications. Unless an application to 
transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both parties involved in the transfer within 30 
days of receipt of an application.
    (C) Denial of transfer application. The Regional Administrator may 
reject an application to transfer IFQ for any of the following reasons: 
The application is incomplete; the transferor or transferee does not 
possess a valid limited access general category permit; the transferor's 
or transferee's vessel or

[[Page 679]]

IFQ scallop permit has been sanctioned, pursuant to a final 
administrative decision or settlement of an enforcement proceeding; the 
transfer will result in the transferee's vessel having an allocation 
that exceeds 2.5 percent of the ACL allocated to IFQ scallop vessels; 
the transfer will result in the transferee having a total ownership of, 
or interest in, a general category scallop allocation that exceeds 5 
percent of the ACL allocated to IFQ scallop vessels; or any other 
failure to meet the requirements of the regulations in 50 CFR part 648. 
Upon denial of an application to transfer IFQ, the Regional 
Administrator shall send a letter to the applicants describing the 
reason(s) for the rejection. The decision by the Regional Administrator 
is the final agency decision, and there is no opportunity to appeal the 
Regional Administrator's decision. An application that was denied can be 
resubmitted if the discrepancy(ies) that resulted in denial are 
resolved.

[73 FR 20123, Apr. 14, 2008, as amended at 73 FR 30804, May 29, 2008; 74 
FR 20555, May 4, 2008; 75 FR 36570, June 28, 2010; 76 FR 43763, 43786, 
July 21, 2011; 77 FR 16946, Mar. 23, 2012; 77 FR 20739, Apr. 6, 2012; 78 
FR 27100, May 9, 2013; 78 FR 42891, July 18, 2013; 79 FR 34260, June 16, 
2014; 80 FR 22129, Apr. 21, 2015; 81 FR 26735, May 4, 2016]



Sec. 648.54  State waters exemption.

    (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 has 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 
permit fishing in State of Maine waters may fish under the State of 
Maine state waters exemption specified in paragraph (d) of this section, 
provided the vessel is in compliance with paragraphs (e) through (g) of 
this section.
    (b) Limited access scallop vessel exemption. Any vessel issued a 
limited access scallop permit is exempt from the DAS requirements 
specified in Sec. 648.53(b) while fishing exclusively landward of the 
outer boundary of the waters of a state that has been issued a state 
waters exemption under paragraph (a)(4) of this section, provided the 
vessel complies with paragraphs (f) through (h) of this section.
    (c) Gear and possession limit restrictions. Any vessel issued a 
limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop 
permit is exempt from the minimum twine top mesh size for scallop dredge 
gear specified in Sec. 648.51(b)(2) and (b)(4)(iv) while fishing 
exclusively landward of the outer boundary of the waters of the State of 
Maine under the state waters exemption specified in paragraph (a)(4) of 
this section, provided the vessel is in compliance with paragraphs (d) 
through (g) of this section.

[[Page 680]]

    (d) NGOM closure exemption. Any vessel issued a Federal scallop 
permit may be exempt from the regulations specified in Sec. 
648.52(b)(2) requiring that once the NGOM Federal hard TAC is reached, 
no vessel issued a scallop permit may fish in the NGOM area. This 
exemption, which a state must apply for through the process specified in 
paragraph (a) of this section, would allow vessels to continue to fish 
for scallops within a state's waters inside the NGOM. A state applying 
for this exemption must clarify to which scallop permit types this 
exemption would apply.
    (e) Notification requirements. Vessels fishing under the exemptions 
specified in paragraph (b) and/or (c) of this section must notify the 
Regional Administrator in accordance with the provisions of Sec. 
648.10(e).
    (f) Restriction on fishing in the EEZ. A vessel fishing under a 
state waters exemption may not fish in the EEZ during the time in which 
it is fishing under the state waters exemption, as declared under the 
notification requirements of this section.
    (g) Duration of exemption. An exemption expires upon a change in the 
vessel's name or ownership, or upon notification through VMS by the 
participating vessel's owner.
    (h) Applicability of other provisions of this part. A vessel fishing 
under the exemptions provided by paragraph (b) and/or (c) of this 
section remains subject to all other requirements of this part.

[69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 
FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, July 30, 
2009; 78 FR 27104, May 9, 2013; 80 FR 22131, Apr. 21, 2015; 80 FR 60569, 
Nov. 6, 2015]



Sec. 648.55  Framework adjustments to management measures.

    (a) At least biennially, the Council shall assess the status of the 
scallop resource, determine the adequacy of the management measures to 
achieve scallop resource conservation objectives, and initiate a 
framework adjustment to establish scallop fishery management measures 
for the 2-year period beginning with the scallop fishing year 
immediately following the year in which the action is initiated. The PDT 
shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report 
that provides the information and analysis needed to evaluate potential 
management adjustments. The framework adjustment shall establish OFL, 
ABC, ACL, ACT, DAS allocations, rotational area management programs, 
percentage allocations for limited access general category vessels in 
Sea Scallop Access Areas, scallop possession limits, AMs, and other 
measures to achieve FMP objectives and limit fishing mortality. The 
Council's development of rotational area management adjustments shall 
take into account at least the following factors: General rotation 
policy; boundaries and distribution of rotational closures; number of 
closures; minimum closure size; maximum closure extent; enforceability 
of rotational closed and re-opened areas; monitoring through resource 
surveys; and re-opening criteria. Rotational closures should be 
considered where projected annual change in scallop biomass is greater 
than 30 percent. Areas should be considered for Sea Scallop Access Areas 
where the projected annual change in scallop biomass is less than 15 
percent.
    (b) 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.
    (c) OFL, ABC, ACL, ACT, and AMs. The Council shall specify OFL, ABC, 
ACL, ACT, and AMs, as applicable, for each year covered under the 
biennial or other framework adjustment.
    (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 (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 specified in paragraphs (c)(2) through (c)(5) of this section.

[[Page 681]]

    (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 
specified in paragraph (c)(2) of this section, taking into account all 
sources of fishing mortality in the limited access and LAGC fleets of 
the scallop fishery.
    (3) ABC. The Council shall specify ABC for each year covered under 
the biennial or other framework adjustment. ABC shall be the catch that 
has an associated F that has a 75-percent probability of remaining below 
the F associated with OFL. ABC shall be equal to ACL for the scallop 
fishery.
    (4) Deductions from ABC. Incidental catch, equal to the value 
established in Sec. 648.53(a)(2), shall be removed from ABC/ACL. One 
percent of ABC/ACL shall be removed from ABC/ACL for observer set-aside. 
Scallop catch equal to the value specified in Sec. 648.56(d) shall be 
removed from ABC/ACL for research set-aside. These deductions for 
incidental catch, observer set-aside, and research set-aside, shall be 
made prior to establishing ACLs for the limited access and LAGC fleets, 
as specified in paragraph (c)(4) of this section.
    (5) Sub-ACLs for the limited access and LAGC fleets. The Council 
shall specify sub-ACLs for the limited access and LAGC fleets for each 
year covered under the biennial or other framework adjustment. After 
applying the deductions as specified in paragraph (a)(4) of this 
section, a sub-ACL equal to 94.5 percent of the ABC/ACL shall be 
allocated to the limited access fleet. After applying the deductions as 
specified in paragraph (a)(4) of this section, a sub-ACL of 5.5 percent 
of ABC/ACL shall be allocated to the LAGC fleet, so that 5 percent of 
ABC/ACL is allocated to the LAGC fleet of vessels that do not also have 
a limited access scallop permit, and 0.5 percent of the ABC/ACL is 
allocated to the LAGC fleet of vessels that have limited access scallop 
permits. This specification of sub-ACLs shall not account for catch 
reductions associated with the application of AMs or adjustment of the 
sub-ACL as a result of the limited access AM exception as specified in 
Sec. 648.53(b)(4)(iii).
    (6) ACT for the limited access and LAGC fleets. The Council shall 
specify ACTs for the limited access and LAGC fleets for each year 
covered under the biennial or other framework adjustment. The ACT for 
the limited access fishery shall be set at a level that has an 
associated F with a 75-percent probability of remaining below the F 
associated with ABC/ACL. The LAGC ACT shall be set equal to the LAGC 
sub-ACL as specified in paragraph (a)(5) of this section.
    (7) AMs. The Council shall specify AMs for the limited access and 
LAGC fleets for each year covered under the biennial or other framework 
adjustment. For the limited access scallop fleet, AMs result in a DAS 
reduction for each limited access scallop vessel as specified in Sec. 
648.53(b)(4)(ii). For the LAGC scallop fleet, AMs result in an IFQ 
deduction for each vessel issued a LAGC scallop permit as specified in 
Sec. 648.53(h)(2)(vi).
    (d) Yellowtail flounder and windowpane flounder sub-ACLs. The 
Council shall specify the yellowtail flounder and windowpane flounder 
sub-ACLs allocated to the scallop fishery through the framework 
adjustment process specified in Sec. 648.90.
    (e) Third-year default management measures. The biennial framework 
action shall include default management measures that shall be effective 
in the third year unless replaced by the measures included in the next 
biennial framework action. If the biennial framework action is not 
published in the Federal Register with an effective date on or before 
March 1, in accordance with the Administrative Procedure Act, the third-
year measures shall be effective beginning March 1 of each fishing year 
until the framework adjustment is implemented, or for the entire fishing 
year if the framework adjustment is completed or is not implemented by 
NMFS for the third year. The framework action shall specify the

[[Page 682]]

measures necessary to address inconsistencies between specifications and 
allocations for the period after March 1 but before the framework 
adjustment is implemented for that year. In the case of third-year 
measures of a biennial adjustment being implemented, if no framework 
adjustment has been implemented by March 1 of the following year, the 
measures from the preceding year shall continue to be in effect until 
replaced by subsequent action.
    (f) After considering the PDT's findings and recommendations, or at 
any other time, if the Council determines that adjustments to, or 
additional management measures are necessary, it shall develop and 
analyze appropriate management actions over the span of at least two 
Council meetings. To address interactions between the scallop fishery 
and sea turtles and other protected species, such adjustments may 
include proactive measures including, but not limited to, the timing of 
Sea Scallop Access Area openings, seasonal closures, gear modifications, 
increased observer coverage, and additional research. The Council shall 
provide the public with advance notice of the availability of both the 
proposals and the analyses, and opportunity to comment on them prior to 
and at the second Council meeting. The Council's recommendation on 
adjustments or additions to management measures must include measures to 
prevent overfishing of the available biomass of scallops and ensure that 
OY is achieved on a continuing basis, and must come from one or more of 
the following categories:
    (1) Total allowable catch and DAS changes;
    (2) Shell height;
    (3) Offloading window reinstatement;
    (4) Effort monitoring;
    (5) Data reporting;
    (6) Trip limits;
    (7) Gear restrictions;
    (8) Permitting restrictions;
    (9) Crew limits;
    (10) Small mesh line;
    (11) Onboard observers;
    (12) Modifications to the overfishing definition;
    (13) VMS Demarcation Line for DAS monitoring;
    (14) DAS allocations by gear type;
    (15) Temporary leasing of scallop DAS requiring full public 
hearings;
    (16) Scallop size restrictions, except a minimum size or weight of 
individual scallop meats in the catch;
    (17) Aquaculture enhancement measures and closures;
    (18) Closed areas to increase the size of scallops caught;
    (19) Modifications to the opening dates of closed areas;
    (20) Size and configuration of rotational management areas;
    (21) Controlled access seasons to minimize bycatch and maximize 
yield;
    (22) Area-specific trip allocations;
    (23) TAC specifications and seasons following re-opening;
    (24) Limits on number of area closures;
    (25) Set-asides for funding research;
    (26) Priorities for scallop-related research that is funded by 
research TAC set-aside;
    (27) Finfish TACs for controlled access areas;
    (28) Finfish possession limits;
    (29) Sea sampling frequency;
    (30) Area-specific gear limits and specifications;
    (31) Modifications to provisions associated with observer set-
asides; observer coverage; observer deployment; observer service 
provider; and/or the observer certification regulations;
    (32) Specifications for IFQs for limited access general category 
vessels;
    (33) Revisions to the cost recovery program for IFQs;
    (34) Development of general category fishing industry sectors and 
fishing cooperatives;
    (35) Adjustments to the Northern Gulf of Maine scallop fishery 
measures;
    (36) VMS requirements;
    (37) Increases or decreases in the LAGC possession limit;
    (38) Adjustments to aspects of ACL management;
    (39) Adjusting EFH closed area management boundaries or other 
associated measures;
    (40) Changes to the SBRM, including the CV-based performance 
standard, the means by which discard data are collected/obtained, 
fishery stratification, the process for prioritizing observer sea-day 
allocations, reports,

[[Page 683]]

and/or industry-funded observers or observer set-aside programs; and
    (41) Any other management measures currently included in the FMP.
    (g) The Council may make recommendations to the Regional 
Administrator to implement measures in accordance with the procedures 
described in this section to address gear conflict as defined under 
Sec. 600.10 of this chapter. In developing such recommendation, the 
Council shall define gear management areas, each not to exceed 2,700 
mi\2\ (6,993 km\2\), and seek industry comments by referring the matter 
to its standing industry advisory committee for gear conflict, or to any 
ad hoc industry advisory committee that may be formed. The standing 
industry advisory committee or ad hoc committee on gear conflict shall 
hold public meetings seeking comments from affected fishers and develop 
findings and recommendations on addressing the gear conflict. After 
receiving the industry advisory committee findings and recommendations, 
or at any other time, the Council shall determine whether it is 
necessary to adjust or add management measures to address gear conflicts 
and which FMPs must be modified to address such conflicts. If the 
Council determines that adjustments or additional measures are 
necessary, it shall develop and analyze appropriate management actions 
for the relevant FMPs over the span of at least two Council meetings. 
The Council shall provide the public with advance notice of the 
availability of the recommendation, the appropriate justification and 
economic and biological analyses, and opportunity to comment on them 
prior to and at the second or final Council meeting before submission to 
the Regional Administrator. The Council's recommendation on adjustments 
or additions to management measures for gear conflicts must come from 
one or more of the following categories:
    (1) Monitoring of a radio channel by fishing vessels;
    (2) Fixed-gear location reporting and plotting requirements;
    (3) Standards of operation when gear conflict occurs;
    (4) Fixed-gear marking and setting practices;
    (5) Gear restrictions for specific areas (including time and area 
closures);
    (6) VMS;
    (7) Restrictions on the maximum number of fishing vessels or amount 
of gear; and
    (8) Special permitting conditions.
    (h) The measures shall be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council may return the proposed 
framework adjustment to the standing or ad hoc gear conflict committee 
for further review and discussion.
    (i) Unless otherwise specified, after developing a framework 
adjustment and receiving public testimony, the Council shall make a 
recommendation to the Regional Administrator. The Council's 
recommendation must include supporting rationale and, if management 
measures are recommended, an analysis of impacts and a recommendation to 
the Regional Administrator on whether to publish the framework 
adjustment as a final rule. If the Council recommends that the framework 
adjustment should be published as a final rule, the Council must 
consider at least the following factors and provide support and analysis 
for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry, 
consistent with the Administrative Procedure Act, in the development of 
the Council's recommended management measures;
    (3) Whether there is an immediate need to protect the resource or to 
impose management measures to resolve gear conflicts; and
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (j) If the Council's recommendation includes adjustments or 
additions to

[[Page 684]]

management measures, and if, after reviewing the Council's 
recommendation and supporting information:
    (1) The Regional Administrator approves the Council's recommended 
management measures, the Secretary may, for good cause found pursuant to 
the Administrative Procedure Act, waive the requirement for a proposed 
rule and opportunity for public comment in the Federal Register. The 
Secretary, in doing so, shall publish only the final rule. Submission of 
a recommendation by the Council for a final rule does not affect the 
Secretary's responsibility to comply with the Administrative Procedure 
Act; or
    (2) The Regional Administrator approves the Council's recommendation 
and determines that the recommended management measures should be 
published first as a proposed rule, the action shall be published as a 
proposed rule in the Federal Register. After additional public comment, 
if the Regional Administrator concurs with the Council recommendation, 
the action shall be published as a final rule in the Federal Register; 
or
    (3) The Regional Administrator does not concur, the Council shall be 
notified, in writing, of the reasons for the non-concurrence.
    (k) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action under section 305(c) of the 
Magnuson-Stevens Act.

[76 FR 43766, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 79 
FR 34262, June 16, 2014; 80 FR 37194, June 30, 2015]



Sec. 648.56  Scallop research.

    (a) At least biennially, in association with the biennial framework 
process, the Council and NMFS shall prepare and issue an announcement of 
Federal Funding Opportunity (FFO) that identifies research priorities 
for projects to be conducted by vessels using research set-aside as 
specified in paragraph (d) of this section and Sec. 648.60(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 or Access Areas. 
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 1.25 million lb (567 mt) 
annually, which shall be deducted from the ABC/ACL specified in Sec. 
648.53(a) prior to setting ACLs for the limited access and LAGC fleets, 
as specified in Sec. 648.53(a)(3) and (a)(4), respectively. Approved 
RSA projects shall be allocated an amount of scallop pounds that can be 
harvested in open areas and available access areas. The specific access 
areas that are open to RSA harvest shall be specified through the 
framework process as identified in Sec. 648.60(e)(1). In a year in 
which a framework adjustment is under review by the Council and/or NMFS, 
NMFS shall make RSA awards prior to approval of the framework, if 
practicable, based on total scallop pounds needed to fund each research 
project. Recipients may begin compensation fishing in open areas prior 
to approval of the framework, or wait until NMFS approval of the 
framework to begin compensation fishing within approved access areas.
    (e) If all RSA TAC is not allocated in a fishing year, and proceeds 
from compensation fishing for approved projects fall short of funds 
needed to cover a

[[Page 685]]

project's budget due to a lower-than-expected scallop price, unused RSA 
allocation can be provided to that year's awarded projects to compensate 
for the funding shortfall, or to expand a project, rather than having 
that RSA go unused. NMFS shall identify the process for the reallocation 
of available RSA pounds as part of the FFO for the RSA program. The FFO 
shall specify the conditions under which a project that has been awarded 
RSA could be provided additional RSA pounds as supplemental compensation 
to account for lower-than-expected scallop price or for expansion of the 
project, timing of reallocation, and information submission 
requirements.
    (f) If all RSA pounds awarded to a project cannot be harvested 
during the applicable fishing year, RSA TAC awarded to that project may 
be harvested through May 31 of the fishing year subsequent to the 
fishing year in which the set-aside is awarded.
    (g) Vessels conducting research under an approved RSA project may be 
exempt from crew restrictions specified in Sec. 648.51, seasonal 
closures of access areas specified in Sec. 648.59, and the restriction 
on fishing in only one access area during a trip specified in Sec. 
648.60(a)(4). The RSA project proposal must list which of these measures 
for which an exemption is required. An exemption shall be provided by 
Letter of Authorization issued by the Regional Administrator. RSA 
compensation fishing trips and combined compensation and research trips 
are not eligible for these exemptions.
    (h) Upon completion of scallop research projects approved pursuant 
to this section and the applicable NOAA grants review process, 
researchers must provide the Council and NMFS with a report of research 
findings, which must include at least the following: A detailed 
description of methods of data collection and analysis; a discussion of 
results and any relevant conclusions presented in a format that is 
understandable to a non-technical audience; and a detailed final 
accounting of all funds used to conduct the sea scallop research.

[76 FR 43769, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012]



Sec. 648.57  Sea scallop area rotation program.

    An area rotation program is established for the scallop fishery, 
which may include areas closed to scallop fishing defined in Sec. 
648.58, and/or Sea Scallop Access Areas defined in Sec. 648.59, subject 
to the Sea Scallop Area Access program requirements specified in Sec. 
648.60. Areas not defined as Rotational Closed Areas, Sea Scallop Access 
Areas, EFH Closed Areas, or areas closed to scallop fishing under other 
FMPs, are open to scallop fishing as governed by the other management 
measures and restrictions in this part. The Council's development of 
area rotation programs is subject to the framework adjustment process 
specified in Sec. 648.55, including the Area Rotation Program factors 
included in Sec. 648.55(a). The percentage of the total allowable catch 
for each Sea Scallop Access Area that is allocated to limited access 
scallop vessels and limited access general category scallop vessels 
shall be through the framework adjustment process specified in Sec. 
648.55.

[79 FR 34262, June 16, 2014]



Sec. 648.58  Rotational Closed Areas.

    (a) Closed Area I Closed Area. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Closed Area I 
Closed Area. No vessel may possess scallops in the Closed Area I Closed 
Area, unless such vessel is only transiting the area as provided in 
paragraph (e) of this section. The Closed Area I Closed 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), and so that the line connecting points 
CAIA3 and CAIA4 is the same as the portion of the western boundary line 
of Closed Area I, defined in Sec. 648.81(a)(1), that lies between 
points CAIA3 and CAIA4:

------------------------------------------------------------------------
            Point                  Latitude          Longitude      Note
------------------------------------------------------------------------
CAIA1........................  41 deg.26' N.     68 deg.30' W.
CAIA2........................  40 deg.58' N.     68 deg.30' W.
CAIA3........................  40 deg.54.95' N.  68 deg.53.37' W.  (\1\)
CAIA4........................  41 deg.04' N.     69 deg.01' W.     (\1\)
CAIA1........................  41 deg.26' N.     68 deg.30' W.
------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed
  Area I, defined in Sec. 648.81(a)(1).


[[Page 686]]

    (b) Closed Area II--(1) Closed Area II Closed Area. No vessel may 
fish for scallops in, or possess or land scallops from, the area known 
as the Closed Area II Closed Area. No vessel may possess scallops in the 
Closed Area II Closed Area. The Closed Area II Closed 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):

----------------------------------------------------------------------------------------------------------------
                              Point                                  Latitude        Longitude         Note
----------------------------------------------------------------------------------------------------------------
CAIIA1..........................................................   41 deg.00' N.   67 deg.20' W.
CAIIA2..........................................................   41 deg.00' N.    66 deg.35.8'
                                                                                              W.
CAIIA3..........................................................   41 deg.18.45'           (\1\)           (\2\)
                                                                              N.
CAIIA4..........................................................   41 deg.30' N.           (\3\)           (\2\)
CAIIA5..........................................................   41 deg.30' N.   67 deg.20' W.
CAIIA1..........................................................   41 deg.00' N.   67 deg.20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41 deg.18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41 deg.18.45'
  N. lat. and 66 deg.24.89' W. long.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 41 deg.30' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41 deg.30' N.
  lat., 66 deg.34.73' W. long.

    (2) Closed Area II Extension Closed Area. No vessel may fish for 
scallops in, or possess or land scallops from, the area known as the 
Closed Area II Extension Closed Area. No vessel may possess scallops in 
the Closed Area II Extension Closed Area. The Closed Area II Extension 
Closed 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):

----------------------------------------------------------------------------------------------------------------
                              Point                                  Latitude        Longitude         Note
----------------------------------------------------------------------------------------------------------------
CAIIE1..........................................................   40 deg.30' N.   67 deg.20' W.
CAIIE2..........................................................   41 deg.00' N.   67 deg.20' W.
CAIIE3..........................................................   41 deg.00' N.    66 deg.35.8'
                                                                                              W.
CAIIE4..........................................................   41 deg.18.45'           (\1\)           (\2\)
                                                                              N.
CAIIE5..........................................................   40 deg.30' N.           (\3\)           (\2\)
CAIIE1..........................................................   40 deg.30' N.   67 deg.20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41 deg.18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41 deg.18.45'
  N. lat. and 66 deg.24.89' W. long.
\2\ From Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40 deg.30' N. lat. and the U.S.-Canada Maritime Boundary, approximately, 65 deg.44.34'
  W. long.

    (c) Nantucket Lightship Closed Area. No vessel may fish for scallops 
in, or possess or land scallops from, the area known as the Nantucket 
Lightship Closed Area. No vessel may possess scallops in the Nantucket 
Lightship Closed Area, unless such vessel is an IFQ LAGC vessel 
participating in, and complying with the requirements of, the IFQ LAGC 
area access program described in Sec. 648.60(g)(3), or the vessel is 
only transiting the area as provided in paragraph (e) of this section. 
The Nantucket Lightship Closed 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),

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
NLAA1.........................................   40 deg.50'   69 deg.30'
                                                         N.           W.
NLAA2.........................................   40 deg.50'   69 deg.00'
                                                         N.           W.
NLAA3.........................................   40 deg.33'   69 deg.00'
                                                         N.           W.
NLAA4.........................................   40 deg.33'   68 deg.48'
                                                         N.           W.
NLAA5.........................................   40 deg.20'   68 deg.48'
                                                         N.           W.
NLAA6.........................................   40 deg.20'   69 deg.30'
                                                         N.           W.
NLAA1.........................................   40 deg.50'   69 deg.30'
                                                         N.           W.
------------------------------------------------------------------------

    (d) Elephant Trunk Closed Area. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Elephant Trunk 
Closed Area. No vessel may possess scallops in Elephant Trunk Closed 
Area. The Elephant Trunk Closed 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).

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
ETCA 1.........................  38 deg.50' N.        74 deg.20' W.
ETCA 2.........................  38 deg.50' N.        73 deg.40' W.
ETCA 3.........................  38 deg.40' N.        73 deg.40' W.
ETCA 4.........................  38 deg.40' N.        73 deg.50' W.
ETCA 5.........................  38 deg.30' N.        73 deg.50' W.
ETCA 6.........................  38 deg.30' N.        74 deg.20' W.
ETCA 1.........................  38 deg.50' N.        74 deg.20' W.
------------------------------------------------------------------------

    (e) Transiting. No vessel possessing scallops may enter or be in the 
area(s) specified in paragraphs (a) and (c) of this section unless the 
vessel is transiting the area and the vessel's fishing gear is stowed 
and not available for immediate use as defined in Sec. 648.2, or there 
is a compelling safety reason to be in such areas without such gear 
being stowed. A vessel may only transit the Closed Area II Closed Area 
or the Closed Area II Extension Closed Area, as described in paragraph 
(b) of this section, or the Elephant Trunk Closed Area, as described in 
paragraph (d) of this section, if there is a compelling safety reason 
for transiting the

[[Page 687]]

area and the vessel's fishing gear is stowed and not available for 
immediate use as defined in Sec. 648.2.
    (f) Vessels fishing for species other than scallops. A vessel may 
fish for species other than scallops within the closed areas specified 
in paragraphs (a) through (d) of this section as allowed in this part, 
provided the vessel does not fish for, catch, or retain scallops or 
intend to fish for, catch, or retain scallops. Declaration through VMS 
that the vessel is fishing in the LAGC scallop fishery is deemed to be 
an intent to fish for, catch, or retain scallops.

[80 FR 22131, Apr. 21, 2015, as amended at 81 FR 26736, May 4, 2016]



Sec. 648.59  Sea Scallop Access Areas.

    (a) Mid-Atlantic Scallop Access Area. (1) Beginning March 1, 2016, 
through February 28, 2018 (i.e., fishing years 2016 and 2017), a vessel 
issued a scallop permit may not fish for, possess, or land scallops in 
or from the area known as the Mid-Atlantic Access Area unless the vessel 
is participating in, and complies with the requirements of, the area 
access program described in Sec. 648.60 or the vessel is transiting 
pursuant to paragraph (f) of this section. The Mid-Atlantic Access Area 
is comprised of the following scallop access areas: The Delmarva Scallop 
Access Area, as described in paragraph (a)(2) of this section; the 
Elephant Trunk Scallop Access Area, as described in paragraph (a)(3) of 
this section; and the Hudson Canyon Scallop Access Area, as described in 
paragraph (a)(4) of this section.
    (2) Delmarva Scallop Access Area. The Delmarva Scallop Access 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):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
DMV1...........................  38 deg.10' N.        74 deg.50' W.
DMV2...........................  38 deg.10' N.        74 deg.00' W.
DMV3...........................  37 deg.15' N.        74 deg.00' W.
DMV4...........................  37 deg.15' N.        74 deg.50' W.
DMV1...........................  38 deg.10' N.        74 deg.50' W.
------------------------------------------------------------------------

    (i)--(ii) [Reserved]
    (3) Elephant Trunk Scallop Access Area. The Elephant Trunk Scallop 
Access 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):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
ETAA1..........................  38 deg.30' N.        74 deg.20' W.
ETAA2..........................  38 deg.30' N.        73 deg.50' W.
ETAA3..........................  38 deg.40' N.        73 deg.50' W.
ETAA4..........................  38 deg.40' N.        73 deg.40' W.
ETAA5..........................  38 deg.50' N.        73 deg.40' W.
ETAA6..........................  38 deg.50' N.        73 deg.30' W.
ETAA7..........................  38 deg.10' N.        73 deg.30' W.
ETAA8..........................  38 deg.10' N.        74 deg.20' W.
ETAA1..........................  38 deg.30' N.        74 deg.20' W.
------------------------------------------------------------------------

    (4) Hudson Canyon Scallop Access Area. The Hudson Canyon Scallop 
Access 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):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
H1.............................  39 deg.30' N.        73 deg.10' W.
H2.............................  39 deg.30' N.        72 deg.30' W.
H3.............................  38 deg.30' N.        73 deg.30' W.
H4.............................  38 deg.50' N.        73 deg.30' W.
H5.............................  38 deg.50' N.        73 deg.42' W.
H1.............................  39 deg.30' N.        73 deg.10' W.
------------------------------------------------------------------------

    (b) Closed Area I Scallop Access Area. (1) From March 1, 2016, 
through February 28, 2018 (i.e., fishing years 2016 and 2017), a vessel 
issued a scallop permit may not fish for, possess, or land scallops in 
or from, the area known as the Closed Area I Scallop Access Area, 
described in paragraph (b)(3) of this section, unless transiting in 
accordance with paragraph (f) of this section. A vessel issued both a NE 
multispecies permit and an LAGC scallop permit may not fish in an 
approved SAP under Sec. 648.85 and under multispecies DAS in the 
scallop access area, unless it complies with restrictions in paragraph 
(b)(5)(ii)(C) of this section.
    (2) [Reserved]
    (3) The Closed Area I Scallop Access 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), and so that the line connecting points CAIA3 and CAIA4 is 
the same as the portion of the western boundary line of Closed Area I, 
defined in Sec. 648.81(a)(1), that lies between points CAIA3 and CAIA4:

[[Page 688]]



------------------------------------------------------------------------
            Point                  Latitude          Longitude      Note
------------------------------------------------------------------------
CAIA1........................  41 deg.26' N.     68 deg.30' W.
CAIA2........................  40 deg.58' N.     68 deg.30' W.
CAIA3........................  40 deg.54.95' N.  68 deg.53.37' W.  (\1\)
CAIA4........................  41 deg.04' N.     69 deg.01' W.     (\1\)
CAIA1........................  41 deg.26' N.     68 deg.30' W.
------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed
  Area I, defined in Sec. 648.81(a)(1).

    (4) [Reserved]
    (c) Closed Area II Scallop Access Area. (1) From March 1, 2016, 
through February 28, 2018 (i.e., fishing years 2016 and 2017), a vessel 
issued a scallop permit may not fish for, possess, or land scallops in 
or from, the area known as the Closed Area II Access Area, described in 
paragraph (c)(3) of this section, unless transiting in accordance with 
paragraph (f) of this section. A vessel issued both a NE multispecies 
permit and an LAGC scallop permit may not fish in an approved SAP under 
Sec. 648.85 and under multispecies DAS in the scallop access area, 
unless it complies with restrictions in paragraph (c)(5)(ii)(C) of this 
section.
    (2) [Reserved]
    (3) The Closed Area II Scallop Access 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):

------------------------------------------------------------------------
            Point                  Latitude          Longitude      Note
------------------------------------------------------------------------
CAIIA1.......................  41 deg.00' N.     67 deg.20' W.
CAIIA2.......................  41 deg.00' N.     66 deg.35.8' W.
CAIIA3.......................  41 deg.18.45' N.  (\1\)             (\2\)
CAIIA4.......................  41 deg.30' N.     (\3\)             (\2\)
CAIIA5.......................  41 deg.30' N.     67 deg.20' W.
CAIIA1.......................  41 deg.00' N.     67 deg.20' W.
------------------------------------------------------------------------
\1\ The intersection of 41 deg.18.45' N. lat. and the U.S.-Canada
  Maritime Boundary, approximately 41 deg.18.45' N. lat. and 66
  deg.24.89' W. long.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 41 deg.30' N. lat. and the U.S.-Canada Maritime
  Boundary, approximately 41 deg.30' N. lat., 66 deg.34.73' W. long.

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Sea Scallop Access Area, described in paragraph (c)(3) of this 
section, during the period of August 15 through November 15 of each year 
the Closed Area II Access Area is open to scallop vessels, unless 
transiting pursuant to paragraph (f) of this section.
    (d) Nantucket Lightship Scallop Access Area. (1) From March 1, 2016, 
through February 28, 2018 (i.e., fishing years 2016 and 2017), a vessel 
issued a scallop permit may not fish for, possess, or land scallops in 
or from the area known as the Nantucket Lightship Access Area, described 
in paragraph (d)(3) of this section, unless the vessel is an IFQ LAGC 
vessel participating in, and complying with the requirements of, the IFQ 
LAGC area access program described in Sec. 648.60(g)(3), or the vessel 
is transiting pursuant to paragraph (f) of this section. A vessel issued 
both a NE multispecies permit and an LAGC scallop permit may not fish in 
an approved SAP under Sec. 648.85 and under multispecies DAS in the 
scallop access area, unless it complies with restrictions in paragraph 
(d)(5)(ii)(C) of this section.
    (2) [Reserved]
    (3) The Nantucket Lightship Sea Scallop Access 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):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
NLAA1..........................  40 deg.50' N.        69 deg.30' W.
NLAA2..........................  40 deg.50' N.        69 deg.00' W.
NLAA3..........................  40 deg.20' N.        69 deg.00' W.
NLAA4..........................  40 deg.20' N.        69 deg.30' W.
NLAA1..........................  40 deg.50' N.        69 deg.30' W.
------------------------------------------------------------------------

    (4) [Reserved]
    (e) [Reserved]
    (f) Transiting. A sea scallop vessel that has not declared a trip 
into the Sea Scallop Area Access Program may enter the Sea Scallop 
Access Areas described in paragraphs (a), (b), (d), and (e), of this 
section, and possess scallops not caught in the Sea Scallop Access 
Areas, for transiting purposes only, provided the vessel's fishing gear 
is stowed and not available for immediate use as defined in Sec. 648.2. 
A scallop vessel that has declared a trip into the Sea Scallop Area 
Access Program may transit a Scallop Access Area while steaming to or 
from another Scallop Access Area, provided the vessel's fishing gear is 
stowed and not available for immediate use as defined in Sec. 648.2, or 
there is a compelling safety reason to be in such areas without such 
gear

[[Page 689]]

being stowed. A vessel may only transit the Closed Area II Access Area, 
as described in paragraph (c) of this section, if there is a compelling 
safety reason for transiting the area and the vessel's fishing gear is 
stowed and not available for immediate use as defined in Sec. 648.2.

[78 FR 27104, May 9, 2013, as amended at 79 FR 34262, June 16, 2014; 80 
FR 22133, Apr. 21, 2015; 81 FR 26736, May 4, 2016]



Sec. 648.60  Sea scallop access area program requirements.

    (a) A limited access scallop vessel may only fish in the Sea Scallop 
Access Areas specified in Sec. 648.59, subject to the seasonal 
restrictions specified in Sec. 648.59, provided the vessel complies 
with the requirements specified in paragraphs (a)(1) through (a)(9), and 
(b) through (f) of this section. An LAGC scallop vessel may fish in the 
Sea Scallop Access Areas specified in Sec. 648.59, subject to the 
seasonal restrictions specified in Sec. 648.59, provided the vessel 
complies with the requirements specified in paragraph (g) of this 
section.
    (1) VMS. Each vessel participating in the Sea Scallop Access Area 
Program must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. Sec. 648.9 and 
648.10, and paragraphs (a)(9) and (f) of this section.
    (2) Vessels participating in the Sea Scallop Access Area Program 
must comply with the trip declaration requirements specified in Sec. 
648.10(f) and vessel notification requirements specified in Sec. 
648.11(g) for observer deployment.
    (3) Sea Scallop Access Area Allocations--(i) Limited access vessel 
allocations. (A) Except as provided in paragraph (c) of this section, 
paragraphs (a)(3)(i)(B) through (E) of this section specify the total 
amount of scallops, in weight, that a limited access scallop vessel may 
harvest from Sea Scallop Access Areas during applicable seasons 
specified in Sec. 648.59. A vessel may not possess or land in excess of 
its scallop allocation assigned to specific Sea Scallop Access Areas, 
unless authorized by the Regional Administrator, as specified in 
paragraph (d) of this section, unless the vessel owner has exchanged an 
area-specific scallop allocation with another vessel owner for 
additional scallop allocation in that area, as specified in paragraph 
(a)(3)(ii) of this section. A vessel may harvest its scallop allocation, 
as specified in paragraph (a)(3)(i)(B) of this section, on any number of 
trips in a given fishing year, provided that no single trip exceeds the 
possession limits specified in paragraph (a)(5) of this section, unless 
authorized by the Regional Administrator, as specified in paragraphs (c) 
and (d) of this section,
    (B) Full-time scallop vessels. (1) In fishing year 2016, each full-
time vessel shall have a total of 51,000 lb (23,133 kg) of scallops that 
may be harvested from the Mid-Atlantic Access Area, as defined in Sec. 
648.59(a).
    (2) For the 2017 fishing year, each full-time vessel shall have a 
total of 17,000 lb (7,711 kg) of scallops that may be harvested from the 
Mid-Atlantic Access Area, as defined in Sec. 648.59(a), starting on 
April 1, 2017.
    (C) Part-time scallop vessels. (1) For the 2016 fishing year, each 
part-time scallop vessel shall have a total of 20,400 lb (9,253 kg) of 
scallop that may be harvested from the Mid-Atlantic Access Area, as 
defined in Sec. 648.59(a).
    (2) For the 2016 fishing year, each part-time scallop vessel shall 
have a total of 10,200 lb (4,627 kg) of scallop that may be harvested 
from the Mid-Atlantic Access Area, as defined in Sec. 648.59(a), 
starting on April 1, 2017.
    (D) Occasional scallop vessels. (1) For the 2016 fishing year, each 
occasional scallop vessel shall have a total of 4,250 lb (1,928 kg) of 
scallop that may be harvested from the Mid-Atlantic Access Area, as 
defined in Sec. 648.59(a).
    (2) For the 2017 fishing year, each occasional scallop vessel shall 
have a total of 1,420 lb (644 kg) of scallop that may be harvested from 
the Mid-Atlantic Access Area, as defined in Sec. 648.59(a), starting on 
April 1, 2017.
    (ii) One-for-one area access allocation exchanges. The owner of a 
vessel issued a limited access scallop permit may exchange unharvested 
scallop pounds allocated into one access area for another vessel's 
unharvested scallop pounds allocated into another Sea Scallop Access 
Area. These exchanges may only be made for the amount of the current 
trip possession limit, as

[[Page 690]]

specified in paragraph (a)(5) of this section. For example, if the 
access area trip possession limit for full-time vessels is 17,000 lb 
(7,711 kg), a full-time vessel may exchange no less than 17,000 lb 
(7,711 kg), from one access area for no more or less than 17,000 lb 
(7,711 kg) allocated to another vessel for another access area. In 
addition, these exchanges may be made only between vessels with the same 
permit category: A full-time vessel may not exchange allocations with a 
part-time vessel, and vice versa. Vessel owners must request these 
exchanges by submitting a completed Access Area Allocation Exchange Form 
at least 15 days before the date on which the applicant desires the 
exchange to be effective. Exchange forms are available from the Regional 
Administrator upon request. Each vessel owner involved in an exchange is 
required to submit a completed Access Area Allocation Form. The Regional 
Administrator shall review the records for each vessel to confirm that 
each vessel has enough unharvested allocation remaining in a given 
access area to exchange. The exchange is not effective until the vessel 
owner(s) receive a confirmation in writing from the Regional 
Administrator that the allocation exchange has been made effective. A 
vessel owner may exchange equal allocations up to the current possession 
limit between two or more vessels under his/her ownership. A vessel 
owner holding a Confirmation of Permit History is not eligible to 
exchange allocations between another vessel and the vessel for which a 
Confirmation of Permit History has been issued.
    (4) Area fished. While on a Sea Scallop Access Area trip, a vessel 
may not fish for, possess, or land scallops in or from areas outside the 
Sea Scallop Access Area in which the vessel operator has declared the 
vessel will fish during that trip, and may not enter or exit the 
specific declared Sea Scallop Access Area more than once per trip. A 
vessel on a Sea Scallop Access Area trip may not enter or be in another 
Sea Scallop Access Area on the same trip except such vessel may transit 
another Sea Scallop Access Area provided its gear is stowed and not 
available for immediate use as defined in Sec. 648.2.
    (i)-(ii) [Reserved]
    (5) Possession and landing limits--(i) Scallop possession limits. 
Unless authorized by the Regional Administrator, as specified in 
paragraph (d) of this section, after declaring a trip into a Sea Scallop 
Access Area, a vessel owner or operator of a limited access scallop 
vessel may fish for, possess, and land, per trip, scallops, up to the 
maximum amounts specified in the table in this paragraph (a)(5). No 
vessel declared into the Access Areas as described in Sec. 648.59(a) 
through (e) may possess more than 50 bu (17.62 hL) of in-shell scallops 
outside of the Access Areas described in Sec. 648.59(a) through (e).

----------------------------------------------------------------------------------------------------------------
                                                          Permit category possession limit
           Fishing year            -----------------------------------------------------------------------------
                                          Full-time              Part-time                  Occasional
----------------------------------------------------------------------------------------------------------------
2016..............................  17,000 lb (57,711 kg)  10,200 lb (4,627 kg)  1,420 lb (644 kg).
2017..............................  17,000 lb (57,711 kg)  10,200 lb (4,627 kg)  1,420 lb (644 kg).
----------------------------------------------------------------------------------------------------------------

    (ii) NE multispecies possession limits and yellowtail flounder TACs. 
A limited access scallop vessel that is declared into a trip and fishing 
within the Sea Scallop Access Areas described in Sec. 648.59(b) through 
(d), and issued a valid NE multispecies permit as specified in Sec. 
648.4(a)(1), may fish for, possess, and land, per trip, up to a maximum 
of 1,000 lb (453.6 kg) of all NE multispecies combined, excluding 
yellowtail flounder, subject to the minimum commercial fish size 
restrictions specified in Sec. 648.83(a)(1), and the additional 
restrictions for Atlantic cod, haddock, and yellowtail flounder 
specified in paragraphs (a)(5)(ii)(A) through (C) of this section. Such 
vessel is subject to the seasonal restriction established under the Sea 
Scallop Area Access Program and specified in Sec. 648.59(b)(4), (c)(4), 
and (d)(4).
    (A) Atlantic cod. Such vessel may bring onboard and possess only up 
to 100 lb (45.4 kg) of Atlantic cod per trip,

[[Page 691]]

provided such fish is intended for personal use only and cannot be not 
sold, traded, or bartered.
    (B) Haddock. Such vessels may possess and land haddock up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels are 
prohibited from possessing or landing haddock from January 1 through 
June 30.
    (C) Yellowtail flounder. Such vessel is prohibited from fishing for, 
possessing, or landing yellowtail flounder.
    (iii)-(iv) [Reserved]
    (6) Gear restrictions. (i) The minimum ring size for dredge gear 
used by a vessel fishing on a Sea Scallop Access Area trip is 4 inches 
(10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on 
a Sea Scallop Access Area trip must be in accordance with the 
restrictions specified in Sec. 648.51(a) and (b).
    (ii) Vessels fishing in the Closed Area I, Closed Area II, and 
Nantucket Lightship Closed Area Sea Scallop Access Areas described in 
Sec. 648.59(b) through (d) are prohibited from fishing with trawl gear 
as specified in Sec. 648.51(f)(1).
    (7) Transiting. While outside a Sea Scallop Access Area on a Sea 
Scallop Access Area trip, the vessel must have all fishing gear stowed 
and not available for immediate use as defined in Sec. 648.2, unless 
there is a compelling safety reason to be transiting the area without 
gear stowed.
    (8) Off-loading restrictions. The vessel may not offload its catch 
from a Sea Scallop Access Area trip at more than one location per trip.
    (9) Reporting. The owner or operator must submit scallop catch 
reports through the VMS, as specified in Sec. 648.10(f)(4)(i), and 
limited access scallop access area pre-landing notification forms, as 
specified in Sec. 648.10(f)(4)(iii).
    (b) [Reserved]
    (c) Access area scallop allocation carryover. Unless otherwise 
specified in Sec. 648.59, a limited access scallop vessel operator may 
fish any unharvested Scallop Access Area allocation from a given fishing 
year within the first 60 days of the subsequent fishing year if the 
Access Area is open. For example, if a full-time vessel has 7,000 lb 
(3,175 kg) remaining in the Mid-Atlantic Access Area at the end of 
fishing year 2016, that vessel may harvest 7,000 lb (3,175 kg) from its 
2017 fishing year scallop access area allocation during the first 60 
days that the Mid-Atlantic Access Area is open in fishing year 2017 
(March 1, 2017, through April 29, 2018). Unless otherwise specified in 
Sec. 648.59, if an Access Area is not open in the subsequent fishing 
year, then the unharvested scallop allocation would expire at the end of 
the fishing year that the scallops were allocated.
    (d) Increase in possession limit to defray costs of observers--The 
Regional Administrator may increase the sea scallop possession limit 
specified in paragraph (a)(5) of this section to defray costs of at-sea 
observers deployed on area access trips subject to the limits specified 
Sec. 648.53(g). An owner of a scallop vessel shall be notified of the 
increase in the possession limit through a permit holder letter issued 
by the Regional Administrator. If the observer set-aside is fully 
utilized prior to the end of the fishing year, the Regional 
Administrator shall notify owners of scallop vessels that, effective on 
a specified date, the increase in the possession limit is no longer 
available to offset the cost of observers. Unless otherwise notified by 
the Regional Administrator, vessel owners shall be responsible for 
paying the cost of the observer, regardless of whether the vessel lands 
or sells sea scallops on that trip, and regardless of the availability 
of set-aside for an increased possession limit.
    (e) Sea Scallop Research Set-Aside Harvest in Access Areas--(1) 
Access Areas available for harvest of research set-aside (RSA). Unless 
otherwise specified, RSA may be harvested in any access area that is 
open in a given fishing year, as specified through a framework 
adjustment and pursuant to Sec. 648.56. The amount of scallops that can 
be harvested in each access area by vessels participating in approved 
RSA projects shall be determined through the RSA application review and 
approval process. The access areas open for RSA harvest for fishing 
years 2016 and 2017 are:
    (i) 2016: The Mid-Atlantic Scallop Access Area, as specified in 
Sec. 648.59(a).
    (ii) 2017: None.

[[Page 692]]

    (2) [Reserved]
    (f) VMS polling. For the duration of the Sea Scallop Area Access 
Program, as described in this section, all sea scallop vessels equipped 
with a VMS unit shall be polled at a minimum of twice per hour, 
regardless of whether the vessel is enrolled in the Sea Scallop Area 
Access Program. Vessel owners shall be responsible for paying the costs 
of polling twice per hour.
    (g) Limited Access General Category Vessels. (1) An LAGC scallop 
vessel may only fish in the scallop access areas specified in Sec. 
648.59(a) through (e) or in (g)(3)(iv) of this section, subject to the 
seasonal restrictions specified in Sec. 648.59(b)(4), (c)(4), and 
(d)(4), and subject to the possession limit specified in Sec. 
648.52(a), and provided the vessel complies with the requirements 
specified in paragraphs (a)(1), (a)(2), (a)(6) through (9), (d), (e), 
(f), and (g) of this section. A vessel issued both a NE multispecies 
permit and an LAGC scallop permit may fish in an approved SAP under 
Sec. 648.85 and under multispecies DAS in the Closed Area I, Closed 
Area II, and Nantucket Lightship Sea Scallop Access Areas specified in 
Sec. 648.59(b) through (d), provided the vessel complies with the 
requirements specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii), and 
(d)(5)(ii), and this paragraph (g), but may not fish for, possess, or 
land scallops on such trips.
    (2) Limited Access General Category Gear restrictions. An LAGC IFQ 
scallop vessel authorized to fish in the Access Areas specified in Sec. 
648.59(b) through (e) must fish with dredge gear only. The combined 
dredge width in use by, or in possession on board of, an LAGC scallop 
vessel fishing in Closed Area I, Closed Area II, and Nantucket Lightship 
Access Areas may not exceed 10.5 ft (3.2 m). The combined dredge width 
in use by, or in possession on board of, an LAGC scallop vessel fishing 
in the remaining Access Areas described in Sec. 648.59 may not exceed 
31 ft (9.4 m). Dredge width is measured at the widest point in the bail 
of the dredge.
    (3) LAGC IFQ Access Area Trips. (i) An LAGC scallop vessel 
authorized to fish in the Access Areas specified in Sec. 648.59(a) 
through (e) or in paragraph (g)(3)(iv) of this section may land 
scallops, subject to the possession limit specified in Sec. 648.52(a), 
unless the Regional Administrator has issued a notice that the number of 
LAGC IFQ access area trips have been or are projected to be taken. The 
total number of LAGC IFQ trips in a specified Access Area for fishing 
year 2016 and 2017 are:

------------------------------------------------------------------------
                      Access area                         2016     2017
------------------------------------------------------------------------
Mid-Atlantic Access Area..............................    2,068      602
Closed Area 1.........................................        0        0
Closed Area 2.........................................        0        0
Nantucket Lightship...................................        0        0
Nantucket Lightship North.............................      485        0
------------------------------------------------------------------------

    (ii) Scallops landed by each LAGC IFQ vessel on an access area trip 
shall count against the vessel's IFQ.
    (iii) Upon a determination from the Regional Administrator that the 
total number of LAGC IFQ trips in a specified Access Area have been or 
are projected to be taken, the Regional Administrator shall publish 
notification of this determination in the Federal Register, in 
accordance with the Administrative Procedure Act. Once this 
determination has been made, an LAGC IFQ scallop vessel may not fish 
for, possess, or land scallops in or from the specified Access Area 
after the effective date of the notification published in the Federal 
Register.
    (iv) Nantucket Lightship North Sea Scallop Access Area. (A) From 
March 1, 2016, through February 28, 2018 (i.e., fishing years 2016 and 
2017), a vessel issued an LAGC IFQ scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship North Access Area, described in paragraph (g)(3)(iv)(B) of 
this section, unless the vessel is participating in, and complying with 
the requirements of, the area access program described in this section 
or the vessel is transiting pursuant to Sec. 648.59(f). A vessel issued 
both a NE multispecies permit and an LAGC scallop permit may not fish in 
an approved SAP under Sec. 648.85 and under multispecies DAS in the 
scallop access area, unless it complies with restrictions in paragraph 
(d)(5)(ii)(C) of this section.
    (B) The Nantucket Lightship North Sea Scallop Access Area is defined 
by straight lines connecting the following points in the order stated 
(copies of a

[[Page 693]]

chart depicting this area are available from the Regional Administrator 
upon request):

------------------------------------------------------------------------
                      Point                        Latitude    Longitude
------------------------------------------------------------------------
NLNAA1..........................................  40 deg.50'  69 deg.00'
                                                          N.          W.
NLNAA2..........................................  40 deg.30'  69 deg.00'
                                                          N.          W.
NLNAA3..........................................  40 deg.30'  69 deg.30'
                                                          N.          W.
NLNAA4..........................................  40 deg.50'  69 deg.30'
                                                          N.          W.
NLNAA1..........................................  40 deg.50'  69 deg.00'
                                                          N.          W.
------------------------------------------------------------------------

    (4) Possession Limits--(i) Scallops. A vessel issued a NE 
multispecies permit and a general category scallop permit that is 
fishing in an approved SAP under Sec. 648.85 under multispecies DAS, 
and that has not enrolled in the LAGC Access Area fishery, is prohibited 
from possessing scallops. An LAGC scallop vessel authorized to fish in 
the Access Areas specified in Sec. 648.59(a) through (e) may possess 
scallops up to the possession limit specified in Sec. 648.52(a).
    (ii) Other species. Unless issued an LAGC scallop permit and fishing 
under an approved NE multispecies SAP under NE multispecies DAS, an LAGC 
IFQ vessel fishing in the Access Areas specified in Sec. 648.59(b) 
through (d) is prohibited from possessing any species of fish other than 
scallops and monkfish, as specified in Sec. 648.94(c)(8)(i).

[71 FR 33231, June 8, 2006]

    Editorial Note: For Federal Register citations affecting Sec. 
648.60, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.61  EFH closed areas.

    (a) No vessel fishing for scallops, or person on a vessel fishing 
for scallops, may enter, fish in, or be in the EFH Closure Areas 
described in paragraphs (a)(1) through (6) of this section, unless 
otherwise specified. A chart depicting these areas is available from the 
Regional Administrator upon request.
    (1) Western GOM Habitat Closure Area. The restrictions specified in 
this paragraph (a) apply to the Western GOM Habitat Closure Area, which 
is the area bounded by straight lines connecting the following points in 
the order stated:

                    Western GOM Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
WGM1...........................  43 deg.15' N.        70 deg.15' W.
WGM2...........................  42 deg.15' N.        70 deg.15' W.
WGM3...........................  42 deg.15' N.        70 deg.00' W.
WGM4...........................  43 deg.15' N.        70 deg.00' W.
WGM1...........................  43 deg.15' N.        70 deg.15' W.
------------------------------------------------------------------------

    (2) Cashes Ledge Habitat Closure Area. The restrictions specified in 
paragraph (a) of this section apply to the Cashes Ledge Habitat Closure 
Area, which is the area bounded by straight lines connecting the 
following points in the order stated:

                    Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
CLH1...........................  43 deg.01' N.        69 deg.03' W.
CLH2...........................  43 deg.01' N.        68 deg.52' W.
CLH3...........................  42 deg.45' N.        68 deg.52' W.
CLH4...........................  42 deg.45' N.        69 deg.03' W.
CLH1...........................  43 deg.01' N.        69 deg.03' W.
------------------------------------------------------------------------

    (3) Jeffrey's Bank Habitat Closure Area. The restrictions specified 
in paragraph (a) of this section apply to the Jeffrey's Bank Habitat 
Closure Area, which is the area bounded by straight lines connecting the 
following points in the order stated:

                   Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
JB1............................  43 deg.40' N.        68 deg.50' W.
JB2............................  43 deg.40' N.        68 deg.40' W.
JB3............................  43 deg.20' N.        68 deg.40' W.
JB4............................  43 deg.20' N.        68 deg.50' W.
JB1............................  43 deg.40' N.        68 deg.50' W.
------------------------------------------------------------------------

    (4) Closed Area I Habitat Closure Areas. The restrictions specified 
in paragraph (a) of this section apply to the Closed Area I Habitat 
Closure Areas, Closed Area I-North and Closed Area I-South, which are 
the areas bounded by straight lines connecting the following points in 
the order stated, and so that the lines connecting Point CIN4 to Point 
CIN1, and Point CIS4 to Point CIS1 is the same as the portion of the 
western boundary line of Closed Area I, defined in paragraph (a)(1) of 
this section, that lies between those points:

                Closed Area I--North Habitat Closure Area
------------------------------------------------------------------------
            Point                  Latitude          Longitude      Note
------------------------------------------------------------------------
CIN1.........................  41 deg.30' N.     69 deg.23' W.

[[Page 694]]

 
CIN2.........................  41 deg.30' N.     68 deg.30' W.
CIN3.........................  41 deg.26' N.     68 deg.30' W.
CIN4.........................  41 deg.04' N.     69 deg.01' W.     (\1\)
CIN1.........................  41 deg.30' N.     69 deg.23' W.     (\1\)
------------------------------------------------------------------------
\1\ From Point CIN4 back to Point CIN1 along the western boundary of
  Closed Area I, defined in Sec. 648.81(a)(1).


                Closed Area I--South Habitat Closure Area
------------------------------------------------------------------------
            Point                  Latitude          Longitude     Notes
------------------------------------------------------------------------
CIS1.........................  40 deg.54.95' N.  68 deg.53.37' W.
CIS2.........................  40 deg.58' N.     68 deg.30' W.
CIS3.........................  40 deg.45' N.     68 deg.30' W.
CIS4.........................  40 deg.45' N.     68 deg.45' W.     (\1\)
CIS1.........................  40 deg.54.95' N.  68 deg.53.37' W.  (\1\)
------------------------------------------------------------------------
\1\ From Point CIS4 back to Point CIS1 along the western boundary of
  Closed Area I, defined in Sec. 648.81(a)(1).

    (5) Closed Area II Habitat Closure Area. The restrictions specified 
in this paragraph (a) apply to the Closed Area II Habitat Closure Area 
(also referred to as the Habitat Area of Particular Concern), which is 
the area bounded by straight lines, except where noted, connecting the 
following points in the order stated:

                                       Closed Area II Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CIIH1............................  42 deg.10' N.              67 deg.20' W.
CIIH2............................  42 deg.10' N.              (\1\)                     (\2\)
CIIH3............................  42 deg.00' N.              (\3\)                     (\2\)
CIIH4............................  42 deg.00' N.              67 deg.10' W.
CIIH5............................  41 deg.50' N.              67 deg.10' W.
CIIH6............................  41 deg.50' N.              67 deg.20' W.
CIIH1............................  42 deg.10' N.              67 deg.20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 42 deg.10' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42 deg.10' N.
  lat. and 67 deg.9.38' W. long.
\2\ From Point CIIH2 connected to Point CIIH3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 42 deg.00' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42 deg.00' N.
  lat. and 67 deg.0.63' W. long.

    (6) Nantucket Lightship Habitat Closure Area. The restrictions 
specified in this paragraph (a) apply to the Nantucket Lightship Habitat 
Closure Area, which is the area bounded by straight lines connecting the 
following points in the order stated:

                 Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
NLH1...........................  41 deg.10' N.        70 deg.00' W.
NLH2...........................  41 deg.10' N.        69 deg.50' W.
NLH3...........................  40 deg.50' N.        69 deg.30' W.
NLH4...........................  40 deg.20' N.        69 deg.30' W.
NLH5...........................  40 deg.20' N.        70 deg.00' W.
NLH1...........................  41 deg.10' N.        70 deg.00' W.
------------------------------------------------------------------------

    (b) Transiting. A vessel may transit the EFH Closure Areas as 
defined in paragraphs (a)(1) through (6) of this section, unless 
otherwise restricted, provided that its gear is stowed and not available 
for immediate use as defined in Sec. 648.2. A vessel may transit the 
CAII EFH closed area, as defined in paragraph (a)(5) of this section, 
provided there is a compelling safety reason to enter the area and all 
gear is stowed and not available for immediate use as defined in Sec. 
648.2.

[79 FR 34265, June 16, 2014, as amended at 79 FR 52580, Sept. 4, 2014; 
80 FR 22134, Apr. 21, 2015]



Sec. 648.62  Northern Gulf of Maine (NGOM) Management Program.

    (a) The NGOM scallop management area is the area north of 42 deg.20' 
N. lat. and within the boundaries of the Gulf of Maine Scallop Dredge 
Exemption Area as specified in Sec. 648.80(a)(11). To fish for or 
possess scallops in the NGOM scallop management area, a vessel must have 
been issued a scallop permit as specified in Sec. 648.4(a)(2).
    (1) If a vessel has been issued a NGOM scallop permit, the vessel is 
restricted to fishing for or possessing scallops only in the NGOM 
scallop management area.
    (2) Scallop landings by vessels issued NGOM permits shall be 
deducted from the NGOM scallop total allowable catch when vessels fished 
all or part of a trip in the Federal waters portion of the NGOM. If a 
vessel with a NGOM

[[Page 695]]

scallop permit fishes exclusively in state waters within the NGOM, 
scallop landings from those trips will not be deducted from the Federal 
NGOM quota.
    (3) Scallop landings by all vessels issued LAGC IFQ scallop permits 
and fishing in the NGOM scallop management area shall be deducted from 
the NGOM scallop total allowable catch specified in paragraph (b) of 
this section. Scallop landings by IFQ scallop vessels fishing in the 
NGOM scallop management area shall be deducted from their respective 
scallop IFQs. Landings by incidental catch scallop vessels and limited 
access scallop vessels fishing under the scallop DAS program shall not 
be deducted from the NGOM total allowable catch specified in paragraph 
(b) of this section.
    (4) A vessel issued a NGOM or IFQ scallop permit that fishes in the 
NGOM may fish for, possess, or retain up to 200 lb (90.7 kg) of shucked 
or 25 bu (8.81 hL) of in-shell scallops, and may possess up to 50 bu 
(17.6 hL) of in-shell scallops seaward of the VMS Demarcation Line. A 
vessel issued an incidental catch general category scallop permit that 
fishes in the NGOM may fish for, possess, or retain only up to 40 lb of 
shucked or 5 U.S. bu (1.76 hL) of in-shell scallops, and may possess up 
to 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation 
Line.
    (b) Total allowable catch. The total allowable catch for the NGOM 
scallop management area shall be specified through the framework 
adjustment process. The total allowable catch for the NGOM scallop 
management area shall be based on the Federal portion of the scallop 
resource in the NGOM. The total allowable catch shall be determined by 
historical landings until additional information on the NGOM scallop 
resource is available, for example through an NGOM resource survey and 
assessment. The ABC/ACL as specified in Sec. 648.53(a) shall not 
include the total allowable catch for the NGOM scallop management area, 
and landings from the NGOM scallop management area shall not be counted 
against the ABC/ACL specified in Sec. 648.53(a).
    (1) NGOM annual hard TACs. The annual hard TAC for the NGOM is 
67,454 lb (30,597 kg) for the 2016 fishing year and 70,000 lb (31,413 
kg) for the 2017 fishing year.
    (2) Unless a vessel has fished for scallops outside of the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with all fishing gear stowed and not available for immediate use as 
defined in Sec. 648.2, no vessel issued a scallop permit pursuant to 
Sec. 648.4(a)(2) may possess, retain, or land scallops in the NGOM 
scallop management area once the Regional Administrator has provided 
notification in the Federal Register that the NGOM scallop total 
allowable catch in accordance with this paragraph (b) has been reached. 
Once the NGOM hard TAC is reached, a vessel issued a NGOM permit may no 
longer declare a state-only NGOM scallop trip and fish for scallops 
exclusively in state waters within the NGOM. A vessel that has not been 
issued a Federal scallop permit that fishes exclusively in state waters 
is not subject to the closure of the NGOM scallop management area.
    (3) If the TAC specified in paragraph (b)(1) of this section is 
exceeded, the amount of NGOM scallop landings in excess of the TAC 
specified in paragraph (b)(1) of this section shall be deducted from the 
NGOM TAC for the subsequent fishing year, as soon as practicable, once 
scallop landings data for the NGOM fishery is available.
    (c) VMS requirements. Except scallop vessels issued a limited access 
scallop permit pursuant to Sec. 648.4(a)(2)(i) that have declared a 
trip under the scallop DAS program, a vessel issued a scallop permit 
pursuant to Sec. 648.4(a)(2) that intends to fish for scallops in the 
NGOM scallop management area or fishes for, possesses, or lands scallops 
in or from the NGOM scallop management area, must declare a NGOM scallop 
management area trip and report scallop catch through the vessel's VMS 
unit, as required in Sec. 648.10. If the vessel has a NGOM permit, the 
vessel can declare either a Federal NGOM trip or a state-waters NGOM 
trip. If a vessel intends to fish any part of a NGOM trip in Federal 
NGOM waters, it may not declare into the state water NGOM fishery.
    (d) Gear restrictions. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec. 648.4(a)(2)(i) that

[[Page 696]]

have properly declared a trip under the scallop DAS program, the 
combined dredge width in use by, or in possession on board, LAGC scallop 
vessels fishing in the NGOM scallop management area may not exceed 10.5 
ft (3.2 m), measured at the widest point in the bail of the dredge.

[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 26738, May 4, 
2016]



Sec. 648.63  General category Sectors and harvesting cooperatives.

    (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 Sec. 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 Sec. 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 program and remain in 
the non-sector scallop fishery.
    (ii) Participation by incidental catch or NGOM scallop vessels in 
the Sector is subject to approval by the Council as part of the action 
that implements the Sector allocation, provided the details of such 
participation are specified in the Sector's operations plan. A Sector 
allocation may be harvested by non-Sector members, provided the Sector 
operations plan specifies that the Sector may authorize non-Sector 
vessels to harvest the Sector allocation. In this case, if the Sector is 
approved, the landings history of the participating non-Sector vessels 
may not be used in the calculation of future Sector shares and may not 
be used as scallop catch history for such vessels. The operations plan 
must specify how such participating non-Sector shall be subject to the 
rules of the Sector.
    (iii) Once a vessel operator and/or vessel owner signs a binding 
contract to have his/her vessel participate in a Sector, that vessel 
must remain in the Sector for the remainder of the fishing year.
    (iv) Vessels that fish in the LAGC scallop fishery outside the 
Sector allocation in a given fishing year may not participate in a 
Sector during that same fishing year, unless the Operations Plan 
provides an acceptable method for accounting for IFQ used, or catch by 
the vessel, prior to implementation of the Sector.
    (v) Once a vessel operator and/or vessel owner has agreed to 
participate in a Sector as specified in paragraph (b)(1)(iii) of this 
section, that vessel must remain in the Sector for the entire fishing 
year. If a permit is transferred by a Sector participant during the 
fishing year, the new owner must

[[Page 697]]

also comply with the Sector regulations for the remainder of the fishing 
year.
    (vi) Vessels and vessel operators and/or vessel owners removed from 
a Sector for violation of the Sector rules will not be eligible to fish 
under the scallop regulations for non-Sector vessels specified under 
this part either for any period specified in the final decision of 
penalty or sanction.
    (vii) If a pre-existing Sector accepts a new member, the percentage 
share brought to the Sector is based on that vessel's average 
qualification landings at the time it joins the Sector (i.e., the vessel 
is treated as a ``Sector of one'' and a share based on the appropriate 
adjusted TACs is calculated). This new single-vessel-Sector share is 
added to the existing Sector. If a vessel leaves a Sector, that Sector's 
share is reduced by the individual vessel share the exiting vessel had 
when it joined the Sector.
    (viii) A vessel may not be a member of more than one Sector. Once a 
vessel enters into a Sector, it cannot fish during that fishing year 
under the regulations that apply to the common pool. Additionally, 
vessels cannot shift from one Sector to another during a single fishing 
year. Therefore, if a vessel leaves a Sector for any reason, it cannot 
participate in the general category scallop fishery during the remainder 
of that fishing year
    (2) Allocation of TAC to Sectors. (i) The sector allocation shall be 
equal to a percentage share of the ACL allocation for IFQ scallop 
vessels specified in Sec. 648.53(a), similar to an IFQ scallop vessel's 
IFQ as specified in Sec. 648.53(h). The sector's percentage share of 
the IFQ scallop fishery ACL catch shall not change, but the amount of 
allocation based on the percentage share will change based on the ACL 
specified in Sec. 648.53(a).
    (ii) Sector share determination. When a Sector proposal is 
submitted, NMFS shall verify the contribution percentage as specified in 
Sec. 648.53(h)(2)(iii) for each vessel listed as a Sector member. The 
Sector's share shall be the sum of the participating vessels' 
contribution percentages.
    (iii) A sector shall not be allocated more than 20 percent of the 
ACL for IFQ vessels specified in Sec. 648.53(a)(4)(i) or (ii).
    (3) Once a Sector's allocation is projected to be harvested, Sector 
operations will be terminated for the remainder of the fishing year.
    (4) If a Sector's allocation is exceeded in a given fishing year, 
the Sector, each vessel, and vessel operator and/or vessel owner 
participating in the Sector may be charged jointly and severally for 
civil penalties and permit sanction pursuant to 15 CFR part 904. If a 
Sector exceeds its allocation in more than one fishing year, the 
Sector's authorization to operate may be withdrawn.
    (5) A vessel operator and/or vessel owner participating in a Sector 
is not subject to the limit on the vessel's catch based on the vessel's 
own IFQ or contribution percentage as defined in Sec. 
648.53(h)(2)(iii), provided the vessel is participating in the Sector 
and carries on board a Letter of Authorization to participate in the 
Sector and exempts the vessel from its IFQ limit and any other related 
measures. The Sector shall determine how the Sector's allocation will be 
divided between its participating vessels, regardless of whether the 
catch by a participating vessel exceeds that vessel's own IFQ.
    (6) Each vessel operator and/or vessel owner fishing under an 
approved Sector must comply with all scallop management measures of this 
part and other applicable law, unless exempted under a Letter of 
Authorization, as specified in paragraph (b)(11) of this section. Each 
vessel and vessel operator and/or vessel owner participating in a Sector 
must also comply with all applicable requirements and conditions of the 
Operations Plan specified in paragraph (c) of this section and the 
Letter of Authorization issued pursuant to paragraph (b)(11) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for civil penalties and permit sanctions pursuant to 15 CFR part 904.
    (7) Approved Sectors must submit an annual year-end report to NMFS 
and the Council, within 60 days of the end of the fishing year, that 
summarizes

[[Page 698]]

the fishing activities of its members, including harvest levels of all 
federally managed species by Sector vessels, enforcement actions, and 
other relevant information required to evaluate the performance of the 
Sector.
    (8) It shall be the responsibility of each Sector to track its 
activity and internally enforce any provisions adopted through 
procedures established in the operations plan and agreed to through the 
Sector contract. Sector contracts should describe graduated sanctions, 
including grounds for expulsion of Sector member vessels. The Sector and 
participating Sector vessels shall be subject to NMFS enforcement action 
for violations of the regulations pertaining to Sectors and other 
regulations under 50 CFR part 648. Vessels operating within a Sector are 
responsible for judgments against the Sector. Sector operations plans 
shall specify how a Sector will monitor its landings to assure that 
Sector landings do not exceed the Sector allocation. At the end of the 
fishing year, NMFS shall evaluate landings using VMS and any other 
available information to determine whether a Sector has exceeded any of 
its allocations based on the list of participating vessels submitted in 
the operations plan. If a Sector exceeds its TAC, the Sector may have 
its authorization as a Sector withdrawn by the Regional Administrator, 
after consultation with the Council, and may be subject to enforcement 
action.
    (9) Permanent or temporary transfers of allocation between Sectors 
or between Sector and non-Sector participants is prohibited. For 
purposes of harvesting a Sector allocation only, vessels under contract 
to a Sector are assumed to be part of that Sector for the duration of 
that contract.
    (10) The Sector allocation proposal must contain an appropriate 
analysis that assesses the impact of the proposed Sector, in compliance 
with the National Environmental Policy Act.
    (11) If a Sector is approved as specified in paragraph (d)(3) of 
this section, the Regional Administrator shall issue a Letter of 
Authorization to each vessel operator and/or owner for the participating 
Sector vessel. The Letter of Authorization shall authorize participation 
in the Sector operations and may exempt the participating vessel from 
the requirement that the vessel cannot exceed its own IFQ and related 
measures. The Letter of Authorization may include requirements and 
conditions deemed necessary to ensure effective administration of and 
compliance with the Sector's operations plan and the Sector's 
allocation.
    (c) Operations plans. (1) A group that wants to form a Sector and 
receive an allocation must submit a legally binding operations plan to 
the Council and the Regional Administrator. The operations plan must be 
agreed upon and signed by all members of the Sector and, if approved, 
shall constitute a contract.
    (2) The operations plan among all of the Sector members must have, 
at a minimum, the following components:
    (i) A list of all participants;
    (ii) A contract signed by all participants indicating their 
agreement to abide by the operations plan;
    (iii) An entity name, address, phone number, and the name and 
contact information for a Sector representative (a manager or director) 
that NMFS can contact regarding Sector management issues;
    (iv) A plan explaining how the Sector will harvest its allocation, 
including methods to inform NMFS of changes in those arrangements over 
the year;
    (v) The original distribution of catch history of vessels in the 
Sector (maintaining vessel data confidentiality);
    (vi) A plan detailing how the Sector will avoid exceeding its 
allocated TACs, including provisions for monitoring and enforcement of 
the Sector regulations, and documenting all landings and discards;
    (vii) Rules for entry to and exit from the Sector, including 
sanctions and procedures for removing members who do not comply with the 
operations plan;
    (viii) Procedure for notifying NMFS if a member is no longer part of 
the Sector and the reason for leaving;
    (ix) The process through which the operations plan can be amended by 
Sector members;
    (x) If the Sector plans to authorize non-Sector vessels to harvest 
scallops allocated to the Sector, details of such

[[Page 699]]

arrangements must be described in the operations plan;
    (xi) Any documents and analyses necessary to comply with the 
National Environmental Protection Act must be submitted to NMFS. The 
development of the analytical document is the responsibility of the 
applicants.
    (xii) Any other information determined to be necessary and 
appropriate.
    (d) Sector review, approval, and revocation. (1) A Sector shall 
submit its operations plan and any NEPA documents to the Regional 
Administrator and the Council no less than 1 year prior to the date that 
it wishes to begin operations under the Sector. The Council shall 
consider this plan in the course of the periodic framework adjustment or 
specification process and may, if approved, implement it through either 
of those processes. After Council approval of a Sector, the details of 
its operation shall be addressed between the Sector and NMFS, although 
the New England Fishery Management Council may review and provide 
comment on the proposed details.
    (2) The Regional Administrator may withdraw approval of a Sector at 
any time if he/she, in consultation with the New England Fishery 
Management Council, determines that Sector participants are not 
complying with the requirements of an approved operations plan or that 
the continuation of the operations plan will undermine achievement of 
fishing mortality objectives of the FMP. Withdrawal of approval of a 
Sector shall be completed after notice and comment rulemaking, pursuant 
to the Administrative Procedure Act.
    (3) A Sector is required to resubmit its operations plan to the 
Regional Administrator no later than July 1 of each year, whether or not 
the plan has changed. Once the submission documents specified under 
paragraphs (a)(1) and (c)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and shall approve or disapprove Sector operations consistent 
with applicable law.

[73 FR 20131, Apr. 14, 2008, as amended at 77 FR 20741, Apr. 6, 2012]



Sec. 648.64  Yellowtail flounder sub-ACLs and AMs for the scallop
fishery.

    (a) As specified in Sec. 648.55(d), and pursuant to the biennial 
framework adjustment process specified in Sec. 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. The sub-ACLs are 
specified in Sec. 648.90(a)(4)(iii)(C) of the NE multispecies 
regulations.
    (b) Georges Bank accountability measure. (1) Unless otherwise 
specified in Sec. 648.90(a)(5)(iv) of the NE multispecies regulations, 
if the Georges Bank yellowtail flounder sub-ACL for the scallop fishery 
is exceeded, the area defined by the following coordinates, bounded in 
the order stated by straight lines except where noted, shall be closed 
to scallop fishing by vessels issued a limited access scallop permit for 
the period of time specified in paragraph (b)(2) of this section:

                             Georges Bank Yellowtail Accountability Measure Closure
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
GBYT AM 1........................  41 deg.50' N.              (\1\)                     (\2\)
GBYT AM 2........................  40 deg.30' N.              (\3\)                     (\2\)
GBYT AM 3........................  40 deg.30' N.              66 deg.40' W.
GBYT AM 4........................  40 deg.40' N.              66 deg.40' W.
GBYT AM 5........................  40 deg.40' N.              66 deg.50' W.
GBYT AM 6........................  40 deg.50' N.              66 deg.50' W.
GBYT AM 7........................  40 deg.50' N.              67 deg.00' W.
GBYT AM 8........................  41 deg.00' N.              67 deg.00' W.
GBYT AM 9........................  41 deg.00' N.              67 deg.20' W.
GBYT AM 10.......................  41 deg.10' N.              67 deg.20' W.
GBYT AM 11.......................  41 deg.10' N.              67 deg.40' W.
GBYT AM 12.......................  41 deg.50' N.              67 deg.40' W.
GBYT AM 1........................  41 deg.50' N.              (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41 deg.50' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41 deg.50' N.
  lat., 66 deg.51.94' W. long.
\2\ From Point GBYT AM 1 connected to Point GBYT AM 2 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40 deg.30' N. lat. and the U.S.-Canada Maritime Boundary, approximately 40 deg.30' N.
  lat. and 65 deg.44.34' W. long.


[[Page 700]]

    (2) Duration of closure. The Georges Bank yellowtail flounder 
accountability measure closed area shall remain closed for the period of 
time, not to exceed 1 fishing year, as specified for the corresponding 
percent overage of the Georges Bank yellowtail flounder sub-ACL, as 
follows:
    (i) For years when the Closed Area II Sea Scallop Access Area is 
open, the closure duration shall be:

------------------------------------------------------------------------
    Percent overage of YTF sub-ACL              Length of closure
------------------------------------------------------------------------
3 or less.............................  October through November.
3.1-14................................  September through November.
14.1-16...............................  September through January.
16.1-39...............................  August through January.
39.1-56...............................  July through January.
Greater than 56.......................  March through February.
------------------------------------------------------------------------

    (ii) For fishing years when the Closed Area II Sea Scallop Access 
Area is closed to scallop fishing, the closure duration shall be:

------------------------------------------------------------------------
    Percent overage of YTF sub-ACL              Length of closure
------------------------------------------------------------------------
1.9 or less...........................  September through November.
2.0-2.9...............................  August through January.
3.0-3.9...............................  March and August through
                                         February.
4.0-4.9...............................  March and July through February.
5.0-5.9...............................  March through May and July
                                         through February.
6.0 or greater........................  March through February.
------------------------------------------------------------------------

    (c) Southern New England/Mid-Atlantic accountability measures--(1) 
Limited access scallop vessels. (i) Unless otherwise specified in Sec. 
648.90(a)(5)(iv) of the NE multispecies regulations, if the Southern New 
England/Mid-Atlantic yellowtail flounder sub-ACL for the scallop fishery 
is exceeded, the following area shall be closed to scallop fishing by 
vessels issued a limited access scallop permit for the period of time 
specified in paragraph (c)(1)(ii) of this section. The Southern New 
England Yellowtail Accountability Measure Closure Area for Limited 
Access Scallop Vessels is comprised of Northeast Region Statistical 
Areas #537, #539 and #613, and is defined by the following coordinates, 
connected in the order listed by straight lines, unless otherwise noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LA SNEYT AM A....................  (\1\)                      73 deg.00' W.
LA SNEYT AM B....................  40 deg.00' N.              73 deg.00' W.
LA SNEYT AM C....................  40 deg.00' N.              71 deg.40' W.
LA SNEYT AM D....................  39 deg.50' N.              71 deg.40' W.
LA SNEYT AM E....................  39 deg.50' N.              70 deg.00' W.
LA SNEYT AM F....................  (\2\)                      70 deg.00' W.             (\3\)
LA SNEYT AM G....................  41 deg.16.76' N.           70 deg.13.47' W.          (\3\) (\4\)
LA SNEYT AM H....................  41 deg.18.01' N.           70 deg.15.47' W.          (\5\)
LA SNEYT AM I....................  41 deg.20.26' N.           70 deg.18.30' W.          (\6\)
LA SNEYT AM J....................  41 deg.21.09' N.           70 deg.27.03' W.          (\7\) (\8\)
LA SNEYT AM K....................  41 deg.20' N.              (\9\)                     (\8\)
LA SNEYT AM L....................  41 deg.20' N.              71 deg.10' W.
LA SNEYT AM M....................  (\10\)                     71 deg.10' W.             (\11\)
LA SNEYT AM N....................  (\12\)                     71 deg.40' W.             (\11\)
LA SNEYT AM O....................  41 deg.00' N.              71 deg.40' W.
LA SNEYT AM P....................  41 deg.00' N.              (\13\)                    (\14\)
LA SNEYT AM A....................  (\1\)                      73 deg.00' W.             (\14\)
----------------------------------------------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ The southern coastline of Nantucket.
\3\ From Point F to Point G along the southern coastline of Nantucket.
\4\ Point G represents Esther Island, Nantucket, Massachusetts.
\5\ Point H represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point I represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point J represents Wasque Point, Chappaquiddick Island, Massachusetts.
\8\ From Point J to Point K along the southern coastline of Martha's Vineyard.
\9\ The western coastline of Martha's Vineyard.
\10\ The southern coastline of Rhode Island.
\11\ From Point M to Point N following the mainland coastline of Rhode Island.
\12\ The southern coastline of Rhode Island.
\13\ Southeast facing coastline of Long Island.
\14\ From Point P back to Point A along the southern mainland coastline of Long Island.

    (ii) Duration of closure. The Southern New England/Mid-Atlantic 
yellowtail flounder accountability measure closed area for limited 
access vessels shall remain closed for the period of time, not to exceed 
1 fishing year, as specified for

[[Page 701]]

the corresponding percent overage of the Southern New England/Mid-
Atlantic yellowtail flounder sub-ACL, as follows:

----------------------------------------------------------------------------------------------------------------
   Percent overage of YTF sub-ACL                                  Length of closure
----------------------------------------------------------------------------------------------------------------
2 or less...........................  March through April.
2.1-3...............................  March through April, and February.
3.1-7...............................  March through May, and February.
7.1-9...............................  March through May and January through February.
9.1-12..............................  March through May and December through February.
12.1-15.............................  March through June and December through February.
15.1-16.............................  March through June and November through February.
16.1-18.............................  March through July and November through February.
18.1-19.............................  March through August and October through February.
19.1 or more........................  March through February.
----------------------------------------------------------------------------------------------------------------

    (2) Limited access general category IFQ scallop vessels using 
dredges--(i) Unless otherwise specified in Sec. 648.90(a)(5)(iv) of the 
NE multispecies regulations, if the Southern New England/Mid-Atlantic 
yellowtail flounder sub-ACL for the scallop fishery is exceeded, and the 
criteria in paragraph (c)(2)(iii) of this section are met, the Southern 
New England Yellowtail Accountability Measure Closure Areas described in 
paragraphs (c)(2)(ii) through (iv) of this section shall be closed to 
scallop fishing by vessels issued an LAGC IFQ scallop permit and using 
dredges for the period of time specified in paragraph (c)(2)(v) of this 
section.
    (ii) Closure Area 1 is comprised of Northeast Region Statistical 
Area #537, and is defined by the following coordinates, connected in the 
order listed by straight lines, unless otherwise noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM1 A..........  41 deg.20' N.              (\1\)
LAGC Dredge SNEYT AM1 B..........  41 deg.20' N.              71 deg.10' W.
LAGC Dredge SNEYT AM1 C..........  41 deg.10' N.              71 deg.10' W.
LAGC Dredge SNEYT AM1 D..........  41 deg.10' N.              71 deg.20' W.
LAGC Dredge SNEYT AM1 E..........  40 deg.50' N.              71 deg.20' W.
LAGC Dredge SNEYT AM1 F..........  40 deg.50' N.              71 deg.40' W.
LAGC Dredge SNEYT AM1 G..........  39 deg.50' N.              71 deg.40' W.
LAGC Dredge SNEYT AM1 H..........  39 deg.50' N.              70 deg.00' W.
LAGC Dredge SNEYT AM1 I..........  (\2\)                      70 deg.00' W.             (\3\)
LAGC Dredge SNEYT AM1 J..........  41 deg.16.76' N.           70 deg.13.47' W.          (\3\) (\4\)
LAGC Dredge SNEYT AM1 K..........  41 deg.18.01' N.           70 deg.15.47' W.          (\5\)
LAGC Dredge SNEYT AM1 L..........  41 deg.20.26' N.           70 deg.18.30' W.          (\6\)
LAGC Dredge SNEYT AM1 M..........  41 deg.21.09' N. (\8\)     70 deg.27.03' W.          (\7\) (\8\)
LAGC Dredge SNEYT AM1 A..........  41 deg.20' N.              (\1\)                     (\8\)
----------------------------------------------------------------------------------------------------------------
\1\ The western coastline of Martha's Vineyard.
\2\ The southern coastline of Nantucket.
\3\ From Point I to Point J along the southern coastline of Nantucket.
\4\ Point J represents Esther Island, Nantucket, Massachusetts.
\5\ Point K represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point L represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point M represents Wasque Point, Chappaquiddick Island, Massachusetts.
\8\ From Point M back to Point A along the southern coastline of Martha's Vineyard.

    (iii) Closure Area 2 is comprised of Northeast Region Statistical 
Area #613, and is defined by the following coordinates, connected in the 
order listed by straight lines, unless otherwise noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM2 A..........  (\1\)                      73 deg.00' W.
LAGC Dredge SNEYT AM2 B..........  40 deg.00' N.              73 deg.00' W.
LAGC Dredge SNEYT AM2 C..........  40 deg.00' N.              71 deg.40' W.
LAGC Dredge SNEYT AM2 D..........  41 deg.00' N.              71 deg.40' W.
LAGC Dredge SNEYT AM2 E..........  41 deg.00' N.              (\2\)                     (\3\)
LAGC Dredge SNEYT AM2 A..........  (\1\)                      73 deg.00' W.             (\3\)
----------------------------------------------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ Southeast facing coastline of Long Island.

[[Page 702]]

 
\3\ From Point E back to Point A along the southern mainland coastline of Long Island.

    (iv) Closure Area 3 is comprised of Northeast Region Statistical 
Area #539, and is defined by the following coordinates, connected in the 
order listed by straight lines, unless otherwise noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM3 A..........  (\1\)                      71 deg.40' W.
LAGC Dredge SNEYT AM3 B..........  40 deg.50' N.              71 deg.40' W.
LAGC Dredge SNEYT AM3 C..........  40 deg.50' N.              71 deg.20' W.
LAGC Dredge SNEYT AM3 D..........  41 deg.10' N.              71 deg.20' W.
LAGC Dredge SNEYT AM3 E..........  41 deg.10' N.              71 deg.10' W.
LAGC Dredge SNEYT AM3 F..........  (\1\)                      71 deg.10' W.             (\2\)
LAGC Dredge SNEYT AM3 A..........  (\1\)                      71 deg.40' W.             (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The southern coastline of Rhode Island.
\2\ From Point F back to Point A following the southern mainland coastline of Rhode Island.

    (v) Duration of closure. The Southern New England/Mid-Atlantic 
yellowtail flounder accountability measure closure areas for LAGC IFQ 
vessels using dredge gear shall remain closed for the period of time, 
not to exceed 1 fishing year, as specified for the corresponding percent 
overage of the Southern New England/Mid-Atlantic yellowtail flounder 
sub-ACL, as follows:

----------------------------------------------------------------------------------------------------------------
                                                            AM closure area and duration
  Percent overage of YTF sub-ACL   -----------------------------------------------------------------------------
                                      AM Closure Area 1      AM Closure Area 2          AM Closure Area 3
----------------------------------------------------------------------------------------------------------------
2 or less.........................  Mar-Apr..............  Mar-Apr.............  Mar-Apr.
2.1-7.............................  Mar-May, Feb.........  Mar-May, Feb........  Mar-May, Feb.
7.1-12............................  Mar-May, Dec-Feb.....  Mar-May, Feb........  Mar-May, Dec-Feb.
12.1-16...........................  Mar-Jun, Nov-Feb.....  Mar-May, Feb........  Mar-Jun, Nov-Feb.
16.1 or greater...................  Mar-Jun, Nov-Feb.....  Mar-May, Feb........  All year.
----------------------------------------------------------------------------------------------------------------

    (vi) The Southern New England/Mid-Atlantic yellowtail flounder 
accountability measure for LAGC IFQ vessels using dredge gear shall only 
be triggered if the Southern New England/Mid-Atlantic yellowtail 
flounder sub-ACL is exceeded, an accountability measure is triggered for 
the limited access scallop fishery, and the catch of yellowtail flounder 
by LAGC IFQ vessels using dredge gear was estimated to be more than 3 
percent of the total catch of yellowtail flounder in the scallop 
fishery. For example, in a given fishing year, if the total sub-ACL for 
the scallop fishery was 50 mt of yellowtail flounder and LAGC IFQ 
vessels using dredge gear caught an estimated 1 mt, accountability 
measures for IFQ vessels using dredges would not trigger because the 
fishery did not catch more than 3 percent of the Southern New England/
Mid-Atlantic yellowtail flounder sub-ACL (1.5 mt), even if the total 
sub-ACL was exceeded. If LAGC IFQ vessels using dredge gear caught more 
than 3 percent of the Southern New England/Mid-Atlantic yellowtail 
flounder, but the sub-ACL is not exceeded and the limited access 
accountability measure is not triggered, LAGC IFQ vessels using dredge 
gear would not trigger their own accountability measure.
    (3) Limited access general category IFQ scallop vessels using 
trawls--(i) Unless otherwise specified in Sec. 648.90(a)(5)(iv) of the 
NE multispecies regulations, if the Southern New England/Mid-Atlantic 
yellowtail flounder sub-ACL for the scallop fishery is exceeded, and the 
criteria in paragraph (c)(3)(iii) of this section are met, the area 
defined by the following coordinates shall be closed to LAGC vessels 
fishing with trawl for the period of time specified in paragraph 
(c)(3)(ii) of this section. Southern New England Yellowtail 
Accountability Measure Closure Area for Limited Access General Category 
IFQ Scallop Vessels using Trawl Gear is comprised of Northeast Region 
Statistical Areas #612 and #613, and is defined by the following 
coordinates, connected in the

[[Page 703]]

order listed by straight lines, unless otherwise noted:

------------------------------------------------------------------------
            Point                    N. lat.              W. long.
------------------------------------------------------------------------
LAGC Trawl SNEYT AM A.......  40 deg.00'            (\1\)
LAGC Trawl SNEYT AM B.......  40 deg.00'            71 deg.40'
LAGC Trawl SNEYT AM C.......  41 deg.00'            71 deg.40'
LAGC Trawl SNEYT AM D.......  41 deg.00' (\2\)      (\3\)
------------------------------------------------------------------------
\1\ New Jersey mainland coastline.
\2\ From Point D back to Point A along the southern mainland coastline
  of Long Island and New York, and the eastern coastline of New Jersey.
\3\ Southeast facing coastline of Long Island, NY.

    (ii) Duration of closure. The Southern New England/Mid-Atlantic 
yellowtail flounder accountability measure closure area for LAGC IFQ 
vessels using trawl gear shall remain closed for the period of time, not 
to exceed 1 fishing year, as specified for the corresponding percent 
overage of the Southern New England/Mid-Atlantic yellowtail flounder 
sub-ACL, as follows:

----------------------------------------------------------------------------------------------------------------
   Percent overage of YTF sub-ACL                                  Length of closure
----------------------------------------------------------------------------------------------------------------
2 or less...........................  March through April.
2.1-3...............................  March through April, and February.
3.1-7...............................  March through May, and February.
7.1-9...............................  March through May and January through February.
9.1-12..............................  March through May and December through February.
12.1-15.............................  March through June and December through February.
----------------------------------------------------------------------------------------------------------------

    (iii) The accountability measure for LAGC vessels using trawl gear 
shall be triggered under the following conditions:
    (A) If the estimated catch of Southern New England/Mid-Atlantic 
yellowtail flounder by LAGC IFQ vessels using trawl gear is more than 10 
percent of the total Southern New England/Mid-Atlantic yellowtail 
flounder sub-ACL, the accountability measure for LAGC IFQ vessels using 
trawl gear shall be triggered, regardless of whether or not the scallop 
fishery's Southern New England/Mid-Atlantic yellowtail flounder sub-ACL 
was exceeded in a given fishing year. In this case, the accountability 
measure closure season shall be from March-June and again from December-
February (a total of 7 months). For example, if the scallop fishery's 
Southern New England/Mid-Atlantic yellowtail flounder sub-ACL for a 
given fishing year is 50 mt, LAGC IFQ vessels using trawl gear would 
trigger a 7-month closure, the most restrictive closure duration 
specified in paragraph (c)(3)(ii) of this section, if they caught 5 mt 
or more of yellowtail flounder.
    (B) If the scallop fishery's Southern New England/Mid-Atlantic 
yellowtail flounder sub-ACL for a given fishing year is exceeded, 
resulting in an accountability measure for the limited access fleet as 
specified in paragraph (c)(1) of this section, LAGC IFQ vessels using 
trawl gear shall be subject to a seasonal closure accountability 
measure, as specified in paragraph (c)(3)(i) of this section, based on 
the total scallop fishery's sub-ACL overage, as specified in paragraph 
(c)(3)(ii) of this section.
    (C) If both of these conditions are triggered, (i.e., LAGC IFQ 
vessels using trawl gear catch more than 10 percent of the total 
Southern New England/Mid-Atlantic yellowtail flounder sub-ACL and the 
overall Southern New England/Mid-Atlantic yellowtail flounder sub-ACL is 
exceeded, triggering limited access scallop fishery accountability 
measures), the most restrictive accountability measure shall apply to 
LAGC IFQ vessels using trawl gear (i.e., the closure season would be 
from March-June and again from December-February).
    (iv) If the LAGC accountability measure for vessels using trawl gear 
is triggered, a vessel can switch to dredge gear to continue fishing in 
the LAGC trawl closure areas, as specified in

[[Page 704]]

paragraph (c)(3)(i) of this section, during the time of year when trawl 
gear is prohibited, as specified in paragraph (c)(3)(ii) of this 
section. If such a vessel does switch to dredge gear, it is subject to 
any yellowtail flounder accountability measures that may be in place for 
that gear type, as specified in paragraph (c)(3) of this section.
    (d) [Reserved]
    (e) Process for implementing the AM--(1) If reliable information is 
available to make a mid-year determination: On or about January 15 of 
each year, based upon catch and other information available to NMFS, the 
Regional Administrator shall determine whether a yellowtail flounder 
sub-ACL was exceeded, or is projected to be exceeded, by scallop vessels 
prior to the end of the scallop fishing year ending on February 28/29. 
The determination shall include the amount of the overage or projected 
amount of the overage, specified as a percentage of the overall sub-ACL 
for the applicable yellowtail flounder stock, in accordance with the 
values specified in paragraph (a) of this section. Based on this initial 
projection in mid-January, the Regional Administrator shall implement 
the AM in accordance with the APA and notify owners of limited access 
and LAGC scallop vessels by letter identifying the length of the closure 
and a summary of the yellowtail flounder catch, overage, and projection 
that resulted in the closure.
    (2) If reliable information is not available to make a mid-year 
determination: Once NMFS has compiled the necessary information (e.g., 
when the previous fishing year's observer and catch data are fully 
available), the Regional Administrator shall determine whether a 
yellowtail flounder sub-ACL was exceeded by scallop vessels following 
the end of the scallop fishing year ending on February 28/29. The 
determination shall include the amount of the overage, specified as a 
percentage of the overall sub-ACL for the applicable yellowtail flounder 
stock, in accordance with the values specified in paragraph (a) of this 
section. Based on this information, the Regional Administrator shall 
implement the AM in accordance with the APA in Year 3 (e.g., an 
accountability measure would be implemented in fishing year 2016 for an 
overage that occurred in fishing year 2014) and notify owners of limited 
access and LAGC scallop vessels by letter identifying the length of the 
closure and a summary of the yellowtail flounder catch and overage 
information.
    (f) [Reserved]

[76 FR 43770, July 21, 2011, as amended at 77 FR 20742, Apr. 6, 2012; 77 
FR 26122, May 2, 2012; 78 FR 27108, May 9, 2013; 79 FR 34266, June 16, 
2014; 80 FR 22134, Apr. 21, 2015]



Sec. 648.65  Windowpane flounder sub-ACL and AM for the scallop
fishery.

    (a) As specified in Sec. 648.55(d), and pursuant to the biennial 
framework adjustment process specified in Sec. 648.90, the scallop 
fishery shall be allocated a sub-ACL for SNE/MA stock of windowpane 
flounder. The sub-ACLs for the 2014 fishing year are specified in Sec. 
648.90(a)(4)(iii)(E) of the NE multispecies regulations.
    (b) Accountability measure. (1) Unless otherwise specified in Sec. 
648.90(a)(5)(iv) of the NE multispecies regulations, if the SNE/MA 
windowpane flounder sub-ACL for the scallop fishery is exceeded and an 
accountability measure is triggered as described in Sec. 
648.90(a)(5)(iv), the area west of 71 deg. W. long., shall be considered 
the SNE/MA windowpane flounder gear restricted area. Scallop vessels 
participating in the DAS, or LAGC IFQ scallop fishery for the period of 
time specified in paragraph (b)(2) of this section must comply with the 
gear restrictions specified in paragraph (b)(3) of this section when 
fishing in open areas. This accountability measure does not apply to 
scallop vessels fishing in Sea Scallop Access Areas.
    (2) Duration of gear restricted area. The SNE/MA windowpane flounder 
accountability measure gear restricted area shall remain in effect for 
the period of time based on the corresponding percent overage of the 
SNE/MA windowpane flounder sub-ACL, as follows:

------------------------------------------------------------------------
      Percent overage of sub-ACL               Length of closure
------------------------------------------------------------------------
20 or less...........................  February.
Greater than 20......................  March and February.
------------------------------------------------------------------------

    (3) Gear restriction. When subject to the SNE/MA windowpane flounder 
accountability measure gear restricted area as described in paragraphs 
(b) and

[[Page 705]]

(b)(2) of this section, a vessel must fish with scallop dredge gear that 
conforms to the following restrictions:
    (i) 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
    (ii) The maximum hanging ratio for a net, net material, or any other 
material on the top of a scallop dredge (twine top) possessed or used by 
vessels fishing with scallop dredge gear does not exceed 1.5:1 overall. 
An overall hanging ratio of 1.5:1 means that the twine top is attached 
to the rings in a pattern of alternating 2 meshes per ring and 1 mesh 
per ring (counted at the bottom where the twine top connects to the 
apron), for an overall average of 1.5 meshes per ring for the entire 
width of the twine top. For example, an apron that is 40 rings wide 
subtracting 5 rings one each side of the side pieces, yielding 30 rings, 
would only be able to use a twine top with 45 or fewer meshes so that 
the overall ratio of meshes to rings did not exceed 1.5 (45 meshes/30 
rings = 1.5).
    (iii) Vessels may not fish for scallops with trawl gear west of 
71 deg. W. Long when the gear restricted area accountability measure is 
in effect.
    (c) Process for implementing the AM--(1) If reliable information is 
available to make a mid-year determination: On or about January 15 of 
each year, based upon catch and other information available to NMFS, the 
Regional Administrator shall determine whether the SNE/MA windowpane 
flounder sub-ACL was exceeded, or is projected to be exceeded, and if an 
accountability measure was triggered as described in Sec. 
648.90(a)(5)(iv), by scallop vessels prior to the end of the scallop 
fishing year ending on February 28/29. The determination shall include 
the amount of the overage or projected amount of the overage, specified 
as a percentage of the overall sub-ACL for the SNE/MA windowpane 
flounder stock, in accordance with the values specified in paragraph (a) 
of this section. Based on this initial determination in mid-January, the 
Regional Administrator shall implement the AM in the following fishing 
year in accordance with the APA and attempt to notify owners of limited 
access and LAGC scallop vessels by letter identifying the length of the 
gear restricted area and a summary of the SNE/MA windowpane flounder 
catch, overage, and projection that resulted in the gear restricted 
area.
    (2) If reliable information is not available to make a mid-year 
determination: Once NMFS has compiled the necessary information (e.g., 
when the previous fishing year's observer and catch data are fully 
available), the Regional Administrator shall determine whether the SNE/
MA windowpane flounder sub-ACL was exceeded and if an accountability 
measure was triggered as described in Sec. 648.90(a)(5)(iv), by scallop 
vessels following the end of the scallop fishing year ending on February 
28/29. The determination shall include the amount of the overage, 
specified as a percentage of the overall sub-ACL for the SNE/MA 
windowpane flounder stock, in accordance with the values specified in 
paragraph (a) of this section. Based on this information, the Regional 
Administrator shall implement the AM in accordance with the APA in Year 
3 (e.g., an accountability measure would be implemented in fishing year 
2016 for an overage that occurred in fishing year 2014) and attempt to 
notify owners of limited access and LAGC scallop vessels by letter 
identifying the length of the gear restricted area and a summary of the 
SNE/MA windowpane flounder catch and overage information.

[79 FR 34268, June 16, 2014, as amended at 80 FR 22134, Apr. 21, 2015]



   Subpart E_Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries



Sec. 648.70  Surfclam and ocean quahog Annual Catch Limit (ACL).

    (a) The MAFMC staff shall recommend to the MAFMC ACLs for the 
surfclam and ocean quahog fisheries, which shall be equal to the ABCs 
recommended by the SSC.

[[Page 706]]

    (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 Sec. 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.

[76 FR 60622, Sept. 29, 2011]



Sec. 648.71  Surfclam and ocean quahog Annual Catch Targets (ACT).

    (a) The MAFMC staff shall identify and review the relevant sources 
of management uncertainty to recommend ACTs to the MAFMC as part of the 
surfclam and ocean quahog specification process. The MAFMC staff 
recommendations shall identify the specific sources of management 
uncertainty that were considered, technical approaches to mitigating 
these sources of uncertainty, and any additional relevant information 
considered in the ACT recommendation process.
    (1) Sectors. 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 Sec. 648.70(b)(1) through (3).

[76 FR 60622, Sept. 29, 2011]



Sec. 648.72  Surfclam and ocean quahog specifications.

    (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 for up to a 3-year period by the Regional 
Administrator. 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 up to a 3-year period. In selecting the annual quotas, the MAFMC 
shall consider the current

[[Page 707]]

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 MAFMC, the 
Regional Administrator shall publish proposed surfclam and ocean quahog 
quotas in the Federal Register. The Regional Administrator shall 
consider public comments received, determine the appropriate annual 
quotas, and publish the annual quotas in the Federal Register. The quota 
shall be set at that amount that is most consistent with the objectives 
of the Atlantic Surfclam and Ocean Quahog FMP. The Regional 
Administrator may set quotas at quantities different from the MAFMC's 
recommendations only if he/she can demonstrate that the MAFMC's 
recommendations violate the national standards of the Magnuson-Stevens 
Act or the objectives of the Atlantic Surfclam and Ocean Quahog FMP or 
other applicable law.
    (b) Interim quota modifications. Based upon information presented in 
the quota reports described in paragraph (a)(1) of this section, the 
MAFMC may recommend to the Regional Administrator a modification to the 
annual quotas that have been specified for a 3-year period and any 
estimate of DAH or DAP made in conjunction with such specifications 
within the ranges specified in paragraph (a)(1) of this section. Based 
upon the MAFMC's recommendation, the Regional Administrator may propose 
surfclam and or ocean quahog quotas that differ from the annual quotas 
specified for the current 3-year period. Such modification shall be in 
effect for a period of up to 3 years, unless further modified. Any 
interim modification shall follow the same procedures for establishing 
the annual quotas that are specified for up to a 3-year period.
    (c) Annual quotas. The annual quotas for surfclams and ocean quahogs 
will remain effective unless revised pursuant to this section. At the 
end of a multiyear quota period, NMFS will issue notification in the 
Federal Register if the previous year's specifications will not be 
changed.

[76 FR 60622, Sept. 29, 2011, as amended at 81 FR 38972, June 15, 2016]



Sec. 648.73  Surfclam and ocean quahog Accountability Measures.

    (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.

[76 FR 60623, Sept. 29, 2011]



Sec. 648.74  Individual Transferable Quota (ITQ) Program.

    (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

[[Page 708]]

by the Regional Administrator pursuant to Sec. 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 Sec. 
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 
Administrator will notify the applicant of any deficiency in the 
application.
    (B) Renewal applications. Applications to renew a surfclam or ocean 
quahog ITQ permit must be received by November 1 to be processed in time 
for permits to be issued by December 15, as specified in paragraph 
(a)(1)(iii) of this section. Renewal applications received after this 
date may not be approved, and a new permit may not be issued before the 
start of the next fishing year. An ITQ permit holder must renew his/her 
ITQ permit(s) on an annual basis by submitting an application and an 
ownership form for such permit prior to the end of the fishing year for 
which the permit is required. Failure to renew a surfclam or ocean 
quahog ITQ permit in any fishing year will result in any surfclam or 
ocean quahog ITQ quota share held by that ITQ permit holder to be 
considered abandoned and relinquished as specified in paragraph 
(a)(1)(ix) of this section.
    (C) Lenders Holding ITQ Quota Share as Collateral. A bank or other 
lender that holds ITQ quota share as collateral on a loan may be allowed 
to provide less detailed information on the ITQ ownership form under the 
following conditions.
    (1) The lender certifies that the ITQ quota share is held solely as 
collateral on a loan and the lender does not exert any control over the 
use of the annual allocation of cage tags.
    (2) The lender identifies the borrower, and the borrower maintains a 
valid ITQ permit including all required ownership information.
    (3) The lender may only transfer quota share or cage tags to the 
identified borrower. The borrower could then transfer the quota share or 
cage tags to another party, if desired.
    (iii) Issuance. Except as provided in subpart D of 15 CFR part 904, 
and provided an application for such permit is submitted by November 1, 
as specified in paragraph (a)(1)(ii)(B) of this section, NMFS shall 
issue annual ITQ permits on or before December 15, to allow allocation 
owners to purchase cage tags from a vendor specified by the Regional 
Administrator pursuant to Sec. 648.77(b).
    (iv) Duration. An ITQ permit is valid through December 31 of each 
fishing year unless it is suspended, modified, or revoked pursuant to 15 
CFR part 904, or revised due to a transfer of all or part of the ITQ 
quota share or cage tag allocation under paragraph (b) of this section.
    (v) Alteration. An ITQ permit that is altered, erased, or mutilated 
is invalid.
    (vi) Replacement. The Regional Administrator may issue a replacement 
permit upon written application of the annual ITQ permit holder.
    (vii) Transfer. The annual ITQ permit is valid only for the person 
to whom it is issued. All or part of the ITQ quota share or the cage tag 
allocation specified in the ITQ permit may be transferred in accordance 
with paragraph (b) of this section.
    (viii) Fee. The Regional Administrator may, after publication of a 
fee

[[Page 709]]

notification in the Federal Register, charge a permit fee before 
issuance of the permit to recover administrative expenses. Failure to 
pay the fee will preclude issuance of the permit.
    (ix) Abandonment or voluntary relinquishment. Any ITQ permit that is 
voluntarily relinquished to the Regional Administrator, or deemed to 
have been voluntarily relinquished for failure to renew in accordance 
with paragraph (a)(1)(ii) of this section, shall not be reissued or 
renewed in a subsequent year, except as specified in paragraph (a)(1)(x) 
of this section.
    (x) Transitional grace period. A surfclam or ocean quahog quota 
share holder who does not submit a complete application for an ITQ 
permit before the end of the 2016 fishing year, may be granted a grace 
period of up to one year to complete the initial application process, 
and be issued an ITQ permit, before the quota share is considered 
permanently relinquished. If an individual is issued a 2016 ITQ permit, 
but fails to renew that ITQ permit before the end of the 2017 fishing 
year, the Regional Administrator may allow a grace period until no later 
than July 1, 2018, to complete the renewal process and retain the 
permit. A permit holder may not be issued cage tags or transfer quota 
share until a valid ITQ permit is issued. Failure to complete the ITQ 
permit application or renewal process, and be issued a valid ITQ permit 
before the end of such a grace period would result in the ITQ permit and 
any associated ITQ quota share being permanently forfeit.
    (2) [Reserved]
    (b) Transfers--(1) Quota share percentage. Subject to the approval 
of the Regional Administrator, part or all of a quota share percentage 
may be transferred in the year in which the transfer is made, to any 
person or entity with a valid ITQ permit under paragraph (a) of this 
section. Approval of a transfer by the Regional Administrator and for a 
new ITQ permit reflecting that transfer may be requested by submitting a 
written application for approval of the transfer and for issuance of a 
new ITQ permit to the Regional Administrator at least 10 days before the 
date on which the applicant desires the transfer to be effective, in the 
form of a completed transfer form supplied by the Regional 
Administrator. The transfer is not effective until the new holder 
receives a new or revised ITQ permit from the Regional Administrator 
reflecting the new quota share percentage. An application for transfer 
may not be made between October 15 and December 31 of each year.
    (2) Cage tags. Cage tags issued pursuant to Sec. 648.77 may be 
transferred at any time, and in any amount subject to the restrictions 
and procedure specified in paragraph (b)(1) of this section; provided 
that application for such cage tag transfers may be made at any time 
before December 10 of each year. The transfer is effective upon the 
receipt by the transferee of written authorization from the Regional 
Administrator.
    (3) Denial of ITQ transfer application. The Regional Administrator 
may reject an application to transfer surfclam or ocean quahog ITQ quota 
share or cage tags for the following reasons: The application is 
incomplete; the transferor or transferee does not possess a valid 
surfclam or ocean quahog ITQ permit for the appropriate species; the 
transfer is not allowed under paragraph (a)(1)(ii)(C)(3) of this 
section; the transferor's or transferee's surfclam or ocean quahog ITQ 
permit has been sanctioned pursuant to an enforcement proceeding under 
15 CFR part 904; or any other failure to meet the requirements of this 
subpart. Upon denial of an application to transfer ITQ allocation, the 
Regional Administrator shall send a letter to the applicant describing 
the reason(s) for the denial. The decision by the Regional Administrator 
is the final decision of the Department of Commerce; there is no 
opportunity for an administrative appeal.
    (c) ITQ cost recovery--(1) General. The cost recovery program 
collects fees of up to three percent of the ex-vessel value of surfclams 
or ocean quahogs harvested under the ITQ program in accordance with the 
Magnuson-Stevens Act. NMFS collects these fees to recover the actual 
costs directly related to the management, data collection, and 
enforcement of the surfclam and ocean quahog ITQ program.
    (2) Fee responsibility. If you are an ITQ permit holder who holds 
ITQ quota share and receives an annual allocation

[[Page 710]]

pursuant to paragraph (a) of this section, you shall incur a cost 
recovery fee, based on all landings of surfclams or ocean quahogs 
authorized under your initial annual allocation of cage tags. You are 
responsible for paying the fee assessed by NMFS, even if the landings 
are made by another ITQ permit holder (i.e., if you transfer cage tags 
to another individual who subsequently uses those tags to land clams). 
If you permanently transfer your quota share, you are still responsible 
for any fee that results from your initial annual allocation of cage 
tags even if the landings are made after the quota share is permanently 
transferred.
    (3) Fee basis. NMFS will establish the fee percentages and 
corresponding per-tag fees for both the surfclam and ocean quahog ITQ 
fisheries each year. The fee percentages cannot exceed three percent of 
the ex-vessel value of surfclams and ocean quahogs harvested under the 
ITQ fisheries pursuant to section 304(d)(2)(B) of the Magnuson-Stevens 
Act.
    (i) Calculating fee percentage. In the first quarter of each 
calendar year, NMFS will calculate the fee percentages for both the 
surfclam and ocean quahog ITQ fisheries based on information from the 
previous year. NMFS will use the following equation to annually 
determine the fee percentages: Fee percentage = the lower of 3 percent 
or (DPC/V) x 100, where:
    (A) ``DPC,'' or direct program costs, are the actual incremental 
costs for the previous fiscal year directly related to the management, 
data collection, and enforcement of the ITQ program. ``Actual 
incremental costs'' mean those costs that would not have been incurred 
but for the existence of the ITQ program. If the amount of fees 
collected by NMFS is greater or lesser than the actual incremental costs 
incurred, the DPC will be adjusted accordingly for calculation of the 
fee percentage in the following year.
    (B) ``V'' is the total ex-vessel value from the previous calendar 
year attributable to the ITQ fishery.
    (ii) Calculating per-tag fee. To facilitate fee collection, NMFS 
will convert the annual fee percentages into per-tag fees for both the 
surfclam and ocean quahog ITQ fisheries. NMFS will use the following 
equation to determine each per-tag fee: Per-Tag Fee = (Fee Percentage x 
V)/T, where:
    (A) ``T'' is the number of cage tags used, pursuant to Sec. 648.77, 
to land shellfish in the ITQ fishery in the previous calendar year.
    (B) ``Fee percentage'' and ``V'' are defined in paragraph (c)(3)(i) 
of this section.
    (C) The per-tag fee is rounded down so that it is expressed in whole 
cents.
    (iii) Publication. During the first quarter of each calendar year, 
NMFS will announce the fee percentage and per-tag fee for the surfclam 
and ocean quahog ITQ fisheries, and publish this information on the 
Regional Office Web site (www.greateratlantic.fisheries.noaa.gov).
    (4) Calculating individual fees. If you are responsible for a cost 
recovery fee under paragraph (c)(2) of this section, the fee amount is 
the number of ITQ cage tags you were initially allocated at the start of 
the fishing year that were subsequently used to land shellfish 
multiplied by the relevant per-tag fee, as described in paragraph 
(c)(3)(ii) of this section. If no tags from your initial allocation are 
used to land clams you will not incur a fee.
    (5) Fee payment and collection. NMFS will send you a bill each year 
for any applicable ITQ cost recovery fee.
    (i) Payment due date. You must submit payment within 30 days of the 
date of the bill.
    (ii) Payment method. You may pay your bill electronically using a 
credit card or direct Automated Clearing House withdrawal from a 
designated checking account through the Federal web portal, www.pay.gov, 
or another internet site designated by the Regional Administrator. 
Instructions for electronic payment will be included with your bill and 
are available on the payment Web site. Alternatively, payment by check 
may be authorized by the Regional Administrator if he/she determines 
that electronic payment is not practicable.
    (6) Payment compliance. If you do not submit full payment by the due 
date, NMFS will notify you in writing via an initial administrative 
determination (IAD) letter.
    (i) IAD. In the IAD, NMFS will:

[[Page 711]]

    (A) Describe the past-due fee;
    (B) Describe any applicable interest charges that may apply;
    (C) Provide you 30 days to either pay the specified amount or submit 
an appeal; and
    (D) Include instructions for submitting an appeal.
    (ii) Appeals. If you wish to appeal the IAD, your appeal must:
    (A) Be in writing;
    (B) Allege credible facts or circumstances;
    (C) Include any relevant information or documentation to support 
your appeal; and
    (D) Be received by NMFS no later than 30 calendar days after the 
date on the IAD. If the last day of the time period is a Saturday, 
Sunday, or Federal holiday, the time period will extend to the close of 
the business on the next business day. Your appeal must be mailed or 
hand delivered to the address specified in the IAD.
    (iii) Final decision--(A) Final decision on your appeal. If you 
appeal an IAD, the Regional Administrator shall appoint an appeals 
officer. After determining there is sufficient information and that all 
procedural requirements have been met, the appeals officer will review 
the record and issue a recommendation on your appeal to the Regional 
Administrator, which shall be advisory only. The recommendation must be 
based solely on the record. Upon receiving the findings and 
recommendation, the Regional Administrator, acting on behalf of the 
Secretary of Commerce, will issue a written decision on your appeal 
which is the final decision of the Department of Commerce.
    (B) Final decision if you do not appeal. If you do not appeal the 
IAD within 30 calendar days, NMFS will notify you via a final decision 
letter. The final decision will be from the Regional Administrator and 
is the final decision of the Department of Commerce.
    (C) If the final decision determines that you are out of compliance. 
(1) The Regional Administrator may, at any time thereafter, disapprove 
any application to transfer quota share or cage tags under Sec. 
648.74(b), and prohibit issuance of the surfclam or ocean quahog ITQ 
permit for subsequent years, until the outstanding balance is paid in 
full.
    (2) The final decision will require full payment within 30 calendar 
days.
    (3) If full payment is not received within 30 calendar days of 
issuance of the final decision, NMFS may refer the matter to the 
appropriate authorities for the purposes of collection or enforcement.
    (7) Annual report. NMFS will publish annually a report on the status 
of the ITQ cost recovery program. The report will provide details of the 
costs incurred by NMFS for the management, data collection, and 
enforcement of the surfclam and ocean quahog ITQ program, and other 
relevant information at the discretion of the Regional Administrator.

[80 FR 42751, July 20, 2015, as amended at 81 FR 38973, June 15, 2016



Sec. 648.75  Shucking at sea and minimum surfclam size.

    (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 Sec. 648.7.
    (2) Conversion factor. (i) Based on the recommendation of the MAFMC, 
the

[[Page 712]]

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 shall be in writing and be carried aboard the vessel.
    (b) Minimum surfclam size--(1) Minimum length. The minimum length 
for surfclams is 4.75 inches (12.065 cm).
    (2) Determination of compliance. No more than 50 surfclams in any 
cage may be less than 4.75 inches (12.065 cm) in length. If more than 50 
surfclams in any inspected cage of surfclams are less than 4.75 inches 
(12.065 cm) in length, all cages landed by the same vessel from the same 
trip are deemed to be in violation of the minimum size restriction.
    (3) Suspension. Upon the recommendation of the MAFMC, the Regional 
Administrator may suspend annually, by publication in the Federal 
Register, the minimum shell-length standard, unless discard, catch, and 
survey data indicate that 30 percent of the surfclams are smaller than 
4.75 inches (12.065 cm) and the overall reduced shell length is not 
attributable to beds where the growth of individual surfclams has been 
reduced because of density dependent factors.
    (4) Measurement. Length is measured at the longest dimension of the 
surfclam shell.

[76 FR 60623, Sept. 29, 2011, as amended at 81 FR 38974, June 15, 2016]



Sec. 648.76  Closed areas.

    (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 deg.25'36` N. lat., 
70 deg.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 deg.25'04` N. lat., 
73 deg.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 deg.31'00` N. 
lat., 73 deg.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 deg.19'48` N. lat., 
73 deg.45'42` W. long., to a point at the limit of the state territorial 
waters of New Jersey at 40 deg.14'00` N. lat., 73 deg.55'42` W. long.
    (3) 106 Dumpsite. The toxic industrial site known as the ``106 
Dumpsite'' and located between 38 deg.40'00` and 39 deg.00'00` N. lat., 
and between 72 deg.00'00` and 72 deg.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 deg. W. long., and south of 42 deg.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 section. The open portion of the Georges Bank Closed Area

[[Page 713]]

is defined by straight lines connecting the following points in the 
order stated:

              Open Portion of the Georges Bank Closed Area
------------------------------------------------------------------------
                  Point                     N. Latitude    W. Longitude
------------------------------------------------------------------------
1.......................................      42 deg.00'      68 deg.50'
2.......................................      42 deg.00'      67 deg.20'
3.......................................      41 deg.00'      67 deg.20'
4.......................................      41 deg.00'      67 deg.10'
5.......................................      40 deg.40'      67 deg.10'
6.......................................      40 deg.40'      68 deg.30'
7.......................................      41 deg.30'      68 deg.30'
8.......................................      41 deg.30'      68 deg.50'
1.......................................      42 deg.00'      68 deg.50'
------------------------------------------------------------------------

    (i) Requirements for Vessels Fishing in the Open Portion of the 
Georges Bank Closed Area. A vessel may fish in the open portion of the 
Georges Bank Closed Area as specified in this paragraph (a)(4), provided 
it complies with the following terms and conditions:
    (A) A valid letter of authorization issued by the Regional 
Administrator must be onboard the vessel; and
    (B) The vessel must adhere to the terms and conditions of the PSP 
testing protocol as adopted into the National Shellfish Sanitation 
Program by the Interstate Shellfish Sanitation Conference. All surfclams 
and ocean quahogs harvested from the area must be handled in accordance 
with the terms and conditions of the protocol from the first point of 
harvest through completion of testing and release by the State Shellfish 
Control Authority as required by the PSP testing protocol; and
    (C) Prior to leaving port at the start of a fishing trip, the 
vessel's owner or operator must declare its intent to fish in the area 
through the vessel's vessel monitoring system.
    (ii) [Reserved]
    (b) Areas closed because of small surfclams. Areas may be closed 
because they contain small surfclams.
    (1) Closure. The Regional Administrator may close an area to 
surfclams and ocean quahog fishing if he/she determines, based on 
logbook entries, processors' reports, survey cruises, or other 
information, that the area contains surfclams of which:
    (i) Sixty percent or more are smaller than 4.5 inches (11.43 cm); 
and
    (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) 
in size.
    (2) Reopening. The Regional Administrator may reopen areas or parts 
of areas closed under paragraph (b)(1) of this section if he/she 
determines, based on survey cruises or other information, that:
    (i) The average length of the dominant (in terms of weight) size 
class in the area to be reopened is equal to or greater than 4.75 inches 
(12.065 cm); or
    (ii) The yield or rate of growth of the dominant shell-length class 
in the area to be reopened would be significantly enhanced through 
selective, controlled, or limited harvest of surfclams in the area.
    (c) Procedure. (1) The Regional Administrator may hold a public 
hearing on the proposed closure or reopening of any area under paragraph 
(a) or (b) of this section. The Regional Administrator shall publish 
notification in the Federal Register of any proposed area closure or 
reopening, including any restrictions on harvest in a reopened area. 
Comments on the proposed closure or reopening must be submitted to the 
Regional Administrator within 30 days after publication. The Regional 
Administrator shall consider all comments and publish the final 
notification of closure or reopening, and any restrictions on harvest, 
in the Federal Register. Any adjustment to harvest restrictions in a 
reopened area shall be made by notification in the Federal Register. The 
Regional Administrator shall send notice of any action under this 
paragraph (c)(1) to each surfclam and ocean quahog processor and to each 
surfclam and ocean quahog permit holder.
    (2) If the Regional Administrator determines, as the result of 
testing by state, Federal, or private entities, that a closure of an 
area under paragraph (a) of this section is necessary to prevent any 
adverse effects fishing may have on the public health, he/she may close 
the area for 60 days by publication of notification in the Federal 
Register, without prior comment or public hearing. If an extension of 
the 60-day closure period is necessary to protect the public health, the 
hearing and notice requirements of paragraph (c)(1) of this section 
shall be followed.

[[Page 714]]

    (d) Areas closed due to the presence of paralytic shellfish 
poisoning toxin--(1) Maine mahogany quahog zone. The Maine mahogany 
quahog zone is closed to fishing for ocean quahogs except in those areas 
of the zone that are tested by the State of Maine and deemed to be 
within the requirements of the National Shellfish Sanitation Program and 
adopted by the Interstate Shellfish Sanitation Conference as acceptable 
limits for the toxin responsible for PSP. Harvesting is allowed in such 
areas during the periods specified by the Maine Department of Marine 
Resources during which quahogs are safe for human consumption. For 
information regarding these areas contact the State of Maine Division of 
Marine Resources.
    (2) [Reserved]

[76 FR 60624, Sept. 29, 2011, as amended at 77 FR 75063, Dec. 19, 2012; 
81 FR 38974, June 15, 2016]



Sec. 648.77  Cage identification.

    Except as provided in Sec. 648.78, the following cage 
identification requirements apply to all vessels issued a Federal 
fishing permit for surfclams and ocean quahogs:
    (a) Tagging. Before offloading, all cages that contain surfclams or 
ocean quahogs must be tagged with tags acquired annually under 
provisions of paragraph (b) of this section. A tag must be fixed on or 
as near as possible to the upper crossbar of the cage. A tag is required 
for every 60 ft\3\ (1,700 L) of cage volume, or portion thereof. A tag 
or tags must not be removed until the cage is emptied by the processor, 
at which time the processor must promptly remove and retain the tag(s) 
for 60 days beyond the end of the calendar year, unless otherwise 
directed by authorized law enforcement agents.
    (b) Issuance. The Regional Administrator will issue a supply of tags 
to each individual allocation owner qualifying for an allocation under 
Sec. 648.74 prior to the beginning of each fishing year, or he/she may 
specify, in the Federal Register, a vendor from whom the tags shall be 
purchased. The number of tags will be based on the owner's initial 
allocation as specified in Sec. 648.74(a). Each tag represents 32 bu 
(1,700 L) of allocation.
    (c) Expiration. Tags will expire at the end of the fishing year for 
which they are issued, or if rendered null and void in accordance with 
15 CFR part 904.
    (d) Return. Tags that have been rendered null and void must be 
returned to the Regional Administrator, if possible.
    (e) Loss. Loss or theft of tags must be reported by the owner, 
numerically identifying the tags to the Regional Administrator by 
telephone as soon as the loss or theft is discovered and in writing 
within 24 hours. Thereafter, the reported tags shall no longer be valid 
for use under this part.
    (f) Replacement. Lost or stolen tags may be replaced by the Regional 
Administrator if proper notice of the loss is provided by the person to 
whom the tags were issued. Replacement tags may be purchased from the 
Regional Administrator or a vendor with a written authorization from the 
Regional Administrator.
    (g) Transfer. See Sec. 648.74(b)(2).
    (h) Presumptions. Surfclams and ocean quahogs found in cages without 
a valid state tag are deemed to have been harvested in the EEZ and to be 
part of an individual's allocation, unless the individual demonstrates 
that he/she has surrendered his/her Federal vessel permit issued under 
Sec. 648.4(a)(4) and conducted fishing operations exclusively within 
waters under the jurisdiction of any state. Surfclams and ocean quahogs 
in cages with a Federal tag or tags, issued and still valid pursuant to 
this section, affixed thereto are deemed to have been harvested by the 
individual allocation holder to whom the tags were issued under the 
provisions of Sec. 648.77(b) or transferred under the provisions of 
Sec. 648.74(b).

[76 FR 60625, Sept. 29, 2011]



Sec. 648.78  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel issued a valid Maine mahogany 
quahog permit pursuant to Sec. 648.4(a)(4)(i), and fishing for or 
possessing ocean quahogs within the Maine mahogany quahog zone, must 
land its catch in the State of Maine.
    (2) A vessel fishing under an individual allocation permit, 
regardless of whether it has a Maine mahogany quahog permit, fishing for 
or possessing

[[Page 715]]

ocean quahogs within the zone, may land its catch in the State of Maine, 
or, consistent with applicable state law in any other state that 
utilizes food safety-based procedures including sampling and analyzing 
for PSP toxin consistent with those food safety-based procedures used by 
the State of Maine for such purpose, and must comply with all 
requirements in Sec. Sec. 648.74 and 648.77. Documentation required by 
the state and other laws and regulations applicable to food safety-based 
procedures must be made available by federally permitted dealers for 
inspection by NMFS.
    (b) ACT monitoring and closures--(1) Catch quota. (i) The ACT for 
harvest of mahogany quahogs from within the Maine mahogany quahog zone 
is 100,000 Maine bu (35,239 hL). The ACL may be revised annually within 
the range of 17,000 and 100,000 Maine bu (5,991 and 35,239 hL) following 
the procedures set forth in Sec. Sec. 648.72 and 648.73, if applicable.
    (ii) All mahogany quahogs landed for sale in Maine by vessels issued 
a Maine mahogany quahog permit and not fishing for an individual 
allocation of ocean quahogs under Sec. 648.74 shall be applied against 
the Maine mahogany quahog ACT, regardless of where the mahogany quahogs 
are harvested.
    (iii) All mahogany quahogs landed by vessels fishing in the Maine 
mahogany quahog zone for an individual allocation of quahogs under Sec. 
648.74 will be counted against the ocean quahog allocation for which the 
vessel is fishing.
    (iv) The Regional Administrator will monitor the ACT based on dealer 
reports and other available information, and shall determine the date 
when the ACT will be harvested. NMFS shall publish notification in the 
Federal Register advising the public that, effective upon a specific 
date, the Maine mahogany quahog quota has been harvested, and notifying 
vessel and dealer permit holders that no Maine mahogany quahog quota is 
available for the remainder of the year.
    (2) Maine Mahogany Quahog Advisory Panel. The MAFMC shall establish 
a Maine Mahogany Quahog Advisory Panel consisting of representatives of 
harvesters, dealers, and the Maine Department of Marine Resources. The 
Advisory Panel shall make recommendations, through the Surfclam and 
Ocean Quahog Committee of the MAFMC, regarding revisions to the annual 
quota and other management measures.

[76 FR 60625, Sept. 29, 2011]



Sec. 648.79  Surfclam and ocean quahog framework adjustments
to management measures.

    (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

[[Page 716]]

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 the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the MAFMC's recommendation includes adjustments 
or additions to management measures and after reviewing the MAFMC's 
recommendation and supporting information:
    (i) If NMFS concurs with the MAFMC's recommended management measures 
and determines that the recommended management measures should be issued 
as a final rule based on the factors specified in paragraph (a)(2) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (ii) If NMFS concurs with the MAFMC's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the MAFMC recommendation, the measures 
will be published as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the MAFMC will be notified in writing 
of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[76 FR 60625, Sept. 29, 2011, as amended at 76 FR 81848, Dec. 29, 2011; 
80 FR 37194, June 30, 2015; 81 FR 38974, June 15, 2016]



   Subpart F_Management Measures for the NE Multispecies and Monkfish 
                                Fisheries



Sec. 648.80  NE Multispecies regulated mesh areas and restrictions
on gear and methods of fishing.

    Except as provided in Sec. 648.17, all vessels must comply with the 
following minimum mesh size, gear and methods of fishing requirements, 
unless otherwise exempted or prohibited.
    (a) Gulf of Maine (GOM) and GB Regulated Mesh Areas--(1) GOM 
Regulated Mesh Area. The GOM Regulated Mesh Area (copies of a map 
depicting the area are available from the Regional Administrator upon 
request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G1...............................  (\1\)               (\1\)
G2...............................  43 deg.58'          67 deg.22'
G3...............................  42 deg.53.1'        67 deg.44.4'
G4...............................  42 deg.31'          67 deg.28.1'
CII3.............................  42 deg.22'          67 deg.20' \2\
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.
\2\ The U.S.-Canada Maritime Boundary.

    (ii) Bounded on the south by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CII3.............................  42 deg.22'          67 deg.20' \1\
G6...............................  42 deg.20'          67 deg.20'
G7...............................  42 deg.20'          69 deg.30'
G8...............................  42 deg.00'          69 deg.30'
G9...............................  42 deg.00'          (\2\)
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 42 deg.00' N.
  lat.

    (2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a 
map depicting the area are available from the Regional Administrator 
upon request) is that area:

[[Page 717]]

    (i) Bounded on the north by the southern boundary of the GOM 
Regulated Mesh Area as defined in paragraph (a)(1)(ii) of this section; 
and
    (ii) Bounded on the east by straight lines connecting the following 
points in the order stated:

                         GB Regulated Mesh Area
------------------------------------------------------------------------
              Point                   N. latitude        W. longitude
------------------------------------------------------------------------
CII3............................  42 deg.22'          67 deg.20' \1\
SNE1............................  40 deg.24'          65 deg.43' \2\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The U.S.-Canada Maritime Boundary as it intersects with the EEZ.

    (iii) Bounded on the west by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G12..............................  (\1\)               70 deg.00'
G11..............................  40 deg.50'          70 deg.00'
NL1..............................  40 deg.50'          69 deg.40'
NL2..............................  40 deg.18.7'        69 deg.40'
NL3..............................  40 deg.22.7'        69 deg.00'
                                   (\2\)               69 deg.00'
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod.
\2\ Southward to its intersection with the EEZ.

    (3) GOM Regulated Mesh Area minimum mesh size and gear 
restrictions--(i) Vessels using trawls. Except as provided in paragraphs 
(a)(3)(i) and (vi) of this section and Sec. 648.85(b)(6), and unless 
otherwise restricted under paragraph (a)(3)(iii) of this section, the 
minimum mesh size for any trawl net, except a midwater trawl, on a 
vessel or used by a vessel fishing under the NE multispecies DAS program 
or on a sector trip in the GOM Regulated Mesh Area is 6-inch (15.2-cm) 
diamond mesh or 6.5-inch (16.5-cm) square mesh, applied throughout the 
body and extension of the net, or any combination thereof, and 6.5-inch 
(16.5-cm) diamond mesh or square mesh applied to the codend of the net 
as defined in paragraphs (a)(3)(i)(A) and (B) of this section, provided 
the vessel complies with the requirements of paragraph (a)(3)(vii) of 
this section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (A) For vessels greater than 45 ft (13.7 m) in length overall, a 
diamond mesh codend is defined as the first 50 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
100 bars counting from the terminus of the net.
    (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond 
mesh codend is defined as the first 25 meshes counting from the terminus 
of the net, and a square mesh codend is defined as the first 50 bars 
counting from the terminus of the net.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, the minimum mesh size for any Scottish seine, midwater trawl, 
or purse seine on a vessel or used by a vessel fishing under a DAS in 
the NE multispecies DAS program in the GOM Regulated Mesh Area is 6-inch 
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 3 
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
on a vessel or used by a vessel fishing under a DAS in the Large-mesh 
DAS program, specified in Sec. 648.82(b)(4), is 8.5-inch (21.6-cm) 
diamond or square mesh throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (iv) Gillnet vessels--(A) Trip gillnet vessels--(1) Mesh size. 
Except as provided in paragraphs (a)(3)(iv) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, for any vessel that obtains an annual designation as a Trip 
gillnet vessel, the minimum mesh size for any sink gillnet when fishing 
in the NE

[[Page 718]]

multispecies DAS program or on a sector trip in the GOM Regulated Mesh 
Area is 6.5 inches (16.5 cm) throughout the entire net. This restriction 
does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 
ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been 
issued a NE multispecies permit and that are fishing exclusively in 
state waters.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Mesh size. Except as provided in 
paragraphs (a)(3)(iv) and (vi) of this section, and unless otherwise 
restricted under paragraph (a)(3)(iii) of this section, for any vessel 
that obtain an annual designation as a Day gillnet vessel, the minimum 
mesh size for any sink gillnet when fishing under the NE multispecies 
DAS program or on a sector trip in the GOM Regulated Mesh Area is 6.5 
inches (16.5 cm) throughout the entire net. This restriction does not 
apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (2) Number of nets. A day gillnet vessel fishing under a NE 
multispecies DAS or on a sector trip and fishing in the GOM Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 50 
roundfish sink gillnets or 100 flatfish (tie-down) sink gillnets, each 
of which must be tagged pursuant to paragraph (a)(3)(iv)(C) of this 
section, except as provided in Sec. 648.92(b)(8)(i). Vessels may fish 
any combination of roundfish and flatfish gillnets up to 100 nets, and 
may stow additional nets not to exceed 160 nets, counting deployed nets.
    (3) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (4) Tags. Roundfish nets must be tagged with two tags per net, with 
one tag secured to each bridle of every net, within a string of nets, 
and flatfish nets must have one tag per net, with one tag secured to 
every other bridle of every net within a string of nets. Gillnet vessels 
must also abide by the tagging requirements in paragraph (a)(3)(iv)(C) 
of this section.
    (C) Obtaining and replacing tags. Tags must be obtained as described 
in Sec. 648.4(c)(2)(iii), and vessels must have on board written 
confirmation issued by the Regional Administrator, indicating that the 
vessel is a Day gillnet vessel or a Trip gillnet vessel. The vessel 
operator must produce all net tags upon request by an authorized 
officer. A vessel may have tags on board in excess of the number of tags 
corresponding to the allowable number of nets, provided such tags are 
onboard the vessel and can be made available for inspection.
    (1) Lost tags. Vessel owners or operators are required to report 
lost, destroyed, and missing tag numbers as soon as feasible after tags 
have been discovered lost, destroyed or missing, by letter or fax to the 
Regional Administrator.
    (2) Replacement tags. Vessel owners or operators seeking replacement 
of lost, destroyed, or missing tags must request replacement of tags by 
letter or fax to the Regional Administrator. A check for the cost of the 
replacement tags must be received by the Regional Administrator before 
tags will be re-issued.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (a)(3)(v) or Sec. 648.87(c), vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS or on a sector trip, and vessels fishing with a valid NE 
multispecies limited access Small-Vessel permit in the GOM Regulated 
Mesh Area, and persons on such vessels, are prohibited from fishing, 
setting, or hauling back, per day, or possessing on board the vessel, 
more than 2,000 rigged hooks. All longline gear hooks must be circle 
hooks, of a minimum size of 12/0. An unbaited hook and gangion that has 
not been secured to the ground line of the trawl on board a vessel 
during the fishing trip is deemed to be a replacement hook and is not 
counted toward the 2,000-hook limit. A ``snap-on'' hook is deemed to be 
a replacement hook if it is not rigged or baited during the fishing 
trip. The use of de-hookers (``crucifer'') with less than 6-inch (15.2-
cm) spacing between the fairlead rollers is prohibited. Vessels fishing 
with a valid NE multispecies limited access

[[Page 719]]

Hook Gear permit and fishing under a multispecies DAS or on a sector 
trip in the GOM Regulated Mesh Area, and persons on such vessels, are 
prohibited from possessing gear other than hook gear on board the 
vessel. Vessels fishing with a valid NE multispecies limited access 
Handgear A permit, and persons on such vessels, are prohibited from 
fishing, or possessing on board the vessel, gear other than handgear. 
Vessels fishing with tub-trawl gear are prohibited from fishing, 
setting, or hauling back, per day, or possessing on board the vessel 
more than 250 hooks.
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (7), (a)(9) through (a)(16) and (a)(18) through (a)(19), (d), 
(e), (h), and (i) of this section; or if fishing under a NE multispecies 
DAS; or if fishing on a sector trip; or if fishing under the Small 
Vessel or Handgear A permit specified in Sec. 648.82(b)(5) and (6), 
respectively; or if fishing under a Handgear B permit specified in Sec. 
648.88(a); or if fishing under the scallop state waters exemptions 
specified in Sec. 648.54 and paragraph (a)(11) of this section; or if 
fishing under a scallop DAS in accordance with paragraph (h) of this 
section; or if fishing pursuant to a NE multispecies open access 
Charter/Party or Handgear permit specified in Sec. 648.88; or if 
fishing as a charter/party or private recreational vessel in compliance 
with Sec. 648.89. Any gear used by a vessel in this area must be 
authorized under one of these exemptions. Any gear on a vessel that is 
not authorized under one of these exemptions must be stowed and not 
available for immediate use as defined in Sec. 648.2.
    (vii) Rockhopper and roller gear restrictions. For all trawl vessels 
fishing on a NE multispecies DAS or sector trip in the GOM/GB Inshore 
Restricted Roller Gear Area, the diameter of any part of the trawl 
footrope, including discs, rollers, or rockhoppers, must not exceed 12 
inches (30.5 cm). The GOM/GB Inshore Restricted Roller Gear Area is 
defined by straight lines connecting the following points in the order 
stated:

                   Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
                  Point                     N. Latitude    W. Longitude
------------------------------------------------------------------------
1.......................................      42 deg.00'           (\1\)
2.......................................      42 deg.00'           (\2\)
3.......................................      42 deg.00'           (\3\)
4.......................................      42 deg.00'      69 deg.50'
5.......................................      43 deg.00'      69 deg.50'
6.......................................      43 deg.00'      70 deg.00'
7.......................................      43 deg.30'      70 deg.00'
8.......................................      43 deg.30'           (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (4) GB regulated mesh area minimum mesh size and gear restrictions--
(i) Vessels using trawls. Except as provided in paragraph (a)(3)(vi) of 
this section, this paragraph (a)(4)(i), Sec. 648.85(b)(6) and (8), and 
Sec. 648.87(c)(2)(ii), and unless otherwise restricted under paragraph 
(a)(4)(iii) of this section, the minimum mesh size for any trawl net, 
except a midwater trawl, and the minimum mesh size for any trawl net 
when fishing in that portion of the GB Regulated Mesh Area that lies 
within the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use as defined 
in Sec. 648.2, on a vessel or used by a vessel fishing under the NE 
multispecies DAS program or on a sector trip in the GB Regulated Mesh 
Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh 
applied throughout the body and extension of the net, or any combination 
thereof, and 6.5-inch (16.5-cm) diamond mesh or square mesh applied to 
the codend of the net as defined in paragraph (a)(3)(i) of this section, 
provided the vessel complies with the requirements of paragraphs 
(a)(3)(vii) of this section. This restriction does not apply to nets or 
pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 
sq m)), or to vessels that have not been issued a NE multispecies permit 
and that are fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (a)(3)(vi) of this section, and this 
paragraph (a)(4)(ii), and unless otherwise restricted under paragraph 
(a)(4)(iii) of this section, the minimum mesh size

[[Page 720]]

for any Scottish seine, midwater trawl, or purse seine, and the minimum 
mesh size for any Scottish seine, midwater trawl, or purse seine, when 
fishing in that portion of the GB Regulated Mesh Area that lies within 
the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use as defined 
in Sec. 648.2, on a vessel or used by a vessel fishing under a DAS in 
the NE multispecies DAS program in the GB Regulated Mesh Area is 6-inch 
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 3 
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GB Regulated Mesh 
Area, the minimum mesh size for any trawl net, or sink gillnet, and the 
minimum mesh size for any trawl net, or sink gillnet, when fishing in 
that portion of the GB Regulated Mesh Area that lies within the SNE 
Exemption Area, as described in paragraph (b)(10) of this section, that 
is not stowed and available for immediate use as defined in Sec. 648.2, 
on a vessel or used by a vessel fishing under a DAS in the Large-mesh 
DAS program, specified in Sec. 648.82(b)(5), is 8.5-inch (21.6-cm) 
diamond or square mesh throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of 
this section and this paragraph (a)(4)(iv), for Day and Trip gillnet 
vessels, the minimum mesh size for any sink gillnet, and the minimum 
mesh size for any roundfish or flatfish gillnet when fishing in that 
portion of the GB Regulated Mesh Area that lies within the SNE Exemption 
Area, as described in paragraph (b)(10) of this section, that is not 
stowed and available for immediate use as defined in Sec. 648.2, when 
fishing under a DAS in the NE multispecies DAS program or on a sector 
trip in the GB Regulated Mesh Area is 6.5 inches (16.5 cm) throughout 
the entire net. This restriction does not apply to nets or pieces of 
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or 
to vessels that have not been issued a NE multispecies permit and that 
are fishing exclusively in state waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a sector trip and fishing in the GB Regulated 
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS or on a sector trip and fishing in 
the GB Regulated Mesh Area may not fish with, haul, possess, or deploy 
more than 50 nets, except as provided in Sec. 648.92(b)(8)(i).
    (2) Net size requirements. Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets. Such vessels, may stow 
additional nets not to exceed 150, counting the deployed net. Such 
vessels may stow additional nets in accordance with the definition of 
not available for immediate use as defined in Sec. 648.2 not to exceed 
150 nets, counting the deployed net.
    (3) Tags. Roundfish or flatfish nets must be tagged with two tags 
per net, with one tag secured to each bridle of every net within a 
string of nets.
    (4) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (a)(4)(v), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small-Vessel 
permit, in the GB Regulated Mesh Area, and persons on such vessels, are 
prohibited from possessing gear other than hook gear on board the vessel 
and prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 3,600 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is

[[Page 721]]

deemed to be a replacement hook and is not counted toward the 3,600-hook 
limit. A ``snap-on'' hook is deemed to be a replacement hook if it is 
not rigged or baited. The use of de-hookers (``crucifer'') with less 
than 6-inch (15.2-cm) spacing between the fairlead rollers is 
prohibited. Vessels fishing with a valid NE multispecies limited access 
Hook gear permit and fishing under a multispecies DAS in the GB 
Regulated Mesh Area, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel. Vessels 
fishing with a valid NE multispecies limited access Handgear A permit 
are prohibited from fishing or possessing on board the vessel, gear 
other than hand gear. Vessels fishing with tub-trawl gear are prohibited 
from fishing, setting, or hauling back, per day, or possessing on board 
the vessel more than 250 hooks.
    (vi)-(viii) [Reserved]
    (5) Small Mesh Northern Shrimp Fishery Exemption. Vessels subject to 
the minimum mesh size restrictions specified in this paragraph (a) may 
fish for, harvest, possess, or land northern shrimp in the GOM, GB, SNE, 
and MA Regulated Mesh Areas, as described under paragraphs (a)(1), 
(a)(2), (b)(1), and (c)(1) of this section, respectively, with nets with 
a mesh size smaller than the minimum size specified, if the vessel 
complies with the requirements of paragraphs (a)(5)(i) through (iii) of 
this section.
    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. An owner or operator of a vessel fishing in the northern 
shrimp fishery under the exemption described in this paragraph (a)(5) 
may not fish for, possess on board, or land any species of fish other 
than shrimp, except for the following, with the restrictions noted, as 
allowable incidental species: Longhorn sculpin; combined silver hake and 
offshore hake--up to an amount equal to the total weight of shrimp 
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted by 
landing limits specified in Sec. 697.17 of this chapter. Silver hake 
and offshore hake on board a vessel subject to this possession limit 
must be separated from other species of fish and stored so as to be 
readily available for inspection.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have a rigid or semi-rigid grate consisting of parallel bars of not 
more than 1-inch (2.54-cm) spacing that excludes all fish and other 
objects, except those that are small enough to pass between its bars 
into the codend of the trawl, secured in the trawl, forward of the 
codend, in such a manner that it precludes the passage of fish or other 
objects into the codend without the fish or objects having to first pass 
between the bars of the grate, in any net with mesh smaller than the 
minimum size specified in paragraphs (a)(3) and (4) of this section. The 
net must have an outlet or hole to allow fish or other objects that are 
too large to pass between the bars of the grate to exit the net. The 
aftermost edge of this outlet or hole must be at least as wide as the 
grate at the point of attachment. The outlet or hole must extend forward 
from the grate toward the mouth of the net. A funnel of net material is 
allowed in the lengthening piece of the net forward of the grate to 
direct catch towards the grate. (Copies of a schematic example of a 
properly configured and installed FED are available from the Regional 
Administrator upon request.)
    (iii) Time restrictions. A vessel may only fish under this exemption 
during the northern shrimp season, as established by the Commission and 
announced in the Commission's letter to participants.
    (6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) and 
(4) of this section may fish with, use, or possess nets in the 
Cultivator Shoal Whiting Fishery Exemption Area with a mesh size smaller 
than the minimum size specified, if the vessel complies with the 
requirements specified in paragraph (a)(6)(i) of this section. The 
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting

[[Page 722]]

the following points in the order stated:

             Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1...............................  42 deg.10'          68 deg.10'
C2...............................  41 deg.30'          68 deg.41'
CI4..............................  41 deg.30'          68 deg.30'
C3...............................  41 deg.12.8'        68 deg.30'
C4...............................  41 deg.05'          68 deg.20'
C5...............................  41 deg.55'          67 deg.40'
C1...............................  42 deg.10'          68 deg.10'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have on board a 
valid letter of authorization issued by the Regional Administrator.
    (B) An owner or operator of a vessel fishing in this area may not 
fish for, possess on board, or land any species of fish other than 
whiting and offshore hake combined--up to a maximum of 30,000 lb (13,608 
kg), except for the following, with the restrictions noted, as allowable 
incidental species: Atlantic herring, up to the amount specified in 
Sec. 648.204; longhorn sculpin; squid, butterfish, and Atlantic 
mackerel, up to the amounts specified in Sec. 648.26; spiny dogfish, up 
to the amount specified in Sec. 648.235; red hake, up to the amount 
specified in Sec. 648.86(d), monkfish and monkfish parts--up to 10 
percent, by weight, of all other species on board or up to 50 lb (23 kg) 
tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, as 
specified in Sec. 648.94(c)(4), whichever is less; and American 
lobster--up to 10 percent, by weight, of all other species on board or 
200 lobsters, whichever is less, unless otherwise restricted by landing 
limits specified in Sec. 697.17 of this chapter.
    (C) Counting from the terminus of the net, all nets must have a 
minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to 
the first 100 meshes (200 bars in the case of square mesh) for vessels 
greater than 60 ft (18.3 m) in length and applied to the first 50 meshes 
(100 bars in the case of square mesh) for vessels less than or equal to 
60 ft (18.3 m) in length.
    (D) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (E) When a vessel is transiting through the GOM or GB Regulated Mesh 
Areas specified under paragraphs (a)(1) and (2) of this section, any 
nets with a mesh size smaller than the minimum mesh specified in 
paragraphs (a)(3) or (4) of this section must be stowed and not 
available for immediate use as defined in Sec. 648.2, unless the vessel 
is fishing for small-mesh multispecies under another exempted fishery 
specified in this paragraph (a).
    (F) A vessel fishing in the Cultivator Shoal Whiting Fishery 
Exemption Area may fish for small-mesh multispecies in exempted 
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption 
Area, provided that the vessel complies with the more restrictive gear, 
possession limit, and other requirements specified in the regulations of 
that exempted fishery for the entire participation period specified on 
the vessel's letter of authorization and consistent with paragraph 
(a)(15)(i)(G) of this section. For example, a vessel may fish in both 
the Cultivator Shoal Whiting Fishery Exemption Area and the Southern New 
England or Mid-Atlantic Exemption Areas, and would be restricted to a 
minimum mesh size of 3 in (7.62 cm) and a maximum trip limit of 30,000 
lb (13,607.77 kg) for silver hake and offshore hake, combined, as 
required in the Cultivator Shoal Whiting Fishery Exemption Area.
    (ii) Sea sampling. The Regional Administrator shall conduct periodic 
sea sampling to determine if there is a need to change the area or 
season designation, and to evaluate the bycatch of regulated species, 
especially haddock.
    (iii) Annual review. The NEFMC shall conduct an annual review of 
data to determine if there are any changes in area or season designation 
necessary, and to make appropriate recommendations to the Regional 
Administrator following the procedures specified in Sec. 648.90.
    (7) Transiting. (i) Vessels fishing in the Small Mesh Area 1/Small 
Mesh Area 2 fishery, as specified in paragraph (a)(9) of this section, 
may transit through the Scallop Dredge Fishery Exemption Area as 
specified in paragraph (a)(11) of this section with nets of mesh size 
smaller than the minimum

[[Page 723]]

mesh size specified in paragraphs (a)(3) or (4) of this section, 
provided that the nets are stowed and not available for immediate use as 
defined in Sec. 648.2. Vessels fishing in the Small Mesh Northern 
Shrimp Fishery, as specified in paragraph (a)(3) of this section, may 
transit through the GOM, GB, SNE, and MA Regulated Mesh Areas, as 
described in paragraphs (a)(1), (a)(2), (b)(1), and (c)(1) of this 
section, respectively, with nets of mesh size smaller than the minimum 
mesh size specified in paragraphs (a)(3), (a)(4), (b)(2), and (c)(2) of 
this section, provided the nets are stowed and not available for 
immediate use as defined in Sec. 648.2.
    (ii) Vessels subject to the minimum mesh size restrictions specified 
in paragraphs (a)(3) or (4) of this section may transit through the 
Scallop Dredge Fishery Exemption Areas defined in paragraphs (a)(11) and 
(18) of this section with nets on board with a mesh size smaller than 
the minimum size specified, provided that the nets are stowed and not 
available for immediate use as defined in Sec. 648.2, and provided the 
vessel has no fish on board.
    (iii) Vessels subject to the minimum mesh size restrictions 
specified in paragraphs (a)(3) or (4) of this section may transit 
through the GOM and GB Regulated Mesh Areas defined in paragraphs (a)(1) 
and (2) of this section with nets on board with a mesh size smaller than 
the minimum mesh size specified and with small mesh exempted species on 
board, provided that the following conditions are met:
    (A) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraphs (a)(3) or (4) of this section are stowed and not 
available for immediate use as defined in Sec. 648.2.
    (B) A letter of authorization issued by the Regional Administrator 
is on board.
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (a)(6), 
(a)(10), (a)(15), (b), and (c) of this section. Vessels may retain 
exempted small-mesh species as provided in paragraphs (a)(6)(i), 
(a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of this section.
    (8) Addition or deletion of exemptions--(i) Exemption allowing no 
incidental catch of regulated multispecies. An exemption may be added in 
an existing fishery for which there are sufficient data or information 
to ascertain the amount of regulated species bycatch, if the Regional 
Administrator, after consultation with the NEFMC, determines that the 
percentage of regulated species caught as bycatch is, or can be reduced 
to, less than 5 percent, by weight, of total catch, unless otherwise 
specified in this paragraph (a)(8)(i) of this section, and that such 
exemption will not jeopardize fishing mortality objectives. The 5-
percent regulated species incidental bycatch standard could be modified 
for a stock that is not in an overfished condition, or if overfishing is 
not occurring on that stock. When considering modifications of the 
standard, it must be shown that the change will not delay a rebuilding 
program, or result in overfishing or an overfished condition. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Administrator may take into 
consideration various factors including, but not limited to, juvenile 
mortality, sacrifices in yield that will result from that mortality, the 
ratio of target species to regulated species, status of stock 
rebuilding, and recent recruitment of regulated species. A fishery can 
be defined, restricted, or allowed by area, gear, season, or other means 
determined to be appropriate to reduce bycatch of regulated species. The 
Regional Administrator may modify or delete an existing exemption if he/
she determines that the catch of regulated species is equal to or 
greater than 5 percent, by weight of total catch, or another pertinent 
approved amount, or that continuing the exemption may jeopardize meeting 
fishing mortality objectives. Notification of additions, deletions, or 
modifications will be made through issuance of a rule in the Federal 
Register.
    (ii) Exemption allowing incidental catch of regulated species. An 
exemption may be added in an existing fishery that would allow vessels 
to retain and land regulated multispecies, under the restrictions 
specified in paragraphs (a)(8)(ii)(A) through (C) of this section, if 
the Regional Administrator, after

[[Page 724]]

consultation with the NEFMC, considers the status of the regulated 
species stock or stocks caught in the fishery, the risk that this 
exemption would result in a targeted regulated species fishery, the 
extent of the fishery in terms of time and area, and the possibility of 
expansion in the fishery. Incidental catch in exempted fisheries under 
this paragraph (a)(8)(ii) are subject, at a minimum, to the following 
restrictions:
    (A) A prohibition on the possession of regulated multispecies that 
are overfished or where overfishing is occurring;
    (B) A prohibition on the possession of regulated species in NE 
multispecies closure areas; and
    (C) A prohibition on allowing an exempted fishery to occur that 
would allow retention of a regulated multispecies stock under an ongoing 
rebuilding program, unless it can be determined that the catch of the 
stock in the exempted fishery is not likely to result in exceeding the 
rebuilding mortality rate.
    (iii) For exemptions allowing no incidental catch of regulated 
species, as defined under paragraph (a)(8)(i) of this section, the NEFMC 
may recommend to the Regional Administrator, through the framework 
procedure specified in Sec. 648.90(c), additions or deletions to 
exemptions for fisheries, either existing or proposed, for which there 
may be insufficient data or information for the Regional Administrator 
to determine, without public comment, percentage catch of regulated 
species. For exemptions allowing incidental catch of regulated species, 
as defined under paragraph (a)(8)(ii) of this section, the NEFMC may 
recommend to the Regional Administrator, through the framework procedure 
specified in Sec. 648.90(c), additions or deletions to exemptions for 
fisheries, either existing or proposed, for which there may be 
insufficient data or information for the Regional Administrator to 
determine, without public comment, the risk that this exemption would 
result in a targeted regulated species fishery, the extent of the 
fishery in terms of time and area, and the possibility of expansion in 
the fishery.
    (iv) Unless otherwise specified within the exempted fisheries 
authorized under this paragraph (a)(8), incidental catch is restricted, 
at a minimum, to the following:
    (A) With the exception of fisheries authorized under paragraph 
(a)(8)(ii) of this section, a prohibition on the possession of regulated 
species;
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board or as specified by 
Sec. 648.94(c)(3), (4), (5) or (6), as applicable, whichever is less;
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less; and
    (D) A limit on the possession of skate or skate parts in the SNE 
Exemption Area described in paragraph (b)(10) of this section of 10 
percent, by weight, of all other species on board.
    (9) Small Mesh Area 1/Small Mesh Area 2--(i) Description. (A) Unless 
otherwise prohibited in Sec. 648.81, a vessel subject to the minimum 
mesh size restrictions specified in paragraphs (a)(3) or (4) of this 
section may fish with or possess nets with a mesh size smaller than the 
minimum size, provided the vessel complies with the requirements of 
paragraphs (a)(5)(ii) or (a)(9)(ii) of this section, and Sec. 
648.86(d), from July 15 through November 15, when fishing in Small Mesh 
Area 1; and from January 1 through June 30, when fishing in Small Mesh 
Area 2. While lawfully fishing in these areas with mesh smaller than the 
minimum size, an owner or operator of any vessel may not fish for, 
possess on board, or land any species of fish other than: Silver hake 
and offshore hake, combined, and red hake--up to the amounts specified 
in Sec. 648.86(d); butterfish, Atlantic mackerel, squid, up the amounts 
specified in Sec. 648.26; spiny dogfish, up to the amount specified in 
Sec. 648.235; Atlantic herring, up to the amount specified in Sec. 
648.204; and scup, up to the amount specified in Sec. 648.128.
    (B) Small-mesh Areas 1 and 2 are defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting these areas are available from the Regional Administrator upon 
request):

[[Page 725]]



                            Small Mesh Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM1..............................  43 deg.03'          70 deg.27'
SM2..............................  42 deg.57'          70 deg.22'
SM3..............................  42 deg.47'          70 deg.32'
SM4..............................  42 deg.45'          70 deg.29'
SM5..............................  42 deg.43'          70 deg.32'
SM6..............................  42 deg.44'          70 deg.39'
SM7..............................  42 deg.49'          70 deg.43'
SM8..............................  42 deg.50'          70 deg.41'
SM9..............................  42 deg.53'          70 deg.43'
SM10.............................  42 deg.55'          70 deg.40'
SM11.............................  42 deg.59'          70 deg.32'
SM1..............................  43 deg.03'          70 deg.27'
------------------------------------------------------------------------


                           Small Mesh Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM13.............................  43 deg.05.6'        69 deg.55'
SM14.............................  43 deg.10.1'        69 deg.43.3'
SM15.............................  42 deg.49.5'        69 deg.40'
SM16.............................  42 deg.41.5'        69 deg.40'
SM17.............................  42 deg.36.6'        69 deg.55'
SM13.............................  43 deg.05.6'        69 deg.55'
------------------------------------------------------------------------

    (ii) Raised footrope trawl. Vessels fishing in the Small Mesh Areas 
I and II Exemption Programs described in Sec. 648.80(a)(9)) must 
configure the vessel's gear with a raised footrope trawl, configured in 
such a way that, when towed, the gear is not in contact with the ocean 
bottom. Vessels are presumed to be fishing in such a manner if their 
trawl gear is designed as specified in paragraphs (a)(9)(ii)(A) through 
(D) of this section and is towed so that it does not come into contact 
with the ocean bottom.
    (10) Nantucket Shoals Dogfish Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(3) or paragraph (a)(4) of this section may fish with, use, or 
possess nets of mesh smaller than the minimum size specified in the 
Nantucket Shoals Dogfish Fishery Exemption Area, if the vessel complies 
with the requirements specified in paragraph (a)(10)(i) of this section. 
The Nantucket Shoals Dogfish Fishery Exemption Area (copies of a map 
depicting this area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

                 Nantucket Shoals Dogfish Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
NS1..............................  41 deg.45'          70 deg.00'
NS2..............................  41 deg.45'          69 deg.20'
NS3..............................  41 deg.30'          69 deg.20'
Cl1..............................  41 deg.30'          69 deg.23'
NS5..............................  41 deg.26.5'        69 deg.20'
NS6..............................  40 deg.50'          69 deg.20'
NS7..............................  40 deg.50'          70 deg.00'
NS1..............................  41 deg.45'          70 deg.00'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area, under the exemption, must have on board 
a letter of authorization issued by the Regional Administrator and may 
not fish for, possess on board, or land any species of fish other than 
dogfish, except as provided under paragraph (a)(10)(i)(D) of this 
section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transiting the GOM or GB Regulated Mesh Areas, specified 
under paragraphs (a)(1) and (2) of this section, any nets with a mesh 
size smaller than the minimum mesh size specified in paragraphs (a)(3) 
and (4) of this section must be stowed and not available for immediate 
use as defined in Sec. 648.2.
    (D) Incidental species provisions. The following species may be 
possessed and landed, with the restrictions noted, as allowable 
incidental species in the Nantucket Shoals Dogfish Fishery Exemption 
Area: Longhorn sculpin; silver hake--up to 200 lb (90.7 kg); monkfish 
and monkfish parts--up to 10 percent, by weight, of all other species on 
board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of 
monkfish per trip, as specified in Sec. 648.94(c)(4), whichever is 
less; American lobster--up to 10 percent, by weight, of all other 
species on board or 200 lobsters, whichever is less, unless otherwise 
restricted by landing limits specified in Sec. 697.17 of this chapter; 
and skate or skate parts--up to 10 percent, by weight, of all other 
species on board.
    (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery 
Exemption Area, under the exemption, must comply with any additional 
gear restrictions specified in the letter of authorization issued by the 
Regional Administrator.
    (ii) Sea sampling. The Regional Administrator may conduct periodic 
sea

[[Page 726]]

sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species.
    (11) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec. 648.81, vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec. 648.10, or that 
have used up their DAS allocations, and vessels issued a General 
Category scallop permit, may fish in the GOM Regulated Mesh Area 
specified in paragraph (a)(1) of this section, when not under a NE 
multispecies DAS, providing the vessel fishes in the GOM Scallop Dredge 
Exemption Area and complies with the requirements specified in paragraph 
(a)(11)(i) of this section. The GOM Scallop Dredge Fishery Exemption 
Area is defined by the straight lines connecting the following points in 
the order stated (copies of a map depicting the area are available from 
the Regional Administrator upon request):

                    GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
SM1............................  41 deg.35'           70 deg.00'
SM2............................  41 deg.35'           69 deg.40'
SM3............................  42 deg.49.5'         69 deg.40'
SM4............................  43 deg.12'           69 deg.00'
SM5............................  43 deg.41'           68 deg.00'
SM6............................  43 deg.58'           67 deg.22'
SM7............................  (\1\)                (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
  shoreline.

    (i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge 
Fishery Exemption Area specified in this paragraph (a)(11) may not fish 
for, possess on board, or land any species of fish other than Atlantic 
sea scallops and up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole 
weight of monkfish per trip.
    (B) A vessel fishing in the GOM Scallop Dredge Fishery Exemption 
Area under the exemption specified in this paragraph (a)(11) must fish 
with dredge gear. The combined dredge width in use by, or in possession 
on board, may not exceed 10.5 ft (3.2 m), measured at the widest point 
in the bail of the dredge.
    (C) The exemption does not apply to the Cashes Ledge Closure Area or 
the Western GOM Area Closure specified in Sec. 648.81(d) and (e).
    (ii) [Reserved]
    (12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. A 
vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area, provided that any dredge on board the 
vessel does not exceed 8 ft (2.4 m), measured at the widest point in the 
bail of the dredge, and the vessel does not fish for, harvest, possess, 
or land any species of fish other than mussels and sea urchins. The area 
coordinates of the Nantucket Shoals Mussel and Sea Urchin Dredge 
Exemption Area are the same coordinates as those of the Nantucket Shoals 
Dogfish Fishery Exemption Area specified in paragraph (a)(10) of this 
section.
    (13) GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area. 
Unless otherwise prohibited in Sec. 648.81, a vessel may fish with 
gillnets in the GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption 
Area when not under a NE multispecies DAS if the vessel complies with 
the requirements specified in paragraph (a)(13)(i) of this section. The 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
                  N. lat.                             W. long.
------------------------------------------------------------------------
41 deg.35'................................  70 deg.00'
42 deg.49.5'..............................  70 deg.00'
42 deg.49.5'..............................  69 deg.40'
43 deg.12'................................  69 deg.00'
(\1\).....................................  69 deg.00'
------------------------------------------------------------------------
\1\ Due north to Maine shoreline.

    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
monkfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (ii) [Reserved]
    (14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(14)(i) of this

[[Page 727]]

section. The area coordinates of the GOM/GB Dogfish and Monkfish Gillnet 
Fishery Exemption Area are specified in paragraph (a)(13) of this 
section.
    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
dogfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through August 31.
    (ii) [Reserved]
    (15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) or 
(4) of this section may fish with, use, or possess nets in the Raised 
Footrope Trawl Whiting Fishery area with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraph (a)(15)(i) of this section. This exemption does 
not apply to the Cashes Ledge Closure Areas or the Western GOM Area 
Closure specified in Sec. 648.81(d) and (e). The Raised Footrope Trawl 
Whiting Fishery Area (copies of a chart depicting the area are available 
from the Regional Administrator upon request) is defined by straight 
lines connecting the following points in the order stated:

          Raised Footrope Trawl Whiting Fishery Exemption Area
                    [September 1 through November 20]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
RF 1.............................  42 deg.14.05'       70 deg.08.8'
RF 2.............................  42 deg.09.2'        69 deg.47.8'
RF 3.............................  41 deg.54.85'       69 deg.35.2'
RF 4.............................  41 deg.41.5'        69 deg.32.85'
RF 5.............................  41 deg.39'          69 deg.44.3'
RF 6.............................  41 deg.45.6'        69 deg.51.8'
RF 7.............................  41 deg.52.3'        69 deg.52.55'
RF 8.............................  41 deg.55.5'        69 deg.53.45'
RF 9.............................  42 deg.08.35'       70 deg.04.05'
RF 10............................  42 deg.04.75'       70 deg.16.95'
RF 11............................  42 deg.00'          70 deg.13.2'
RF 12............................  42 deg.00'          70 deg.24.1'
RF 13............................  42 deg.07.85'       70 deg.30.1'
RF 1.............................  42 deg.14.05'       70 deg.08.8'
------------------------------------------------------------------------


          Raised Footrope Trawl Whiting Fishery Exemption Area
                    [November 21 through December 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
RF 1.............................  42 deg.14.05'       70 deg.08.8'
RF 2.............................  42 deg.09.2'        69 deg.47.8'
RF 3.............................  41 deg.54.85'       69 deg.35.2'
RF 4.............................  41 deg.41.5'        69 deg.32.85'
RF 5.............................  41 deg.39'          69 deg.44.3'
RF 6.............................  41 deg.45.6'        69 deg.51.8'
RF 7.............................  41 deg.52.3'        69 deg.52.55'
RF 8.............................  41 deg.55.5'        69 deg.53.45'
RF 9.............................  42 deg.08.35'       70 deg.04.05'
RF 1.............................  42 deg.14.05'       70 deg.08.8'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Raised Footrope Trawl 
Whiting Fishery under this exemption must have on board a valid letter 
of authorization issued by the Regional Administrator. To obtain a 
letter of authorization, vessel owners must write to or call during 
normal business hours the Northeast Region Permit Office and provide the 
vessel name, owner name, permit number, and the desired period of time 
that the vessel will be enrolled. Since letters of authorization are 
effective the day after they are requested, vessel owners should allow 
appropriate processing and mailing time. To withdraw from a category, 
vessel owners must write to or call the Northeast Region Permit Office. 
Withdrawals are effective the day after the date of request. Withdrawals 
may occur after a minimum of 7 days of enrollment.
    (B) All nets must be no smaller than a minimum mesh size of 2.5-in 
(6.35-cm) square or diamond mesh, subject to the restrictions as 
specified in paragraph (a)(15)(i)(D) of this section. An owner or 
operator of a vessel enrolled in the raised footrope whiting fishery may 
not fish for, possess on board, or land any species of fish other than 
silver hake, offshore hake, and red hake, subject to the applicable 
possession limits as specified in Sec. 648.86(d), except for the 
following allowable incidental species: Butterfish, Atlantic mackerel, 
and squid, up to the amounts specified in Sec. 648.26; scup, up to the 
amount specified in Sec. 648.128; spiny dogfish, up to the amount 
specified in Sec. 648.235, and Atlantic herring, up to the amount 
specified in Sec. 648.204.
    (C) [Reserved]

[[Page 728]]

    (D) All nets must comply with the minimum mesh sizes specified in 
paragraphs (a)(15)(i)(B) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (E) Raised footrope trawl gear is required and must be configured as 
specified in paragraphs (a)(9)(ii)(A) through (D) of this section.
    (F) Fishing may only occur from September 1 through November 20 of 
each fishing year, except that it may occur in the eastern portion only 
of the Raised Footrope Trawl Whiting Fishery Exemption Area from 
November 21 through December 31 of each fishing year.
    (G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery 
may fish for small-mesh multispecies in exempted fisheries outside of 
the Raised Footrope Trawl Whiting Fishery exemption area, provided that 
the vessel complies with the more restrictive gear, possession limit and 
other requirements specified in the regulations of that exempted fishery 
for the entire participation period specified on the vessel's letter of 
authorization. For example, a vessel may fish in both the Raised 
Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting Fishery 
Exemption Area, and would be restricted to a minimum mesh size of 3 
inches (7.6 cm), as required in the Cultivator Shoal Whiting Fishery 
Exemption Area; the use of the raised footrope trawl; and the catch and 
bycatch restrictions of the Raised Footrope Trawl Whiting Fishery, 
except for scup.
    (ii) Sea sampling. The Regional Administrator shall conduct periodic 
sea sampling to evaluate the bycatch of regulated species.
    (16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. 
Vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(3) or (4) of this section may fish with, use, and possess 
in the GOM Grate Raised Footrope Trawl Whiting Fishery area from July 1 
through November 30 of each year, nets with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraphs (a)(16)(i) and (ii) of this section. The GOM 
Grate Raised Footrope Trawl Whiting Fishery Area (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

     GOM Grate Raised Footrope Trawl Whiting Fishery Exemption Area
                      [July 1 through November 30]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GRF1.............................  43 deg.15'          70 deg.35.4'
GRF2.............................  43 deg.15'          70 deg.00'
GRF3.............................  43 deg.25.2'        70 deg.00'
GRF4.............................  43 deg.41.8'        69 deg.20'
GRF5.............................  43 deg.58.8'        69 deg.20'
------------------------------------------------------------------------

    (i) Mesh requirements and possession restrictions. (A) All nets must 
comply with a minimum mesh size of 2.5-in (6.35-cm) square or diamond 
mesh, subject to the restrictions specified in paragraph (a)(16)(i)(B) 
of this section. An owner or operator of a vessel participating in the 
GOM Grate Raised Footrope Trawl Exempted Whiting Fishery may not fish 
for, possess on board, or land any species of fish, other than silver 
hake and offshore hake, subject to the applicable possession limits as 
specified in paragraph (a)(16)(i)(C) of this section, and red hake, 
subject to the possession limit specified in Sec. 648.86, except for 
the following allowable incidental species: Butterfish, Atlantic 
mackerel, and squid, up to the amounts specified in Sec. 648.26; 
Atlantic herring, up to the amount specified in Sec. 648.204; and 
alewife.
    (B) All nets must comply with the minimum mesh size specified in 
paragraph (a)(16)(i)(A) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the

[[Page 729]]

net for vessels less than or equal to 60 ft (18.3 m) in length.
    (C) An owner or operator of a vessel participating in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, 
and land combined silver hake and offshore hake only up to 7,500 lb 
(3,402 kg). An owner or operator fishing with mesh larger than the 
minimum mesh size specified in paragraph (a)(16)(i)(A) of this section 
may not fish for, possess, or land silver hake or offshore hake in 
quantities larger than 7,500 lb (3,402 kg).
    (ii) Gear specifications. In addition to the requirements specified 
in paragraph (a)(16)(i) of this section, an owner or operator of a 
vessel fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery must configure the vessel's trawl gear as specified in 
paragraphs (a)(16)(ii)(A) through (C) of this section.
    (A) An owner or operator of a vessel fishing in the GOM Grate Raised 
Footrope Trawl Exempted Whiting Fishery must configure the vessel's gear 
with a raised footrope trawl as specified in paragraphs (a)(9)(ii)(A) 
through (C) of this section. In addition, the restrictions specified in 
paragraphs (a)(16)(ii)(B) and (C) of this section apply to vessels 
fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery.
    (B) The raised footrope trawl must be used without a sweep of any 
kind (chain, roller frame, or rockhopper). The drop chains must be a 
maximum of \3/8\-inch (0.95 cm) diameter bare chain and must be hung 
from the center of the footrope and each corner (the quarter, or the 
junction of the bottom wing to the belly at the footrope). Drop chains 
must be at least 42 inches (106.7 cm) in length and must be hung at 
intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends.
    (C) The raised footrope trawl net must have a rigid or semi-rigid 
grate consisting of parallel bars of not more than 50 mm (1.97 inches) 
spacing that excludes all fish and other objects, except those that are 
small enough to pass between its bars into the codend of the trawl. The 
grate must be secured in the trawl, forward of the codend, in such a 
manner that it precludes the passage of fish or other objects into the 
codend without the fish or objects having to first pass between the bars 
of the grate. The net must have an outlet or hole to allow fish or other 
objects that are too large to pass between the bars of the grate to exit 
the net. The aftermost edge of this outlet or hole must be at least as 
wide as the grate at the point of attachment. The outlet or hole must 
extend forward from the grate toward the mouth of the net. A funnel of 
net material is allowed in the lengthening piece of the net forward of 
the grate to direct catch towards the grate.
    (iii) Annual review. On an annual basis, the Groundfish PDT will 
review data from this fishery, including sea sampling data, to determine 
whether adjustments are necessary to ensure that regulated species 
bycatch remains at a minimum. If the Groundfish PDT recommends 
adjustments to ensure that regulated species bycatch remains at a 
minimum, the Council may take action prior to the next fishing year 
through the framework adjustment process specified in Sec. 648.90(c), 
and in accordance with the Administrative Procedure Act.
    (17) GOM/GB Exemption Area--Area definition. The GOM/GB Exemption 
Area (copies of a map depicting this area are available from the 
Regional Administrator upon request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

                Gulf of Maine Georges Bank Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G1...............................  (\1\)               (\1\)
G2...............................  43 deg.58'          67 deg.22'
G3...............................  42 deg.53.1'        67 deg.44.4'
G4...............................  42 deg.31'          67 deg.28.1'
G5...............................  41 deg.18.6'        66 deg.24.8'
------------------------------------------------------------------------
\1\The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary

    (ii) Bounded on the south by straight lines connecting the following 
points in the order stated:

                Gulf of Maine/Georges Bank Exemption Area
------------------------------------------------------------------------
              Point                   N. latitude        W. longitude
------------------------------------------------------------------------
G6..............................  40 deg.55.5'        66 deg.38'

[[Page 730]]

 
G7..............................  40 deg.45'          68 deg.00'
G8..............................  40 deg.37'          68 deg.00'
G9..............................  40 deg.30'          69 deg.00'
NL3.............................  40 deg.22.7'        69 deg.00'
NL2.............................  40 deg.18.7'        69 deg.40'
NL1.............................  40 deg.50'          69 deg.40'
G11.............................  40 deg.50'          70 deg.00'
G12.............................  (\1\)               70 deg.00'
------------------------------------------------------------------------
\1\Northward to its intersection with the shoreline of mainland
  Massachusetts.

    (18) Great South Channel Scallop Dredge Exemption Area. Vessels 
issued a LAGC scallop permit, including limited access scallop permits 
that have used up their DAS allocations, may fish in the Great South 
Channel Scallop Dredge Exemption Area, as defined under paragraph 
(a)(18)(i) of this section, when not under a NE multispecies or scallop 
DAS or on a sector trip, provided the vessel complies with the 
requirements specified in paragraph (a)(18)(ii) of this section and 
applicable scallop regulations in subpart D of this chapter.
    (i) Area Definition. The Great South Channel Scallop Dredge 
Exemption Area is defined by the straight lines connecting the following 
points in the order stated (copies of a chart depicting the area are 
available from the Regional Administrator upon request):

            Great South Channel Scallop Dredge Exemption Area
------------------------------------------------------------------------
                 Point                       N. lat.         W. long.
------------------------------------------------------------------------
GSC 1..................................  42 deg.06 '         69 deg.40 '
GSC 2..................................  41 deg.30 '         69 deg.10 '
GSC 3..................................  41 deg.30 '         69 deg.23 '
GSC 4..................................  40 deg.50 '       68 deg.49.2 '
GSC 5..................................  40 deg.50 '      69 deg.29.46 '
GSC 6..................................  41 deg.10 '         69 deg.50 '
GSC 7..................................  41 deg.10 '         70 deg.00 '
GSC 8..................................  41 deg.35 '         70 deg.00 '
GSC 9..................................  41 deg.35 '         69 deg.40 '
------------------------------------------------------------------------

    (ii) Requirements. (A) A vessel fishing in the Great South Channel 
Scallop Dredge Exemption Area specified in this paragraph (a)(18) may 
not fish for, possess on board, or land any species of fish other than 
Atlantic sea scallops and up to 50 lb (23 kg) tail weight or 166 lb (75 
kg) whole weight of monkfish per trip.
    (B) The combined dredge width in use by, or in possession on board, 
vessels fishing in the Great South Channel Scallop Dredge Exemption Area 
may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail 
of the dredge.
    (19) Cape Cod Spiny Dogfish Exemption Areas. Vessels issued a NE 
multispecies limited access permit that have declared out of the DAS 
program as specified in Sec. 648.10, or that have used up their DAS 
allocations, may fish in the Eastern or Western Cape Cod Spiny Dogfish 
Exemption Area as defined under paragraph (a)(19)(i) through (a)(19)(ii) 
of this section, when not under a NE multispecies or scallop DAS, 
provided the vessel complies with the requirements for the Eastern or 
Western area, specified in paragraph (a)(19)(i) and (a)(19)(ii) of this 
section, respectively.
    (i) Eastern area definition. The Eastern Cape Cod Spiny Dogfish 
Exemption Area is defined by the straight lines connecting the following 
points in the order stated (copies of a chart depicting the area are 
available from the Regional Administrator upon request): Eastern Cape 
Cod Spiny Dogfish Exemption Area [June 1 through December 31, unless 
otherwise specified in paragraph (a)(19)(i)(A) of this section]

------------------------------------------------------------------------
              Point                    N. latitude        W. longitude
------------------------------------------------------------------------
CCD 1............................  42/00'              70/00'
CCD 2............................  42/00'              69/47.5'
CCD 3............................  41/40'              69/47.5'
CCD 4............................  41/29.5'            69/35.5'
CCD 5............................  41/29.5'            69/23'
CCD 6............................  41/26'              69/20'
CCD 7............................  41/20'              69/20'
CCD 8............................  41/20'              (\1\)
CCD 9............................  (\2\)               70/00'
CCD 10...........................  (\3\)               70/00'
CCD 11...........................  (\4\)               70/00'
CCD 1............................  42/00'              70/00'
------------------------------------------------------------------------
\1\ The eastern coastline of Nantucket, MA at 41 deg.20' N. lat.
\2\ The northern coastline of Nantucket, MA at 70 deg.00' W. long.
\3\ The southern coastline of Cape Cod, MA at 70 deg.00' W. long., then
  along the eastern coastline of Cape Cod, MA to Point--11
\4\ The northern coastline of Cape Cod, MA, at 70 deg.00' W. long.

    (A) Requirements. (1) A vessel fishing in the Eastern Cape Cod Spiny 
Dogfish Exemption Area specified in this paragraph (a)(19) may not fish 
for, possess on board, or land any NE regulated species in accordance 
with the requirements of paragraph (a)(19) of this section.
    (2) Vessels may use gillnet gear, as specified in Sec. 
648.80(a)(4)(iv), or longline

[[Page 731]]

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

[[Page 732]]

m), (9 sq ft (0.81 sq m)), to vessels fishing with gillnet gear under a 
monkfish-only DAS in the SNE Dogfish Gillnet Exemption Area in 
accordance with the provisions specified under paragraph (b)(7)(i)(A) of 
this section; to vessels fishing with gillnet gear under a monkfish-only 
DAS in the Mid-Atlantic Exemption Area in accordance with the provisions 
specified under paragraph (c)(5)(ii) of this section; or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters. Day gillnet vessels must also abide by the 
tagging requirements in paragraph (a)(3)(iv)(C) of this section.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a sector trip and fishing in the SNE Regulated 
Mesh Area may not fish with nets longer than 300 ft(91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS or on a sector trip and fishing in 
the SNE Regulated Mesh Area may not fish with, haul, possess, or deploy 
more than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Such 
vessels may stow additional nets in accordance with the definition of 
not available for immediate use as defined in Sec. 648.2 not to exceed 
150 nets, counting the deployed net.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (b)(2)(v), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small-Vessel 
permit, in the SNE Regulated Mesh Area, and persons on such vessels, are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and is 
not counted toward the 2,000-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers (``crucifer'') with less than 6-inch (15.2-cm) spacing between 
the fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook Gear permit and fishing under a 
multispecies DAS in the SNE Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel. Vessels fishing with a valid NE multispecies limited 
access Handgear A permit are prohibited from fishing, or possessing on 
board the vessel, gears other than handgear. Vessels fishing with tub-
trawl gear are prohibited from fishing, setting, or hauling back, per 
day, or possessing on board the vessel more than 250 hooks.
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (b)(12), (c), (e), (h), and (i) of this 
section; or if fishing under a NE multispecies DAS; or if fishing on a 
sector trip; or if fishing under the Small Vessel or Handgear A permit 
specified in Sec. 648.82(b)(5) and (6), respectively; or if fishing 
under a Handgear B permit specified in Sec. 648.88(a); or if fishing 
under a scallop state waters exemption specified in Sec. 648.54; or if 
fishing under a scallop DAS in accordance with paragraph (h) of this 
section; or if fishing under a General Category scallop permit in 
accordance with paragraphs (b)(11)(i)(A) and (B) of this section; or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit specified in Sec. 648.88; or if fishing as a charter/
party or private recreational vessel in compliance with the regulations 
specified in Sec. 648.89. Any gear on a vessel, or used by a vessel, in 
this area must be authorized under one of these exemptions or must be 
stowed and not available for immediate use as defined in Sec. 648.2.

[[Page 733]]

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

[[Page 734]]

DAS if the vessel complies with the requirements specified in paragraph 
(b)(6)(i) of this section; the monkfish regulations, as applicable, 
under Sec. Sec. 648.91 through 648.94; and the skate regulations, as 
applicable, under Sec. Sec. 648.4 and 648.322. The SNE Monkfish and 
Skate Gillnet Fishery Exemption Area is defined by a line running from 
the Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00' W. 
long., south to its intersection with the outer boundary of the EEZ, 
southwesterly along the outer boundary of the EEZ, and bounded on the 
west by the western boundary of the SNE Exemption Area, as defined in 
paragraph (b)(10)(ii) of this section.
    (i) Requirements. (A) A vessel fishing under the SNE Monkfish and 
Skate Gillnet Exemption may only fish for, possess on board, or land 
monkfish as specified in Sec. 648.94(b), spiny dogfish up to the amount 
specified in Sec. 648.235, and other incidentally caught species up to 
the amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed and 
not available for immediate use as defined in Sec. 648.2.
    (D) A vessel not operating under a NE multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec. 
648.92) and complies with the skate possession limit restrictions at 
Sec. 648.322;
    (2) The vessel has a valid letter of authorization on board to fish 
for skates as bait, and complies with the requirements specified at 
Sec. 648.322(c); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent, by weight, of all other species on 
board as specified at paragraph (b)(3) of this section.
    (ii) [Reserved]
    (7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required by 
monkfish regulations under this part, a gillnet vessel may fish in the 
SNE Dogfish Gillnet Fishery Exemption Area when not operating under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (b)(7)(i) of this section and the applicable dogfish 
regulations under subpart L of this part. The SNE Dogfish Gillnet 
Fishery Exemption Area is defined by a line running from the 
Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00' W. long., 
south to its intersection with the outer boundary of the EEZ, 
southwesterly along the outer boundary of the EEZ, and bounded on the 
west by the western boundary of the SNE Exemption Area as defined in 
paragraph (b)(10)(ii) of this section.
    (i) Requirements. (A) A vessel fishing under the SNE Dogfish Gillnet 
Exemption may only fish for, possess on board, or land dogfish and the 
bycatch species and amounts specified in paragraph (b)(3) of this 
section, unless fishing under a monkfish DAS. A vessel fishing under 
this exemption while on a monkfish-only DAS may also fish for, possess 
on board, and land monkfish up to the amount specified in Sec. 648.94.
    (B) All gillnets must have a minimum mesh size of 6-inch (15.2-cm) 
diamond mesh throughout the net. A vessel fishing under this exemption 
while on a monkfish-only DAS may not fish with, possess, haul, or deploy 
more than 50 roundfish gillnets, as defined in Sec. 648.2.
    (C) Fishing is confined to May 1 through October 31.
    (ii) [Reserved]
    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Exemption Area, as defined in paragraph (b)(10) 
of this section, provided that any dredge on board the vessel does not 
exceed 8 ft (2.4 m), measured at the widest point in the bail of the 
dredge, and the vessel does not fish for, harvest, possess, or land any 
species of fish other than mussels and sea urchins.
    (9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with 
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not 
operating under a NE multispecies DAS with mesh size smaller than the 
minimum required in the SNE Regulated Mesh Area, if the vessel complies 
with the requirements specified in paragraph (b)(9)(i) of this section. 
The SNE Little Tunny Gillnet Exemption Area is defined by a line running 
from the Rhode Island shoreline at 41 deg.18.2' N. lat. and

[[Page 735]]

71 deg.51.5' W. long. (Watch Hill, RI), southwesterly through Fishers 
Island, NY, to Race Point, Fishers Island, NY; and from Race Point, 
Fishers Island, NY, southeasterly to 41 deg.06.5' N. lat. and 
71 deg.50.2' W. long.; east-northeastly through Block Island, RI, to 
41 deg.15' N. lat. and 71 deg.07' W. long.; then due north to the 
intersection of the RI-MA shoreline.
    (i) Requirements. (A) A vessel fishing under this exemption may fish 
only for, possess on board, or land little tunny and the allowable 
incidental species and amounts specified in paragraph (b)(3) of this 
section and, if applicable, paragraph (b)(9)(i)(B) of this section. 
Vessels fishing under this exemption may not possess regulated species.
    (B) A vessel may possess bonito as an allowable incidental species.
    (C) The vessel must have a letter of authorization issued by the 
Regional Administrator on board.
    (D) All gillnets must have a minimum mesh size of 5.5-inch (14.0-cm) 
diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(9)(i)(D) of this section must be stowed and 
not available for immediate use as defined in Sec. 648.2 while fishing 
under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Administrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
    (10) SNE Exemption Area--Area definition. The SNE Exemption Area 
(copies of a map depicting this area are available from the Regional 
Administrator upon request) is that area:
    (i) Bounded on the east by straight lines connecting the following 
points in the order stated:

                   Southern New England Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G5...............................  41 deg.18.6'        66 deg.24.8'
G6...............................  40 deg.55.5'        66 deg.38'
G7...............................  40 deg.45.5'        68 deg.00'
G8...............................  40 deg.37'          68 deg.00'
G9...............................  40 deg.30.5'        69 deg.00'
NL3..............................  40 deg.22.7'        69 deg.00'
NL2..............................  40 deg.18.7'        69 deg.40'
NL1..............................  40 deg.50'          69 deg.40'
G11..............................  40 deg.50'          70 deg.00'
G12..............................  ..................  70 deg.00' \1\
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
  Massachusetts.

    (ii) Bounded on the west by a line running from the Rhode Island 
shoreline at 41 deg.18.2' N. lat. and 71 deg.51.5' W. long. (Watch Hill, 
RI), southwesterly through Fishers Island, NY, to Race Point, Fishers 
Island, NY; and from Race Point, Fishers Island, NY; southeasterly to 
the intersection of the 3-nautical mile line east of Montauk Point; 
southwesterly along the 3-nautical mile line to the intersection of 
72 deg.30' W. long.; and south along that line to the intersection of 
the outer boundary of the EEZ.
    (11) SNE Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec. 648.81, or 50 CFR part 648, subpart D, vessels with a limited 
access scallop permit that have declared out of the DAS program as 
specified in Sec. 648.10, or that have used up their DAS allocation, 
and vessels issued a General Category scallop permit, may fish in the 
SNE RMA when not under a NE multispecies DAS, provided the vessel fishes 
in the SNE Scallop Dredge Exemption Area and complies with the 
requirements specified in paragraph (b)(11)(ii) of this section.
    (i) The SNE Scallop Dredge Exemption Area is that area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):
    (A) Bounded on the west, south and east by straight lines connecting 
the following points in the order stated:

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
Sc1............................  (\1\)                72 deg.30'
Sc2............................  40 deg.00'           72 deg.30'
Sc3............................  40 deg.00'           71 deg.40'
Sc4............................  39 deg.50'           71 deg.40'
Sc5............................  39 deg.50'           70 deg.00'
Sc6............................  (\2\)                70 deg.00'
Sc7............................  (\3\)                70 deg.00'
Sc8............................  (\4\)                70 deg.00'
------------------------------------------------------------------------
\1\ South facing shoreline of Long Island, NY.
\2\ South facing shoreline of Nantucket, MA.
\3\ North facing shoreline of Nantucket, MA.
\4\ South facing shoreline of Cape Cod, MA.

    (B) Bounded on the northwest by straight lines connecting the 
following points in the order stated:

[[Page 736]]



------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
Sc9............................  41 deg.00'           (\1\)
Sc10...........................  41 deg.00'           71 deg.40'
Sc11...........................  (\2\)                71 deg.40'
------------------------------------------------------------------------
\1\ East facing shoreline of the south fork of Long Island, NY.
\2\ South facing shoreline of RI.

    (ii) Exemption program requirements. (A) A vessel fishing in the SNE 
Scallop Dredge Exemption Area may not fish for, posses on board, or land 
any species of fish other than Atlantic sea scallops and up to 50 lb (23 
kg) tail weight or 166 lb (75 kg) whole weight of monkfish per trip.
    (B) The combined dredge width in use by or in possession on board 
vessels fishing in the SNE Scallop Dredge Exemption Area shall not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
    (C) The minimum mesh size used in the twine top of scallop dredges 
must be 10 in (25.4 cm).
    (D) The exemption does not apply to the Nantucket Lightship Closed 
Area specified under Sec. 648.81(c).
    (12) SNE Skate Bait Trawl Exemption Area. Vessels issued an open 
access skate permit and a skate bait Letter of Authorization as 
specified in Sec. 648.322(c) that have declared out of the DAS program 
as specified in Sec. 648.10, or that have used up their DAS 
allocations, may fish in the SNE Skate Bait Trawl Exemption Area as 
defined under paragraph (b)(12)(i) of this section, when not under a NE 
multispecies or scallop DAS, provided the vessel complies with the 
requirements specified in paragraph (b)(1)(ii) of this section.
    (i) Area definition. The SNE Skate Bait Trawl Exemption Area is 
defined by the straight lines connecting the following points in the 
order stated (copies of a chart depicting the area are available from 
the Regional Administrator upon request):

                   SNE Skate Bait Trawl Exemption Area
                       [July 1 through October 31]
------------------------------------------------------------------------
              Point                       N. lat.            W. long.
------------------------------------------------------------------------
SBT 1............................  Southeastern MA.....  71 deg.00'
SBT 2............................  41 deg.00'..........  71 deg.00'
SBT 3............................  41 deg.00'..........  72 deg.05'
SBT 4............................  Southern CT.........  72 deg.05'
------------------------------------------------------------------------

    (ii) Requirements. (A) A vessel fishing in the SNE Skate Bait Trawl 
Exemption Area specified in this paragraph (b)(12) may not fish for, 
possess on board, or land any NE regulated species.
    (B) Vessels must use trawl gear, as specified in Sec. 
648.80(b)(2)(i).
    (C) Vessels must possess an active skate bait letter of 
authorization issued by the Regional Administrator, as specified in 
Sec. 648.322(c) and fish pursuant to the terms of authorization.
    (D) Fishing may only occur from July 1 through October 31 of each 
fishing year.
    (c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The 
MA Regulated Mesh Area is that area bounded on the east by the western 
boundary of the SNE Regulated Mesh Area, described under paragraph 
(b)(1)(ii) of this section.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraph (c)(2)(iii) of this section, and Sec. 648.85(b)(6), the 
minimum mesh size for any trawl net not stowed and not available for 
immediate use as defined in Sec. 648.2, on a vessel or used by a vessel 
fishing under the NE multispecies DAS program or on a sector trip in the 
MA Regulated Mesh Area, shall be that specified by Sec. 648.104(a), 
applied throughout the body and extension of the net, or any combination 
thereof, and 6.5-inch (16.5-cm) diamond or square mesh applied to the 
codend of the net, as defined in paragraph (a)(3)(i) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 3 
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (c)(2)(iii) of this section, the minimum 
mesh size for any sink gillnet, Scottish seine, midwater trawl, or purse 
seine, not stowed and not available for immediate use as defined in 
Sec. 648.2, on a vessel or used by a vessel fishing under a DAS in the 
NE multispecies DAS program in the MA Regulated Mesh Area, shall be that 
specified in Sec. 648.104(a). This restriction does not apply to nets 
or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft 
(0.81 sq m)), or to vessels that have not been issued a NE

[[Page 737]]

multispecies permit and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the MA Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use as defined in Sec. 
648.2, on a vessel or used by a vessel fishing under a DAS in the Large-
mesh DAS program, specified in Sec. 648.82(b)(4), is 7.5-inch (19.0-cm) 
diamond mesh or 8.0-inch (20.3-cm) square mesh, throughout the entire 
net. This restriction does not apply to nets or pieces of nets smaller 
than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels 
that have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Hook gear restrictions. Unless otherwise specified in this 
paragraph (c)(2)(iv), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small Vessel 
permit, in the MA Regulated Mesh Area, and persons on such vessels, are 
prohibited from using de-hookers (``crucifer'') with less than 6-inch 
(15.2-cm) spacing between the fairlead rollers. Vessels fishing with a 
valid NE multispecies limited access Hook gear permit and fishing under 
a NE multispecies DAS in the MA Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel and are prohibited from fishing, setting, or hauling 
back, per day, or possessing on board the vessel, more than 4,500 rigged 
hooks. An unabated hook and gangions that has not been secured to the 
ground line of the trawl on board a vessel is deemed to be a replacement 
hook and is not counted toward the 4,500-hook limit. A ``snap-on'' hook 
is deemed to be a replacement hook if it is not rigged or baited. 
Vessels fishing with a valid NE multispecies limited access Handgear 
permit are prohibited from fishing, or possessing on board the vessel 
gears other than handgear. Vessels fishing with tub-trawl gear are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 250 hooks.
    (v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet, not stowed and not available for 
immediate use as defined in Sec. 648.2, when fishing under a DAS in the 
NE multispecies DAS program or on a sector trip in the MA Regulated Mesh 
Area, is 6.5 inches (16.5 cm) throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), to vessels fishing with 
gillnet gear under a monkfish-only DAS in the Mid-Atlantic Exemption 
Area in accordance with the provisions specified under paragraph 
(c)(5)(ii) of this section, or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a sector trip and fishing in the MA Regulated 
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS or on a sector trip and fishing in 
the MA Regulated Mesh Area, may not fish with, haul, possess, or deploy 
more than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Such 
vessels may stow additional nets in accordance with the definition of 
not available for immediate use as defined in Sec. 648.2 not to exceed 
150 nets, counting the deployed net.
    (2) Net size requirement. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (c)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use as defined in 
Sec. 648.2, and provided that regulated species were not harvested by 
nets of mesh size smaller than the minimum mesh size specified in 
paragraph (c)(2)(i) of this section.

[[Page 738]]

    (4) Addition or deletion of exemptions. See paragraph (a)(8)(ii) of 
this section.
    (5) MA Exemption Area. (i) The MA Exemption Area is that area that 
lies west of the SNE Exemption Area defined in paragraph (b)(10) of this 
section.
    (ii) Monkfish/Spiny Dogfish Exempted Gillnet Fishery. A vessel 
fishing on a monkfish-only DAS may fish with, use, or possess gillnets 
in the MA Exemption Area with a mesh size smaller than the minimum size 
specified in paragraph (b)(2)(iv) or (c)(2)(v) of this section, provided 
the vessel complies with the following requirements:
    (A) Number of nets. Notwithstanding the provisions specified in 
paragraphs (c)(2)(v)(A) and (B) of this section and Sec. 648.92(b)(8), 
a vessel fishing on a monkfish-only DAS within the MA Exemption Area may 
not fish with, possess, haul, or deploy more than 50 roundfish gillnets, 
as defined in Sec. 648.2.
    (B) Minimum mesh size. The minimum mesh size for any roundfish 
gillnet not stowed and available for immediate use by a vessel fishing 
on a monkfish-only DAS within the MA Exemption Area is 5 inches (12.7 
cm) throughout the entire net.
    (C) Possession limits. A vessel fishing on a monkfish-only DAS 
within the MA Exemption Area may fish for, possess on board, or land 
monkfish up to the amount specified in Sec. 648.94, spiny dogfish up to 
the amount specified in Sec. 648.235, and other incidentally caught 
species up to the amounts specified in paragraph (b)(3) of this section.
    (d) Midwater trawl gear exempted fishery. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, and in the area 
described in Sec. 648.81(c)(1), the vessel has on board a letter of 
authorization issued by the Regional Administrator, and complies with 
the following restrictions:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42 deg.20' N. 
lat. and in the areas described in Sec. 648.81(a)(1), (b)(1), and 
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in 
all other areas south of 42 deg.20' N. lat.; and
    (ii) The vessel is issued a letter of authorization for a minimum of 
7 days. The vessel can be issued LOAs for the midwater trawl exempted 
fishery and the purse seine exempted fishery at the same time.
    (3) The vessel carries a NMFS-approved sea sampler/observer, if 
requested by the Regional Administrator;
    (4) The vessel does not fish for, possess or land NE. multispecies, 
except that a vessel issued an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit and fishing on a 
declared herring trip, regardless of gear or area fished, or a vessel 
issued a Limited Access Incidental Catch Herring Permit and/or an Open 
Access Herring Permit and fishing with midwater trawl gear pursuant to 
paragraph (d) of this section, may possess and land haddock and other 
regulated multispecies consistent with the catch caps and possession 
restrictions in Sec. 648.86(a)(3) and (k). Such haddock or other 
regulated NE. multispecies may not be sold, purchased, received, traded, 
bartered, or transferred, or attempted to be sold, purchased, received, 
traded, bartered, or transferred for, or intended for, human 
consumption. Haddock or other regulated NE. multispecies that are 
separated out from the herring catch pursuant to Sec. 648.15(d) may not 
be sold, purchased, received, traded, bartered, or transferred, or 
attempted to be sold, purchased, received, traded, bartered, or 
transferred for any purpose. A vessel issued an All Areas Limited Access 
Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit 
fishing on a declared herring trip, regardless of gear or area fished, 
or a vessel issued a Limited Access Incidental Catch Herring Permit and/
or an Open Access Herring Permit and fishing with midwater trawl gear 
pursuant to paragraph (d) of this section, may not discard haddock that 
has been brought on the deck or pumped into the hold;
    (5) To fish for herring under this exemption, a vessel issued an All 
Areas

[[Page 739]]

Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit fishing on a declared herring trip, or a vessel issued a 
Limited Access Incidental Catch Herring Permit and/or an Open Access 
Herring Permit fishing with midwater trawl gear in Management Areas 1A, 
1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3), must provide 
notice of the following information to NMFS at least 72 hr prior to 
beginning any trip into these areas for the purposes of observer 
deployment: Vessel name; contact name for coordination of observer 
deployment; telephone number for contact; the date, time, and port of 
departure; and whether the vessel intends to engage in fishing in Closed 
Area I, as defined in Sec. 648.81(a), at any point in the trip; and
    (6) A vessel issued an All Areas Limited Access Herring Permit and/
or an Areas 2 and 3 Limited Access Herring Permit fishing on a declared 
herring trip with midwater trawl gear, or a vessel issued a Limited 
Access Incidental Catch Herring Permit and fishing with midwater trawl 
gear in Management Areas 1A, 1B, and/or 3, as defined at Sec. 
648.200(f)(1) and (3), must notify NMFS Office of Law Enforcement 
through VMS of the time and place of offloading at least 6 hr prior to 
crossing the VMS demarcation line on their return trip to port, or, for 
a vessel that has not fished seaward of the VMS demarcation line, at 
least 6 hr prior to landing. The Regional Administrator may adjust the 
prior notification minimum time through publication of a notice in the 
Federal Register consistent with the Administrative Procedure Act.
    (7) [Reserved]
    (e) Purse seine gear exempted fishery. Fishing may take place 
throughout the fishing year with purse seine gear of mesh size smaller 
than the applicable minimum size specified in this section, provided 
that:
    (1) The vessel uses purse seine gear exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, the vessel has on board 
a letter of authorization issued by the Regional Administrator and 
complies with the following:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (ii) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested to do so by the Regional Administrator;
    (3) The vessel is issued a letter of authorization for a minimum of 
7 days, and cancels it only as instructed by the Regional Administrator. 
The vessel can be issued LOAs for the midwater trawl exempted fishery 
and the purse seine exempted fishery at the same time; and
    (4) The vessel does not fish for, possess, or land NE. multispecies, 
except that vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit fishing on a 
declared herring trip may possess and land haddock or other regulated 
species consistent with possession restrictions in Sec. 648.86(a)(3) 
and (k), respectively. Such haddock or other regulated multispecies may 
not be sold, purchased, received, traded, bartered, or transferred, or 
attempted to be sold, purchased, received, traded, bartered, or 
transferred for, or intended for, human consumption. Haddock or other 
regulated species that are separated out from the herring catch pursuant 
to Sec. 648.15(d) may not be sold, purchased, received, traded, 
bartered, or transferred, or attempted to be sold, purchased, received, 
traded, bartered, or transferred for any purpose. A vessel issued an All 
Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit may not discard haddock that has been brought on 
the deck or pumped into the hold;
    (5) To fish for herring under this exemption, vessels that have an 
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit must provide notice to NMFS of the vessel name; 
contact name for coordination of observer deployment; telephone number 
for contact; and the date, time, and port of departure, at least 72 hr 
prior to beginning any trip into these areas for the purposes of 
observer deployment; and
    (6) All vessels that have an All Areas Limited Access Herring Permit 
and/or

[[Page 740]]

an Areas 2 and 3 Limited Access Herring Permit must notify NMFS Office 
of Law Enforcement through VMS of the time and place of offloading at 
least 6 hr prior to crossing the VMS demarcation line on their return 
trip to port, or, for vessels that have not fished seaward of the VMS 
demarcation line, at least 6 hr prior to landing. The Regional 
Administrator may adjust the prior notification minimum time through 
publication of a notice in the Federal Register consistent with the 
Administrative Procedure Act.
    (f) Mesh measurements--(1) Gillnets. Mesh size of gillnet gear shall 
be measured by lining up 5 consecutive knots perpendicular to the float 
line and, with a ruler or tape measure, measuring 10 consecutive 
measures on the diamond, inside knot to inside knot. The mesh shall be 
the average of the measurements of 10 consecutive measures.
    (2) All other nets. With the exception of gillnets, mesh size is 
measured by a wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 
8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches), 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).
    (i) Square-mesh measurement. Square mesh in the regulated portion of 
the net is measured by placing the net gauge along the diagonal line 
that connects the largest opening between opposite corners of the 
square. The square-mesh size is the average of the measurements of 20 
consecutive adjacent meshes from the terminus forward along the long 
axis of the net. The square mesh is measured at least five meshes away 
from the lacings of the net.
    (ii) Diamond-mesh measurement. Diamond mesh in the regulated portion 
of the net is measured running parallel to the long axis of the net. The 
diamond-mesh size is the average of the measurements of any series of 20 
consecutive meshes. The mesh is measured at least five meshes away from 
the lacings of the net.
    (g) Restrictions on gear and methods of fishing--(1) Net obstruction 
or constriction. Except as provided in paragraph (g)(5) of this section, 
a fishing vessel subject to minimum mesh size restrictions shall not use 
any device or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of a trawl net, 
except that one splitting strap and one bull rope (if present), 
consisting of line and rope no more than 3 in (7.6 cm) in diameter, may 
be used if such splitting strap and/or bull rope does not constrict, in 
any manner, the top of the trawl net. ``The top of the trawl net'' means 
the 50 percent of the net that (in a hypothetical situation) would not 
be in contact with the ocean bottom during a tow if the net were laid 
flat on the ocean floor. For the purpose of this paragraph, head ropes 
are not considered part of the top of the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (g)(5) of this section, a fishing vessel may not use any mesh 
configuration, mesh construction, or other means on or in the top of the 
net subject to minimum mesh size restrictions, as defined in paragraph 
(g)(1) of this section, if it obstructs the meshes of the net in any 
manner.
    (ii) A fishing vessel may not use a net capable of catching NE 
multispecies if the bars entering or exiting the knots twist around each 
other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling, except as authorized under 
paragraph (d) of this section.
    (4) Brush-sweep trawl prohibition. No vessel may fish for, possess, 
or land NE multispecies while fishing with, or while in possession of, 
brush-sweep trawl gear.
    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies--(i) Nets of mesh size less than 2.5 inches (6.4 
cm). A vessel lawfully fishing for small-mesh multispecies in the GOM/
GB, SNE, or MA Regulated Mesh Areas, as defined in paragraphs (a), (b), 
and (c) of this section, with nets of mesh size smaller than 2.5 inches 
(6.4 cm), as measured by methods specified in paragraph (f) of this 
section, may

[[Page 741]]

use net strengtheners (covers, as described at Sec. 648.23(a)(3)), 
provided that the net strengthener for nets of mesh size smaller than 
2.5 inches (6.4 cm) complies with the provisions specified under Sec. 
648.23(a)(3)(iii).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.4 cm) 
but less than 3 inches (7.6 cm). A vessel lawfully fishing for small-
mesh multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas, as 
defined in paragraphs (a), (b), and (c) of this section, with nets with 
mesh size equal to or greater than 2.5 inches (6.4 cm) but less than 3 
inches (7.6 cm) (as measured by methods specified in paragraph (f) of 
this section, and as applied to the part of the net specified in 
paragraph (d)(1)(iv) of this section) may use a net strengthener (i.e., 
outside net), provided the net strengthener does not have an effective 
mesh opening of less than 6 inches (15.2 cm), diamond or square mesh, as 
measured by methods specified in paragraph (f) of this section. The 
inside net (as applied to the part of the net specified in paragraph 
(d)(1)(iv) of this section) must not be more than 2 ft (61 cm) longer 
than the outside net, must be the same circumference or smaller than the 
smallest circumference of the outside net, and must be the same mesh 
configuration (i.e., both square or both diamond mesh) as the outside 
net.
    (6) Gillnet requirements to reduce or prevent marine mammal takes--
(i) Requirements for gillnet gear capable of catching NE multispecies to 
reduce harbor porpoise takes. In addition to the requirements for 
gillnet fishing identified in this section, all persons owning or 
operating vessels in the EEZ that fish with sink gillnet gear and other 
gillnet gear capable of catching NE multispecies, with the exception of 
single pelagic gillnets (as described in Sec. 648.81(f)(5)(ii)), must 
comply with the applicable provisions of the Harbor Porpoise Take 
Reduction Plan found in Sec. 229.33 of this title.
    (ii) Requirements for gillnet gear capable of catching NE 
multispecies to prevent large whale takes. In addition to the 
requirements for gillnet fishing identified in this section, all persons 
owning or operating vessels in the EEZ that fish with sink gillnet gear 
and other gillnet gear capable of catching NE multispecies, with the 
exception of single pelagic gillnets (as described in Sec. 
648.81(f)(5)(ii)), must comply with the applicable provisions of the 
Atlantic Large Whale Take Reduction Plan found in Sec. 229.32 of this 
title.
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a NE multispecies Combination vessel permit or a 
scallop/multispecies possession limit permit, and that is fishing under 
a scallop DAS allocated under Sec. 648.53, may possess and land up to 
300 lb (136.1 kg) of regulated species per trip, provided that the 
amount of regulated species on board the vessel does not exceed the trip 
limits specified in Sec. 648.86, and provided the vessel has at least 
one standard tote on board, unless otherwise restricted by Sec. 
648.86(a)(2).
    (2) Limited access scallop vessels issued a limited access NE 
multispecies permit and fishing under a NE multispecies DAS are subject 
to the gear restrictions specified in this section and may possess and 
land unlimited amounts of regulated species or ocean pout, unless 
otherwise restricted by Sec. 648.86. Such vessels may simultaneously 
fish under a scallop DAS, but are prohibited from using scallop dredge 
gear on such trips.
    (i) State waters winter flounder exemption. Any vessel issued a NE 
multispecies permit may fish for, possess, or land winter flounder while 
fishing with nets of mesh smaller than the minimum size specified in 
paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided that:
    (1) The vessel has on board a certificate approved by the Regional 
Administrator and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to minimum mesh 
size for winter flounder.
    (2) Fishing is conducted exclusively in the waters of the state from 
which the certificate was obtained.
    (3) The state's winter flounder plan has been approved by the 
Commission

[[Page 742]]

as being in compliance with the Commission's winter flounder fishery 
management plan.
    (4) The state elects, by a letter to the Regional Administrator, to 
participate in the exemption program described by this section (for a 
particular fishing year).
    (5) The vessel does not enter or transit the EEZ.
    (6) The vessel does not enter or transit the waters of another 
state, unless such other state is participating in the exemption program 
described by this section and the vessel is enrolled in that state's 
program.
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder, and has at least one standard tote on board.
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small-mesh species 
specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of 
this section when fishing in the areas specified under paragraphs 
(a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters and permitted to fish for skates may also possess and land skates 
in amounts not to exceed 10 percent, by weight, of all other species on 
board.

[69 FR 22951, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.80, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.81  NE multispecies closed areas and measures to protect EFH.

    (a) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I (copies 
of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(a)(2) and (i) of this section:

                              Closed Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41 deg.30'          69 deg.23'
CI2..............................  40 deg.45'          68 deg.45'
CI3..............................  40 deg.45'          68 deg.30'
CI4..............................  41 deg.30'          68 deg.30'
CI1..............................  41 deg.30'          69 deg.23'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (a)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, provided that 
there is no retention of regulated species and no other gear on board 
capable of catching NE multispecies;
    (ii) Fishing with or using pelagic longline gear or pelagic hook-
and-line gear, or harpoon gear, provided that there is no retention of 
regulated species, and provided that there is no other gear on board 
capable of catching NE multispecies;
    (iii) Fishing with pelagic midwater trawl gear, consistent with 
Sec. 648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated NE multispecies and, 
if the Regional Administrator determines, on the basis of sea sampling 
data or other credible information for this fishery, that the bycatch of 
regulated multispecies exceeds, or is likely to exceed, 1 percent of 
herring and mackerel harvested, by weight, in the fishery or by any 
individual fishing operation, the Regional Administrator may place 
restrictions and conditions in the letter of authorization for any or 
all individual fishing operations or, after consulting with the Council, 
suspend or prohibit any or all midwater trawl activities in the closed 
areas;
    (iv) Fishing with tuna purse seine gear, provided that there is no 
retention of NE multispecies, and provided there is no other gear on 
board gear capable of catching NE multispecies. If the Regional 
Administrator determines through credible information, that tuna purse 
seine vessels are adversely affecting habitat or NE multispecies stocks, 
the Regional Administrator

[[Page 743]]

may, through notice action, consistent with the Administrative Procedure 
Act, prohibit individual purse seine vessels or all purse seine vessels 
from the area; or
    (v) Fishing in a SAP, in accordance with the provisions of Sec. 
648.85(b).
    (vi) Fishing for scallops within the Closed Area I Access Area 
defined in Sec. 648.59(b)(3) during the season specified in Sec. 
648.59(b)(4), and pursuant to the provisions specified in Sec. 648.60.
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(b)(2) of this section:

                             Closed Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1I1.............................  41 deg.00'          67 deg.20'
C1I2.............................  41 deg.00'          66 deg.35.8'
G5...............................  41 deg.18.6'        66 deg.24.8' \1\
C1I3.............................  42 deg.22'          67 deg.20' \1\
C1I1.............................  41 deg.00'          67 deg.20' \1\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (b)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels--
    (i) Fishing with gears as described in paragraphs (a)(2)(i) through 
(iii), and (a)(2)(v) of this section;
    (ii) Fishing with tuna purse seine gear outside of the portion of CA 
II known as the Habitat Area of Particular Concern, as described in 
paragraph (h)(1)(v) of this section;
    (iii) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the 
Eastern U.S./Canada Haddock SAP Program as specified in Sec. 
648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
    (iv) Transiting the area, provided the vessel's fishing gear is 
stowed and not available for immediate use as defined in Sec. 648.2; 
and
    (A) The operator has determined, and a preponderance of available 
evidence indicates, that there is a compelling safety reason; or
    (B) The vessel has declared into the Eastern U.S./Canada Area as 
specified in Sec. 648.85(a)(3)(ii) and is transiting CA II in 
accordance with the provisions of Sec. 648.85(a)(3)(vii).
    (v) Fishing for scallops within the Closed Area II Access Area 
defined in Sec. 648.59(c)(3), during the season specified in Sec. 
648.59(c)(4), and pursuant to the provisions specified in Sec. 648.60.
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or person 
on a fishing vessel may enter, fish, or be in the area known as the 
Nantucket Lightship Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the order stated, 
except as specified in paragraphs (c)(2) and (i) of this section:

                     Nantucket Lightship Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G10..............................  40 deg.50'          69 deg.00'
CN1..............................  40 deg.20'          69 deg.00'
CN2..............................  40 deg.20'          70 deg.20'
CN3..............................  40 deg.5O'          70 deg.20'
G10..............................  40 deg.50'          69 deg.00'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (c)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with gears as described in paragraph (a)(2) of this 
section; or
    (ii) Classified as charter, party or recreational vessel, provided 
that:
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization issued by the Regional Administrator on board, which is 
valid from the date of issuance through a minimum duration of 7 days;
    (B) Fish species managed by the NEFMC or MAFMC that are harvested or 
possessed by the vessel, are not sold or intended for trade, barter or 
sale, regardless of where the fish are caught; and
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (D) The vessel does not fish outside the Nantucket Lightship Closed 
Area during the period specified by the letter of authorization; or

[[Page 744]]

    (iii) Fishing with or using dredge gear designed and used to take 
surfclams or ocean quahogs, provided that there is no retention of 
regulated species and no other gear on board capable of catching NE 
multispecies.
    (iv) Fishing for scallops within the Nantucket Lightship Access Area 
defined in Sec. 648.59(d)(3), during the season specified in Sec. 
648.59(d)(4), and pursuant to the provisions specified in Sec. 648.60.
    (d) Cashes Ledge Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in the area known as the Cashes Ledge 
Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (d)(2) and 
(i) of this section (a chart depicting this area is available from the 
Regional Administrator upon request):

                        Cashes Ledge Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CL1..............................  43 deg.07'          69 deg.02'
CL2..............................  42 deg.49.5'        68 deg.46'
CL3..............................  42 deg.46.5'        68 deg.50.5'
CL4..............................  42 deg.43.5'        68 deg.58.5'
CL5..............................  42 deg.42.5'        69 deg.17.5'
CL6..............................  42 deg.49.5'        69 deg.26'
CL1..............................  43 deg.07'          69 deg.02'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (d)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels that meet the 
criteria in paragraphs (f)(5)(ii) through (v) of this section.
    (e) Western GOM Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in, the area known as the Western GOM 
Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (e)(2) and 
(i) of this section:

                      Western GOM Closure Area \1\
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM1.............................  42 deg.15'          70 deg.15'
WGM2.............................  42 deg.15'          69 deg.55'
WGM3.............................  43 deg.15'          69 deg.55'
WGM4.............................  43 deg.15'          70 deg.15'
WGM1.............................  42 deg.15'          70 deg.15'
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
  Administrator upon request.

    (2) Unless otherwise restricted under paragraph (h) of this section, 
paragraph (e)(1) of this section does not apply to persons on fishing 
vessels or fishing vessels that meet the criteria in paragraphs 
(f)(5)(ii) through (v) of this section consistent with the requirements 
specified under Sec. 648.80(a)(5).
    (f) GOM Cod Protection Closures. (1) Unless otherwise allowed in 
this part, no fishing vessel or person on a fishing vessel may enter, 
fish in, or be in; and no fishing gear capable of catching NE 
multispecies may be in, or on board a vessel in GOM Cod Protection 
Closures I through V as described, and during the times specified, in 
paragraphs (f)(4)(i) through (v) of this section.
    (2) Any vessel subject to a GOM cod protection closure may transit 
the area, provided it complies with the requirements specified in 
paragraph (i) of this section.
    (3) The New England Fishery Management Council shall review the GOM 
Cod Protection Closures Areas specified in this section when the 
spawning stock biomass for GOM cod reaches the minimum biomass threshold 
specified for the stock (50 percent of SSBMSY).
    (4) GOM Cod Protection Closure Areas. Charts depicting these areas 
are available from the Regional Administrator upon request.
    (i) GOM Cod Protection Closure I. From May 1 through May 31, the 
restrictions specified in paragraphs (f)(1) and (2) of this section 
apply to GOM Cod Protection Closure I, which is the area bounded by the 
following coordinates connected in the order stated by straight lines:

                      GOM Cod Protection Closure I
                             [May 1-May 31]
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CPCI 1.........................  43 deg.30' N         \(1)\
CPCI 2.........................  43 deg.30' N         69 deg.30' W
CPCI 3.........................  43 deg.00' N         69 deg.30' W
CPCI 4.........................  43 deg.00' N         70 deg.00' W

[[Page 745]]

 
CPCI 5.........................  42 deg.30' N         70 deg.00' W
CPCI 6.........................  42 deg.30' N         70 deg.30' W
CPCI 7.........................  42 deg.20' N         70 deg.30' W
CPCI 8.........................  42 deg.20' N         \(2) (3)\
CPCI 1.........................  43 deg.30' N         \(1) (3)\
------------------------------------------------------------------------
\1\ The intersection of 43 deg.30' N latitude and the coastline of
  Maine.
\2\ The intersection of 42 deg.20' N latitude and the coastline of
  Massachusetts.
\3\ From Point 8 back to Point 1 following the coastline of the United
  States.

    (ii) GOM Cod Protection Closure II. From June 1 through June 30, the 
restrictions specified in paragraphs (f)(1) and (2) of this section 
apply to GOM Cod Protection Closure II, which is the area bounded by the 
following coordinates connected in the order stated by straight lines:

                      GOM Cod Protection Closure II
                            [June 1-June 30]
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CPCII 1........................  \(1)\                69 deg.30' W
CPCII 2........................  43 deg.30' N         69 deg.30' W
CPCII 3........................  43 deg.30' N         70 deg.00' W
CPCII 4........................  42 deg.30' N         70 deg.00' W
CPCII 5........................  42 deg.30' N         70 deg.30' W
CPCII 6........................  42 deg.20' N         70 deg.30' W
CPCII 7........................  42 deg.20' N         \(2) (3)\
CPCII 8........................  42 deg.30' N         \(4) (3)\
CPCII 9........................  42 deg.30' N         70 deg.30' W
CPCII 10.......................  43 deg.00' N         70 deg.30' W
CPCII 11.......................  43 deg.00' N         \(5) (6)\
CPCII 1........................  \(1)\                69 deg.30' W \6\
------------------------------------------------------------------------
\1\ The intersection of 69 deg.30' W longitude and the coastline of
  Maine.
\2\ The intersection of 42 deg.20' N latitude and the coastline of
  Massachusetts.
\3\ From Point 7 to Point 8 following the coastline of Massachusetts.
\4\ The intersection of 42 deg.30' N latitude and the coastline of
  Massachusetts.
\5\ The intersection of 43 deg.00' N latitude and the coastline of New
  Hampshire.
\6\ From Point 11 back to Point 1 following the coastlines of New
  Hampshire and Maine.

    (iii) GOM Cod Protection Closure III. From November 1 through 
January 31, the restrictions specified in paragraphs (f)(1) and (2) of 
this section apply to GOM Cod Protection Closure III, which is the area 
bounded by the following coordinates connected in the order stated by 
straight lines:

                     GOM Cod Protection Closure III
                         [November 1-January 31]
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CPCIII 1.......................  42 deg.30' N         \(1)\
CPCIII 2.......................  42 deg.30' N         70 deg.30' W
CPCIII 3.......................  42 deg.15' N         70 deg.30' W
CPCIII 4.......................  42 deg.15' N         70 deg.24' W
CPCIII 5.......................  42 deg.00' N         70 deg.24' W
CPCIII 6.......................  42 deg.00' N         \(2) (3)\
CPCIII 1.......................  42 deg.30' N         \(1) (3)\
------------------------------------------------------------------------
\1\ The intersection of 42 deg.30' N latitude and the Massachusetts
  coastline.
\2\ The intersection of 42 deg.00' N latitude and the mainland
  Massachusetts coastline at Kingston, MA.
\3\ From Point 6 back to Point 1 following the coastline of
  Massachusetts.

    (iv) GOM Cod Protection Closure IV. From October 1 through October 
31, the restrictions specified in paragraphs (f)(1) and (2) of this 
section apply to GOM Cod Protection Closure IV, which is the area 
bounded by the following coordinates connected in the order stated by 
straight lines:

                      GOM Cod Protection Closure IV
                         [October 1-October 31]
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CPCIV 1........................  42 deg.30' N         \(1)\
CPCIV 2........................  42 deg.30' N         70 deg.00' W
CPCIV 3........................  42 deg.00' N         70 deg.00' W
CPCIV 4........................  42 deg.00' N         \(2) (3)\
CPCIV 1........................  42 deg.30' N         \(1) (3)\
------------------------------------------------------------------------
\1\ The intersection of 42 deg.30' N latitude and the Massachusetts
  coastline
\2\ The intersection of 42 deg.00' N latitude and the mainland
  Massachusetts coastline at Kingston, MA
\3\ From Point 4 back to Point 1 following the coastline of
  Massachusetts

    (v) GOM Cod Protection Closure V. From March 1 through March 31, the 
restrictions specified in paragraphs (f)(1) and (2) of this section GOM 
Cod Protection Closure V, which is the area bounded by the following 
coordinates connected in the order stated by straight lines:

                      GOM Cod Protection Closure V
                           [March 1-March 31]
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CPCV 1.........................  42 deg.30' N         70 deg.00' W
CPCV 2.........................  42 deg.30' N         68 deg.30' W
CPCV 3.........................  42 deg.00' N         68 deg.30' W
CPCV 4.........................  42 deg.00' N         70 deg.00' W
CPCV 1.........................  42 deg.30' N         70 deg.00' W
------------------------------------------------------------------------

    (5) The GOM cod protection closures specified in this section do not 
apply to persons aboard fishing vessels or fishing vessels that meet any 
of the following criteria:

[[Page 746]]

    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, except for pelagic gillnet gear capable of catching NE 
multispecies, unless fishing with a single pelagic gillnet not longer 
than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a 
maximum mesh size of 3 inches (7.6 cm), provided that:
    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are fishing in the Midwater Trawl Gear Exempted Fishery 
as specified in Sec. 648.80(d);
    (iv) That are fishing in the Purse Seine Gear Exempted Fishery as 
specified in Sec. 648.80(e);
    (v) That are fishing under charter/party or recreational regulations 
specified in Sec. 648.89, provided that:
    (A) For vessels fishing under charter/party regulations in a GOM cod 
protection closure described under paragraph (f)(4) of this section, it 
has on board a letter of authorization issued by the Regional 
Administrator, which is valid from the date of enrollment through the 
duration of the closure or 3 months duration, whichever is greater; for 
vessels fishing under charter/party regulations in the Cashes Ledge 
Closure Area or Western GOM Area Closure, as described under paragraphs 
(d) and (e) of this section, respectively, it has on board a letter of 
authorization issued by the Regional Administrator, which is valid from 
the date of enrollment until the end of the fishing year;
    (B) Fish species managed by the NEFMC or MAFMC that are harvested or 
possessed by the vessel, are not sold or intended for trade, barter or 
sale, regardless of where the fish are caught;
    (C) The vessel has no gear other than rod and reel or handline on 
board; and
    (D) The vessel does not use any NE multispecies DAS during the 
entire period for which the letter of authorization is valid;
    (vi) That are fishing with or using scallop dredge gear when fishing 
under a scallop DAS or when lawfully fishing in the Scallop Dredge 
Fishery Exemption Area as described in Sec. 648.80(a)(11), provided the 
vessel does not retain any regulated NE multispecies during a trip, or 
on any part of a trip; or
    (vii) That are fishing in the Raised Footrope Trawl Exempted Whiting 
Fishery, as specified in Sec. 648.80(a)(15), or in the Small Mesh Area 
II Exemption Area, as specified in Sec. 648.80(a)(9);
    (viii) That are fishing on a sector trip, as defined in this part, 
and in the GOM Cod Protection Closures IV or V, as specified in 
paragraphs (f)(4)(iv) and (v) of this section; or
    (ix) That are fishing under the provisions of a Northeast 
multispecies Handgear A permit, as specified at Sec. 648.82(b)(6), and 
in the GOM Cod Protection Closures IV or V, as specified in paragraphs 
(f)(4)(iv) and (v) of this section .
    (g) GB Seasonal Closure Area. (1) From May 1 through May 31, no 
fishing vessel or person on a fishing vessel may enter, fish in, or be 
in, and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part, may be in the area known as the GB 
Seasonal Closure Area, as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(g)(2) and (i) of this section:

                   Georges Bank Seasonal Closure Area
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GB1..............................  42 deg.00'          (\1\)
GB2..............................  42 deg.00'          68 deg.30'
GB3..............................  42 deg.20'          68 deg.30'
GB4..............................  42 deg.20'          67 deg.20'
GB5..............................  41 deg.30'          67 deg.20'
CI1..............................  41 deg.30'          69 deg.23'
CI2..............................  40 deg.45'          68 deg.45'
CI3..............................  40 deg.45'          68 deg.30'
GB6..............................  40 deg.30'          68 deg.30'
GB7..............................  40 deg.30'          69 deg.00'
G10..............................  40 deg.50'          69 deg.00'
GB8..............................  40 deg.50'          69 deg.30'
GB9..............................  41 deg.00'          69 deg.30'
GB10.............................  41 deg.00'          70 deg.00'
G12..............................  (\1\)               70 deg. 00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland MA.


[[Page 747]]

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels that meet any of the following 
criteria:
    (i) That meet the criteria in paragraphs (f)(5)(i), (ii), or (iii) 
of this section;
    (ii) That are fishing as charter/party or recreational vessels;
    (iii) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS, and provided that the vessel complies with 
the NE multispecies possession restrictions for scallop vessels 
specified at Sec. 648.80(h); or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Areas, as described in paragraphs (a)(11) and 
(18) of this section.
    (iv) That are fishing in the CA I Hook Gear Haddock Access Area 
pursuant to Sec. 648.85(b)(7).
    (v) That are fishing under the restrictions and conditions of an 
approved sector operations plan, as specified in Sec. 648.87(c).
    (vi) That are fishing under the provisions of a Northeast 
multispecies Handgear A permit, as specified at Sec. 648.82(b)(6), or 
the provisions of a Northeast multispecies Handgear B permit, as 
specified at Sec. 648.88(a).
    (h) Essential Fish Habitat Closure Areas. (1) In addition to the 
restrictions under paragraphs (a) through (e) of this section, no 
fishing vessel or person on a fishing vessel with bottom tending mobile 
gear on board the vessel may enter, fish in, or be in the EFH Closure 
Areas described in paragraphs (h)(1)(i) through (vi) of this section, 
unless otherwise specified. A chart depicting these areas is available 
from the Regional Administrator upon request.
    (i) Western GOM Habitat Closure Area. The restrictions specified in 
paragraph (h)(1) of this section apply to the Western GOM Habitat 
Closure Area, which is the area bound by straight lines connecting the 
following points in the order stated:

                    Western GOM Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM4.............................  43 deg.15'          70 deg.15'
WGM1.............................  42 deg.15'          70 deg.15'
WGM5.............................  42 deg.15'          70 deg.00'
WGM6.............................  43 deg.15'          70 deg.00'
WGM4.............................  43 deg.15'          70 deg.15'
------------------------------------------------------------------------

    (ii) Cashes Ledge Habitat Closure Area. The restrictions specified 
in paragraph (h)(1) of this section apply to the Cashes Ledge Habitat 
Closure Area, which is the area defined by straight lines connecting the 
following points in the order stated:

                    Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CLH1.............................  43 deg.01'          69 deg.03'
CLH2.............................  43 deg.01'          68 deg.52'
CLH3.............................  42 deg.45'          68 deg.52'
CLH4.............................  42 deg.45'          69 deg.03'
CLH1.............................  43 deg.01'          69 deg.03'
------------------------------------------------------------------------

    (iii) Jeffrey's Bank Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Jeffrey's 
Bank Habitat Closure Area, which is the area bound by straight lines 
connecting the following points in the order stated:

                   Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
JB1..............................  43 deg.40'          68 deg.50'
JB2..............................  43 deg.40'          68 deg.40'
JB3..............................  43 deg.20'          68 deg.40'
JB4..............................  43 deg.20'          68 deg.50'
JB1..............................  43 deg.40'          68 deg.50'
------------------------------------------------------------------------

    (iv) Closed Area I Habitat Closure Areas. The restrictions specified 
in paragraph (h)(1) of this section apply to the Closed Area I Habitat 
Closure Areas, Closed Area I-North and Closed Area I-South, which are 
the areas bound by straight lines connecting the following points in the 
order stated:

                Closed Area I--North Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41 deg.30'          69 deg.23'
CI4..............................  41 deg.30'          68 deg.30'
CIH1.............................  41 deg.26'          68 deg.30'
CIH2.............................  41 deg.04'          69 deg.01'
CI1..............................  41 deg.30'          69 deg.23'
------------------------------------------------------------------------


                Closed Area I--South Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CIH3.............................  40 deg.55'          68 deg.53'
CIH4.............................  40 deg.58'          68 deg.30'
CI3..............................  40 deg.45'          68 deg.30'
CI2..............................  40 deg.45'          68 deg.45'
CIH3.............................  40 deg.55'          68 deg.53'
------------------------------------------------------------------------


[[Page 748]]

    (v) Closed Area II Habitat Closure Area. The restrictions specified 
in this paragraph (h)(1) apply to the Closed Area II Habitat Closure 
Area (also referred to as the Habitat Area of Particular Concern), which 
is the area bound by straight lines connecting the following points in 
the order stated:

                   Closed Area II Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
CIIH1                              42 deg.10'          67 deg.20'
CIIH2                              42 deg.10'          67 deg.9.3'
CIIH3                              42 deg.00'          67 deg.0.5'
CIIH4                              42 deg.00'          67 deg.10'
CIIH5                              41 deg.50'          67 deg.10'
CIIH6                              41 deg.50'          67 deg.20'
CIIH1                              42 deg.10'          67 deg.20'
------------------------------------------------------------------------

    (vi) Nantucket Lightship Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Nantucket 
Lightship Habitat Closure Area, which is the area bound by straight 
lines connecting the following points in the order stated:

                 Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
NLH1.............................  41 deg.10'          70 deg.00'
NLH2.............................  41 deg.10'          69 deg.50'
NLH3.............................  40 deg.50'          69 deg.30'
NLH4.............................  40 deg.20'          69 deg.30'
NLH5.............................  40 deg.20'          70 deg.00'
NLH1.............................  41 deg.10'          70 deg.00'
------------------------------------------------------------------------

    (2) [Reserved]
    (i) Transiting. Unless otherwise restricted or specified in this 
paragraph (i), a vessel may transit CA I, the Nantucket Lightship Closed 
Area, the Cashes Ledge Closed Area, the Western GOM Closure Area, the 
GOM Cod Protection Closures, the GB Seasonal Closure Area, the EFH 
Closure Areas, and the GOM Cod Spawning Protection Area, as defined in 
paragraphs (a)(1), (c)(1), (d)(1), (e)(1), (f)(4), (g)(1), (h)(1), and 
(n)(1), of this section, respectively, provided that its gear is stowed 
and not available for immediate use as defined in Sec. 648.2. A vessel 
may transit CA II, as defined in paragraph (b)(1) of this section, in 
accordance with paragraph (b)(2)(iv) of this section. Private 
recreational or charter/party vessels fishing under the Northeast 
multispecies provisions specified at Sec. 648.89 may transit the GOM 
Cod Spawning Protection Area, as defined in paragraph (n)(1) of this 
section, provided all bait and hooks are removed from fishing rods, and 
any regulated species on board have been caught outside the GOM Cod 
Spawning Protection Area and has been gutted and stored.
    (j) Restricted Gear Area I. (1) Restricted Gear Area I is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 120                           ...................
  69...........................  40 deg.07.9'         68 deg.36.0'
  70...........................  40 deg.07.2'         68 deg.38.4'
  71...........................  40 deg.06.9'         68 deg.46.5'
  72...........................  40 deg.08.7'         68 deg.49.6'
  73...........................  40 deg.08.1'         68 deg.51.0'
  74...........................  40 deg.05.7'         68 deg.52.4'
  75...........................  40 deg.03.6'         68 deg.57.2'
  76...........................  40 deg.03.65'        69 deg.00.0'
  77...........................  40 deg.04.35'        69 deg.00.5'
  78...........................  40 deg.05.2'         69 deg.00.5'
  79...........................  40 deg.05.3'         69 deg.01.1'
  80...........................  40 deg.08.9'         69 deg.01.75'
  81...........................  40 deg.11.0'         69 deg.03.8'
  82...........................  40 deg.11.6'         69 deg.05.4'
  83...........................  40 deg.10.25'        69 deg.04.4'
  84...........................  40 deg.09.75'        69 deg.04.15'
  85...........................  40 deg.08.45'        69 deg.03.6'
  86...........................  40 deg.05.65'        69 deg.03.55'
  87...........................  40 deg.04.1'         69 deg.03.9'
  88...........................  40 deg.02.65'        69 deg.05.6'
  89...........................  40 deg.02.00'        69 deg.08.35'
  90...........................  40 deg.02.65'        69 deg.11.15'
  91...........................  40 deg.00.05'        69 deg.14.6'
  92...........................  39 deg.57.8'         69 deg.20.35'
  93...........................  39 deg.56.65'        69 deg.24.4'
  94...........................  39 deg.56.1'         69 deg.26.35'
  95...........................  39 deg.56.55'        69 deg.34.1'
  96...........................  39 deg.57.85'        69 deg.35.5'
  97...........................  40 deg.00.65'        69 deg.36.5'
  98...........................  40 deg.00.9'         69 deg.37.3'
  99...........................  39 deg.59.15'        69 deg.37.3'
  100..........................  39 deg.58.8'         69 deg.38.45'
  102..........................  39 deg.56.2'         69 deg.40.2'
  103..........................  39 deg.55.75'        69 deg.41.4'
  104..........................  39 deg.56.7'         69 deg.53.6'
  105..........................  39 deg.57.55'        69 deg.54.05'
  106..........................  39 deg.57.4'         69 deg.55.9'
  107..........................  39 deg.56.9'         69 deg.57.45'
  108..........................  39 deg.58.25'        70 deg.03.0'
  110..........................  39 deg.59.2'         70 deg.04.9'
  111..........................  40 deg.00.7'         70 deg.08.7'
  112..........................  40 deg.03.75'        70 deg.10.15'
  115..........................  40 deg.05.2'         70 deg.10.9'
  116..........................  40 deg.02.45'        70 deg.14.1'
  119..........................  40 deg.02.75'        70 deg.16.1'
to 181                           ...................
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 69                            ...................
  120..........................  40 deg.06.4'         68 deg.35.8'
  121..........................  40 deg.05.25'        68 deg.39.3'
  122..........................  40 deg.05.4'         68 deg.44.5'
  123..........................  40 deg.06.0'         68 deg.46.5'
  124..........................  40 deg.07.4'         68 deg.49.6'
  125..........................  40 deg.05.55'        68 deg.49.8'
  126..........................  40 deg.03.9'         68 deg.51.7'
  127..........................  40 deg.02.25'        68 deg.55.4'

[[Page 749]]

 
  128..........................  40 deg.02.6'         69 deg.00.0'
  129..........................  40 deg.02.75'        69 deg.00.75'
  130..........................  40 deg.04.2'         69 deg.01.75'
  131..........................  40 deg.06.15'        69 deg.01.95'
  132..........................  40 deg.07.25'        69 deg.02.0'
  133..........................  40 deg.08.5'         69 deg.02.25'
  134..........................  40 deg.09.2'         69 deg.02.95'
  135..........................  40 deg.09.75'        69 deg.03.3'
  136..........................  40 deg.09.55'        69 deg.03.85'
  137..........................  40 deg.08.4'         69 deg.03.4'
  138..........................  40 deg.07.2'         69 deg.03.3'
  139..........................  40 deg.06.0'         69 deg.03.1'
  140..........................  40 deg.05.4'         69 deg.03.05'
  141..........................  40 deg.04.8'         69 deg.03.05'
  142..........................  40 deg.03.55'        69 deg.03.55'
  143..........................  40 deg.01.9'         69 deg.03.95'
  144..........................  40 deg.01.0'         69 deg.04.4'
  146..........................  39 deg.59.9'         69 deg.06.25'
  147..........................  40 deg.00.6'         69 deg.10.05'
  148..........................  39 deg.59.25'        69 deg.11.15'
  149..........................  39 deg.57.45'        69 deg.16.05'
  150..........................  39 deg.56.1'         69 deg.20.1'
  151..........................  39 deg.54.6'         69 deg.25.65'
  152..........................  39 deg.54.65'        69 deg.26.9'
  153..........................  39 deg.54.8'         69 deg.30.95'
  154..........................  39 deg.54.35'        69 deg.33.4'
  155..........................  39 deg.55.0'         69 deg.34.9'
  156..........................  39 deg.56.55'        69 deg.36.0'
  157..........................  39 deg.57.95'        69 deg.36.45'
  158..........................  39 deg.58.75'        69 deg.36.3'
  159..........................  39 deg.58.8'         69 deg.36.95'
  160..........................  39 deg.57.95'        69 deg.38.1'
  161..........................  39 deg.54.5'         69 deg.38.25'
  162..........................  39 deg.53.6'         69 deg.46.5'
  163..........................  39 deg.54.7'         69 deg.50.0'
  164..........................  39 deg.55.25'        69 deg.51.4'
  165..........................  39 deg.55.2'         69 deg.53.1'
  166..........................  39 deg.54.85'        69 deg.53.9'
  167..........................  39 deg.55.7'         69 deg.54.9'
  168..........................  39 deg.56.15'        69 deg.55.35'
  169..........................  39 deg.56.05'        69 deg.56.25'
  170..........................  39 deg.55.3'         69 deg.57.1'
  171..........................  39 deg.54.8'         69 deg.58.6'
  172..........................  39 deg.56.05'        70 deg.00.65'
  173..........................  39 deg.55.3'         70 deg.02.95'
  174..........................  39 deg.56.9'         70 deg.11.3'
  175..........................  39 deg.58.9'         70 deg.11.5'
  176..........................  39 deg.59.6'         70 deg.11.1'
  177..........................  40 deg.01.35'        70 deg.11.2'
  178..........................  40 deg.02.6'         70 deg.12.0'
  179..........................  40 deg.00.4'         70 deg.12.3'
  180..........................  39 deg.59.75'        70 deg.13.05'
  181..........................  39 deg.59.3'         70 deg.14.0'
to 119                           ...................  ..................
------------------------------------------------------------------------

    (2) Restricted Period--(i) Mobile gear. From October 1 through June 
15, no fishing vessel with mobile gear or person on a fishing vessel 
with mobile gear may fish or be in Restricted Gear Area I, unless 
transiting. Vessels may transit this area provided that mobile gear is 
on board the vessel while inside the area, provided that its gear is 
stowed and not available for immediate use as defined in Sec. 648.2.
    (ii) Lobster pot gear. From June 16 through September 30, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area I.
    (k) Restricted Gear Area II. (1) Restricted Gear Area II is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 1
   49..........................  40 deg.02.75' N.     70 deg.16.1' W.
   50..........................  40 deg.00.7' N.      70 deg.18.6' W.
   51..........................  39 deg.59.8' N.      70 deg.21.75' W.
   52..........................  39 deg.59.75' N.     70 deg.25.5' W.
   53..........................  40 deg.03.85' N.     70 deg.28.75' W.
   54..........................  40 deg.00.55' N.     70 deg.32.1' W.
   55..........................  39 deg.59.15' N.     70 deg.34.45' W.
   56..........................  39 deg.58.9' N.      70 deg.38.65' W.
   57..........................  40 deg.00.1' N.      70 deg.45.1' W.
   58..........................  40 deg.00.5' N.      70 deg.57.6' W.
   59..........................  40 deg.02.0' N.      71 deg.01.3' W.
   60..........................  39 deg.59.3' N.      71 deg.18.4' W.
   61..........................  40 deg.00.7' N.      71 deg.19.8' W.
   62..........................  39 deg.57.5' N.      71 deg.20.6' W.
   63..........................  39 deg.53.1' N.      71 deg.36.1' W.
   64..........................  39 deg.52.6' N.      71 deg.40.35' W.
   65..........................  39 deg.53.1' N.      71 deg.42.7' W.
   66..........................  39 deg.46.95' N.     71 deg.49.0' W.
   67..........................  39 deg.41.15' N.     71 deg.57.1' W.
   68..........................  39 deg.35.45' N.     72 deg.02.0' W.
   69..........................  39 deg.32.65' N.     72 deg.06.1' W.
   70..........................  39 deg.29.75' N.     72 deg.09.8' W.
to 48
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
   1...........................  39 deg.59.3' N.      70 deg.14.0' W.
   2...........................  39 deg.58.85' N.     70 deg.15.2' W.
   3...........................  39 deg.59.3' N.      70 deg.18.4' W.
   4...........................  39 deg.58.1' N.      70 deg.19.4' W.
   5...........................  39 deg.57.0' N.      70 deg.19.85' W.
   6...........................  39 deg.57.55' N.     70 deg.21.25' W.
   7...........................  39 deg.57.5' N.      70 deg.22.8' W.
   8...........................  39 deg.57.1' N.      70 deg.25.4' W.
   9...........................  39 deg.57.65' N.     70 deg.27.05' W.
   10..........................  39 deg.58.58' N.     70 deg.27.7' W.
   11..........................  40 deg.00.65' N.     70 deg.28.8' W.
   12..........................  40 deg.02.2' N.      70 deg.29.15' W.
   13..........................  40 deg.01.0' N.      70 deg.30.2' W.
   14..........................  39 deg.58.58' N.     70 deg.31.85' W.
   15..........................  39 deg.57.05' N.     70 deg.34.35' W.
   16..........................  39 deg.56.42' N.     70 deg.36.8' W.
   21..........................  39 deg.58.15' N.     70 deg.48.0' W.
   24..........................  39 deg.58.3' N.      70 deg.51.1' W.
   25..........................  39 deg.58.1' N.      70 deg.52.25' W.
   26..........................  39 deg.58.05' N.     70 deg.53.55' W.
   27..........................  39 deg.58.4' N.      70 deg.59.6' W.
   28..........................  39 deg.59.8' N.      71 deg.01.05' W.
   29..........................  39 deg.58.2' N.      71 deg.05.85' W.
   30..........................  39 deg.57.45' N.     71 deg.12.15' W.
   31..........................  39 deg.57.2' N.      71 deg.15.0' W.
   32..........................  39 deg.56.3' N.      71 deg.18.95' W.
   33..........................  39 deg.51.4' N.      71 deg.36.1' W.
   34..........................  39 deg.51.75' N.     71 deg.41.5' W.
   35..........................  39 deg.50.05' N.     71 deg.42.5' W.
   36..........................  39 deg.50.0' N.      71 deg.45.0' W.
   37..........................  39 deg.48.95' N.     71 deg.46.05' W.
   38..........................  39 deg.46.6' N.      71 deg.46.1' W.
   39..........................  39 deg.43.5' N.      71 deg.49.4' W.
   40..........................  39 deg.41.3' N.      71 deg.55.0' W.
   41..........................  39 deg.39.0' N.      71 deg.55.6' W.

[[Page 750]]

 
   42..........................  39 deg.36.72' N.     71 deg.58.25' W.
   43..........................  39 deg.35.15' N.     71 deg.58.55' W.
   44..........................  39 deg.34.5' N.      72 deg.00.75' W.
   45..........................  39 deg.32.2' N.      72 deg.02.25' W.
   46..........................  39 deg.32.15' N.     72 deg.04.1' W.
   47..........................  39 deg.28.5' N.      72 deg.06.5' W.
   48..........................  39 deg.29.0' N.      72 deg.09.25' W.
to 70
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From November 27 through 
June 15, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area II, unless transiting. Vessels may transit this area, provided 
that all mobile gear is on board the vessel while inside the area, and 
stowed and not available for immediate use as defined in Sec. 648.2.
    (ii) Lobster pot gear. From June 16 through November 26, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area II.
    (l) Restricted Gear Area III. (1) Restricted Gear Area III is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 49
   182.........................  40 deg.05.6' N.      70 deg.17.7' W.
   183.........................  40 deg.06.5' N.      70 deg.40.05' W.
   184.........................  40 deg.11.05' N.     70 deg.45.8' W.
   185.........................  40 deg.12.75' N.     70 deg.55.05' W.
   186.........................  40 deg.10.7' N.      71 deg.10.25' W.
   187.........................  39 deg.57.9' N.      71 deg.28.7' W.
   188.........................  39 deg.55.6' N.      71 deg.41.2' W.
   189.........................  39 deg.55.85' N.     71 deg.45.0' W.
   190.........................  39 deg.53.75' N.     71 deg.52.25' W.
   191.........................  39 deg.47.2' N.      72 deg.01.6' W.
   192.........................  39 deg.33.65' N.     72 deg.15.0' W.
to 70
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
   49..........................  40 deg.02.75' N.     70 deg.16.1' W.
   50..........................  40 deg.00.7' N.      70 deg.18.6' W.
   51..........................  39 deg.59.8' N.      70 deg.21.75' W.
   52..........................  39 deg.59.75' N.     70 deg.25.5' W.
   53..........................  40 deg.03.85' N.     70 deg.28.75' W.
   54..........................  40 deg.00.55' N.     70 deg.32.1' W.
   55..........................  39 deg.59.15' N.     70 deg.34.45' W.
   56..........................  39 deg.58.9' N.      70 deg.38.65' W.
   57..........................  40 deg.00.1' N.      70 deg.45.1' W.
   58..........................  40 deg.00.5' N.      70 deg.57.6' W.
   59..........................  40 deg.02.0' N.      71 deg.01.3' W.
   60..........................  39 deg.59.3' N.      71 deg.18.4' W.
   61..........................  40 deg.00.7' N.      71 deg.19.8' W.
   62..........................  39 deg.57.5' N.      71 deg.20.6' W.
   63..........................  39 deg.53.1' N.      71 deg.36.1' W.
   64..........................  39 deg.52.6' N.      71 deg.40.35' W.
   65..........................  39 deg.53.1' N.      71 deg.42.7' W.
   66..........................  39 deg.46.95' N.     71 deg.49.0' W.
   67..........................  39 deg.41.15' N.     71 deg.57.1' W.
   68..........................  39 deg.35.45' N.     72 deg.02.0' W.
   69..........................  39 deg.32.65' N.     72 deg.06.1' W.
   70..........................  39 deg.29.75' N.     72 deg.09.8' W.
to 192
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
November 26, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area III, unless transiting. Vessels may transit this area provided 
that all mobile gear is on board the vessel while inside the area, and 
is stowed and not available for immediate use as defined in Sec. 648.2.
    (ii) Lobster pot gear. From January 1 through April 30, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area III.
    (m) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
193............................  40 deg.13.60' N.     68 deg.40.60' W.
  194..........................  40 deg.11.60' N.     68 deg.53.00' W.
  195..........................  40 deg.14.00' N.     69 deg.04.70' W.
  196..........................  40 deg.14.30' N.     69 deg.05.80' W.
  197..........................  40 deg.05.50' N.     69 deg.09.00' W.
  198..........................  39 deg.57.30' N.     69 deg.25.10' W.
  199..........................  40 deg.00.40' N.     69 deg.35.20' W.
  200..........................  40 deg.01.70' N.     69 deg.35.40' W.
  201..........................  40 deg.01.70' N.     69 deg.37.40' W.
  202..........................  40 deg.00.50' N.     69 deg.38.80' W.
  203..........................  40 deg.01.30' N.     69 deg.45.00' W.
  204..........................  40 deg.02.10' N.     69 deg.45.00' W.
  205..........................  40 deg.07.60' N.     70 deg.04.50' W.
  206..........................  40 deg.07.80' N.     70 deg.09.20' W.
to 119
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
  69...........................  40 deg.07.90' N.     68 deg.36.00' W.
  70...........................  40 deg.07.20' N.     68 deg.38.40' W.
  71...........................  40 deg.06.90' N.     68 deg.46.50' W.
  72...........................  40 deg.08.70' N.     68 deg.49.60' W.
  73...........................  40 deg.08.10' N.     68 deg.51.00' W.
  74...........................  40 deg.05.70' N.     68 deg.52.40' W.
  75...........................  40 deg.03.60' N.     68 deg.57.20' W.
  76...........................  40 deg.03.65' N.     69 deg.00.00' W.
  77...........................  40 deg.04.35' N.     69 deg.00.50' W.
  78...........................  40 deg.05.20' N.     69 deg.00.50' W.
  79...........................  40 deg.05.30' N.     69 deg.01.10' W.
  80...........................  40 deg.08.90' N.     69 deg.01.75' W.
  81...........................  40 deg.11.00' N.     69 deg.03.80' W.
  82...........................  40 deg.11.60' N.     69 deg.05.40' W.

[[Page 751]]

 
  83...........................  40 deg.10.25' N.     69 deg.04.40' W.
  84...........................  40 deg.09.75' N.     69 deg.04.15' W.
  85...........................  40 deg.08.45' N.     69 deg.03.60' W.
  86...........................  40 deg.05.65' N.     69 deg.03.55' W.
  87...........................  40 deg.04.10' N.     69 deg.03.90' W.
  88...........................  40 deg.02.65' N.     69 deg.05.60' W.
  89...........................  40 deg.02.00' N.     69 deg.08.35' W.
  90...........................  40 deg.02.65' N.     69 deg.11.15' W.
  91...........................  40 deg.00.05' N.     69 deg.14.60' W.
  92...........................  39 deg.57.8' N.      69 deg.20.35' W.
  93...........................  39 deg.56.75' N.     69 deg.24.40' W.
  94...........................  39 deg.56.50' N.     69 deg.26.35' W.
  95...........................  39 deg.56.80' N.     69 deg.34.10' W.
  96...........................  39 deg.57.85' N.     69 deg.35.05' W.
  97...........................  40 deg.00.65' N.     69 deg.36.50' W.
  98...........................  40 deg.00.90' N.     69 deg.37.30' W.
  99...........................  39 deg.59.15' N.     69 deg.37.30' W.
  100..........................  39 deg.58.80' N.     69 deg.38.45' W.
  102..........................  39 deg.56.20' N.     69 deg.40.20' W.
  103..........................  39 deg.55.75' N.     69 deg.41.40' W.
  104..........................  39 deg.56.70' N.     69 deg.53.60' W.
  105..........................  39 deg.57.55' N.     69 deg.54.05' W.
  106..........................  39 deg.57.40' N.     69 deg.55.90' W.
  107..........................  39 deg.56.90' N.     69 deg.57.45' W.
  108..........................  39 deg.58.25' N.     70 deg.03.00' W.
  110..........................  39 deg.59.20' N.     70 deg.04.90' W.
  111..........................  40 deg.00.70' N.     70 deg.08.70' W.
  112..........................  40 deg.03.75' N.     70 deg.10.15' W.
  115..........................  40 deg.05.20' N.     70 deg.10.90' W.
  116..........................  40 deg.02.45' N.     70 deg.14.1' W.
  119..........................  40 deg.02.75' N.     70 deg.16.1' W.
to 206
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
September 30, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard may fish or be in Restricted Gear 
Area IV, unless transiting. Vessels may transit this area, provided that 
all mobile gear is on board the vessel while inside the area, and is 
stowed and not available for immediate use as defined in Sec. 648.2.
    (ii) [Reserved]
    (n) GOM Cod Spawning Protection Area. (1) Except as specified in 
paragraph (n)(2) of this section, from April through June of each year, 
no fishing vessel or person on a fishing vessel may enter, fish in, or 
be in; and no fishing gear capable of catching NE multispecies may be 
used on, or be on board, a vessel in the GOM Cod Spawning Protection 
Area, as defined by straight lines connecting the following points in 
the order stated (a chart depicting this area is available from the RA 
upon request):

                    GOM Cod Spawning Protection Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CSPA1..........................  42 deg.50.95'        70 deg.32.22'
CSPA2..........................  42 deg.47.65'        70 deg.35.64'
CSPA3..........................  42 deg.54.91'        70 deg.41.88'
CSPA4..........................  42 deg.58.27'        70 deg.38.64'
CSPA1..........................  42 deg.50.95'        70 deg.32.22'
------------------------------------------------------------------------

    (2) Paragraph (n)(1) of this section does not apply to persons on a 
fishing vessel or fishing vessels:
    (i) That have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, excluding pelagic gillnet gear capable of catching NE 
multispecies, except for vessels fishing with a single pelagic gillnet 
not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, 
with a maximum mesh size of 3 inches (7.6 cm), provided:
    (A) The net is attached to the vessel and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the vessel owner's name and vessel 
identification number;
    (C) There is no retention of regulated species or ocean pout; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are fishing as a charter/party or recreational fishing 
vessel, provided that:
    (A) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter, or sale, regardless 
where the species are caught;
    (B) The vessel has no gear other than pelagic hook and line gear, as 
defined in this part, on board unless that gear is properly stowed and 
not available for immediate use as defined in Sec. 648.2; and
    (C) There is no retention of regulated species, or ocean pout; and
    (iv) That are transiting pursuant to paragraph (i) of this section.

[69 FR 22964, Apr. 27, 2004]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
648.81, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 752]]



Sec. 648.82  Effort-control program for NE multispecies limited 
access vessels.

    (a) Except as provided in Sec. Sec. 648.17 and 648.82(a)(2), a 
vessel issued a limited access NE multispecies permit may not fish for, 
possess, or land regulated species, except during a DAS, as allocated 
under, and in accordance with, the applicable DAS program described in 
this section, unless otherwise provided elsewhere in this part.
    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History, as described in Sec. 
648.4(a)(1)(i)(J), for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
April of any year may carry over a maximum of 10 DAS into the next year. 
Unused leased DAS may not be carried over. Vessels that have been 
sanctioned through enforcement proceedings will be credited with unused 
DAS based on their DAS allocation minus any total DAS that have been 
sanctioned through enforcement proceedings. For the 2004 fishing year 
only, DAS carried over from the 2003 fishing year will be classified as 
Regular B DAS, as specified under paragraph (d)(2) of this section. 
Beginning with the 2005 fishing year, for vessels with a balance of both 
unused Category A DAS and unused Category B DAS at the end of the 
previous fishing year (e.g., for the 2005 fishing year, carry-over DAS 
from the 2004 fishing year), Category A DAS will be carried over first, 
than Regular B DAS, than Reserve B DAS. Category C DAS cannot be carried 
over.
    (2) Notwithstanding any other provision of this part, any vessel 
issued a NE multispecies limited access permit may not call into the DAS 
program and fish under a DAS, fish on a sector trip, or fish under the 
provisions of a limited access Small Vessel Category or Handgear A 
permits pursuant to paragraphs (b)(5) and (6) of this section, 
respectively, if such vessel carries passengers for hire for any portion 
of a fishing trip.
    (b) Permit categories. All limited access NE multispecies permit 
holders shall be assigned to one of the following permit categories, 
according to the criteria specified. Permit holders may request a change 
in permit category, as specified in Sec. 648.4(a)(1)(i)(I)(2). Each 
fishing year shall begin on May 1 and extend through April 30 of the 
following year. Beginning May 1, 2004, with the exception of the limited 
access Small Vessel and Handgear A vessel categories described in 
paragraphs (b)(5) and (6) of this section, respectively, NE multispecies 
DAS available for use will be calculated pursuant to paragraphs (c) and 
(d) of this section.
    (1) Individual DAS category. This category is for vessels allocated 
individual DAS that are not fishing under the Hook Gear, Combination, or 
Large-mesh individual categories. Beginning May 1, 2004, for a vessel 
fishing under the Individual DAS category, the baseline for determining 
the number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(1) of this section. The number and categories 
of DAS that are allocated for use in a given fishing year are specified 
in paragraph (d) of this section.
    (2) Hook Gear category. To be eligible for a Hook Gear category 
permit, the vessel must have been issued a limited access multispecies 
permit for the preceding year, be replacing a vessel that was issued a 
Hook Gear category permit for the preceding year, or be replacing a 
vessel that was issued a Hook Gear category permit that was issued a 
Confirmation of Permit History. Beginning May 1, 2004, for a vessel 
fishing under the Hook Gear category, the baseline for determining the 
number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(1) of this section. The number and categories 
of DAS that are allocated for use in a given fishing year are specified 
in paragraph (d) of this section. A vessel fishing under this category 
in the DAS program must meet or comply with the gear restrictions 
specified under Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v) and 
(c)(2)(iv) when fishing in the respective regulated mesh areas.
    (3) Combination vessel category. To be eligible for a Combination 
vessel category permit, a vessel must have been issued a Combination 
vessel category

[[Page 753]]

permit for the preceding year, be replacing a vessel that was issued a 
Combination vessel category permit for the preceding year, or be 
replacing a vessel that was issued a Combination vessel category permit 
that was also issued a Confirmation of Permit History. Beginning May 1, 
2004, for a vessel fishing under the Combination vessel category, the 
baseline for determining the number of NE multispecies DAS available for 
use shall be calculated based upon the fishing history associated with 
the vessel's permit, as specified in paragraph (c)(1) of this section. 
The number and categories of DAS that are allocated for use in a given 
fishing year are specified in paragraph (d) of this section.
    (4) Large Mesh Individual DAS category. This category is for vessels 
allocated individual DAS that area not fishing under the Hook Gear, 
Combination, or Individual DAS categories. Beginning May 1, 2004, for a 
vessel fishing under the Large Mesh Individual DAS category, the 
baseline for determining the number of NE multispecies DAS available for 
use shall be calculated based upon the fishing history associated with 
the vessel's permit, as specified in paragraph (c)(1) of this section. 
The number and categories of DAS that are allocated for use in a given 
fishing year are specified in paragraph (d) of this section. The number 
of Category A DAS shall be increased by 36 percent. To be eligible to 
fish under the Large Mesh Individual DAS category, a vessel, while 
fishing under this category, must fish under the specific regulated mesh 
area minimum mesh size restrictions, as specified in Sec. 
648.80(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), and (c)(2)(ii).
    (5) Small Vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the Small Vessel category may retain up to 
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, 
and one Atlantic halibut per trip, without being subject to DAS 
restrictions, provided the vessel does not exceed the yellowtail 
flounder possession restrictions specified at Sec. 648.86(g). Such a 
vessel is subject to the possession limits specified for other regulated 
species and ocean pout, as specified at Sec. 648.86. Any vessel may 
elect to switch into the Small Vessel category, as provided in Sec. 
648.4(a)(1)(i)(I)(2), if the vessel meets or complies with the 
following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall, as 
determined by measuring along a horizontal line drawn from a 
perpendicular raised from the outside of the most forward portion of the 
stem of the vessel to a perpendicular raised from the after most portion 
of the stern.
    (B) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the length overall 
divided by the beam is not less than 2.5.
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length overall, the measurement of length 
must be verified in writing by a qualified marine surveyor, or the 
builder, based on the vessel's construction plans, or by other means 
determined acceptable by the Regional Administrator. A copy of the 
verification must accompany an application for a NE multispecies permit.
    (D) Adjustments to the Small Vessel category requirements, including 
changes to the length requirement, if required to meet fishing mortality 
goals, may be made by the Regional Administrator following framework 
procedures of Sec. 648.90.
    (ii) [Reserved]
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec. 648.4(a)(1)(i)(A), 
may retain, per trip, up to 300 lb (135 kg) of cod, one Atlantic 
halibut, and the daily possession limit for other regulated species and 
ocean pout, as specified under Sec. 648.86. If either the GOM or GB cod 
trip limit applicable to a vessel fishing under a NE multispecies DAS 
permit, as specified in Sec. 648.86(b)(1) and (2), respectively, is 
reduced below 300 lb (135 kg) per DAS by NMFS, the cod trip limit 
specified in this paragraph (b)(6) shall be adjusted to be the same as 
the applicable cod trip limit specified for NE multispecies DAS permits. 
For example, if the GOM cod trip limit for NE multispecies DAS vessels 
was reduced to 250 lb (113.4 kg) per DAS, then the cod trip

[[Page 754]]

limit for a vessel issued a Handgear A category permit that is fishing 
in the GOM Regulated Mesh Area would also be reduced to 250 lb (113.4 
kg). Qualified vessels electing to fish under the Handgear A category 
are subject to the following restrictions:
    (i) The vessel must not use or possess on board gear other than 
handgear while in possession of, fishing for, or landing NE 
multispecies, and must have at least one standard tote on board.
    (ii) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (iii) Tub-trawls must be hand-hauled only, with a maximum of 250 
hooks.
    (iv) Declaration. For any such vessel that is not required to use 
VMS pursuant to Sec. 648.10(b)(4), to fish for GB cod south of the GOM 
Regulated Mesh Area, as defined at Sec. 648.80(a)(1), a vessel owner or 
operator must obtain, and retain on board, a letter of authorization 
from the Regional Administrator stating an intent to fish south of the 
GOM Regulated Mesh Area and may not fish in any other area for a minimum 
of 7 consecutive days from the effective date of the letter of 
authorization. For any such vessel that is required, or elects, to use 
VMS pursuant to Sec. 648.10(b)(4), to fish for GB cod south of the GOM 
Regulated Mesh Area, as defined at Sec. 648.80(a)(1), a vessel owner or 
operator must declare an intent to fish south of the GOM Regulated Mesh 
Area on each trip through the VMS prior to leaving port, in accordance 
with instructions provided by the Regional Administrator. Such vessels 
may transit the GOM Regulated Mesh Area, as defined at Sec. 
648.80(a)(1), provided that their gear is stowed and not available for 
immediate use as defined in Sec. 648.2.
    (c) Used DAS baseline--(1) Calculation of used DAS baseline. For all 
valid limited access NE multispecies DAS vessels, vessels issued a valid 
small vessel category permit, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, a vessel's used DAS 
baseline shall be based on the fishing history associated with its 
permit and shall be determined by the highest number of reported DAS 
fished during a single qualifying fishing year, as specified in 
paragraphs (c)(1)(i) through (iv) of this section, during the 6-year 
period from May 1, 1996, through April 30, 2002, not to exceed the 
vessel's annual allocation prior to August 1, 2002. A qualifying year is 
one in which a vessel landed 5,000 lb (2,268 kg) or more of regulated 
multispecies, based upon landings reported through dealer reports (based 
on live weights of landings submitted to NMFS prior to April 30, 2003). 
If a vessel that was originally issued a limited access NE multispecies 
permit was lawfully replaced in accordance with the replacement 
restrictions specified in Sec. 648.4(a), then the used DAS baseline 
shall be defined based upon the DAS used by the original vessel and by 
subsequent vessel(s) associated with the permit during the qualification 
period specified in this paragraph (c)(1). The used DAS baseline shall 
be used to calculate the number and category of DAS that are allocated 
for use in a given fishing year, as specified in paragraph (d) of this 
section.
    (i) Except as provided in paragraphs (c)(1)(ii) through (iv) of this 
section, the vessel's used DAS baseline shall be determined by 
calculating DAS use reported under the DAS notification requirements in 
Sec. 648.10.
    (ii) For a vessel exempt from, or not subject to, the DAS 
notification system specified in Sec. 648.10 during the period May 1996 
through June 1996, the vessel's used DAS baseline for that period will 
be determined by calculating DAS use from vessel trip reports submitted 
to NMFS prior to April 9, 2003.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in paragraph (b)(4) of this section, the calculation of the 
vessel's used DAS baseline may not include any DAS allocated or used by 
the vessel pursuant to the provisions of the Large Mesh DAS category.
    (2) [Reserved]
    (d) DAS categories and allocations. For all valid limited access NE 
multispecies DAS permits, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, DAS shall be allocated 
and available for use for a given fishing year according to the 
following DAS Categories (unless otherwise specified, ``NE multispecies

[[Page 755]]

DAS'' refers to any authorized category of DAS):
    (1) Category A DAS. Calculation of Category A DAS for each fishing 
year is specified in paragraphs (d)(1)(i) through (iv) of this section. 
An additional 36 percent of Category A DAS will be added and available 
for use for participants in the Large Mesh Individual DAS permit 
category, as described in paragraph (b)(4) of this section, provided the 
participants comply with the applicable gear restrictions. Category A 
DAS may be used in the NE multispecies fishery to harvest and land 
stocks of regulated species or ocean pout, in accordance with all of the 
conditions and restrictions of this part.
    (i) For the 2004 and 2005 fishing years, Category A DAS are defined 
as 60 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.
    (ii) For the 2006 through 2008 fishing years, Category A DAS are 
defined as 55 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.
    (iii) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Category A DAS are defined as 45 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (iv) Starting in fishing year 2010 (beginning May 1, 2010), Category 
A DAS are defined as follows:
    (A) For a vessel fishing under the provisions of the common pool, as 
defined in this part, Category A DAS are defined as 27.5 percent of the 
vessel's used DAS baseline specified in paragraph (c)(1) of this 
section, unless otherwise revised pursuant to paragraph (n)(1) of this 
section, or reduced pursuant to Sec. 648.87(b)(1)(iii).
    (B) For a sector vessel, Category A DAS allocated for use when 
fishing in other fisheries that require the concurrent use of a NE 
multispecies DAS are defined as 45 percent of the vessel's used DAS 
baseline specified in paragraph
    (2) Category B DAS. Category B DAS are divided into Regular B DAS 
and Reserve B DAS. Calculation of Category B DAS for each fishing year, 
and restrictions on use of Category B DAS, are specified in paragraphs 
(d)(2)(i) and (ii) of this section.
    (i) Regular B DAS--(A) Restrictions on use. Regular B DAS can only 
be used by NE multispecies vessels in an approved SAP or in the Regular 
B DAS Program as specified in Sec. 648.85(b)(6). Unless otherwise 
restricted under the Regular B DAS Program as described in Sec. 
648.85(b)(6)(i), vessels may fish under both a Regular B DAS and a 
Reserve B DAS on the same trip (i.e., when fishing in an approved SAP as 
described in Sec. 648.85(b)). Vessels that are required by the Monkfish 
Fishery Management Plan to utilize a NE multispecies DAS, as specified 
under Sec. 648.92(b)(2), may not elect to use a NE multispecies 
Category B DAS to satisfy that requirement.
    (B) Calculation. Regular B DAS are calculated as follows:
    (1) For the 2004 and 2005 fishing years, Regular B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Regular B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Regular B DAS are defined as 27.5 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (4) Starting in fishing year 2010 (beginning May 1, 2010), Regular B 
DAS are defined as follows:
    (i) For a common pool vessel, Regular B DAS are defined as 36.25 
percent of the vessel's used DAS baseline specified in paragraph (c)(1) 
of this section, unless otherwise revised pursuant to paragraph (n)(1) 
of this section.
    (ii) For a sector vessel, Regular B DAS are defined as 27.5 percent 
of the vessel's used DAS baseline specified in paragraph (c)(1) of this 
section.
    (ii) Reserve B DAS--(A) Restrictions on use. Reserve B DAS can only 
be used in an approved SAP, as specified in Sec. 648.85.
    (B) Calculation. Reserve B DAS are calculated as follows:

[[Page 756]]

    (1) For the 2004 and 2005 fishing years, Reserve B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Reserve B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Reserve B DAS are defined as 27.5 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (4) Starting in fishing year 2010 (beginning May 1, 2010), Reserve B 
DAS are defined as follows:
    (i) For a common pool vessel, Reserve B DAS are defined as 36.25 
percent of the vessel's used DAS baseline specified in paragraph (c)(1) 
of this section, unless otherwise revised pursuant to paragraph (n)(1) 
of this section.
    (ii) For a sector vessel, Reserve B DAS are defined as 27.5 percent 
of the vessel's used DAS baseline specified in paragraph (c)(1) of this 
section.
    (3) Category C DAS--(i) Restriction on use. Category C DAS are 
reserved and may not be fished.
    (ii) Calculation. Category C DAS are defined as the difference 
between a vessel's used DAS baseline, as described in paragraph (c)(1) 
of this section, and the number of DAS allocated to the vessel as of May 
1, 2001.
    (e) Accrual of DAS. (1) When a vessel is participating in the NE 
multispecies DAS program, as required by the regulations in this part, 
NE multispecies DAS shall accrue as specified in paragraphs (e)(1)(i) 
and (ii) of this section and shall be based upon the time called, or 
logged into the DAS program, consistent with the DAS notification 
requirements specified in Sec. 648.10. For the purpose of calculating 
trip limits specified in this part, the amount of DAS deducted from a 
vessel's DAS allocation shall determine the amount of fish the vessel 
can land legally.
    (i) Common pool vessels. For a common pool vessel, Category A DAS 
shall accrue in 24-hr increments, unless otherwise required under 
paragraphs (n) or (o) of this section. For example, a vessel that fished 
from 6 a.m. to 10 p.m. would be charged 24 hr of Category A DAS, not 16 
hr; a vessel that fished for 25 hr would be charged 48 hr of Category A 
instead of 25 hr.
    (ii) [Reserved]
    (2) [Reserved]
    (3) Regular B DAS Program 24-hr clock. For a vessel electing to fish 
in the Regular B DAS Program, as specified at Sec. 648.85(b)(6), that 
remains fishing under a Regular B DAS for the entire fishing trip 
(without a DAS flip), DAS shall accrue at the rate of 1 full DAS for 
each calendar day, or part of a calendar day fished. For example, a 
vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. would be 
charged 24 hr of Regular B DAS, not 16 hr; a vessel that left on a trip 
at 11 p.m. on the first calendar day and returned at 10 p.m. on the 
second calendar day would be charged 48 hr of Regular B DAS instead of 
23 hr, because the fishing trip would have spanned 2 calendar days. For 
the purpose of calculating trip limits specified under Sec. 648.86, the 
amount of DAS deducted from a vessel's DAS allocation shall determine 
the amount of fish the vessel can land legally. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6), 
while also fishing in an area subject to differential DAS counting 
pursuant to paragraph (n)(1)(i) of this section, Category B DAS shall 
accrue at the rate described in this paragraph (e)(3), unless the vessel 
flips to a Category A DAS, in which case the vessel is subject to the 
pertinent DAS accrual restrictions of paragraph (n)(1) of this section 
for the entire trip. For vessels electing to fish in both the Regular B 
DAS Program, as specified in Sec. 648.85(b)(8), and in the Eastern 
U.S./Canada Area, as specified in Sec. 648.85(a), DAS counting will 
begin and end according to the DAS rules specified in Sec. 
648.10(e)(5)(iv).
    (f) DAS credits--(1) Good Samaritan credit. A limited access vessel 
fishing under the DAS program and that spends time at sea assisting in a 
USCG search and rescue operation or assisting the USCG in towing a 
disabled vessel, and that can document the occurrence through the USCG, 
shall not accrue DAS for the time documented.
    (2) Canceled trip DAS credit. A limited access vessel operating 
under the DAS

[[Page 757]]

program and that ends a fishing trip prior to setting and/or hauling 
fishing gear for any reason may request a cancelled trip DAS credit for 
the trip based on the following conditions and requirements:
    (i) There is no fish onboard the vessel and no fishing operations on 
the vessel were initiated, including setting and/or hauling fishing 
gear; and
    (ii) The owner or operator of the vessel fishing under a DAS program 
and required to use a VMS as specified under Sec. 648.10(b) makes an 
initial trip cancelation notification from sea, at the time the trip was 
canceled, or at the earliest opportunity prior to crossing the 
demarcation line as defined at Sec. 648.10(a). These reports are in the 
form of an email to NMFS Office of Law Enforcement and include at least 
the following information: Operator name; vessel name; vessel permit 
number; port where vessel will return; date trip started; estimated 
date/time of return to port; and a statement from the operator must that 
no fish were onboard and no fishing activity occurred; and
    (iii) The owner or operator of the vessel operating under the DAS 
program required to use the IVR call in as specified under Sec. 
648.10(h) makes an initial trip cancelation notification to NMFS by 
calling the IVR back at the time the trip was canceled, or at the 
earliest opportunity prior to returning to port. This request must 
include at least the following information: Operator name; vessel name; 
vessel permit number; port where vessel will return; date trip started; 
estimated date/time of return to port; and a statement from the operator 
that no fish were onboard and no fishing activity occurred; and
    (iv) The owner or operator of the vessel requesting a canceled trip 
DAS credit, in addition to the requirements in paragraphs (f)(2)(ii) and 
(iii) of this section, submits a written DAS credit request form to NMFS 
within 30 days of the vessel's return to port from the canceled trip. 
This application must include at least the following information: Date 
and time when the vessel canceled the fishing trip; date and time of 
trip departure and landing; operator name; owner/corporation name; 
permit number; hull identification number; vessel name; date and time 
notification requirements specified under paragraphs (f)(2)(ii) and 
(iii) of this section were made; reason for canceling the trip; and 
owner/operator signature and date; and
    (v) The vessel trip report for the canceled trip as required under 
Sec. 648.7(b) is submitted along with the DAS credit request form; and
    (vi) For DAS credits that are requested near the end of the fishing 
year as defined at Sec. 648.2, and approved by the Regional 
Administrator, the credited DAS apply to the fishing year in which the 
canceled trip occurred. Credited DAS that remain unused at the end of 
the fishing year or are not credited until the following fishing year 
may be carried over into the next fishing year, not to exceed the 
maximum number of carryover DAS as specified under paragraph (a)(1) of 
this section.
    (3) DAS credit for standing by entangled whales. A limited access 
vessel fishing under the DAS program that reports and stands by an 
entangled whale may request a DAS credit for the time spent standing by 
the whale. The following conditions and requirements must be met to 
receive this credit:
    (i) At the time the vessel begins standing by the entangled whale, 
the vessel operator must notify the USCG and the Center for Coastal 
Studies, or another organization authorized by the Regional 
Administrator, of the location of the entangled whale and that the 
vessel is going to stand by the entangled whale until the arrival of an 
authorized response team;
    (ii) Only one vessel at a time may receive credit for standing by an 
entangled whale. A vessel standing by an entangled whale may transfer 
its stand-by status to another vessel while waiting for an authorized 
response team to arrive, provided it notifies the USCG and the Center 
for Coastal Studies, or another organization authorized by the Regional 
Administrator, of the transfer. The vessel to which stand-by status is 
transferred must also notify the USCG and the Center for Coastal Studies 
or another organization authorized by the Regional Administrator of this 
transfer and comply with the conditions and restrictions of this part;

[[Page 758]]

    (iii) The stand-by vessel must be available to answer questions on 
the condition of the animal, possible species identification, severity 
of entanglement, etc., and take photographs of the whale, if possible, 
regardless of the species of whale or whether the whale is alive or 
dead, during its stand-by status and after terminating its stand-by 
status. The stand-by vessel must remain on scene until the USCG or an 
authorized response team arrives, or the vessel is informed that an 
authorized response team will not arrive. If the vessel receives notice 
that a response team is not available, the vessel may discontinue 
standing-by the entangled whale and continue fishing operations; and
    (iv) To receive credit for standing by an entangled whale, a vessel 
must submit a written request to the Regional Administrator. This 
request must include at least the following information: Date and time 
when the vessel began its stand-by status; date of first communication 
with the USCG; and date and time when the vessel terminated its stand-by 
status. DAS credit shall not be granted for the time a vessel fishes 
when standing by an entangled whale. Upon a review of the request, NMFS 
shall consider granting the DAS credit based on information available at 
the time of the request, regardless of whether an authorized response 
team arrives on scene or a rescue is attempted. NMFS shall notify the 
permit holder of any DAS adjustment that is made or explain the reasons 
why an adjustment will not be made.
    (g) Spawning season restrictions. A vessel issued a valid Small 
Vessel or Handgear A category permit specified in paragraphs (b)(5) or 
(b)(6) of this section, respectively, or a vessel issued an open access 
Handgear B permit, as specified in Sec. 648.88(a), may not fish for, 
possess, or land regulated species or ocean pout from March 1 through 
March 20 of each year. A common pool vessel must declare out and be out 
of the NE multispecies DAS program, and a sector must declare that the 
vessel will not fish with gear capable of catching NE multispecies 
(i.e., gear that is not defined as exempted gear under this part), for a 
20-day period between March 1 and May 31 of each calendar year, using 
the notification requirements specified in Sec. 648.10. A vessel 
fishing under a Day gillnet category designation is prohibited from 
fishing with gillnet gear capable of catching NE multispecies during its 
declared 20-day spawning block, unless the vessel is fishing in an 
exempted fishery, as described in Sec. 648.80. If a vessel owner has 
not declared and been out of the fishery for a 20-day period between 
March 1 and May 31 of each calendar year on or before May 12 of each 
year, the vessel is prohibited from fishing for, possessing or landing 
any regulated species, ocean pout, or non-exempt species during the 
period May 12 through May 31, inclusive.
    (h) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program; declaration of its 120 days 
out of the non-exempt gillnet fishery, if designated as a Day gillnet 
category vessel, as specified in paragraph (j) of this section; and 
declaration of its 20-day period out of the NE multispecies DAS program, 
or, for a sector vessel that the vessel will not fish with gear capable 
of catching NE multispecies, using the notification requirements 
specified in Sec. 648.10.
    (i) [Reserved]
    (j) Gillnet restrictions. A vessel issued a limited access NE 
multispecies permit may fish under a NE multispecies DAS, under the 
provisions of the small vessel permit category, or on a sector trip with 
gillnet gear, provided the owner of the vessel obtains an annual 
designation as either a Day or Trip gillnet vessel, as described in 
Sec. 648.4(c)(2)(iii), and provided the vessel complies with the 
gillnet vessel gear requirements and restrictions specified in Sec. 
648.80.
    (1) Day gillnet vessels. Unless otherwise exempted in this part, a 
Day gillnet vessel fishing with gillnet gear under a NE multispecies 
DAS, the provisions of a small vessel permit category, or on a sector 
trip is not required to remove gear from the water upon returning to the 
dock and calling out of the DAS program, as appropriate, provided the 
vessel complies

[[Page 759]]

with the restrictions specified in paragraphs (j)(1)(i) through (iii) of 
this section. Vessels electing to fish under the Day gillnet designation 
must have on board written confirmation, issued by the Regional 
Administrator, that the vessel is a Day gillnet vessel.
    (i) Removal of gear. All gillnet gear must be brought to port prior 
to the vessel fishing in an exempted fishery.
    (ii) Declaration of time out of the gillnet fishery. (A) During each 
fishing year, a Day gillnet vessel must declare, and take, a total of 
120 days out of the non-exempt gillnet fishery. Each period of time 
declared and taken must be a minimum of 7 consecutive days. At least 21 
days of this time must be taken between June 1 and September 30 of each 
fishing year. The spawning season time out period required by paragraph 
(g) of this section shall be credited toward the 120 days time out of 
the non-exempt gillnet fishery. If a vessel owner has not declared and 
taken any or all of the remaining periods of time required to be out of 
the fishery by the last possible date to meet these requirements, the 
vessel is prohibited from fishing for, possessing, or landing regulated 
multispecies, ocean pout, or non-exempt species harvested with gillnet 
gear and from having gillnet gear on board the vessel that is not stowed 
and not available for immediate use as defined in Sec. 648.2 while 
fishing under a NE multispecies DAS, the provisions of the small vessel 
category permit, or on a sector trip from that date through the end of 
the period between June 1 and September 30, or through the end of the 
fishing year, as applicable, unless otherwise exempt pursuant to Sec. 
648.87.
    (B) Any such vessel shall declare its required time periods through 
the notification procedures specified in Sec. 648.10(j)(2).
    (C) During each period of time declared out, any such vessel is 
prohibited from fishing with non-exempted gillnet gear and must remove 
such gear from the water. However, the vessel may fish in an exempted 
fishery, as described in Sec. 648.80, or it may fish under a NE 
multispecies DAS, under the provisions of the small vessel category 
permit, or on a sector trip, provided it fishes with gear other than 
non-exempted gillnet gear.
    (iii) Method of counting DAS. A Day gillnet vessel fishing with 
gillnet gear under a NE multispecies DAS shall accrue DAS as follows:
    (A) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec. 
648.85(b)(6), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(1)(i) of this section.
    (B) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS shall accrue DAS as follows:
    (1) A Day gillnet vessel on a common pool trip is subject to the DAS 
accrual provisions of paragraph (e)(1)(i) of this section.
    (2) A Day gillnet vessel on a sector trip is subject to the DAS 
accrual provisions of paragraph (e)(1)(ii) of this section.
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
under the provisions of the small vessel category permit, or on a sector 
trip, a Trip gillnet vessel is required to remove all gillnet gear from 
the water before returning to port upon the completion of a fishing trip 
and calling out of a NE multispecies DAS, as applicable, under Sec. 
648.10(e)(5) or (h)(5), respectively. When not fishing under a NE 
multispecies DAS, Trip gillnet vessels may fish in an exempted fishery 
with gillnet gear, as authorized by Sec. 648.80. Vessels electing to 
fish under the Trip gillnet designation must have on board written 
confirmation issued by the Regional Administrator that the vessel is a 
Trip gillnet vessel.
    (k) NE Multispecies DAS Leasing Program--(1) Program description. 
Eligible vessels, as specified in paragraph (k)(2) of this section, may 
lease Category A DAS to and from other eligible vessels, in accordance 
with the restrictions and conditions of this section. The Regional 
Administrator has final approval authority for all NE multispecies DAS 
leasing requests.
    (2) Eligible vessels. (i) A vessel issued a valid limited access NE 
multispecies permit is eligible to lease Category A DAS to or from 
another such vessel,

[[Page 760]]

subject to the conditions and requirements of this part, unless the 
vessel was issued a valid Small Vessel or Handgear A permit specified 
under paragraphs (b)(5) and (6) of this section, respectively.
    (ii) Subject to the conditions and requirements of this part, DAS 
associated with a confirmation of permit history may be leased to 
another vessel without placing the permit on an active vessel.
    (3) Application to lease NE multispecies DAS--(i) Application 
information requirements. An application to lease Category A DAS must 
contain the following information: Lessor's owner name, vessel name, 
permit number and official number or state registration number; Lessee's 
owner name, vessel name, permit number and official number or state 
registration number; number of NE multispecies DAS to be leased; total 
priced paid for leased DAS; signatures of Lessor and Lessee; and date 
form was completed. Information obtained from the lease application will 
be held confidential, according to applicable Federal law. Aggregate 
data may be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (k)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of receipt 
of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete or 
submitted past the March 1 deadline; the Lessor or Lessee has not been 
issued a valid limited access NE multispecies permit or is otherwise not 
eligible; the Lessor's or Lessee's DAS are under sanction pursuant to an 
enforcement proceeding; the Lessor's or Lessee's vessel is prohibited 
from fishing; the Lessor's or Lessee's limited access NE multispecies 
permit is sanctioned pursuant to an enforcement proceeding; the Lessor 
or Lessee vessel is determined not in compliance with the conditions, 
restrictions, and requirements of this part; or the Lessor has an 
insufficient number of allocated or unused DAS available to lease. Upon 
denial of an application to lease NE multispecies DAS, the Regional 
Administrator shall send a letter to the applicants describing the 
reason(s) for application rejection. The decision by the Regional 
Administrator is the final agency decision.
    (4) Conditions and restrictions on leased DAS--(i) Confirmation of 
permit history. Pursuant to paragraph (k)(2)(ii) of this section, DAS 
associated with a confirmation of permit history may be leased.
    (ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may 
not sub-lease DAS that have already been leased to another vessel. Any 
portion of a vessel's DAS may not be leased more than one time during a 
fishing year.
    (iii) Carry-over of leased DAS. Leased DAS that remain unused at the 
end of the fishing year may not be carried over to the subsequent 
fishing year by the Lessor or Lessee vessel.
    (iv) [Reserved]
    (v) History of leased DAS use. The history of leased DAS use shall 
be presumed to remain with the Lessor vessel. In the case of multiple 
leases to one vessel, the history of leased DAS use shall be presumed to 
remain with the Lessor in the order in which such leases were approved 
by NMFS. For the purpose of accounting for leased DAS use, leased DAS 
will be accounted for (subtracted from available DAS) prior to allocated 
DAS.
    (vi) Monkfish Category C, D, F, G and H vessels. A vessel that 
possesses a valid limited access NE multispecies DAS permit and a valid 
limited access monkfish Category C, D, F, G, or H permit and leases NE 
multispecies DAS to or from another vessel is subject to the 
restrictions specified in Sec. 648.92(b)(2).
    (vii) DAS Category restriction. A vessel may lease only Category A 
DAS, as described under paragraph (d)(1) of this section.
    (viii) Duration of lease. A vessel leasing DAS may only fish those 
leased DAS during the fishing year in which they were leased.
    (ix) Size restriction of Lessee vessel. A Lessor vessel only may 
lease DAS to a

[[Page 761]]

Lessee vessel with a baseline main engine horsepower rating that is no 
more than 20 percent greater than the baseline engine horsepower of the 
Lessor vessel. A Lessor vessel may only lease DAS to a Lessee vessel 
with a baseline length overall that is no more than 10 percent greater 
than the baseline length overall of the Lessor vessel. For the purposes 
of this program, the baseline horsepower and length overall 
specifications of vessels are those associated with the permit as of 
January 29, 2004, unless otherwise modified according to paragraph 
(k)(4)(xi) of this section.
    (x) Leasing by vessels fishing under a sector allocation. A sector 
vessel may not lease DAS to or from common pool vessels, but may lease 
DAS to or from another sector vessel during the fishing year in which 
the vessel is a member of a sector.
    (xi) One-time downgrade of DAS Leasing Program baseline. Unless 
otherwise specified in paragraph (k)(4)(xi)(B) and (C) of this section, 
for the purposes of determining eligibility for leasing DAS only, a 
vessel owner may elect to make a one-time downgrade to the vessel's DAS 
Leasing Program baseline length and horsepower as specified in paragraph 
(k)(4)(ix) of this section to match the length overall and horsepower 
specifications of the vessel that is currently issued the permit.
    (A) Application for a one-time DAS Leasing Program baseline 
downgrade. To downgrade the DAS Leasing Program baseline, eligible NE 
multispecies vessels must submit a completed application form obtained 
from the Regional Administrator. An application to downgrade a vessel's 
DAS Leasing Program baseline must contain at least the following 
information: Vessel owner's name, vessel name, permit number, official 
number or state registration number, current vessel length overall and 
horsepower specifications, an indication whether additional information 
is included to document the vessel's current specifications, and the 
signature of the vessel owner.
    (B) Applicability of the one-time DAS Leasing Program baseline 
downgrade. The downgraded DAS Leasing Program baseline may only be used 
to determine eligibility for the DAS Leasing Program and does not affect 
or change the baseline associated with the DAS Transfer Program 
specified in paragraph (l)(1)(ii) of this section, or the vessel 
replacement or upgrade restrictions specified at Sec. 648.4(a)(1)(i)(E) 
and (F), or any other provision.
    (C) Duration of the one-time DAS Leasing Program baseline downgrade. 
Unless otherwise specified in this paragraph (k)(4)(xi)(C) of this 
section, the downgraded DAS Leasing Program baseline remains in effect 
until the DAS Leasing Program expires or the permit is transferred to 
another vessel via a vessel replacement, or through a DAS transfer. With 
the exception of vessels combining DAS Leasing Program baselines from 
two different vessels through the DAS Transfer Program as outlined in 
paragraph (k)(4)(xi)(C)(2) of this section, once the DAS Leasing Program 
baseline is downgraded for a particular permit, no further downgrades 
may be authorized for that permit.
    (1) Vessel replacement. If the permit is transferred to another 
vessel via a vessel replacement, the DAS Leasing Program baseline 
reverts to the baseline horsepower and length overall specifications 
associated with the permit prior to the one-time downgrade.
    (2) DAS Transfer Program. For vessels involved in a DAS Transfer 
Program transaction as described in paragraph (l) of this section, if 
the transferee vessel baseline is adopted, consistent with the 
regulations under paragraph (l)(1)(ii) of this section, and the DAS 
Leasing Program baseline of the transferee vessel was previously 
downgraded, consistent with the regulations under this paragraph 
(k)(4)(xi), the downgraded DAS Leasing Program baseline specifications 
remain valid. For vessels involved in a DAS Transfer Program transaction 
where a combination of the transferor and transferee vessel baselines is 
adopted resulting in a new vessel baseline, any previous DAS Leasing 
Program baseline downgrade for either the transferor or transferee 
vessel will be voided and the transferee vessel would have an additional 
opportunity to downgrade its combined DAS Leasing Program baseline.

[[Page 762]]

    (l) DAS Transfer Program. Except for vessels fishing under a sector 
allocation as specified in Sec. 648.87, or a vessel that acted as a 
lessee or lessor in the DAS Leasing Program transaction, a vessel issued 
a valid limited access NE multispecies permit may transfer all of its NE 
multispecies DAS for an indefinite time to another vessel with a valid 
NE multispecies permit, in accordance with the conditions and 
restrictions described under this section. The Regional Administrator 
has final approval authority for all NE multispecies DAS transfer 
requests.
    (1) DAS transfer conditions and restrictions. (i) The transferor 
vessel must transfer all of its DAS. Upon approval of the DAS transfer, 
all history associated with the transferred NE multispecies DAS 
(moratorium right history, DAS use history, and catch history) shall be 
associated with the permit rights of the transferee. Neither the 
individual permit history elements, nor total history associated with 
the transferred DAS may be retained by the transferor.
    (ii) NE multispecies DAS may be transferred only to a vessel with a 
baseline main engine horsepower rating that is no more than 20 percent 
greater than the baseline engine horsepower of the transferor vessel. NE 
multispecies DAS may be transferred only to a vessel with a baseline 
length overall that is no more than 10 percent greater than the baseline 
length overall of the transferor vessel. For the purposes of this 
program, the baseline horsepower and length overall are those associated 
with the permit as of January 29, 2004. Upon approval of the transfer, 
the baseline of the transferee vessel would be the smaller baseline of 
the two vessels or the vessel owner could choose to adopt the larger 
baseline of the two vessels provided such an upgrade is consistent with 
provisions of this paragraph (l)(1)(ii). A vessel that has executed a 
one-time downgrade of a DAS Leasing Program baseline in accordance with 
paragraph (k)(4)(xi) of this section is subject to the restrictions of 
paragraph (k)(4)(xi)(C) of this section.
    (iii) The transferor vessel must transfer all of its Federal limited 
access permits for which it is eligible to the transferee vessel in 
accordance with the vessel replacement restrictions under Sec. 648.4, 
or permanently cancel such permits. When duplicate permits exist, i.e., 
those permits for which both the transferor and transferee vessel are 
eligible, one of the duplicate permits must be permanently cancelled.
    (iv) [Reserved]
    (v) In any particular fishing year, a vessel may not execute a DAS 
transfer as a transferor if it previously participated in the DAS 
Leasing Program as either a lessee or a lessor, as described under 
paragraph (k) of this section. A vessel may participate in DAS lease 
transaction (as a lessee or a lessor) and submit an application for a 
DAS transfer (as a transferor) during the same fishing year, but the 
transfer, if approved, would not be effective until the beginning of the 
following fishing year. Other combinations of activities under the DAS 
Leasing and DAS Transfer programs are permissible during the same 
fishing year (i.e., act as a transferee, or act as transferor and 
subsequently conduct a DAS lease).
    (vi) Confirmation of permit history. NE multispecies DAS associated 
with a Confirmation of Permit History may be transferred.
    (vii) Transfer by sector vessels. A sector vessel may not transfer 
DAS to or from vessels that are fishing under the provisions of the 
common pool or another sector, but may transfer DAS to or from another 
vessel participating in that vessel's sector during the fishing year in 
which the vessel is a member of a particular sector.
    (viii) Unless otherwise restricted by this part, a vessel with a NE 
multispecies limited access Category D permit may transfer DAS only to a 
vessel with a NE multispecies limited access Category D permit, but may 
receive transferred DAS from any eligible NE multispecies vessel.
    (2) Application to transfer DAS. Owners of the vessels applying to 
transfer and receive DAS must submit a completed application form 
obtained from the Regional Administrator. The application must be signed 
by both seller/transferor and buyer/transferee of the DAS, and submitted 
to the Regional Office at least 45 days before the date on which the 
applicant desires to have the DAS

[[Page 763]]

effective on the buying vessel. The Regional Administrator will notify 
the applicants of any deficiency in the application pursuant to this 
section. Applications may be submitted at any time during the fishing 
year, up until March 1.
    (i) Application information requirements. An application to transfer 
NE multispecies DAS must contain the following information: Seller's/
transferor's name, vessel name, permit number and official number or 
state registration number; buyer's/transferee's name, vessel name, 
permit number and official number or state registration number; total 
price paid for purchased DAS; signatures of seller and buyer; and date 
the form was completed. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery.
    (ii) Approval of transfer application. Unless an application to 
transfer NE multispecies DAS is denied according to paragraph 
(l)(2)(iii) of this section, the Regional Administrator shall issue 
confirmation of application approval to both seller/transferor and 
buyer/transferee within 45 days of receipt of an application.
    (iii) Denial of transfer application. The Regional Administrator may 
reject an application to transfer NE multispecies DAS for the following 
reasons: The application is incomplete or submitted past the March 1 
deadline; the seller/transferor or buyer/transferee does not possess a 
valid limited access NE multispecies permit; the seller's/transferor's 
or buyer's/transferee's DAS is sanctioned, pursuant to an enforcement 
proceeding; the seller's/transferor's or buyer/transferee's vessel is 
prohibited from fishing; the seller's/transferor's or buyer's/
transferee's limited access NE multispecies permit is sanctioned 
pursuant to enforcement proceedings; or the seller/transferor has a DAS 
baseline of zero. Upon denial of an application to transfer NE 
multispecies DAS, the Regional Administrator shall send a letter to the 
applicants describing the reason(s) for application rejection. The 
decision by the Regional Administrator is the final agency decision and 
there is no opportunity to appeal the Regional Administrator's decision.
    (m) [Reserved]
    (n) NE multispecies common pool accountability measure (AM). Common 
pool vessels are subject to the following AMs, in addition to the DAS 
accrual provisions specified in paragraph (e) of this section and other 
measures specified in this part.
    (1) Differential DAS counting AM for fishing years 2010 and 2011. 
Unless otherwise specified pursuant to Sec. 648.90(a)(5), based upon 
catch and other information available to NMFS by February of each year, 
the Regional Administrator shall project the catch of regulated species 
or ocean pout by common pool vessels for the fishing year ending on 
April 30 to determine whether such catch will exceed any of the sub-ACLs 
specified for common pool vessels pursuant to Sec. 648.90(a)(4)(iii). 
This initial projection of common pool catch shall be updated shortly 
after the end of each fishing year, once information becomes available 
regarding the catch of regulated species and ocean pout by vessels 
fishing for groundfish in state waters outside of the FMP, vessels 
fishing in exempted fisheries, and vessels fishing in the Atlantic sea 
scallop fishery; and the catch of Atlantic halibut, SNE/MA winter 
flounder, ocean pout, windowpane flounder, and Atlantic wolffish by 
sector vessels to determine if excessive catch by such vessels resulted 
in the overall ACL for a particular stock to be exceeded. If such catch 
resulted in the overall ACL for a particular stock being exceeded, the 
common pool's catch of that stock shall be increased by an amount equal 
to the amount of the overage of the overall ACL for that stock 
multiplied by the common pool's share of the overall ACL for that stock 
calculated pursuant to Sec. 648.90(a)(4)(iii)(H)(2). For example, if 
the 2010 overall ACL for GOM cod was exceeded by 10,000 lb (4,536 kg) 
due to excessive catch of that stock by vessels fishing in state waters 
outside the FMP, and the common pool's share of the 2010 overall GOM cod 
ACL was 5 percent, then the common pool's 2010 catch of GOM cod shall be 
increased by 500 lb (226.8 kg) (10,000 lb (4,536 kg) x 0.05 of the 
overall GOM

[[Page 764]]

cod ACL). If, based on the initial projection completed in February, the 
Regional Administrator projects that any of the sub-ACLs specified for 
common pool vessels will be exceeded or underharvested, the Regional 
Administrator shall implement a differential DAS counting factor to all 
Category A DAS used within the stock area in which the sub-ACL was 
exceeded or underharvested, as specified in paragraph (n)(1)(i) of this 
section, during the following fishing year, in a manner consistent with 
the Administrative Procedure Act. Any differential DAS counting 
implemented at the start of the fishing year will be reevaluated and 
recalculated, if necessary, once updated information is obtained. The 
differential DAS counting factor shall be based upon the projected 
proportion of the sub-ACL of each NE multispecies stock caught by common 
pool vessels, rounded to the nearest even tenth, as specified in 
paragraph (n)(1)(ii) of this section, unless otherwise specified 
pursuant to Sec. 648.90(a)(5). For example, if the Regional 
Administrator projects that common pool vessels will catch 1.18 times 
the sub-ACL for GOM cod during fishing year 2010, the Regional 
Administrator shall implement a differential DAS counting factor of 1.2 
to all Category A DAS used by common pool vessels only within the 
Inshore GOM Differential DAS Area during fishing year 2011 (i.e., 
Category A DAS will be charged at a rate of 28.8 hr for every 24 hr 
fished--1.2 times 24-hr DAS counting). If it is projected that catch in 
a particular fishing year will exceed or underharvest the sub-ACLs for 
several regulated species stocks within a particular stock area, 
including both exceeding and underharvesting several sub-ACLs within a 
particular stock area, the Regional Administrator shall implement the 
most restrictive differential DAS counting factor derived from paragraph 
(n)(1)(ii) of this section for the sub-ACLs exceeded or underharvested 
to any Category A DAS used by common pool vessels within that particular 
stock area. For example, if it is projected that common pool vessels 
will be responsible for 1.2 times the GOM cod sub-ACL and 1.1 times the 
CC/GOM yellowtail flounder sub-ACL, the Regional Administrator shall 
implement a differential DAS counting factor of 1.2 to any Category A 
DAS fished by common pool vessels only within the Inshore GOM 
Differential DAS Area during the following fishing year. For any 
differential DAS counting factor implemented in fishing year 2011, the 
differential DAS counting factor shall be applied against the DAS 
accrual provisions specified in paragraph (e)(1)(i) of this section for 
the time spent fishing in the applicable differential DAS counting area 
based upon the first VMS position into the applicable differential DAS 
counting area and the first VMS position outside of the applicable 
differential DAS counting area, pursuant to Sec. 648.10. For example, 
if a vessel fished 12 hr inside a differential DAS counting area where a 
differential DAS counting factor of 1.2 would be applied, and 12 hr 
outside of the differential DAS counting area, the vessel would be 
charged 48 hr of DAS use because DAS would be charged in 24-hr 
increments ((12 hr inside the area x 1.2 = 14.4 hr) + 12 hr outside the 
area, rounded up to the next 24-hr increment to determine DAS charged). 
For any differential DAS counting factor implemented in fishing year 
2012, the differential DAS counting factor shall be applied against the 
DAS accrual provisions in paragraph (e)(1)(i) of this section, or if a 
differential DAS counting factor was implemented for that stock area 
during fishing year 2011, against the DAS accrual rate applied in 
fishing year 2011. For example, if a differential DAS counting factor of 
1.2 was applied to the Inshore GOM Differential DAS Area during fishing 
year 2011 due to a 20-percent overage of the GOM cod sub-ACL, yet the 
GOM cod sub-ACL was exceeded again, but by 50 percent during fishing 
year 2011, an additional differential DAS factor of 1.5 would be applied 
to the DAS accrual rate applied during fishing year 2012 (i.e., the DAS 
accrual rate in the Inshore GOM Differential DAS Counting Area during 
fishing year 2012 would be 43.2 hr charged for every 24-hr fished--1.2 x 
1.5 x 24-hr DAS charge). If the Regional Administrator determines that 
similar DAS adjustments are necessary in all stock areas, the Regional 
Administrator will adjust the ratio of Category

[[Page 765]]

A:Category B DAS specified in paragraph (d)(1) of this section to reduce 
the number of available Category A DAS available based upon the amount 
of the overage, rather than apply a differential DAS counting factor to 
all Category A DAS used in all stock areas.
    (i) Differential DAS counting areas. The following differential DAS 
counting areas shall be used for the purposes of implementing the 
differential DAS counting AM specified in paragraph (n)(1) of this 
section:
    (A) Inshore GOM Differential DAS Area. The Inshore GOM Differential 
DAS Area applies to the following stocks of regulated species: White 
hake, pollock, GOM cod, GOM haddock, CC/GOM yellowtail flounder, GOM 
winter flounder, and Atlantic wolffish. The Inshore GOM Differential DAS 
Area is defined as the area bounded on the west by the shoreline of the 
United States and bounded on the east by straight lines connecting the 
following points in the order stated:

                    Inshore GOM Differential DAS Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
INGOM1.........................  (\1\)                69 deg.30'
INGOM2.........................  43 deg.00'           69 deg.30'
INGOM3.........................  43 deg.00'           70 deg.00'
INGOM4.........................  (\2\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.

    (B) Offshore GOM Differential DAS Area. The Offshore GOM 
Differential DAS Area applies to the following stocks of regulated 
species: GOM haddock, white hake, pollock, redfish, witch flounder, 
American plaice, and Atlantic halibut. The Offshore GOM Differential DAS 
Area is defined as the area bounded on the north by the shoreline of 
Maine, bounded on the east by the U.S./Canadian maritime boundary, and 
bounded on the south and west by straight lines connecting the following 
points in the order stated:

                   Offshore GOM Differential DAS Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CII3...........................  42 deg.22'           67 deg.20'
OFFGOM1........................  42 deg.20'           67 deg.20'
OFFGOM2........................  42 deg.20'           70 deg.00'
OFFGOM5........................  43 deg.00'           70 deg.00'
INGOM2.........................  43 deg.00'           69 deg.30'
INGOM1.........................  (\1\)                69 deg.30'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.

    (C) Inshore GB Differential DAS Area. The Inshore GB Differential 
DAS Area applies to the following stocks of regulated species: Witch 
flounder, American plaice, white hake, Atlantic halibut, redfish, 
pollock, CC/GOM yellowtail flounder, GB cod, GB haddock, SNE/MA winter 
flounder, and Atlantic wolffish. The Inshore GB Differential DAS Area is 
defined as the area bounded by straight lines connecting the following 
points in the order stated:

                    Inshore GB Differential DAS Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G9.............................  (\1\)                70 deg.00'
G10............................  42 deg.20'           70 deg.00'
IGB1...........................  42 deg.20'           68 deg.50'
IGB2...........................  41 deg.00'           68 deg.50'
IGB3...........................  41 deg.00'           69 deg.30'
IGB4...........................  41 deg.10'           69 deg.30'
IGB5...........................  41 deg.10'           69 deg.50'
IGB6...........................  41 deg.20'           69 deg.50'
IGB7...........................  41 deg.20'           70 deg.00'
G12............................  (\2\)                70 deg.00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 70 deg.00' W.
  longitude.
\2\ South-facing shoreline of Cape Cod, MA.

    (D) Offshore GB Differential DAS Area. The Offshore GB Differential 
DAS Area applies to the following stocks of regulated species: Witch 
flounder, American plaice, Atlantic halibut, northern windowpane 
flounder, GB cod, GB haddock, GB yellowtail flounder, and GB winter 
flounder. The Offshore GB Differential DAS Area is defined as the area 
bounded on the east by the U.S./Canadian maritime boundary and straight 
lines connecting the following points in the order stated:

                    Offshore GB Differential DAS Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
IGB1...........................  42 deg.20'           68 deg.50'
OGB1...........................  42 deg.20'           67 deg.20'
CII3...........................  (\1\)                67 deg.20'
OGB2...........................  40 deg.10'           (\1\)
OGB3...........................  40 deg.10'           68 deg.50'
IGB1...........................  42 deg.20'           68 deg.50'
------------------------------------------------------------------------
\1\ The U.S./Canada maritime boundary as it intersects with the EEZ.


[[Page 766]]

    (E) SNE/MA Differential DAS Area. The SNE/MA Differential DAS Area 
applies to the following stocks of regulated species or ocean pout: SNE/
MA winter flounder, SNE/MA yellowtail flounder, southern windowpane 
flounder, and ocean pout. The SNE/MA Differential DAS Area is defined as 
the area bounded on the north and west by the coastline of the United 
States, bounded on the east and south by straight lines connecting the 
following points in the order stated:

                      SNE/MA Differential DAS Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G12............................  (\1\)                70 deg.00'
IGB7...........................  41 deg.20'           70 deg.00'
IGB6...........................  41 deg.20'           69 deg.50'
IGB5...........................  41 deg.10'           69 deg.50'
IGB4...........................  41 deg.10'           69 deg.30'
IGB3...........................  41 deg.00'           69 deg.30'
IGB2...........................  41 deg.00'           68 deg.50'
SNEDA1.........................  40 deg.10'           68 deg.50'
SNEDA2.........................  40 deg.10'           73 deg.10'
SNEDA3.........................  39 deg.50'           73 deg.10'
SNEDA4.........................  39 deg.50'           (\2\)
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ East-facing shoreline of NJ.

    (ii) Differential DAS counting factor. For determining the 
differential DAS counting AM specified in this paragraph (n)(1), or the 
inseason differential DAS counting adjustment specified in paragraph (o) 
of this section, the following differential DAS factor shall, except as 
provided in paragraph (n)(1)(iii) of this section, be applied to the DAS 
accrual rate specified in paragraph (e)(1) of this section, and 
implemented in a manner consistent with the Administrative Procedure 
Act.

------------------------------------------------------------------------
         Proportion of ACL caught              Differential DAS factor
------------------------------------------------------------------------
0.5.......................................  0.5
0.6.......................................  0.6
0.7.......................................  0.7
0.8.......................................  0.8
0.9.......................................  No change
1.0.......................................  No change
1.1.......................................  1.1
1.2.......................................  1.2
1.3.......................................  1.3
1.4.......................................  1.4
1.5.......................................  1.5
1.6.......................................  1.6
1.7.......................................  1.7
1.8.......................................  1.8
1.9.......................................  1.9
2.0.......................................  2.0
------------------------------------------------------------------------

    (iii) Mixed-stock exception. When determining the differential DAS 
counting AM specified in this paragraph (n)(1), the Regional 
Administrator shall conduct an analysis to determine whether the mixed-
stock exception, as specified in Sec. 600.310(m), may be applicable. If 
the analysis concludes that the mixed-stock exception is applicable, the 
Regional Administrator shall modify or not apply a differential DAS 
counting AM on specific stocks, as appropriate, in accordance with the 
mixed-stock exception.
    (iv) Fishing year 2012. Any adjustments to DAS counting necessary as 
a result of either underharvesting or overharvesting any of the sub-ACLs 
specified for common pool vessels during the 2011 fishing year pursuant 
to Sec. 648.90(a)(4) shall become effective and remain effective for 
the duration of fishing year 2012 in addition to the implementation of 
the trimester TAC AM specified in paragraph (n)(2) of this section.
    (2) Trimester TAC AM for fishing years 2012 and beyond. Beginning in 
fishing year 2012, common pool vessels shall be subject to the following 
restrictions:
    (i) Trimester TACs--(A) Trimester TAC distribution. Any sub-ACLs 
specified for common pool vessels pursuant to Sec. 648.90(a)(4) shall 
be apportioned into trimesters of 4 months in duration, beginning at the 
start of the fishing year (i.e., Trimester 1: May 1-August 31; Trimester 
2: September 1-December 31; Trimester 3: January 1-April 30), as 
follows):

   Portion of Common Pool Sub-ACLs Apportioned to Each Stock for Each
                                Trimester
------------------------------------------------------------------------
                                   Trimester 1  Trimester 2  Trimester 3
              Stock                 (percent)    (percent)    (percent)
------------------------------------------------------------------------
GOM cod..........................           27           36           37
GB cod...........................           25           37           38
GOM haddock......................           27           26           47
GB haddock.......................           27           33           40
CC/GOM yellowtail flounder.......           35           35           30
GB yellowtail flounder...........           19           30           52

[[Page 767]]

 
SNE/MA yellowtail flounder.......           21           37           42
GOM winter flounder..............           37           38           25
GB winter flounder...............            8           24           69
Witch flounder...................           27           31           42
American plaice..................           24           36           40
Pollock..........................           28           35           37
Redfish..........................           25           31           44
White hake.......................           38           31           31
------------------------------------------------------------------------

    (B) Trimester TAC adjustment. The distribution of trimester TACs 
specified in paragraph (n)(2)(i)(A) of this section may be adjusted 
pursuant to the biennial adjustment process specified in Sec. 648.90. 
Future adjustments to the distribution of trimester TACs shall use catch 
data for the most recent 5-year period prior to the reevaluation of 
trimester TACs.
    (ii) Stock area closures. Unless otherwise specified in this 
paragraph (n)(2)(ii), if the Regional Administrator projects that 90 
percent of the trimester TACs specified in paragraph (n)(2)(i) of this 
section will be caught based upon available information, the Regional 
Administrator shall close the area where 90 percent of the catch for 
each such stock occurred to all common pool vessels on a NE multispecies 
DAS using gear capable of catching such stocks for the remainder of that 
trimester, as specified in paragraphs (n)(2)(ii)(A) through (N) of this 
section, in a manner consistent with the Administrative Procedure Act. 
For example, if the Regional Administrator projects that 90 percent of 
the CC/GOM yellowtail flounder Trimester 1 TAC will be caught, common 
pool vessels using trawl and gillnet gear shall be prohibited from 
fishing in the CC/GOM Yellowtail Flounder Closure Area specified in 
paragraph (n)(2)(ii)(G) of this section until the beginning of Trimester 
2 on September 1 of that fishing year. Based upon all available 
information, the Regional Administrator is authorized to expand or 
narrow the areas closed under this paragraph (n)(2)(ii) in a manner 
consistent with the Administrative Procedure Act. If it is not possible 
to identify an area where only 90 percent of the catch occurred, the 
Regional Administrator shall close the smallest area possible where 
greater than 90 percent of the catch occurred. Common pool vessels 
holding either a Handgear A or B permit and fishing with handgear or tub 
trawls are exempt from stock area closures for white hake. The Regional 
Administrator may exempt Handgear A and B permitted vessels from stock 
area closures for other stocks pursuant to this paragraph (n)(2)(ii) if 
it is determined that catches of the respective species or stock by 
these vessels are less than 1 percent of the common pool catch of that 
species or stock. The Regional Administrator shall make such 
determination prior to the start of the fishing year through a notice 
published in the Federal Register, consistent with the Administrative 
Procedure Act, and any such determination shall remain in effect until 
modified.
    (A) GB Cod Trimester TAC Area. For the purposes of the trimester TAC 
AM closure specified in paragraph (n)(2)(ii) of this section, the GB Cod 
Trimester TAC Area shall apply to common pool vessels using trawl gear, 
sink gillnet gear, and longline/hook gear within the area bounded by 
straight lines connecting the following points in the order stated:

                        GB Cod Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  42 deg. 20'           70 deg. 00'
2...........................  42 deg. 20'           (\1\)
3...........................  41 deg. 50'           (\1\)
4...........................  41 deg. 50'           67 deg. 40'
5...........................  41 deg. 10'           67 deg. 40'
6...........................  41 deg. 10'           67 deg. 10'
7...........................  41 deg. 00'           67 deg. 10'
8...........................  41 deg. 00'           67 deg. 00'
9...........................  40 deg. 50'           67 deg. 00'
10..........................  40 deg. 50'           66 deg. 50'
11..........................  40 deg. 40'           66 deg. 50'

[[Page 768]]

 
12..........................  40 deg. 40'           66 deg. 40'
13..........................  39 deg. 50'           66 deg. 40'
14..........................  39 deg. 50'           68 deg. 50'
15..........................  41 deg. 00'           68 deg. 50'
16..........................  41 deg. 00'           69 deg. 30'
17..........................  41 deg. 10'           69 deg. 30'
18..........................  41 deg. 10'           69 deg. 50'
19..........................  41 deg. 20'           69 deg. 50'
20..........................  41 deg. 20'           (\2\)
21..........................  (\3\)                 70 deg. 00'
22..........................  (\4\)                 70 deg. 00'
23..........................  (\5\)                 70 deg. 00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.

    (B) GOM Cod Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
GOM Cod Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded on the south, west, and north by the shoreline of the United 
States and bounded on the east by straight lines connecting the 
following points in the order stated:

                       GOM Cod Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  (\1\)                 69 deg. 20'
2...........................  43 deg. 40'           69 deg. 20'
3...........................  43 deg. 40'           69 deg. 00'
4...........................  43 deg. 10'           69 deg. 00'
5...........................  43 deg. 10'           69 deg. 10'
6...........................  43 deg. 00'           69 deg. 10'
7...........................  43 deg. 00'           69 deg. 20'
8...........................  42 deg. 50'           69 deg. 20'
9...........................  42 deg. 50'           69 deg. 40'
10..........................  42 deg. 20'           69 deg. 40'
11..........................  42 deg. 20'           70 deg. 00'
12..........................  (\2\)                 70 deg. 00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.

    (C) GB Haddock Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the GB 
Haddock Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded by straight lines connecting the following points in the order 
stated:

                      GB Haddock Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GB1............................  42 deg.20'           70 deg.00'
GB2............................  42 deg.20'           (\1\)
GB3............................  40 deg.30'           (\1\)
GB4............................  40 deg.30'           66 deg.40'
GB5............................  39 deg.50'           66 deg.40'
GB6............................  39 deg.50'           68 deg.50'
GB7............................  41 deg.00'           68 deg.50'
GB8............................  41 deg.00'           69 deg.30'
GB9............................  41 deg.10'           69 deg.30'
GB10...........................  41 deg.10'           69 deg.50'
GB11...........................  41 deg.20'           69 deg.50'
GB12...........................  41 deg.20'           (\2\)
GB13...........................  (\3\)                70 deg.00'
GB14...........................  (\4\)                70 deg.00'
GB15...........................  (\5\)                70 deg.00'
GB1............................  42 deg.20'           70 deg.00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.

    (D) GOM Haddock Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GOM Haddock Trimester TAC Area shall apply to common pool 
vessels using trawl gear, sink gillnet gear, and longline/hook gear 
within the area bounded on the south, west, and north by the shoreline 
of the United States and bounded on the east by straight lines 
connecting the following points in the order stated:

                     GOM Haddock Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GOM1...........................  (\1\)                69 deg.20'
GOM2...........................  43 deg.40'           69 deg.20'
GOM3...........................  43 deg.40'           69 deg.00'
GOM4...........................  43 deg.20'           69 deg.00'
GOM5...........................  43 deg.20'           67 deg.40'
GOM6...........................  (\2\)                67 deg.40'
GOM7...........................  42 deg.53.1'         67 deg.44.4'
GOM8...........................  (\2\)                67 deg.40'
GOM9...........................  42 deg.20'           67 deg.40'
GOM10..........................  42 deg.20'           70 deg.00'
GOM12..........................  (\3\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ North-facing shoreline of Cape Cod, MA.

    (E) GB Yellowtail Flounder Trimester TAC Area. For the purposes of 
the trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GB Yellowtail Flounder Trimester TAC Area shall apply to 
common pool vessels using trawl gear and sink gillnet gear within the 
area bounded by straight lines connecting the following points in the 
order stated:

[[Page 769]]



                GB Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GB1............................  42 deg.20'           68 deg.50'
GB2............................  42 deg.20'           (\1\)
GB3............................  40 deg.30'           (\1\)
GB4............................  40 deg.30'           66 deg.40'
GB5............................  39 deg.50'           66 deg.40'
GB6............................  39 deg.50'           68 deg.50'
GB1............................  42 deg.20'           68 deg.50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (F) SNE/MA Yellowtail Flounder Trimester TAC Area. For the purposes 
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of 
this section, the SNE/MA Yellowtail Flounder Trimester TAC Area shall 
apply to common pool vessels using trawl gear and sink gillnet gear 
within the area bounded by straight lines connecting the following 
points in the order stated:

              SNE/MA Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
SNEMA1.........................  (\1\)                70 deg.00'
SNEMA2.........................  (\2\)                70 deg.00'
SNEMA3.........................  (\3\)                70 deg.00'
SNEMA4.........................  39 deg.50'           70 deg.00'
SNEMA5.........................  39 deg.50'           71 deg.40'
SNEMA6.........................  40 deg.00'           71 deg.40'
SNEMA7.........................  40 deg.00'           73 deg.00'
SNEMA8.........................  (\4\)                73 deg.00'
SNEMA9.........................  41 deg.00'           (\5\)
SNEMA10........................  41 deg.00'           71 deg.40'
SNEMA11........................  (\6\)                71 deg.40'
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ North-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Long Island, NY.
\5\ East-facing shoreline of Long Island, NY.
\6\ Intersection with RI shoreline.

    (G) CC/GOM Yellowtail Flounder Trimester TAC Area. For the purposes 
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of 
this section, the CC/GOM Yellowtail Flounder Trimester TAC Area shall 
apply to common pool vessels using trawl gear and sink gillnet gear 
within the area bounded by straight lines connecting the following 
points in the order stated:

              CC/GOM Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CCGOM1.........................  42 deg.50'           (\1\)
CCGOM2.........................  42 deg.50'           69 deg.40'
CCGOM3.........................  42 deg.20'           69 deg.40'
CCGOM4.........................  42 deg.20'           68 deg.50'
CCGOM5.........................  41 deg.00'           68 deg.50'
CCGOM6.........................  41 deg.00'           69 deg.30'
CCGOM7.........................  41 deg.10'           69 deg.30'
CCGOM8.........................  41 deg.10'           69 deg.50'
CCGOM9.........................  41 deg.20'           69 deg.50'
CCGOM10........................  41 deg.20'           (\2\)
CCGOM11........................  (\3\)                70 deg.00'
CCGOM12........................  (\4\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of MA.

    (H) American Plaice Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the American Plaice Trimester TAC Area shall apply to common 
pool vessels using trawl gear within the area bounded by straight lines 
connecting the following points in the order stated:

                   American Plaice Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  (\1\)                 68 deg.00'
2...........................  44 deg.10'            67 deg.50'
3...........................  44 deg.00'            67 deg.50'
4...........................  44 deg.00'            67 deg.40'
5...........................  (\2\)                 67 deg.40'
6...........................  42 deg.53.1'          67 deg.44.4'
7...........................  (\2\)                 67 deg.40'
8...........................  41 deg.10'            67 deg.40'
9...........................  41 deg.10'            67 deg.10'
10..........................  41 deg.00'            67 deg.10'
11..........................  41 deg.00'            67 deg.00'
12..........................  40 deg.50'            67 deg.00'
13..........................  40 deg.50'            66 deg.50'
14..........................  40 deg.40'            66 deg.50'
15..........................  40 deg.40'            66 deg.40'
16..........................  39 deg.50'            66 deg.40'
17..........................  39 deg.50'            68 deg.50'
18..........................  41 deg.00'            68 deg.50'
19..........................  41 deg.00'            69 deg.30'
20..........................  41 deg.10'            69 deg.30'
21..........................  41 deg.10'            69 deg.50'
22..........................  41 deg.20'            69 deg.50'
23..........................  41 deg.20'            (\3\)
24..........................  (\4\)                 70 deg.00'
25..........................  (\5\)                 70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (I) Witch Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the Witch Flounder Trimester TAC Area shall apply to common 
pool vessels using trawl gear within the area bounded by

[[Page 770]]

straight lines connecting the following points in the order stated:

                    Witch Flounder Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  (\1\)                 68 deg.00'
2...........................  44 deg.10'            67 deg.50'
3...........................  44 deg.00'            67 deg.50'
4...........................  44 deg.00'            67 deg.40'
5...........................  (\2\)                 67 deg.40'
6...........................  42 deg.53.1'          67 deg.44.4'
7...........................  (\2\)                 67 deg.40'
8...........................  41 deg.10'            67 deg.40'
9...........................  41 deg.10'            67 deg.10'
10..........................  41 deg.00'            67 deg.10'
11..........................  41 deg.00'            67 deg.00'
12..........................  40 deg.50'            67 deg.00'
13..........................  40 deg.50'            66 deg.50'
14..........................  40 deg.40'            66 deg.50'
15..........................  40 deg.40'            66 deg.40'
16..........................  39 deg.50'            66 deg.40'
17..........................  39 deg.50'            68 deg.50'
18..........................  41 deg.00'            68 deg.50'
19..........................  41 deg.00'            69 deg.30'
20..........................  41 deg.10'            69 deg.30'
21..........................  41 deg.10'            69 deg.50'
22..........................  41 deg.20'            69 deg.50'
23..........................  41 deg.20'            (\3\)
24..........................  (\4\)                 70 deg.00'
25..........................  (\5\)                 70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (J) GB Winter Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GB Winter Flounder Trimester TAC Area shall apply to common 
pool vessels using trawl gear within the area bounded by straight lines 
connecting the following points in the order stated:

                  GB Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  42 deg.20'            68 deg.50'
2...........................  42 deg.20'            (\1\)
3...........................  40 deg.30'            (\1\)
4...........................  40 deg.30'            66 deg.40'
5...........................  39 deg.50'            66 deg.40'
6...........................  39 deg.50'            68 deg.50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary

    (K) GOM Winter Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GOM Winter Flounder Trimester TAC Area shall apply to 
common pool vessels using trawl gear and sink gillnet gear within the 
area bounded by straight lines connecting the following points in the 
order stated:

                 GOM Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GOM1...........................  42 deg.50'           (\1\)
GOM2...........................  42 deg.50'           69 deg.40'
GOM3...........................  42 deg.20'           69 deg.40'
GOM4...........................  42 deg.20'           70 deg.00'
GOM5...........................  (\2\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline
\2\ North-facing shoreline of Cape Cod, MA

    (L) Redfish Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
Redfish Trimester TAC Area shall apply to common pool vessels using 
trawl gear within the area bounded by straight lines connecting the 
following points in the order stated:

                       Redfish Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
RF1............................  (\1\)                69 deg.20'
RF2............................  43 deg.40'           69 deg.20'
RF3............................  43 deg.40'           69 deg.00'
RF4............................  43 deg.20'           69 deg.00'
RF5............................  43 deg.20'           67 deg.40'
RF6............................  (\2\)                67 deg.40'
RF7............................  42 deg.53.1'         67 deg.44.4'
RF8............................  (\2\)                67 deg.40'
RF9............................  41 deg.20'           67 deg.40'
RF10...........................  41 deg.20'           68 deg.10'
RF11...........................  41 deg.10'           68 deg.10'
RF12...........................  41 deg.10'           68 deg.20'
RF13...........................  41 deg.00'           68 deg.20'
RF14...........................  41 deg.00'           69 deg.30'
RF15...........................  41 deg.10'           69 deg.30'
RF16...........................  41 deg.10'           69 deg.50'
RF17...........................  41 deg.20'           69 deg.50'
RF18...........................  41 deg.20'           (\3\)
RF19...........................  (\4\)                70 deg.00'
RF20...........................  (\5\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (M) White Hake Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
White Hake Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear, except for 
Handgear A and B permitted vessels using handgear or tub trawls, within 
the area bounded by straight lines connecting the following points in 
the order stated:

                      White Hake Trimester TAC Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  (\1\)                 69 deg.20'

[[Page 771]]

 
2...........................  43 deg.40'            69 deg.20'
3...........................  43 deg.40'            69 deg.00'
4...........................  43 deg.20'            69 deg.00'
5...........................  43 deg.20'            67 deg.40'
6...........................  (\2\)                 67 deg.40'
7...........................  42 deg.53.1'          67 deg.44.4'
8...........................  (\2\)                 67 deg.40'
9...........................  41 deg.20'            67 deg.40'
10..........................  41 deg.20'            68 deg.10'
11..........................  41 deg.10'            68 deg.10'
12..........................  41 deg.10'            68 deg.20'
13..........................  41 deg.00'            68 deg.20'
14..........................  41 deg.00'            69 deg.30'
15..........................  41 deg.10'            69 deg.30'
16..........................  41 deg.10'            69 deg.50'
17..........................  41 deg.20'            69 deg.50'
18..........................  41 deg.20'            (\3\)
19..........................  (\4\)                 70 deg.00'
20..........................  (\5\)                 70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (N) Pollock Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
Pollock Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded by straight lines connecting the following points in the order 
stated:

                       Pollock Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
RF1............................  (\1\)                69 deg.20'
RF2............................  43 deg.40'           69 deg.20'
RF3............................  43 deg.40'           69 deg.00'
RF4............................  43 deg.20'           69 deg.00'
RF5............................  43 deg.20'           67 deg.40'
RF6............................  (\2\)                67 deg.40'
RF7............................  42 deg.53.1'         67 deg.44.4'
RF8............................  (\2\)                67 deg.40'
RF9............................  41 deg.20'           67 deg.40'
RF10...........................  41 deg.20'           68 deg.10'
RF11...........................  41 deg.10'           68 deg.10'
RF12...........................  41 deg.10'           68 deg.20'
RF13...........................  41 deg.00'           68 deg.20'
RF14...........................  41 deg.00'           69 deg.30'
RF15...........................  41 deg.10'           69 deg.30'
RF16...........................  41 deg.10'           69 deg.50'
RF17...........................  41 deg.20'           69 deg.50'
RF18...........................  41 deg.20'           (\3\)
RF19...........................  (\4\)                70 deg.00'
RF20...........................  (\5\)                70 deg.00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (iii) Trimester TAC overage/underage. If any trimester TAC, as 
specified in paragraph (n)(2)(i) of this section, is not caught during 
Trimester 1 or 2, the uncaught portion of the trimester TAC shall be 
carried forward into the next trimester. Uncaught portions of any 
trimester TAC following Trimester 3 may not be carried over into the 
following fishing year. If any trimester TAC is exceeded during the 
Trimesters 1 or 2, the overage shall be deducted from the Trimester 3 
TAC for that stock. If the entire sub-ACL for a particular stock that is 
allocated to the common pool is exceeded (i.e., the common pool catch of 
that stock at the end of the fishing year, including the common pool's 
share of any overage of the overall ACL for a particular stock caused by 
excessive catch by other sub-components of the fishery pursuant to Sec. 
648.90(a)(5), exceeds all three trimester TACs for that stock combined), 
an amount equal to the overage shall be deducted from the sub-ACL for 
that stock that is allocated to common pool vessels pursuant to Sec. 
648.90(a)(4) for the following fishing year.
    (iv) [Reserved]
    (v) Adjustments to trimester TACs. The distribution of trimester 
TACs specified in paragraph (n)(2)(i) of this section may be revised 
pursuant to the biennial adjustment or framework process specified in 
Sec. 648.90(a)(2) and shall use the distribution of landings of the 
most recent 5-year period available.
    (vi) Trip limit adjustment. When 60 percent of the northern or 
southern windowpane flounder, ocean pout, or Atlantic halibut sub-ACLs 
specified for common pool vessels pursuant to Sec. 
648.90(a)(4)(iii)(H)(2) is projected to be caught, the Regional 
Administrator may specify, consistent with the APA, a possession limit 
for these stocks that is calculated to prevent the yearly sub-ACL from 
being exceeded prior to the end of the fishing year.
    (vii) SNE/MA winter flounder AM. If the common pool fishery sub-ACL 
for SNE/MA winter flounder is exceeded, including the common pool's 
share of any overage of the total ACL, as specified at Sec. 
648.90(a)(5), by an amount that exceeds the management uncertainty 
buffer, the AM described in this paragraph would be implemented in the 
following fishing year. The AM would be effective for the entire fishing 
year.

[[Page 772]]

Common pool vessels fishing on a NE Multispecies DAS with trawl gear may 
only use a haddock separator trawl, as specified in Sec. 
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec. 
648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in Sec. 
648.84(e); or any other gear approved consistent with the process 
defined in Sec. 648.85(b)(6) in the SNE/MA Winter Flounder Trawl Gear 
AM Areas. The AM areas are defined below, and are bounded by the 
following coordinates, connected in the order listed by straight lines, 
unless otherwise noted.

               SNE/MA Winter Flounder Trawl Gear AM Area 1
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  41 deg.10'            71 deg.40' \1\
2...........................  41 deg.10'            71 deg.20'
3...........................  41 deg.00'            71 deg.20'
4...........................  41 deg.00'            71 deg.40'
------------------------------------------------------------------------
\1\ Point 1 connects to Point 2 along 41 deg.10' N or the southern
  coastline of Block Island, RI, whichever is farther south.


               SNE/MA Winter Flounder Trawl Gear AM Area 2
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  41 deg.20'            70 deg.30'
2...........................  41 deg.20'            70 deg.20'
3...........................  41 deg.00'            70 deg.20'
4...........................  41 deg.00'            70 deg.30'
------------------------------------------------------------------------


               SNE/MA Winter Flounder Trawl Gear AM Area 3
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  41 deg.20'            69 deg.20'
2...........................  41 deg.20'            69 deg.10'
3...........................  41 deg.10'            69 deg.10'
4...........................  41 deg.10'            69 deg.20'
------------------------------------------------------------------------


               SNE/MA Winter Flounder Trawl Gear AM Area 4
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  41 deg.20'            69 deg.20'
2...........................  41 deg.20'            (\1\)
3...........................  (\1\)                 69 deg.00'
4...........................  41 deg.00'            69 deg.00'
5...........................  41 deg.00'            69 deg.10'
6...........................  41 deg.10'            69 deg.10'
7...........................  41 deg.10'            69 deg.20'
------------------------------------------------------------------------
(\1\) The southwest-facing boundary of Closed Area I.

    (o) Inseason adjustment to differential DAS counting for NE 
multispecies common pool vessels. (1) In addition to the DAS accrual 
provisions specified in paragraphs (e) and (n) of this section, and 
other measures specified in this part, common pool vessels are subject 
to the following restrictions: The Regional Administrator shall project 
the catch of regulated species or ocean pout by common pool vessels and 
shall determine whether such catch will exceed any of the sub-ACLs 
specified for common pool vessels as described in Sec. 648.90(a)(4). 
This projection shall include catch by common pool vessels, as well as 
available information, regarding the catch of regulated species and 
ocean pout by vessels fishing for NE multispecies in State waters 
outside of the authority of the FMP, vessels fishing in exempted 
fisheries, and vessels fishing in the Atlantic sea scallop fishery. If 
it is projected that catch will exceed or under-harvest the common pool 
sub-ACL, the Regional Administrator may, at any time during the fishing 
year, implement a differential DAS counting factor to all Category A DAS 
used within the pertinent stock area(s), as specified in paragraph 
(n)(1)(i) of this section, in a manner consistent with the 
Administrative Procedure Act. Notwithstanding the fact that the 
differential DAS accountability measures described in paragraph (n)(1) 
of this section are intended to address potential over-harvests in 
fishing year 2010 and 2011, the scope of the Regional Administrator 
authority specified in this paragraph (o) is not limited to FY 2010 and 
2011.
    (2) The differential DAS counting factor shall be based on the 
projected proportion of the sub-ACL of each NE multispecies stock caught 
by common pool vessels, rounded to the nearest even tenth, as specified 
in paragraph (n)(1)(ii) of this section, unless otherwise specified in 
Sec. 648.90(a)(5). For example, if the Regional Administrator projects 
that common pool vessels will catch 1.18 times the sub-ACL for GOM cod 
by the end of fishing year 2010, the Regional Administrator may 
implement a differential DAS counting factor of 1.2 to all Category A 
DAS used by common pool vessels within the Inshore GOM Differential DAS 
Area during fishing year 2010 (i.e., Category A DAS will be charged at a 
rate of 28.8 hr for every 24 hr fished--1.2 times 24-hr DAS counting). 
If it is projected that catch will simultaneously exceed

[[Page 773]]

or underharvest the sub-ACLs for several regulated species stocks within 
a particular stock area, the Regional Administrator may implement the 
most restrictive differential DAS counting factor derived from paragraph 
(n)(1)(ii) of this section for the sub-ACLs exceeded or underharvested 
to any Category A DAS used by common pool vessels within that particular 
stock area. For example, if it is projected that the common pool vessel 
catch will exceed the GOM cod sub-ACL by a factor of 1.2 and the CC/GOM 
yellowtail flounder sub-ACL by a factor of 1.1, the Regional 
Administrator may implement a differential DAS counting factor of 1.2 to 
any Category A DAS fished by common pool vessels within the Inshore GOM 
Differential DAS Area during the fishing year. For any inseason 
differential DAS counting factor implemented, the differential DAS 
counting factor shall be applied against the DAS accrual provisions 
specified in paragraph (e)(1)(i) of this section for the time spent 
fishing in the applicable differential DAS counting area based upon the 
first VMS position into the applicable differential DAS counting area 
and the first VMS position outside of the applicable differential DAS 
counting area pursuant to Sec. 648.10. For example, if a vessel fished 
12 hr inside a differential DAS counting area where a differential DAS 
counting factor of 1.2 would be applied, and 12 hr outside of the 
differential DAS counting area, the vessel would be charged 48 hr of 
DAS, because DAS would be charged in 24-hr increments ((12 hr inside the 
area x 1.2 = 14.4 hr) + 12 hr outside the area, rounded to the next 24-
hr increment to determine DAS charged).
    (3) For any inseason differential DAS counting factor implemented in 
fishing year 2011, the inseason differential DAS counting factor shall 
be applied in accordance with the DAS accrual provisions specified in 
paragraph (e)(1)(i) of this section, and, if pursuant to paragraph 
(n)(1) of this section, in conjunction with a differential DAS counting 
factor also implemented for the same differential DAS area during 
fishing year 2011 as an AM. For example, if a differential DAS counting 
factor of 1.2 was applied to the Inshore GOM Differential DAS Area 
during fishing year 2011, as an AM due to a 20-percent overage of the 
GOM cod sub-ACL in fishing year 2010, and during fishing year 2011 the 
GOM cod sub-ACL was projected to be exceeded by 30 percent, an 
additional differential DAS factor of 1.3 would be applied to the DAS 
accrual rate as an inseason action during fishing year 2011. Under this 
example, the DAS accrual rate after both the AM and the inseason 
differential DAS rate is applied to FY 2011 in the Inshore GOM 
Differential DAS Counting Area would be 37.4 hr charged for every 24 hr 
fished--1.2 x 1.3 x 24-hr DAS charge.

[69 FR 22969, Apr. 27, 2004]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
648.82, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    2. At 75 FR 18319, Apr. 9, 2010, in Sec. 648.82, paragraph 
(e)(1)(ii) was revised, however no (e)(1)(ii) existed, so it could not 
be revised.



Sec. 648.83  Multispecies minimum fish sizes.

    (a) Minimum fish sizes. (1) Minimum fish sizes for recreational 
vessels and charter/party vessels that are not fishing under a NE 
multispecies DAS are specified in Sec. 648.89. Except as provided in 
Sec. 648.17, all other vessels are subject to the following minimum 
fish sizes, determined by total length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                Species                           Size (inches)
------------------------------------------------------------------------
Cod....................................  19 (48.3 cm)
Haddock................................  16 (40.6 cm)
Pollock................................  19 (48.3 cm)
Witch flounder (gray sole).............  13 (33 cm)
Yellowtail flounder....................  12 (30.5 cm)
American plaice (dab)..................  12 (30.5 cm)
Atlantic halibut.......................  41 (104.1 cm)
Winter flounder (blackback)............  12 (30.5 cm)
Redfish................................  7 (17.8 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board a vessel, except as provided in paragraph 
(b) of this section, and to whole, whole-gutted or gilled fish only, 
after landing. For purposes of determining compliance with the 
possession limits in Sec. 648.86, the weight of fillets and parts of 
fish, other than whole-gutted or gilled fish, will be

[[Page 774]]

multiplied by 3. Fish fillets, or parts of fish, must have skin on while 
possessed on board a vessel and at the time of landing in order to meet 
minimum size requirements. ``Skin on'' means the entire portion of the 
skin normally attached to the portion of the fish or to fish parts 
possessed is still attached.
    (b) Exceptions. (1) Each person aboard a vessel issued a NE 
multispecies limited access permit and fishing under the NE multispecies 
DAS program or on a sector trip may possess up to 25 lb (11.3 kg) of 
fillets that measure less than the minimum size, if such fillets are 
from legal-sized fish and are not offered or intended for sale, trade, 
or barter. The weight of fillets and parts of fish, other than whole-
gutted or gilled fish, shall be multiplied by 3. For the purposes of 
accounting for all catch by sector vessels as specified at Sec. 
648.87(b)(1)(v), the weight of all fillets and parts of fish, other than 
whole-gutted or gilled fish reported for at-home consumption shall be 
multiplied by a factor of 3.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified, if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (3) Vessels fishing exclusively with pot gear may possess NE 
multispecies frames used, or to be used, as bait, that measure less than 
the minimum fish size, if there is a receipt for purchase of those 
frames on board the vessel.
    (4) Vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit may possess and 
land haddock and other regulated species that are smaller than the 
minimum size specified under Sec. 648.83, consistent with the bycatch 
caps specified in Sec. Sec. 648.86(a)(3) and 648.86(k). Such fish may 
not be sold for human consumption.
    (c) Adjustments. (1) At any time when information is available, the 
NEFMC will review the best available mesh selectivity information to 
determine the appropriate minimum size for the species listed in 
paragraph (a) of this section, except winter flounder, according to the 
length at which 25 percent of the regulated species would be retained by 
the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the NEFMC 
shall propose the minimum fish sizes to be implemented following the 
procedures specified in Sec. 648.90.
    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraph (a) of this section, and exemptions specified in 
paragraph (b) of this section, may be made at any time after 
implementation of the final rule as specified under Sec. 648.90.

[69 FR 22974, Apr. 27, 2004, as amended at 71 FR 46876, Aug. 15, 2006; 
72 FR 11276, Mar. 12, 2007; 75 FR 18328, Apr. 9, 2010; 76 FR 42585, July 
19, 2011; 78 FR 26158, May 3, 2013]



Sec. 648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to, 
gillnets and longlines designed for, capable of, or fishing for NE 
multispecies or monkfish, must have the name of the owner or vessel or 
the official number of that vessel permanently affixed to any buoys, 
gillnets, longlines, or other appropriate gear so that the name of the 
owner or vessel or the official number of the vessel is visible on the 
surface of the water.
    (b) Bottom-tending fixed gear, including, but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to, 
and including, north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the 
half compass circle from magnetic north through east to, and including, 
south) of the gear need display only the standard 12-inch (30.5-cm) 
tetrahedral radar reflector positioned in the same way.
    (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) between 
the end buoys.
    (d) In the GOM and GB regulated mesh area specified in Sec. 
648.80(a), gillnet gear set in an irregular pattern or in any way that 
deviates more than 30 deg. from the original course of the set must be 
marked at the extremity of

[[Page 775]]

the deviation with an additional marker, which must display two or more 
visible streamers and may either be attached to or independent of the 
gear.
    (e) Rope separator trawl. A rope separator trawl is defined as a 
four-seam bottom trawl net (i.e., a net with a top and bottom panel and 
two side panels) modified to include both a horizontal separator panel 
and an escape opening in the bottom belly of the net below the separator 
panel, as further specified in paragraphs (e)(1) through (3) of this 
section.
    (1) Mesh size. The minimum mesh size applied throughout the body and 
extension of a rope separator trawl must be 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh, or any combination thereof. Mesh 
in the bottom belly of the net must be 13-inch (33-cm) diamond mesh. 
Unless otherwise specified in this part, the codend mesh size must be 
consistent with mesh size requirements specified in Sec. 648.80. The 
mesh size of a particular section of the rope separator trawl is 
measured in accordance with Sec. 648.80(f)(2), unless insufficient 
numbers of mesh exist, in which case the maximum total number of meshes 
in the section will be measured (between 2 and 20 meshes).
    (2) Separator panel. The separator panel must consist of parallel 
lines made of fiber rope, the ends of which are attached to each side of 
the net starting at the forward edge of the square of the net and 
running aft toward the extension of the net. The leading rope must be 
attached to the side panel at a point at least \1/3\ of the number of 
meshes of the side panel above the lower gore, and the panel of ropes 
shall slope downward toward the extension of the net. For example, if 
the side panel of the net is 42 meshes tall, the leading rope must be 
attached at least 14 meshes above the lower gore. The forward \2/3\ of 
the separator ropes that comprise the separator panel must be no farther 
than 26 inches (66 cm) apart, with the after \1/3\ of the separator 
ropes that comprise the separator panel being no farther than 13 inches 
(33 cm) apart. The ends of the aftermost rope shall be attached to the 
bottom belly at a point \1/6\ of the number of meshes of the after end 
of the bottom belly below the lower gore. The separator ropes should be 
of sufficient length not to impinge upon the overall shape of the net 
without being too long to compromise the selectivity of the net. The 
separator ropes may not be manipulated in any way that would inhibit the 
selectivity of the net by causing the separator ropes to dip toward the 
bottom belly of the net and obscure the escape opening, as defined in 
paragraph (e)(3) of this section.
    (3) Escape opening. The escape opening must be positioned in the 
bottom belly of the net behind the sweep and terminate under the 
separator panel, as described in paragraph (e)(2) of this section. 
Longitudinal lines may be used to maintain the shape of the escape 
opening, as necessary. The escape opening shall be at least 18 meshes in 
both length and width.

[69 FR 22974, Apr. 27, 2004, as amended at 78 FR 26158, May 3, 2013]



Sec. 648.85  Special management programs.

    (a) U.S./Canada Resource Sharing Understanding. No NE multispecies 
fishing vessel, or person on such vessel, may enter, fish in, or be in 
the U.S./Canada Resource Sharing Understanding Management Areas (U.S./
Canada Management Areas), as defined in paragraph (a)(1) of this 
section, unless the vessel is fishing in accordance with the 
restrictions and conditions of this section. These restrictions do not 
preclude fishing under an approved Special Access Program specified 
under paragraph (b) of this section.
    (1) U.S./Canada Management Areas. A vessel issued a NE multispecies 
permit that meets the requirements of paragraph (a)(3) of this section 
may fish in the U.S./Canada Management Areas described in paragraphs 
(a)(1)(i) and (ii) of this section.
    (i) Western U.S./Canada Area. The Western U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the Regional 
Administrator upon request):

[[Page 776]]



                        Western U.S./Canada Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
USCA 1...........................  42 deg.20'          68 deg.50'
USCA 2...........................  39 deg.50'          68 deg.50'
USCA 3...........................  39 deg.50'          66 deg.40'
USCA 4...........................  40 deg.40'          66 deg.40'
USCA 5...........................  40 deg.40'          66 deg.50'
USCA 6...........................  40 deg.50'          66 deg.50'
USCA 7...........................  40 deg.50'          67 deg.00'
USCA 8...........................  41 deg.00'          67 deg.00'
USCA 9...........................  41 deg.00'          67 deg.20'
USCA 10..........................  41 deg.10'          67 deg.20'
USCA 11..........................  41 deg.10'          67 deg.40'
USCA 12..........................  42 deg.20'          67 deg.40'
USCA 1...........................  42 deg.20'          68 deg.50'
------------------------------------------------------------------------

    (ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the Regional 
Administrator upon request):

                        Eastern U.S./Canada Area
------------------------------------------------------------------------
              Point                   N. latitude        W. longitude
------------------------------------------------------------------------
USCA 12.........................  42 deg.20'          67 deg.40'
USCA 11.........................  41 deg.10'          67 deg.40'
USCA 10.........................  41 deg.10'          67 deg.20'
USCA 9..........................  41 deg.00'          67 deg.20'
USCA 8..........................  41 deg.00'          67 deg.00'
USCA 7..........................  40 deg.50'          67 deg.00'
USCA 6..........................  40 deg.50'          66 deg.50'
USCA 5..........................  40 deg.40'          66 deg.50'
USCA 4..........................  40 deg.40'          66 deg.40'
USCA 15.........................  40 deg.30'          66 deg.40'
USCA 14.........................  40 deg.30'          65 deg.44.3'
USCA 13.........................  42 deg.20'          67 deg.18.4'
USCA 12.........................  42 deg.20'          67 deg.40'
------------------------------------------------------------------------

    (2) TAC allocation--(i) Process for establishing TACs. The amount of 
GB cod and haddock TAC that may be harvested from the Eastern U.S./
Canada Area described in paragraph (a)(1)(ii) of this section, and the 
amount of GB yellowtail flounder TAC that may be harvested from the 
Western U.S./Canada Area and the Eastern U.S./Canada Area, as described 
in paragraphs (a)(1)(i) and (ii) of this section, combined, shall be 
determined by the process specified in paragraphs (a)(2)(i)(A) through 
(D) of this section.
    (A) To the extent practicable, by June 30 of each year, the Terms of 
Reference for the U.S./Canada shared resources for GB cod, haddock, and 
yellowtail flounder shall be established by the Steering Committee and 
the Transboundary Management Guidance Committee (TMGC).
    (B) To the extent practicable, by July 31 of each year, a 
Transboundary Resource Assessment Committee (TRAC) joint assessment of 
the U.S./Canada shared resources for GB cod, haddock and yellowtail 
flounder shall occur.
    (C) To the extent practicable, by August 31 of each year, the TMGC 
shall recommend TACs for the U.S./Canada shared resources for GB cod, 
haddock, and yellowtail flounder. Prior to October 31 of each year, the 
Council may refer any or all recommended TACs back to the TMGC and 
request changes to any or all TACs. The TMGC shall consider such 
recommendations and respond to the Council prior to October 31.
    (D) To the extent practicable, by October 31 of each year, the 
Council shall review the TMGC recommended TACs for the U.S. portion of 
the U.S./Canada Management Area resources for GB cod, haddock, and 
yellowtail flounder. Based on the TMGC recommendations, the Council 
shall recommend to the Regional Administrator the U.S. TACs for the 
shared stocks for the subsequent fishing year as a subset of the ACLs 
for these stocks available to the commercial fishery pursuant to Sec. 
648.90(a)(4). NMFS shall review the Council's recommendations and shall 
publish the proposed TACs in the Federal Register and provide a 30-day 
public comment period. NMFS shall make a final determination concerning 
the TACs and publish notification of the approved TACs and responses to 
public comments in the Federal Register. The Council, at this time, may 
also consider modification of management measures in order to ensure 
compliance with the U.S./Canada Resource Sharing Understanding. Any 
changes to management measures will be modified pursuant to Sec. 
648.90.
    (ii) TAC Overages. Any overages of the overall Eastern GB cod, 
Eastern GB haddock, and GB yellowtail flounder U.S. TACs caused by an 
overage of the component of the U.S. TAC specified for either the common 
pool, individual sectors, the scallop fishery, or any other fishery, 
pursuant to this paragraph (a)(2) and Sec. 648.90(a)(4), that occur in 
a given fishing year shall be subtracted from the respective TAC

[[Page 777]]

component responsible for the overage in the following fishing year and 
may be subject to the overall groundfish AM provisions as specified in 
Sec. 648.90(a)(5)(ii) if the overall ACL for a particular stock in a 
given fishing year, specified pursuant to Sec. 648.90(a)(4), is 
exceeded.
    (iii) Distribution of TACs. For stocks managed by the U.S./Canada 
Resource Sharing Understanding, as specified in paragraph (a)(1) of this 
section, the TAC allocation determined pursuant to this paragraph (a)(2) 
shall be distributed between sectors approved pursuant to Sec. 
648.87(c), common pool vessels, scallop vessels, and other applicable 
fisheries, as specified in Sec. 648.90(a)(4). Approved sectors will be 
allocated ACE for Eastern GB cod and Eastern GB haddock proportional to 
the sector's allocation of the overall ACL for these stocks, based upon 
the fishing histories of sector vessels, as specified in Sec. 
648.87(b)(1)(i). Any ACE for Eastern GB cod and Eastern GB haddock 
allocated to an individual sector is considered a subset of the overall 
GB cod and GB haddock ACE allocated to that sector and may only be 
harvested from the Eastern U.S./Canada Area, while the remaining ACE for 
GB cod and GB haddock available to that sector may only be harvested 
outside of the Eastern U.S./Canada Area. For example, if a sector is 
allocated 10 percent of the GB haddock ACL, it will also be allocated 10 
percent of the Eastern GB haddock TAC for that particular fishing year.
    (iv) Inseason TAC Adjustments. For FY 2014 only, the Regional 
Administrator, in consultation with the Council, may adjust the FY 2014 
TACs for the U.S./Canada shared resources inseason consistent with any 
quota trade recommendations made by the TMGC and/or Steering Committee, 
and approved by the Regional Administrator. Any such inseason adjustment 
to the FY 2014 TACs may only increase the TAC available to the U.S. 
fishery, and may not reduce the TAC amount distributed in FY 2014 to any 
fishery component as specified in paragraph (a)(2)(iii) of this section. 
The revised FY 2014 TAC(s) shall be distributed consistent with the 
process specified in paragraph (a)(2)(iii) of this section. For example, 
if the U.S. receives additional yellowtail flounder TAC in FY 2014, and 
trades away a portion of its FY 2015 haddock TAC, the Regional 
Administrator would increase the FY 2014 U.S. TAC for yellowtail 
flounder inseason consistent with the process specified in this 
paragraph (a)(2)(iv). The adjustment to the FY 2015 U.S. TAC for haddock 
would be made as part of the process for establishing TACs, as described 
in paragraph (a)(2)(i)(C) of this section.
    (3) Requirements for vessels in U.S./Canada Management Areas. Any 
common pool or sector vessel, provided the sector to which a vessel 
belongs is allocated ACE for stocks caught in the Eastern U.S./Canada 
Area pursuant to paragraph (a)(2)(iii) of this section and Sec. 
648.87(b)(1)(i), may fish in the U.S./Canada Management Areas, provided 
it complies with conditions and restrictions of this section. A vessel 
other than a NE multispecies vessel may fish in the U.S./Canada 
Management Area, subject to the restrictions specified in paragraph 
(a)(3)(iv)(E) of this section and all other applicable regulations for 
such vessels.
    (i) VMS requirement. A NE multispecies vessel fishing in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (ii) Declaration. To fish in the U.S./Canada Management Area under a 
NE multispecies DAS or on a sector trip, a NE multispecies vessel must 
declare through the VMS the specific area within the U.S./Canada 
Management Areas, as described in paragraphs (a)(1)(i) or (ii) of this 
section, or the specific SAP within the U.S./Canada Management Areas, as 
described in paragraph (b) of this section, the vessel will be fishing 
in prior to leaving the dock, in accordance with instructions to be 
provided by the Regional Administrator, and must comply with the 
restrictions and conditions in paragraphs (a)(3)(ii)(A) through (C) of 
this section. Vessels other than NE multispecies vessels are not 
required to declare into the U.S./Canada Management Areas.
    (A) A common pool vessel fishing under a NE multispecies DAS in the 
Eastern U.S./Canada Area may fish

[[Page 778]]

both inside and outside of the Eastern U.S./Canada Area on the same 
trip, provided it complies with the most restrictive DAS counting 
requirements specified in Sec. 648.10(e)(5), trip limits, and reporting 
requirements for the areas fished for the entire trip, and the 
restrictions specified in paragraphs (a)(3)(ii)(A)(1) through (4) of 
this section. A vessel on a sector trip may fish both inside and outside 
of the Eastern U.S./Canada Area on the same trip, provided it complies 
with the restrictions specified in paragraphs (a)(3)(ii)(A)(1) through 
(3) of this section. When a vessel operator elects to fish both inside 
and outside of the Eastern U.S./Canada Area, all cod and haddock caught 
on that trip will be apportioned by area fished, as determined by all 
available data sources, and those portions of the catch taken inside the 
Eastern U.S./Canada Area shall count toward the applicable hard TAC 
specified for the U.S./Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS prior to leaving 
the Eastern U.S./Canada Area (including at the time of initial 
declaration into the Eastern U.S./Canada Area) that it is also electing 
to fish outside the Eastern U.S./Canada Area, as instructed by the 
Regional Administrator. With the exception of vessels participating in 
the Regular B DAS Program and fishing under a Regular B DAS and vessels 
on a sector trip that are not fishing under a NE multispecies DAS for 
the purposes of complying with the restrictions of other fisheries, once 
a vessel elects to fish outside of the Eastern U.S./Canada Area, 
Category A DAS shall accrue from the time the vessel crosses the VMS 
Demarcation Line at the start of its fishing trip until the time the 
vessel crosses the VMS Demarcation Line on its return to port, in 
accordance with Sec. 648.10(e)(5)(iii).
    (2) Unless otherwise exempted pursuant to this part, the vessel must 
comply with the reporting requirements of the U.S./Canada Management 
Area specified in Sec. 648.85(a)(3)(v) for the duration of the trip.
    (3) [Reserved]
    (4) If a common pool vessel fishing under a NE multispecies DAS 
possesses yellowtail flounder in excess of the trip limits for CC/GOM 
yellowtail flounder or SNE/MA yellowtail flounder, as specified in Sec. 
648.86(g), the vessel may not fish in either the CC/GOM or SNE/MA 
yellowtail flounder stock area during that trip (i.e., may not fish 
outside of the U.S./Canada Management Area).
    (B) A common pool vessel fishing under a NE multispecies DAS in the 
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more 
restrictive regulations applicable to the area fished for the entire 
trip (e.g., the possession restrictions specified in paragraph 
(a)(3)(iv)(C)(4) of this section), and the reporting requirements 
specified in Sec. 648.85(a)(3)(v). A vessel on a sector trip in the 
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more 
restrictive reporting requirements specified in Sec. 648.85(a)(3)(v), 
unless otherwise exempted pursuant to this part.
    (C) For the purposes of selecting vessels for observer deployment, a 
vessel fishing in either of the U.S./Canada Management Areas specified 
in paragraph (a)(1) of this section must provide notice to NMFS of the 
vessel name; contact name for coordination of observer deployment; 
telephone number for contact; and the date, time, and port of departure, 
at least 48 hr prior to the beginning of any trip that it declares into 
the U.S./Canada Management Area as required under this paragraph 
(a)(3)(ii).
    (iii) Gear requirements. A NE multispecies vessel fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section, unless otherwise provided in paragraphs (b)(6) and (8) of 
this section, must fish with a Ruhle trawl, as described in paragraph 
(b)(6)(iv)(J)(1) of this section, or a haddock separator trawl, or a 
flounder trawl net, as described in paragraphs (a)(3)(iii)(A) and (B) of 
this section (all three nets may be onboard the fishing vessel 
simultaneously). Unless otherwise restricted by Sec. 648.80(n), gear 
other than the Ruhle trawl, haddock separator trawl, or the flounder 
trawl net, or gear authorized under paragraphs (b)(6) and (8) of this 
section, may be on board the vessel

[[Page 779]]

during a trip to the Eastern U.S./Canada Area, provided the gear is 
stowed and not available for immediate use as defined in Sec. 648.2. 
The description of the haddock separator trawl and the flounder trawl 
net, and the description of the Ruhle trawl may be further specified by 
the Regional Administrator through publication of such specifications in 
the Federal Register, in a manner consistent with the Administrative 
Procedure Act.
    (A) Haddock Separator Trawl. A haddock separator trawl is defined as 
a groundfish trawl modified to a vertically oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large mesh separating panel constructed with a minimum of 6.0 inch (15.2 
cm) diamond mesh must be installed between the selvedges joining the 
upper and lower panels, as described in paragraph (a)(3)(iii)(A) and (B) 
of this section, extending forward from the front of the trouser 
junction to the aft edge of the first belly behind the fishing circle.
    (1) Two-seam bottom trawl nets--For two seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 80-85 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 160-170 meshes wide.
    (2) Four-seam bottom trawl nets--For four seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 90-95 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 180-190 meshes wide. The separator panel will be attached to 
both of the side panels of the net along the midpoint of the side 
panels. For example, if the side panel is 100 meshes tall, the separator 
panel must be attached at the 50th mesh.
    (B) Flounder Trawl Net. A flounder trawl net is defined as bottom 
trawl gear meeting one of the following two net descriptions:
    (1) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), where the maximum footrope length is 
not greater than 105 ft (32.0 m) and the headrope is at least 30 percent 
longer than the footrope. The footrope and headrope lengths shall be 
measured from the forward wing end.
    (2) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), with the exception that the top 
panel of the net contains a section of mesh at least 10 ft (3.05 m) long 
and stretching from selvedge to selvedge, composed of at least 12-in 
(30.5-cm) mesh that is inserted no farther than 4.5 meshes behind the 
headrope.
    (iv) Harvest controls. Unless otherwise specified in this paragraph 
(a)(3)(iv), any NE multispecies vessel fishing in the U.S./Canada 
Management Areas is subject to the following restrictions. For common 
pool vessels, the trip limits specified in this paragraph (a)(3)(iv) are 
in addition to any other possession or landing limits applicable to 
vessels not fishing in the U.S./Canada Management Areas. A sector vessel 
is subject to the trip limits specified in Sec. 648.87(b)(1)(ix).
    (A) Cod landing limit restrictions. Notwithstanding other applicable 
possession and landing restrictions under this part, a common pool 
vessel fishing in the Eastern U.S./Canada Area described in paragraph 
(a)(1)(ii) of this section may not land more than 500 lb (226.8 kg) of 
cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. A 
vessel fishing in the Eastern U.S./Canada Area may be further restricted 
by participation in other Special Management Programs, as required under 
this section.
    (1) Initial cod landing limit. Unless modified pursuant to paragraph 
(a)(3)(iv)(D) of this section, notwithstanding other applicable 
possession and landing restrictions under this part, a common pool 
vessel fishing in the Eastern U.S./Canada Area described in paragraph 
(a)(1)(ii) of this section may not land more than 500 lb (226.8

[[Page 780]]

kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) per 
trip. A vessel fishing in the Eastern U.S./Canada Area may be further 
restricted by participation in other Special Management Programs, as 
required under this section.
    (2) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for cod specified in paragraph (a)(2) of this section will be 
harvested, NMFS shall, in a manner consistent with the Administrative 
Procedure Act, close the Eastern U.S./Canada Area to all limited access 
NE multispecies DAS and sector vessels subject to that particular TAC 
allocation, as specified in paragraph (a)(3)(iv)(E) of this section, by 
prohibiting such vessels and all other vessels not issued a limited 
access NE multispecies permit from entering or being in this area and 
from harvesting, possessing, or landing cod in or from the Eastern U.S./
Canada Area during the closure period.
    (B) Haddock landing limit--(1) Initial haddock landing limit. The 
initial haddock landing limit for common pool vessels is specified in 
Sec. 648.86(a), unless adjusted pursuant to paragraphs (a)(3)(iv)(B)(2) 
and (3) of this section.
    (2) Implementation of haddock landing limit for Eastern U.S./Canada 
Area. When the Regional Administrator projects that 70 percent of the 
haddock TAC allocation specified for common pool vessels, as described 
in paragraph (a)(2) of this section, will be harvested, NMFS shall 
implement, in a manner consistent with the Administrative Procedure Act, 
a haddock trip limit for common pool vessels fishing in the Eastern 
U.S./Canada Area of 1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 
kg) per trip.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for haddock distributed to either common pool vessels or a 
particular sector, as specified in paragraph (a)(2) of this section, 
will be harvested, NMFS shall, in a manner consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to all 
limited access NE multispecies vessels subject to that particular TAC 
allocation, as specified in paragraph (a)(3)(iv)(E) of this section, and 
prohibit such vessels and all other vessels not issued a limited access 
NE multispecies permit from harvesting, possessing, or landing haddock 
in or from the Eastern U.S./Canada Area.
    (C) Yellowtail flounder landing limit--(1) Initial yellowtail 
flounder landing limit. Unless further restricted under paragraphs 
(a)(3)(iv)(C)(2) or (D) of this section (gear performance incentives), 
or modified pursuant to paragraph (a)(3)(iv)(D) of this section, there 
is no initial limit to the amount of yellowtail flounder that could be 
landed for each fishing year.
    (2) Regional Administrator authority to adjust the yellowtail 
flounder landing limit mid-season. If, based upon available information, 
the Regional Administrator projects that the yellowtail flounder catch 
may exceed the yellowtail flounder TAC for a fishing year, the Regional 
Administrator may implement, adjust, or remove the yellowtail flounder 
landing limit at any time during that fishing year in order to prevent 
yellowtail flounder catch from exceeding the TAC, or to facilitate 
harvesting the TAC, in a manner consistent with the Administrative 
Procedure Act. If, based upon available information, the Regional 
Administrator projects that the yellowtail flounder catch is less than 
90 percent of the TAC, the Regional Administrator may adjust or remove 
the yellowtail flounder landing limit at any time during the fishing 
year in order to facilitate the harvest of the TAC, in a manner 
consistent with the Administrative Procedure Act. The Regional 
Administrator may specify yellowtail flounder trip limits that apply to 
the entire U.S./Canada Management Area or to only the Western or Eastern 
Area.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for yellowtail flounder distributed to either common pool 
vessels or a particular sector, as specified in paragraph (a)(2) of this 
section, will be harvested, NMFS shall, in a manner consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada

[[Page 781]]

Area to all limited access NE multispecies vessels subject to that 
particular TAC allocation, as specified in paragraph (a)(3)(iv)(E) of 
this section, and prohibit such vessels and all other vessels not issued 
a limited access NE multispecies permit from harvesting, possessing, or 
landing yellowtail flounder from the U.S./Canada Management Area.
    (4) Yellowtail flounder landing limit for vessels fishing both 
inside and outside the Western U.S./Canada Area on the same trip. A 
vessel fishing both inside and outside of the Western U.S./Canada Area 
on the same trip, as allowed under paragraph (a)(3)(ii)(B) of this 
section, is subject to the most restrictive landing limits that apply to 
any of the areas fished, for the entire trip.
    (D) Other restrictions or inseason adjustments. In addition to the 
possession restrictions specified in paragraph (a)(3)(iv) of this 
section, the Regional Administrator, in a manner consistent with the 
Administrative Procedure Act, may modify the gear requirements, modify 
or close access to the U.S./Canada Management Areas, or modify the total 
number of trips into the U.S./Canada Management Area, to prevent over-
harvesting or to facilitate achieving the TAC specified in paragraph 
(a)(2) of this section. Such adjustments may be made at any time during 
the fishing year, or prior to the start of the fishing year. If 
necessary to give priority to using Category A DAS versus using Category 
B DAS, the Regional Administrator may implement different management 
measures for vessels using Category A DAS than for vessels using 
Category B DAS. If the Regional Administrator, under this authority, 
requires use of a particular gear type in order to reduce catches of 
stocks of concern, unless further restricted elsewhere in this part, the 
following gear performance incentives will apply: Possession of 
flounders (all species combined), monkfish, and skates is limited to 500 
lb (226.8 kg) (whole weight) each (i.e., no more than 500 lb (226.8 kg) 
of all flounders, no more than 500 lb (226.8 kg) of monkfish, and no 
more than 500 lb (226.8 kg) of skates), and possession of lobsters is 
prohibited.
    (E) Closure of Eastern U.S./Canada Area. Based upon available 
information, when the Regional Administrator projects that any 
individual TAC allocation for NE multispecies common pool or sectors 
specified in paragraph (a)(2)(iii) of this section will be caught, NMFS 
shall close, in a manner consistent with the Administrative Procedure 
Act, the Eastern U.S./Canada Area to all vessels subject to that 
particular TAC allocation, unless otherwise allowed under this paragraph 
(a)(3)(iv)(E). For example, if the Eastern GB cod TAC specified for 
common pool vessels is projected to be caught, NMFS shall close the 
Eastern U.S./Canada Area to all common pool vessels operating under a NE 
multispecies DAS. Should the Eastern U.S./Canada Area close as described 
in this paragraph (a)(3)(iv)(E), common pool vessels fishing under a DAS 
may continue to fish in a SAP within the Eastern U.S./Canada Area, 
provided that the TAC for the target stock identified for that 
particular SAP (i.e., haddock for the Eastern U.S./Canada Haddock SAP or 
haddock or yellowtail flounder for the CA II Yellowtail Flounder/Haddock 
SAP) has not been fully harvested. A vessel fishing on a sector trip may 
only fish in a SAP if that vessel's sector has ACE available for all 
stocks caught in that SAP. For example, should the GB cod TAC allocation 
specified for common pool vessels in paragraph (a)(2)(iii) of this 
section be attained, and the Eastern U.S./Canada Area closure 
implemented for common pool vessels, common pool vessels could continue 
to fish for yellowtail flounder within the SAP identified as the Closed 
Area II Yellowtail Flounder/Haddock SAP, described in paragraph (b)(3) 
of this section, in accordance with the requirements of that program. 
Upon closure of the Eastern U.S./Canada Area, vessels may transit 
through this area as described in paragraph (a)(1)(ii) of this section, 
provided that its gear is stowed and not available for immediate use as 
defined in Sec. 648.2, unless otherwise restricted under this part.
    (v) Reporting. (A) The owner or operator of a common pool vessel 
must submit reports via VMS, in accordance with instructions provided by 
the Regional Administrator, for each day of

[[Page 782]]

the fishing trip when declared into either of the U.S./Canada Management 
Areas. The owner or operator of a sector vessel must submit daily 
reports via VMS, in accordance with instructions provided by the 
Regional Administrator, for each day of the fishing trip when declared 
into the Eastern U.S./Canada Area. Vessels subject to the daily 
reporting requirement must report daily for the entire fishing trip, 
regardless of what areas are fished. The reports must be submitted in 
24-hr intervals for each day, beginning at 0000 hr and ending at 2359 
hr, and must be submitted by 0900 hr of the following day, or as 
instructed by the Regional Administrator. The reports must include at 
least the following information:
    (1) VTR serial number or other universal ID specified by the 
Regional Administrator;
    (2) Date fish were caught and statistical area in which fish were 
caught; and
    (3) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, American plaice, redfish, Atlantic 
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds, 
live weight) in each broad stock area, specified in Sec. 648.10(k)(3), 
as instructed by the Regional Administrator.
    (B) The Regional Administrator may remove or modify the reporting 
requirement for sector vessels in Sec. 648.85(a)(3)(v) in a manner 
consistent with the Administrative Procedure Act.
    (vi) Withdrawal from U.S./Canada Resource Sharing Understanding. At 
any time, the Regional Administrator, in consultation with the Council, 
may withdraw from the provisions of the U.S./Canada Resource Sharing 
Understanding described in this section, if the Understanding is 
determined to be inconsistent with the goals and objectives of the FMP, 
the Magnuson-Stevens Act, or other applicable law. If the United States 
withdraws from the Understanding, the implementing measures, including 
TACs, remain in place until changed through the framework or FMP 
amendment process.
    (vii) Transiting. A NE multispecies vessel that has declared into 
the Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of this 
section, and that is not fishing in the CA II Yellowtail Flounder/
Haddock SAP described in paragraph (b)(3) of this section, may transit 
the CA II Yellowtail Flounder/Haddock SAP Area, as described in 
paragraph (b)(3)(ii) of this section, provided all fishing gear is 
stowed and not available for immediate use as defined in Sec. 648.2.
    (b) Special Access Programs. A SAP is a narrowly defined fishery 
that results in increased access to a stock that, in the absence of such 
authorization, would not be allowed due to broadly applied regulations. 
A SAP authorizes specific fisheries targeting either NE multispecies 
stocks or non-multispecies stocks in order to allow an increased yield 
of the target stock(s) without undermining the achievement of the goals 
of the NE Multispecies FMP. A SAP should result in a harvest level that 
more closely approaches OY, without compromising efforts to rebuild 
overfished stocks, end overfishing, minimize bycatch, or minimize impact 
on EFH. Development of a SAP requires a relatively high level of fishery 
dependent and fishery independent information in order to be consistent 
with this rationale.
    (1) SAPs harvesting NE multispecies. A SAP to harvest NE 
multispecies may be proposed by the Council and approved by NMFS through 
the framework process described under Sec. 648.90.
    (2) SAPs harvesting stocks other than NE multispecies. A SAP to 
harvest stocks of fish other than NE multispecies (non-multispecies SAP) 
may be proposed by the Council and approved by NMFS through the 
framework process described under Sec. 648.90.
    (3) Closed Area II Yellowtail Flounder/Haddock SAP--(i) Eligibility. 
Any vessel issued a valid limited access NE multispecies permit fishing 
under a NE multispecies DAS or on a sector trip, provided the sector to 
which the vessel belongs has been allocated ACE for all stocks that may 
be caught within the Eastern U.S./Canada Area pursuant to Sec. 
648.87(b)(1)(i), are eligible to participate in the Closed Area II 
Yellowtail Flounder/Haddock SAP, and may fish in the Closed Area II 
Yellowtail Flounder/Haddock Access Area, as described

[[Page 783]]

in paragraph (b)(3)(ii) of this section, for the period specified in 
paragraph (b)(3)(iii) of this section, provided the Eastern U.S./Canada 
Area, as described in paragraph (a)(1)(ii) of this section, is not 
closed according to the provisions specified in paragraph (a)(3)(iv)(E) 
of this section, or that the sector to which a vessel belongs no longer 
has ACE available for all stocks caught within the Eastern U.S./Canada 
Area pursuant to Sec. 648.87(b)(1)(i). All eligible vessels must comply 
with the requirements of this section, unless otherwise specified in 
this paragraph (b)(3).
    (ii) Closed Area II Yellowtail Flounder/Haddock SAP Area. The Closed 
Area II Yellowtail Flounder/Haddock SAP Area is the area defined by 
straight lines connecting the following points in the order stated:

           Closed Area II Yellowtail Flounder/Haddock SAP Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
Ytail 1........................  41 deg.30'           67 deg.20'
Ytail 2........................  41 deg.30'           66 deg.34.8'
G5.............................  41 deg.18.6'         66 deg.24.8'1
CII 2..........................  41 deg.00'           66 deg.35.8'
CII 1..........................  41 deg.00'           67 deg.20'
Ytail 1........................  41 deg.30'           67 deg.20'
------------------------------------------------------------------------

    (iii) Season--(A) Season when the CA II Yellowtail Flounder/Haddock 
SAP is open to target yellowtail flounder. When the CA II Yellowtail 
Flounder/Haddock SAP is open to target yellowtail flounder, as specified 
in paragraph (b)(3)(vii) of this section, eligible vessels may fish in 
the Closed Area II Yellowtail Flounder/Haddock SAP from July 1 through 
December 31.
    (B) Season when the CA II Yellowtail Flounder/Haddock SAP is open 
only to target haddock. When the CA II Yellowtail Flounder/Haddock SAP 
is open only to target haddock, as specified in paragraph (b)(3)(vii) of 
this section, eligible vessels may fish in the CA II Yellowtail 
Flounder/Haddock SAP from August 1 through January 31.
    (iv) VMS requirement. All NE multispecies vessels fishing in the 
U.S./Canada Management Areas described in paragraph (a)(1) of this 
section must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. Sec. 648.9 and 
648.10.
    (v) Declaration. For the purposes of selecting vessels for observer 
deployment, a vessel must provide notice to NMFS of the vessel name; 
contact name for coordination of observer deployment; telephone number 
for contact; date, time and port of departure; and special access 
program to be fished, at least 48 hr prior to the beginning of any trip 
that it declares into the SAP as required under this paragraph 
(b)(3)(v). To fish in the Closed Area II Yellowtail Flounder/Haddock 
SAP, a vessel must declare into this area through the VMS prior to 
departure from port, in accordance with instructions provided by the 
Regional Administrator. A vessel declared into the Closed Area II 
Yellowtail Flounder/Haddock SAP may also fish in the area outside the 
Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of this 
section, on the same trip, provided the vessel also declares into this 
area prior to departure from port and fishes under the most restrictive 
DAS counting requirements specified in Sec. 648.10(e)(5), trip limits, 
and reporting requirements for the areas fished during the entire trip.
    (vi) Number of trips per vessel--(A) Number of trips allowed when 
the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail 
flounder. When the CA II Yellowtail Flounder/Haddock SAP is open to 
target yellowtail flounder, as specified in paragraph (b)(3)(vii) of 
this section, eligible common pool vessels are restricted to one trip 
per calendar month during the season described in paragraph (b)(3)(iii) 
of this section.
    (B) Number of trips allowed when the CA II Yellowtail Flounder/
Haddock SAP is open only to target haddock. When the CA II Yellowtail 
Flounder/Haddock SAP is open only to target haddock, as specified in 
paragraph (b)(3)(vii) of this section, there is no limit on the number 
of trips that can be taken by eligible vessels during the season 
described in paragraph (b)(3)(iii) of this section.
    (vii) Opening criteria--(A) Opening the CA II Yellowtail Flounder/
Haddock SAP to target yellowtail flounder. Unless otherwise authorized 
by the Regional Administrator, as specified in paragraph (a)(3)(iv)(D) 
of this section, the total number of allowed trips by common

[[Page 784]]

pool vessels that may be declared into the Closed Area II Yellowtail 
Flounder/Haddock SAP for each fishing year shall be as announced by the 
Regional Administrator on or about June 1, after consultation with the 
Council, in a manner consistent with the Administrative Procedure Act. 
Except as provided in paragraph (b)(3)(vii)(B) of this section, the 
total number of trips by all common pool vessels that may be declared 
into this SAP when the SAP is open to target yellowtail flounder shall 
not exceed 320 per year. When determining the total number of trips, the 
Regional Administrator shall consider the available yellowtail flounder 
TAC under the U.S./Canada Resource Sharing Understanding, the potential 
catch of GB yellowtail flounder by all vessels fishing outside of the 
SAP, recent discard estimates in all fisheries that catch yellowtail 
flounder, the expected number of SAP participants, and any other 
available information. If the Regional Administrator determines that the 
available catch, as determined by subtracting the potential catch of GB 
yellowtail flounder by all vessels outside of the SAP from the GB 
yellowtail flounder TAC allocation specified in paragraph (a)(2) of this 
section, is insufficient to allow for at least 150 trips with a 
possession limit of 15,000 lb (6,804 kg) of yellowtail flounder per 
trip, the Regional Administrator may choose not to authorize any trips 
into the SAP during a fishing year.
    (B) Opening the CA II Yellowtail/Haddock SAP to only target haddock. 
If the CA II Yellowtail Flounder/Haddock SAP is not open to targeting 
yellowtail flounder due to an insufficient amount of yellowtail flounder 
TAC, or because the maximum number of trips allowed into the CA II 
Yellowtail Flounder/Haddock SAP to target yellowtail flounder has been 
achieved pursuant to paragraph (b)(3)(vii)(A) of this section, eligible 
vessels may target haddock in the CA II Yellowtail Flounder/Haddock 
Access Area, as specified in paragraph (b)(3)(ii) of this section, 
provided the Eastern GB haddock TAC specified in paragraph (a)(2) of 
this section has not been caught, the Eastern U.S./Canada Area is not 
closed pursuant to paragraph (a)(3)(iv)(D) of this section; and, for 
vessels on a sector trip, the sector to which the sector vessel belongs 
has ACE remaining for the stocks caught in the Eastern U.S./Canada Area.
    (viii) Trip limits. Vessels subject to the provisions of the common 
pool that are fishing in the Closed Area II Yellowtail Flounder/Haddock 
SAP are subject to the following trip limits, unless otherwise 
restricted in this part. Vessels subject to the restrictions and 
conditions of an approved sector operations plan fishing in the Closed 
Area II Yellowtail Flounder/Haddock SAP are subject to the trip limits 
specified in Sec. 648.87(b)(1)(ix).
    (A) Yellowtail flounder trip limit--(1) Trip limits when the CA II 
Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder. 
Unless otherwise authorized by the Regional Administrator as specified 
in paragraph (a)(3)(iv)(D) of this section, when the CA II Yellowtail 
Flounder/Haddock SAP is open to target yellowtail flounder, as specified 
in paragraph (b)(3)(vii) of this section, a vessel subject to the 
provisions of the common pool that is fishing in the CA II Yellowtail 
Flounder/Haddock SAP may fish for, possess, and land up to 10,000 lb 
(4,536 kg) of yellowtail flounder per trip. The Regional Administrator 
may adjust this limit to a maximum of 30,000 lb (13,608 kg) per trip 
after considering the factors listed in paragraph (b)(3)(vii) of this 
section for the maximum number of trips.
    (2) Trip limits when the CA II Yellowtail Flounder/Haddock SAP is 
open to target haddock. Unless otherwise specified by the Regional 
Administrator pursuant to paragraph (a)(3)(iv)(D) of this section, when 
the CA II Yellowtail Flounder/Haddock SAP is only open to target 
haddock, as specified in paragraph (b)(3)(vii) of this section, the trip 
limit for yellowtail flounder is specified in paragraph (b)(3)(viii)(C) 
of this section.
    (B) Cod and haddock trip limit. Unless otherwise restricted, a 
common pool vessel fishing any portion of a trip in the Closed Area II 
Yellowtail Flounder/Haddock SAP on a NE multispecies DAS may not fish 
for, possess, or land more than 1,000 lb (453.6 kg) of cod per

[[Page 785]]

trip, regardless of trip length. A common pool vessel fishing on a NE 
multispecies DAS in the Closed Area II Yellowtail Flounder/Haddock SAP 
is subject to the haddock requirements described in Sec. 648.86(a), 
unless further restricted under paragraph (a)(3)(iv) of this section.
    (C) Other species trip limits. A common pool vessel fishing on a NE 
multispecies DAS in the CA II Yellowtail Flounder/Haddock SAP using a 
haddock separator trawl, a Ruhle trawl, or any other gear specified 
pursuant to paragraph (b)(3)(x)(B) must comply with the trip limits 
specified in Sec. 648.86, unless further restricted by the trip limits 
specified in paragraph (e) of this section.
    (ix) Area fished. Eligible vessels that have declared a trip into 
the Closed Area II Yellowtail Flounder/Haddock SAP, and other areas as 
specified in paragraph (b)(3)(v) of this section, may not fish for, 
possess, or land fish in or from outside of the declared area during the 
same trip.
    (x) Gear requirements--(A) Approved gear. When the CA II Yellowtail 
Flounder/Haddock SAP is open to target yellowtail flounder, as specified 
in paragraph (b)(3)(vii) of this section, NE multispecies vessels 
fishing with trawl gear must use a haddock separator trawl or a flounder 
trawl net, as described in paragraph (a)(3)(iii) of this section, or the 
Ruhle trawl, as described in paragraph (b)(6)(iv)(J)(3) of this section 
(all three nets may be onboard the fishing vessel simultaneously). When 
this SAP is only open to target haddock, NE multispecies vessels must 
use a haddock separator trawl, a Ruhle trawl, or hook gear. Gear other 
than the haddock separator trawl, the flounder trawl, or the Ruhle trawl 
may be on board the vessel during a trip to the Eastern U.S./Canada Area 
outside of the CA II Yellowtail Flounder/Haddock SAP, provided the gear 
is stowed and not available for immediate use as defined in Sec. 648.2.
    (B) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the CA II Yellowtail Flounder/
Haddock SAP in accordance with the standards and requirements specified 
in paragraph (b)(6)(iv)(J)(2) of this section.
    (xi) No-discard provision and DAS flips. A vessel fishing in the CA 
II Yellowtail Flounder/Haddock SAP under a NE multispecies DAS or on a 
sector trip may not discard legal-sized regulated NE multispecies, 
unless the possession of the species is prohibited pursuant to Sec. 
648.86, or unless otherwise specified in this paragraph (b)(3)(xi). A 
vessel may discard Atlantic halibut exceeding the one fish per trip 
possession limit. If a vessel fishing in the CA II Yellowtail Flounder/
Haddock SAP exceeds an applicable trip limit, the vessel must exit the 
SAP. If a common pool vessel operator fishing in the CA II Yellowtail 
Flounder/Haddock SAP under a Category B DAS harvests and brings on board 
more legal-sized regulated NE multispecies or Atlantic halibut than the 
maximum landing limits allowed per trip, as specified in paragraph 
(b)(3)(iv) or (viii) of this section, or in Sec. 648.86, the vessel 
operator must immediately notify NMFS via VMS to initiate a DAS flip 
(from a Category B DAS to a Category A DAS). Once this notification has 
been received by NMFS, the vessel's entire trip will accrue as a 
Category A DAS trip. For a vessel that notifies NMFS of a DAS flip, the 
Category B DAS that have accrued between the time the vessel started 
accruing Category B DAS (i.e., either at the beginning of the trip, or 
at the time the vessel crossed into the Eastern U.S./Canada Area) and 
the time the vessel declared its DAS flip shall be accrued as Category A 
DAS, and not Category B DAS.
    (xii) Minimum Category A DAS. For vessels fishing under a Category B 
DAS, the number of Category B DAS that can be used on a trip cannot 
exceed the number of available Category A DAS the vessel has at the 
start of the trip.
    (xiii) Catch distribution. All catch of GB haddock from vessels 
declared into the CA II Yellowtail Flounder/Haddock SAP shall be applied 
against the Eastern GB haddock TAC, as specified in paragraph (a)(2) of 
this section, for either common pool vessels or individual approved 
sectors.
    (4) [Reserved]
    (5) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(5), Incidental Catch TACs shall be

[[Page 786]]

based upon the portion of the ACL for a stock specified for the common 
pool vessels pursuant to Sec. 648.90(a)(4), and allocated as described 
in this paragraph (b)(5), for each of the following stocks: GOM cod, GB 
cod, GB yellowtail flounder, CC/GOM yellowtail flounder, American 
plaice, SNE/MA winter flounder, and witch flounder. Because GB 
yellowtail flounder and GB cod are transboundary stocks, the incidental 
catch TACs for these stocks shall be based upon the common pool portion 
of the ACL available to U.S. vessels. NMFS shall send letters to limited 
access NE multispecies permit holders notifying them of such TACs.
    (i) Stocks other than GB cod and GB yellowtail flounder. With the 
exception of GB cod and GB yellowtail flounder, 100 percent of the 
Incidental Catch TACs specified in this paragraph (b)(5) shall be 
allocated to the Regular B DAS Program described in paragraph (b)(6) of 
this section.
    (ii) GB cod. The Incidental Catch TAC for GB cod specified in this 
paragraph (b)(5) shall be subdivided as follows: 50 percent to the 
Regular B DAS Program described in paragraph (b)(6) of this section; 16 
percent to the CA I Hook Gear Haddock SAP described in paragraph (b)(7) 
of this section; and 34 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder. The Incidental Catch TAC for GB 
yellowtail flounder specified in this paragraph (b)(5) shall be 
subdivided as follows: 50 percent to the Regular B DAS Program described 
in paragraph (b)(6) of this section and 50 percent to the Eastern U.S./
Canada Haddock SAP described in paragraph (b)(8) of this section.
    (6) Regular B DAS Pilot Program--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit and allocated Regular B 
DAS are eligible to participate in the Regular B DAS Program, and may 
elect to fish under a Regular B DAS, provided they comply with the 
requirements and restrictions of this paragraph (b)(6), and provided the 
use of Regular B DAS is not restricted according to paragraphs 
(b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels 
are required to comply with the no discarding and DAS flip requirements 
specified in paragraph (b)(6)(iv)(E) of this section, and the DAS 
balance and accrual requirements specified in paragraph (b)(6)(iv)(F) of 
this section. Vessels may fish under the B Regular DAS Program and in 
the U.S./Canada Management Area on the same trip, but may not fish under 
the Regular B DAS Program and in a SAP on the same trip.
    (ii) [Reserved]
    (iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs 
specified in accordance with paragraph (b)(5) of this section shall be 
divided into quarterly catch TACs as follows: The first quarter shall 
receive 13 percent of the Incidental Catch TACs and the remaining 
quarters shall each receive 29 percent of the Incidental Catch TACs. 
NMFS shall send letters to all limited access NE multispecies permit 
holders notifying them of such TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(6)(i) of this section must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified in 
Sec. Sec. 648.9 and 648.10.
    (B) Observer notification. For the purposes of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; the date, time, and port of departure; and the 
planned fishing area or areas (GOM, GB, or SNE/MA) at least 48 hr prior 
to the beginning of any trip declared into the Regular B DAS Program as 
required by paragraph (b)(6)(iv)(C) of this section, and in accordance 
with the Regional Administrator's instructions. Providing notice of the 
area that the vessel intends to fish does not restrict the vessel's 
activity on that trip to that area only (i.e., the vessel operator may 
change his/her plans regarding planned fishing areas).
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via VMS 
prior to departure from port, in accordance with instructions provided 
by the Regional Administrator. A vessel declared into

[[Page 787]]

the Regular B DAS Program cannot fish in an approved SAP described under 
this section on the same trip. Mere declaration of a Regular B DAS 
Program trip does not reserve a vessel's right to fish under the 
Program, if the vessel has not crossed the VMS demarcation line.
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(6)(iv)(D), or restricted pursuant to Sec. 648.86, a NE multispecies 
vessel fishing in the Regular B DAS Program described in this paragraph 
(b)(6), and fishing under a Regular B DAS, may not land more than 100 lb 
(45.5 kg) per DAS, or any part of a DAS, up to a maximum of 1,000 lb 
(454 kg) per trip, of any of the following species/stocks from the areas 
specified in paragraph (b)(6)(v) of this section: Cod (both GOM and GB), 
American plaice, witch flounder, SNE/MA winter flounder, and GB 
yellowtail flounder; and may not land more than 25 lb (11.3 kg) per DAS, 
or any part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/
GOM yellowtail flounder. In addition, trawl vessels, which are required 
to fish with a haddock separator trawl, as specified in paragraph 
(a)(3)(iii)(A) of this section, or a Ruhle trawl, as specified in 
paragraph (b)(6)(iv)(J) of this section, and other gear that may be 
required in order to reduce catches of stocks of concern as described in 
paragraph (b)(6)(iv)(J) of this section, are restricted to the trip 
limits specified in paragraph (e) of this section.
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated species, ocean pout, or monkfish. This prohibition on 
discarding does not apply in areas or times where the possession or 
landing of regulated species or ocean pout is prohibited, as specified 
in Sec. Sec. 648.85 and 648.86. If such a vessel harvests and brings on 
board legal-sized regulated species or ocean pout in excess of the 
allowable landing limits specified in paragraph (b)(6)(iv)(D) of this 
section or Sec. 648.86, the vessel operator must notify NMFS 
immediately via VMS to initiate a DAS flip from a B DAS to an A DAS. 
Once this notification has been received by NMFS, the vessel shall 
automatically be switched by NMFS to fishing under a Category A DAS for 
its entire fishing trip. Thus, any Category B DAS that accrued between 
the time the vessel declared into the Regular B DAS Program at the 
beginning of the trip (i.e., at the time the vessel crossed the 
demarcation line at the beginning of the trip) and the time the vessel 
declared its DAS flip shall be accrued as Category A DAS, and not 
Regular B DAS. After flipping to a Category A DAS, the vessel is subject 
to the applicable trip limits specified in Sec. 648.85(a) or Sec. 
648.86 and may discard fish in excess of the applicable trip limits.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that may be 
used on a trip cannot exceed the number of Category A DAS that the 
vessel has at the start of the trip. If a vessel is fishing in an area 
subject to differential DAS counting pursuant to Sec. 648.82(n)(1), the 
number of Regular B DAS that may be used on a trip cannot exceed the 
number of Category A DAS that the vessel has at the start of the trip 
divided by the applicable differential DAS counting factor specified in 
Sec. 648.82(n)(1)(ii). For example, if a vessel plans a trip under the 
Regular B DAS Program in the Inshore GOM Differential DAS Area during a 
fishing year in which the area is subject to a differential DAS counting 
factor of 1.2, and the vessel has 10 Category A DAS available at the 
start of the trip, the maximum number of Regular B DAS that the vessel 
may fish under the Regular B Program is 8 (10 divided by 1.2 = 8.33, but 
since Regular B DAS are charged in 24-hr intervals, 8 Regular B DAS is 
the maximum that can be used for this trip). A vessel fishing in the 
Regular B DAS Program for its entire trip shall accrue DAS in accordance 
with Sec. 648.82(e)(1).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. With the exception of white hake, when the Regional 
Administrator provides notification through rulemaking consistent with 
the Administrative Procedure Act, that 100 percent of one or more of 
quarterly incidental TACs specified

[[Page 788]]

under paragraph (b)(6)(iii) of this section has projected to have been 
harvested, the use of Regular B DAS shall be prohibited in the pertinent 
stock area(s) as defined under paragraph (b)(6)(v) of this section for 
the duration of the calendar quarter. The closure of a stock area to all 
Regular B DAS use will occur even if the quarterly incidental catch TACs 
for other stocks in that stock area have not been completely harvested. 
When the Regional Administrator projects that 100 percent of the 
quarterly white hake incidental catch TAC specified under paragraph 
(b)(6)(iii) of this section has been harvested, vessels fishing under a 
Regular B DAS, or that complete a trip under a Regular B DAS, will be 
prohibited from retaining white hake.
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(6)(iv)(G) of this section, or as 
a result of an action by the Regional Administrator under paragraph 
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner 
consistent with the Administrative Procedure Act, be prohibited when 500 
Regular B DAS have been used during the first quarter of the fishing 
year (May-July), or when 1,000 Regular B DAS have been used during any 
of the remaining quarters of the fishing year, in accordance with Sec. 
648.82(e)(1).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator, for each day 
fished when declared into the Regular B DAS Program. The reports must be 
submitted in 24-hr intervals for each day, beginning at 0000 hr and 
ending at 2359 hr. The reports must be submitted by 0900 hr of the 
following day. For vessels that have declared into the Regular B DAS 
Program in accordance with paragraph (b)(6)(iv)(C) of this section, the 
reports must include at least the following information: VTR serial 
number or other universal ID specified by the Regional Administrator; 
date fish were caught; statistical area fished; and the total pounds of 
cod, haddock, yellowtail flounder, winter flounder, witch flounder, 
pollock, American plaice, redfish, Atlantic halibut, and white hake kept 
in each broad stock area (in pounds, live weight), specified in Sec. 
648.10(k)(3), as instructed by the Regional Administrator. Daily 
reporting must continue even if the vessel operator is required to flip, 
as described in paragraph (b)(6)(iv)(E) of this section.
    (J) Gear requirement. (1) Vessels fishing with trawl gear in the 
Regular B DAS Program must use the haddock separator trawl or Ruhle 
trawl, as described in paragraphs (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of 
this section, respectively, or other type of gear if approved as 
described in this paragraph (b)(6)(iv)(J). When the vessel is fishing 
under the Regular B DAS Program other gear may be on board provided it 
is stowed and not available for immediate use as defined in Sec. 648.2.
    (2) Approval of additional gear. At the request of the Council or 
the Council's Executive Committee, the Regional Administrator may 
authorize additional gear for use in the Regular B DAS Program, through 
notice consistent with the Administrative Procedure Act. The proposed 
gear must satisfy standards specified in paragraph (b)(6)(iv)(J)(2)(i) 
or (ii) of this section in a completed experiment that has been reviewed 
according to the standards established by the Council's research policy 
before the gear can be considered and approved by the Regional 
Administrator. Comparisons of the criteria specified in this paragraph 
(b)(6)(iv)(J)(2) will be made to an appropriately selected control gear.
    (i) The gear must show a statistically significant reduction in 
catch of at least 50 percent (by weight, on a trip-by-trip basis) of 
each regulated species stock of concern, unless otherwise allowed in 
this paragraph (b)(6)(iv)(J)(2)(i), or other non-groundfish stocks that 
are overfished or subject to overfishing identified by the Council. This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards; or
    (ii) The catch of each regulated species stock of concern, unless 
otherwise allowed in this paragraph

[[Page 789]]

(b)(6)(iv)(J)(2)(ii), or other non-groundfish stocks that are overfished 
or subject to overfishing identified by the Council, must be less than 5 
percent of the total catch of regulated groundfish (by weight, on a 
trip-by-trip basis). This requirement does not apply to regulated 
species identified by the Council as not being subject to gear 
performance standards.
    (3) Ruhle Trawl. The Ruhle Trawl is a four-seam bottom groundfish 
trawl designed to reduce the bycatch of cod while retaining or 
increasing the catch of haddock, when compared to traditional groundfish 
trawls. A Ruhle Trawl must be constructed in accordance with the 
standards described and referenced in this paragraph Sec. 
648.85(b)(6)(iv)(J)(3). The mesh size of a particular section of the 
Ruhle Trawl is measured in accordance with Sec. 648.80(f)(2), unless 
insufficient numbers of mesh exist, in which case the maximum total 
number of meshes in the section will be measured (between 2 and 20 
meshes).
    (i) The net must be constructed with four seams (i.e., a net with a 
top and bottom panel and two side panels), and include at least the 
following net sections as depicted in Figure 1 of this part (this figure 
is also available from the Administrator, Northeast Region): Top jib, 
bottom jib, jib side panels ( x 2), top wing, bottom wing, wing side 
panels ( x 2), bunt, square, square side panels ( x 2), first top belly, 
first bottom belly, first belly side panels ( x 2), and second bottom 
belly.
    (ii) The top and bottom jibs, jib side panels, top and bottom wings, 
and wing side panels, bunt, and first bottom belly (the first bottom 
belly and all portions of the net in front of the first bottom belly, 
with the exception of the square and the square side panels) must be at 
least two meshes long in the fore and aft direction. For these net 
sections, the stretched length of any single mesh must be at least 7.9 
ft (240 cm), measured in a straight line from knot to knot.
    (iii) Mesh size in all other sections must be consistent with mesh 
size requirements specified under Sec. 648.80 and meet the following 
minimum specifications: Each mesh in the square, square side panels, and 
second bottom belly must be 31.5 inches (80 cm); each mesh in the first 
top belly, and first belly side panels must be at least 7.9 inches (20 
cm); and 6 inches (15.24 cm) or larger in sections following the first 
top belly and second bottom belly sections, all the way to the codend. 
The mesh size requirements of the top sections apply to the side panel 
sections.
    (iv) The trawl must have at least 15 meshes (240 cm each) at the 
wide end of the first bottom belly, excluding the gore.
    (v) The trawl must have a single or multiple kite panels with a 
total surface area of at least 19.3 sq. ft. (1.8 sq. m) on the forward 
end of the square to help maximize headrope height, for the purpose of 
capturing rising fish. A kite panel is a flat structure, usually semi-
flexible, used to modify the shape of trawl and mesh openings by 
providing lift when a trawl is moving through the water.
    (4) Mesh size. An eligible vessel fishing in the Regular B DAS 
Program within the GB Cod Stock Area as defined in paragraph 
(b)(6)(v)(B) of this section pursuant to paragraph (b)(6) of this 
section must use trawl gear described in this paragraph (b)(6)(iv)(J) 
with a minimum codend mesh size of 6-inch (15.24-cm) square or diamond 
mesh.
    (v) Definition of stock areas. The species stock areas associated 
with the incidental catch TACs for the Regular B DAS Program are defined 
in paragraphs (b)(6)(v)(A) through (K) of this section. Where specified, 
these areas also identify stock areas applicable for trip limits 
specified in Sec. 648.86 and for determining areas applicable to sector 
allocations of ACE pursuant to Sec. 648.87(b). Copies of a chart 
depicting these areas are available from the Regional Administrator upon 
request.
    (A) GOM cod stock area. The GOM cod stock area, for the purposes of 
the Regular B DAS Program and determining areas applicable to sector 
allocations of ACE pursuant to Sec. 648.87(b), is defined as the area 
bounded on the north and west by the coastline of the United States, on 
the east by the U.S./Canadian maritime boundary, and on the south by 
straight lines connecting the following points in the order stated:

[[Page 790]]



                           GOM Cod Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GOM1...........................  (\1\)                70 deg.00'
GOM2...........................  42 deg.20'           70 deg.00'
GOM3...........................  42 deg.20'           67 deg.40'
GOM4...........................  (\2\)                67 deg.40'
GOM5...........................  (\3\)                67 deg.40'
GOM6...........................  43 deg.50'           67 deg.40'
GOM7...........................  43 deg.50'           (\4\)
GOM8...........................  (\4\)                67 deg.00'
GOM9...........................  (\5\)                67 deg.00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and 70
  deg.00' W. long.
\2\ U.S./Canada maritime boundary (southern intersection with 67 deg.40'
  W. long.).
\3\ U.S./Canada maritime boundary (northern intersection with 67 deg.40'
  W. long.).
\4\ U.S./Canada maritime boundary.
\5\ Intersection of the south-facing ME coastline and 67 deg.00' W.
  long.

    (B) GB cod stock area. The GB cod stock area, for the purposes of 
the Regular B DAS Program and determining areas applicable to sector 
allocations of ACE pursuant to Sec. 648.87(b), is the area defined by 
straight lines connecting the following points in the order stated:

                            GB Cod Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GB1............................  (\1\)                70 deg.00'
GB2............................  42 deg.20'           70 deg.00'
GB3............................  42 deg.20'           (\2\)
GB4............................  35 deg.00'           (\2\)
GB5............................  35 deg.00'           (\3\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and 70
  deg.00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of the east-facing coastline of Outer Banks, NC, and 35
  deg.00' N. lat.

    (C) CC/GOM yellowtail flounder stock area. For the purposes of the 
Regular B DAS Program, the CC/GOM yellowtail flounder stock area is the 
area defined by straight lines connecting the following points in the 
order stated:

                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
CCGOM 1........................  43 deg.00'           (\1\)
CCGOM 2........................  43 deg.00'           70 deg.00'
CCGOM 3........................  42 deg.30'           70 deg.00'
CCGOM 4........................  42 deg.30'           69 deg.30'
CCGOM 5........................  41 deg.30'           69 deg.30'
CCGOM 6........................  41 deg.30'           69 deg.00'
CCGOM 7........................  41 deg.00'           69 deg.00'
CCGOM 8........................  41 deg.00'           69 deg.30'
CCGOM 5........................  41 deg.30'           69 deg.30'
CCGOM 9........................  41 deg.30'           70 deg.00'
CCGOM 10.......................  (\2\)                70 deg.00'
CCGOM 11.......................  42 deg.00'           70 deg.00'
CCGOM 12.......................  42 deg.00'           (\3\)
CCGOM 13.......................  42 deg.00'           (\4\)
CCGOM 14.......................  42 deg.00'           (\5\)
------------------------------------------------------------------------
\1\ Intersection with the NH coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Cape Cod, MA.
\5\ Intersection with the east-facing shoreline of Massachusetts.

    (D) American plaice stock area. The American plaice stock area, for 
the purposes of the Regular B DAS Program and determining areas 
applicable to sector allocations of ACE pursuant to Sec. 648.87(b), is 
the area defined by straight lines connecting the following points in 
the order stated:

                       American Plaice Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
AMP1...........................  (\1\)                67 deg.00'
AMP2...........................  (\2\)                67 deg.00'
AMP3...........................  43 deg.50'           (\2\)
AMP4...........................  43 deg.50'           67 deg.40'
AMP5...........................  (\3\)                67 deg.40'
AMP6...........................  (\4\)                67 deg.40'
AMP7...........................  42 deg.30'           67 deg.40'
AMP8...........................  42 deg.30'           (\2\)
AMP9...........................  35 deg.00'           (\2\)
AMP10..........................  35 deg.00'           (\5\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67 deg.00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ U.S./Canada maritime boundary (northern intersection with 67 deg.40'
  N. lat.).
\4\ U.S./Canada maritime boundary (southern intersection with 67 deg.40'
  N. lat.)
\5\ Intersection of east-facing coastline of Outer Banks, NC, and 35
  deg.00' N. lat.

    (E) SNE/MA yellowtail flounder stock area. For the purposes of the 
Regular B DAS Program, the SNE/MA stock area is the area bounded on the 
north, east, and south by straight lines connecting the following points 
in the order stated:

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
SNEMA1.........................  40 deg.00'           74 deg.00'
SNEMA2.........................  40 deg.00'           72 deg.00'
SNEMA3.........................  40 deg.30'           72 deg.00'
SNEMA4.........................  40 deg.30'           69 deg.30'
SNEMA5.........................  41 deg.10'           69 deg.30'
SNEMA6.........................  41 deg.10'           69 deg.50'
SNEMA7.........................  41 deg.20'           69 deg.50'
SNEMA8.........................  41 deg.20'           (\1\)
SNEMA9.........................  (\2\)                70 deg.00'
SNEMA10........................  41 deg.00'           70 deg.00'
SNEMA11........................  41 deg.00'           70 deg.30'
SNEMA12........................  (\3\)                70 deg.30'

[[Page 791]]

 
SNEMA13........................  (\4\)                72 deg.00'
SNEMA14........................  (\5\)                72 deg.00'
SNEMA15........................  (\6\)                73 deg.00'
SNEMA16........................  40 deg.30'           73 deg.00'
SNEMA17........................  40 deg.30'           74 deg.00'
SNEMA1.........................  40 deg.00'           74 deg.00'
------------------------------------------------------------------------
\1\ East-facing shoreline of Nantucket, MA.
\2\ South-facing shoreline of Nantucket, MA.
\3\ Intersection of the south-facing shoreline of Cape Cod, MA.
\4\ South-facing shoreline of CT.
\5\ North-facing shoreline of Long Island, NY.
\6\ South-facing shoreline of Long Island, NY.

    (F) SNE/MA winter flounder stock area. The SNE winter flounder stock 
area, for the purposes of the Regular B DAS Program and identifying 
stock areas for trip limits specified in Sec. Sec. 648.86 and 648.89 is 
the area defined by straight lines connecting the following points in 
the order stated:

                    SNE/MA Winter Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
1..............................  (\1\)                70 deg.00'
2..............................  42 deg.20'           70 deg.00'
3..............................  42 deg.20'           68 deg.50'
4..............................  39 deg.50'           68 deg.50'
5..............................  39 deg.50'           69 deg.00'
6..............................  39 deg.00'           69 deg.00'
7..............................  39 deg.00'           (\2\)
8..............................  35 deg.00'           (\2\)
9..............................  35 deg.00'           (\3\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing Coastline of Cape Cod, MA, and 70
  deg.00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ The intersection of the east-facing coastline of Outer Banks, NC,
  and 35 deg.00' N. lat.

    (G) Witch flounder stock area. The witch flounder stock area, for 
the purposes of the Regular B DAS Program and determining areas 
applicable to sector allocations of ACE pursuant to Sec. 648.87(b), is 
the area bounded on the north and west by the coastline of the United 
States, bounded on the south and east by a line running east from the 
intersection of the east-facing coastline of Outer Banks, NC, at 
35 deg.00' N. lat. to the boundary of the EEZ, and running northward to 
the U.S.-Canada border.
    (H) GB yellowtail flounder stock area. The GB yellowtail flounder 
stock area, for the purposes of the Regular B DAS Program, identifying 
stock areas for trip limits specified in Sec. 648.86, and determining 
areas applicable to sector allocations of ACE pursuant to Sec. 
648.87(b), is the area bounded by straight lines connecting the 
following points in the order stated:

                    GB Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
USCA1..........................  42 deg.20'           68 deg.50'
USCA16.........................  42 deg.20'           (\1\)
USCA5..........................  39 deg.00'           (\1\)
USCA17.........................  39 deg.00'           69 deg.00'
USCA18.........................  39 deg.50'           69 deg.00'
USCA2..........................  39 deg.50'           68 deg.50'
USCA1..........................  42 deg.20'           68 deg.50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (I) GB winter flounder stock area. The GB winter flounder stock 
area, for the purposes of the Regular B DAS Program, identifying stock 
areas for trip limits specified in Sec. 648.86, and determining areas 
applicable to sector allocations of ACE pursuant to Sec. 648.87(b), is 
the area bounded by straight lines connecting the following points in 
the order stated:

                      GB Winter Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
USCA1..........................  42 deg.20'           68 deg.50'
USCA16.........................  42 deg.20'           (\1\)
USCA5..........................  39 deg.00'           (\1\)
USCA17.........................  39 deg.00'           69 deg.00'
USCA18.........................  39 deg.50'           69 deg.00'
USCA2..........................  39 deg.50'           68 deg.50'
USCA1..........................  42 deg.20'           68 deg.50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (J) White hake stock area. The white hake stock area, for the 
purposes of the Regular B DAS Program, identifying stock areas for trip 
limits specified in Sec. 648.86, and determining areas applicable to 
sector allocations of ACE pursuant to Sec. 648.87(b), is the area 
bounded on the north and west by the coastline of the United States, 
bounded on the south and east by a line running east from the 
intersection of the east-facing coastline of Outer Banks, NC, at 
35 deg.00' N. lat. to the boundary of the EEZ, and running northward to 
the U.S.-Canada border.
    (K) Pollock stock area. The pollock stock area, for the purposes of 
the Regular B DAS Program and determining areas applicable to sector 
allocations of ACE pursuant to Sec. 648.87(b), is the area defined by 
straight lines connecting the following points in the order stated:

[[Page 792]]



                           Pollock Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
P1.............................  (\1\)                67 deg.00'
P2.............................  (\2\)                67 deg.00'
P3.............................  43 deg.50'           (\2\)
P4.............................  43 deg.50'           67 deg.40'
P5.............................  (\3\)                67 deg.40'
P6.............................  (\4\)                67 deg.40'
P7.............................  42 deg.30'           67 deg.40'
P8.............................  42 deg.30'           (\2\)
P9.............................  35 deg.00'           (\2\)
P10............................  35 deg.00'           (\5\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67 deg.00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ U.S./Canada maritime boundary (northern intersection with 67 deg.40'
  N. lat.).
\4\ U.S./Canada maritime boundary (southern intersection with 67 deg.40'
  N. lat.).
\5\ Intersection of east-facing coastline of Outer Banks, NC, and 35
  deg.00' N. lat.

    (vi) Closure of the Regular B DAS Program. The Regional 
Administrator, based upon information required under Sec. Sec. 648.7, 
648.9, 648.10, or 648.85, and any other relevant information may, in a 
manner consistent with the Administrative Procedure Act, prohibit the 
use of Regular B DAS for the duration of a quarter or fishing year, if 
it is projected that continuation of the Regular B DAS Program would 
undermine the achievement of the objectives of the FMP or Regular B DAS 
Program. Reasons for terminating the program include, but are not 
limited to the following: Inability to constrain catches to the 
Incidental Catch TACs; evidence of excessive discarding; a significant 
difference in flipping rates between observed and unobserved trips; or 
insufficient observer coverage to adequately monitor the program.
    (7) CA I Hook Gear Haddock SAP--(i) Eligibility. A vessel issued a 
valid limited access NE multispecies permit operating under a NE 
multispecies DAS or on a sector trip, provided the sector to which the 
vessel belongs has been allocated ACE for all stocks caught within the 
CA I Hook Gear Haddock Access Area pursuant to Sec. 648.87(b)(1)(i), is 
eligible to participate in the CA I Hook Gear Haddock SAP and may fish 
in the CA I Hook Gear Haddock Access Area, as described in paragraph 
(b)(7)(ii) of this section, for the season specified in paragraph 
(b)(7)(iii) of this section, provided any such vessel complies with the 
requirements of this section, the SAP is not closed according to the 
provisions specified in paragraph (b)(7)(iv)(H) or (b)(7)(vi)(F) of this 
section, or the sector in which the vessel is participating no longer 
has ACE available for all stocks caught within the CA I Hook Gear 
Haddock Access Area pursuant to Sec. 648.87(b)(1)(i). Copies of a chart 
depicting this area are available from the Regional Administrator upon 
request.
    (ii) CA I Hook Gear Haddock SAP Area. The CA I Hook Gear Haddock SAP 
Area is the area defined by straight lines connecting the following 
points in the order stated:

                     CA I Hook Gear Haddock SAP Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
Hook 1.........................  41 deg.09'           68 deg.30'
CI4............................  41 deg.30'           68 deg.30'
CI1............................  41 deg.30'           69 deg.23'
Hook 2.........................  41 deg.04'           69 deg.01.1'
------------------------------------------------------------------------

    (iii) Season. The season for the CA I Hook Gear Haddock SAP is May 1 
through January 31.
    (iv) General program restrictions. General program restrictions 
specified in this paragraph (b)(7)(iv) apply to all eligible vessels, as 
specified in paragraph (b)(7)(i) of this section. Further program 
restrictions specific to sector and common pool vessels are specified in 
paragraphs (b)(7)(v) and (vi) of this section, respectively.
    (A) DAS use restrictions. A vessel fishing in the Closed Area I Hook 
Gear Haddock SAP under a NE multispecies DAS may not initiate a DAS 
flip. A vessel is prohibited from fishing in the Closed Area I Hook Gear 
Haddock SAP while making a trip under the Regular B DAS Program 
described in paragraph (b)(6) of this section. DAS will be charged as 
described in Sec. 648.10.
    (B) VMS requirement. An eligible NE multispecies vessel fishing in 
the CA I Hook Gear Haddock SAP specified in this paragraph (b)(7) must 
have installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (C) Observer notifications. For the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer

[[Page 793]]

deployment; telephone number for contact; and date, time, and port of 
departure at least 48 hr prior to the beginning of any trip that it 
declares into the CA I Hook Gear Haddock SAP, as required in paragraph 
(b)(7)(iv)(C) of this section, and in accordance with instructions 
provided by the Regional Administrator.
    (D) VMS declaration. To fish in the CA I Hook Gear Haddock SAP prior 
to departure from port, a vessel must declare into the SAP via VMS, and, 
for a vessel fishing under a NE multispecies DAS, indicate the type of 
DAS that it intends to fish, prior to departure from port, as instructed 
by the Regional Administrator. A vessel declared into the CA I Hook Gear 
Haddock SAP may fish only in the CA I Hook Gear Haddock Special Access 
Area described in paragraph (b)(7)(ii) of this section on a declared 
trip.
    (E) Gear restrictions. A vessel declared into, and fishing in, the 
CA I Hook Gear Haddock SAP may fish with and possess on board demersal 
longline gear or tub trawl gear only, unless further restricted as 
specified in paragraphs (b)(7)(v)(A) and (vi)(B) of this section.
    (F) Haddock TAC. The maximum total amount of haddock that may be 
caught (landings and discards) in the CA I Hook Gear Haddock SAP Area in 
any fishing year is based upon the size of the TAC allocated for the 
2004 fishing year (1,130 mt live weight), adjusted according to the 
growth or decline of the western GB (WGB) haddock exploitable biomass 
(in relationship to its size in 2004), according to the following 
formula: BiomassYEAR X = (1,130 mt live weight) x (Projected WGB Haddock 
ExploitableBiomassYEAR X/WGB Haddock Exploitable Biomass2004). The size 
of the western component of the stock is considered to be 35 percent of 
the total stock size, unless modified by a stock assessment. The 
Regional Administrator shall specify the haddock TAC for the SAP, in a 
manner consistent with the Administrative Procedure Act.
    (G) Trip restrictions. A vessel is prohibited from deploying fishing 
gear outside of the CA I Hook Gear Haddock SAP Area on the same fishing 
trip on which it is declared into the CA I Hook Gear Haddock SAP. A 
vessel operating under a NE multispecies DAS must end the trip if the 
vessel exceeds the applicable landing limits described in paragraphs 
(b)(7)(v)(B) and (b)(7)(vi)(C) of this section.
    (H) Landing limits. For all vessels legally declared into the CA I 
Hook Gear Haddock SAP described in paragraph (b)(7)(i) of this section, 
landing limits for NE multispecies are specified in paragraphs 
(b)(7)(v)(B) and (b)(7)(vi)(C) of this section, respectively. Unless 
otherwise restricted by Sec. 648.86, such vessels are prohibited from 
discarding legal-sized regulated species and ocean pout, and must exit 
the SAP and cease fishing if any trip limit is achieved or exceeded.
    (I) Mandatory closure of CA I Hook Gear Haddock Access Area. When 
the Regional Administrator determines that the haddock TAC specified in 
paragraph (b)(7)(iv)(F) of this section has been caught, NMFS shall 
close, in a manner consistent with the Administrative Procedure Act, the 
CA I Hook Gear Haddock SAP Area as specified in paragraph (b)(7)(ii) of 
this section, to all eligible vessels, including both common pool and 
sector vessels.
    (v) Sector vessel program restrictions. In addition to the general 
program restrictions specified in paragraph (b)(7)(iv) of this section, 
a sector vessel declared into the CA I Hook Gear Haddock SAP is also 
required to comply with the restrictions specified in this paragraph 
(b)(7)(v).
    (A) Gear restrictions. A sector vessel is subject to the gear 
requirements of the sector Operations Plan as approved under Sec. 
648.87(c) and those specified under paragraph (b)(7)(iv)(E) of this 
section.
    (B) Landing limits. A sector vessel declared into the CA I Hook Gear 
Haddock SAP described in paragraph (b)(7)(i) of this section is subject 
to the landing limits for regulated species in effect under the sector's 
Operations Plan, as approved under Sec. 648.87(c).
    (C) Reporting requirements. The owner or operator of a sector vessel 
declared into the CA I Hook Gear Haddock SAP must submit reports to the 
sector Manager, consistent with instructions to be provided by the 
sector Manager, for each day fished in the CA I Hook Gear

[[Page 794]]

Haddock SAP Area. The sector Manager shall provide daily reports to 
NMFS, including at least the following information: Total pounds of 
haddock, cod, yellowtail flounder, winter flounder, witch flounder, 
pollock, ocean pout, Atlantic halibut, Atlantic wolffish, and white hake 
kept; total pounds of haddock, cod, yellowtail flounder, winter 
flounder, witch flounder, pollock, ocean pout, Atlantic halibut, 
Atlantic wolffish, and white hake discarded; date fish were caught; and 
VTR serial numbers for each trip declared into the CA I Hook Gear 
Haddock SAP, as instructed by the Regional Administrator. Daily 
reporting must continue even if the vessel operator is required to exit 
the SAP as required under paragraph (b)(7)(iv)(G) or (H) of this 
section.
    (D) Incidental catch TACs. There are no incidental catch TACs 
specified for regulated species or ocean pout for sector vessels 
declared into the CA I Hook Gear Haddock SAP. All regulated species or 
ocean pout caught by sector vessels fishing in the SAP count toward the 
sector's annual ACE for each stock, as specified in Sec. 
648.87(b)(1)(i).
    (vi) Common pool vessel program restrictions. In addition to the 
general program restrictions specified in paragraph (b)(7)(iv) of this 
section, a common pool vessel declared into the CA I Hook Gear Haddock 
SAP is also required to comply with the restrictions specified in this 
paragraph (b)(7)(vi).
    (A) DAS use restrictions. A common pool vessel may only use Regular 
B or Reserve B DAS, in accordance with Sec. 648.82(d)(2)(i)(A) and 
(d)(2)(ii)(A). A common pool vessel is prohibited from using Category A 
DAS and may not initiate a DAS flip when declared into the SAP. A common 
pool vessel is prohibited from fishing in the CA I Hook Gear Haddock SAP 
while making a trip under the Regular B DAS Program described under 
paragraph (b)(6) of this section. DAS will be charged as described in 
Sec. 648.10.
    (B) Gear restrictions. A common pool vessel is exempt from the 
maximum number of hooks restriction specified in Sec. 648.80(a)(4)(v), 
but must comply with the gear restrictions in paragraph (b)(7)(iv)(E) of 
this section. Such vessels are prohibited from using as bait, or 
possessing on board, squid or mackerel during a trip into the CA I Hook 
Gear Haddock SAP.
    (C) Landing limits. A common pool vessel may not land, fish for, or 
possess on board more than 1,000 lb (453.6 kg) of cod per trip. A common 
pool vessel is not permitted to discard legal-sized cod prior to 
reaching the landing limit, and is required to end its trip if the cod 
trip limit is achieved or exceeded.
    (D) Reporting requirements. The owner or operator of a common pool 
vessel must submit reports via VMS, in accordance with instructions to 
be provided by the Regional Administrator, for each day fished in the 
Closed Area I Hook Gear Haddock SAP Area. The reports must be submitted 
in 24-hr intervals for each day fished, beginning at 0000 hr local time 
and ending at 2359 hr local time. The reports must be submitted by 0900 
hr local time of the day following fishing. The reports must include at 
least the following information: VTR serial number or other universal ID 
specified by the Regional Administrator; date fish were caught; 
statistical area fished; and the total pounds of cod, haddock, 
yellowtail flounder, winter flounder, witch flounder, pollock, American 
plaice, redfish, Atlantic halibut, and white hake kept in each broad 
stock area (in pounds, live weight), specified in Sec. 648.10(k)(3), as 
instructed by the Regional Administrator. Daily reporting must continue 
even if the vessel operator is required to exit the SAP as required 
under paragraph (b)(7)(iv)(G) of this section.
    (E) Incidental catch TACs. The maximum amount of GB cod and pollock 
(landings and discards) that may be cumulatively caught by a common pool 
vessel from the CA I Hook Gear Haddock SAP Area in a fishing year is the 
amount specified in paragraph (b)(5)(ii) of this section.
    (F) Mandatory closure of CA I Hook Gear Haddock Access Area due to 
catch of any incidental catch TAC. When the Regional Administrator 
determines that either the GB cod or pollock incidental catch TAC 
specified in paragraph (b)(7)(vi)(E) of this section has been caught, 
the CA I Hook Gear Haddock

[[Page 795]]

SAP Area shall be closed to all common pool vessels in a manner 
consistent with the Administrative Procedure Act.
    (8) Eastern U.S./Canada Haddock SAP--(i) Eligibility. A vessel 
issued a valid limited access NE multispecies permit and fishing with 
trawl gear as specified in paragraph (b)(8)(v)(E) of this section while 
operating under a NE multispecies DAS or on a sector trip, provided the 
sector to which the vessel belongs has been allocated ACE for all stocks 
caught within the Eastern U.S./Canada Area pursuant to Sec. 
648.87(b)(1)(i), is eligible to participate in the Eastern U.S./Canada 
Haddock SAP and may fish in the Eastern U.S./Canada Haddock SAP Area, as 
described in paragraph (b)(8)(ii) of this section, during the season 
specified in paragraph (b)(8)(iv) of this section, provided such vessel 
complies with the requirements of this section and provided the SAP is 
not closed according to the provisions specified in paragraph 
(b)(8)(v)(K) or (L) of this section, the Eastern U.S./Canada Area is not 
closed as described under paragraph (a)(3)(iv)(E) of this section, or 
the sector to which the vessel belongs no longer has ACE available for 
all stocks caught within the Eastern U.S./Canada Area pursuant to Sec. 
648.87(b)(1)(i).
    (ii) Eastern U.S./Canada Haddock SAP Area. The Eastern U.S./Canada 
Haddock SAP Area is the area defined by straight lines connecting the 
following points in the order stated:

                  Eastern U.S./Canada Haddock SAP Area
------------------------------------------------------------------------
                 Point                      N. Lat.          W. Long.
------------------------------------------------------------------------
CAII3.................................     42 deg. 22'      67 deg. 20'
                                                                  \(1)\
SAP1..................................     42 deg. 20'      67 deg. 20'
SAP2..................................     42 deg. 20'      67 deg. 40'
SAP3..................................     41 deg. 10'      67 deg. 40'
SAP4..................................     41 deg. 10'      67 deg. 20'
SAP5..................................     42 deg. 10'      67 deg. 20'
SAP6..................................     42 deg. 10'      67 deg. 10'
CAII3.................................     42 deg. 22'      67 deg. 20'
                                                                 \(1)\
------------------------------------------------------------------------
\(1)\ U.S./Canada maritime boundary.

    (iii) [Reserved]
    (iv) Season. An eligible vessel may fish in the Eastern U.S./Canada 
Haddock SAP from August 1 through December 31.
    (v) Program restrictions--(A) Area and DAS use restrictions. A 
common pool vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Haddock SAP may elect to fish under a Category A or Category 
B DAS in accordance with Sec. 648.82(d)(2), or in multiple areas in 
accordance with the restrictions of this paragraph (b)(8)(v)(A). A 
vessel on a sector trip in the Eastern U.S./Canada Haddock SAP may elect 
to fish in multiple areas in accordance with the restrictions of this 
paragraph (b)(8)(v)(A).
    (1) If fishing under a Category B DAS, a vessel is required to 
comply with the no discarding and DAS flip requirements specified in 
paragraph (b)(8)(v)(I) of this section, and the minimum Category A DAS 
requirements of paragraph (b)(8)(v)(J) of this section.
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP described in paragraph (b)(8)(i) of this section may fish, on the 
same trip, in the Eastern U.S./Canada Haddock SAP Area and in the Closed 
Area II Yellowtail Flounder/Haddock SAP Area, as described in paragraph 
(b)(3)(ii) of this section, and, for common pool vessels fishing a NE 
multispecies DAS, while under either a Category A DAS or a Category B 
DAS.
    (3) A vessel may choose, on the same trip, to fish in either/both 
the Eastern U.S./Canada Haddock SAP Program and the Closed Area II 
Yellowtail Flounder/Haddock SAP Area, and in the portion of the Eastern 
U.S./Canada Area described in paragraph (a)(1)(ii) of this section that 
lies outside of these two SAPs, provided a common pool vessel fishes 
under a Category A DAS and all eligible vessels comply with the VMS 
restrictions of paragraph (b)(8)(v)(D) of this section. Such a vessel 
may also elect to fish outside of the Eastern U.S./Canada Area on the 
same trip, in accordance with the restrictions of paragraph 
(a)(3)(ii)(A) of this section.
    (4) A common pool vessel fishing under a NE multispecies DAS that 
elects to fish in multiple areas, as described in this paragraph 
(b)(8)(v)(A), must fish under the most restrictive DAS counting 
requirements specified in Sec. 648.10(e)(5), trip limits, and reporting 
requirements of the areas fished for the entire trip. A vessel on a 
sector trip that elects to fish in multiple areas, as described in this 
paragraph

[[Page 796]]

(b)(8)(v)(A), must comply with the most restrictive reporting 
requirements of the areas fished for the entire trip, unless otherwise 
specified by the Regional Administrator in a manner consistent with the 
Administrative Procedure Act.
    (B) VMS requirement. A vessel issued a limited access NE 
multispecies permit fishing in the Eastern U.S./Canada Haddock SAP 
Program specified in paragraph (b)(8)(i) of this section must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (C) Observer notifications. For the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; areas to be fished; and date, time, and port of 
departure at least 48 hours prior to the beginning of any trip that it 
declares into the Eastern U.S./Canada Haddock SAP Program specified in 
paragraph (b)(8)(i) of this section, as required under paragraph 
(b)(8)(v)(D) of this section, and in accordance with instructions 
provided by the Regional Administrator.
    (D) VMS declaration. To fish in the Eastern U.S./Canada Haddock SAP, 
a vessel issued a limited access NE multispecies permit must declare 
into the SAP via VMS and provide information on the areas within the 
Eastern U.S./Canada Area that it intends to fish and the type of DAS 
(Category A, Regular B, or Reserve B) that it intends to fish, if 
operating under the provisions of the common pool, prior to departure 
from port, in accordance with paragraph (b)(8)(v)(A) of this section and 
any instructions provided by the Regional Administrator.
    (E) Gear requirement--(1) Unless otherwise specified in this 
paragraph (b)(8)(v)(E)(1), a vessel issued a limited access NE 
multispecies permit fishing in the Eastern U.S./Canada Haddock SAP must 
use the haddock separator trawl or the Ruhle Trawl, as described in 
paragraphs (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this section, 
respectively, or another type of gear, if approved as described in this 
paragraph (b)(8)(v)(E). A vessel on a sector trip in the Eastern U.S./
Canada Haddock SAP is not restricted to only using the haddock separator 
trawl or the Ruhle trawl, but may use any gear authorized in paragraph 
(a)(3)(iii) of this section, unless otherwise restricted by a sector 
operations plan approved pursuant to Sec. 648.87(c). Other gear may be 
on board the vessel when on a trip in the Eastern U.S./Canada Haddock 
SAP, provided that the gear is stowed and not available for immediate 
use as defined in Sec. 648.2.
    (2) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the Eastern U.S./Canada Haddock SAP 
in accordance with the standards and requirements specified at Sec. 
648.85(b)(6)(iv)(J)(2).
    (F) Landing limits. Unless otherwise restricted under this part, a 
vessel fishing any portion of a trip in the Eastern U.S./Canada Haddock 
SAP under a NE multispecies DAS may not fish for, possess, or land more 
than 1,000 lb (453.6 kg) of cod, per trip, regardless of trip length. A 
common pool vessel fishing in the Eastern U.S./Canada Haddock SAP under 
a NE multispecies DAS is subject to the haddock requirements described 
in Sec. 648.86(a), unless further restricted under paragraph (a)(3)(iv) 
of this section. A common pool vessel fishing in the Eastern U.S./Canada 
Haddock SAP may not land more than 100 lb (45.5 kg) per DAS, or any part 
of a DAS, of GB yellowtail flounder, up to a maximum of 500 lb (227 kg) 
of all flatfish species, combined. Possession of monkfish (whole weight) 
and skates (whole weight) is limited to 500 lb (227 kg) each, unless 
otherwise restricted by Sec. 648.94(b)(3), and possession of lobsters 
is prohibited. Possession limits for all other stocks are as specified 
in Sec. 648.86.
    (G) Reporting requirements. The owner or operator of a vessel 
declared into the Eastern U.S./Canada Haddock SAP, as described in 
paragraph (b)(8) of this section, must submit reports in accordance with 
the reporting requirements described in paragraph (a)(3)(v) of this 
section.
    (H) Incidental TACs. The maximum amount of GB cod and GB yellowtail 
flounder, both landings and discards, that may be caught when fishing in 
the Eastern U.S./Canada Haddock SAP

[[Page 797]]

Program in a fishing year by vessels fishing under a Category B DAS, as 
authorized in paragraph (b)(8)(v)(A) of this section, is the amount 
specified in paragraphs (b)(5)(ii) and (iii) of this section. All 
regulated species and ocean pout caught by a vessel on a sector trip 
will be applied against the ACE for each stock that is specified for the 
sector in which the vessel participates.
    (I) No discard provision and DAS flips. A vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program may not discard legal-sized 
regulated or ocean pout unless otherwise required due to a prohibition 
of the possession of such species specified in this part. If a common 
pool vessel fishing in the Eastern U.S./Canada Haddock SAP under a 
Category B DAS exceeds the applicable maximum landing limit per trip 
specified in paragraph (b)(8)(v)(F) of this section, or in Sec. 648.86, 
the vessel operator must retain the fish and immediately notify NMFS via 
VMS to initiate a DAS flip (from a Category B DAS to a Category A DAS). 
After flipping to a Category A DAS, the vessel is subject to all 
applicable landing limits specified in Sec. 648.85(a) or Sec. 648.86. 
If a common pool vessel fishing in this SAP while under a Category B DAS 
or a Category A DAS exceeds a trip limit specified in paragraph 
(b)(8)(v)(F) of this section or Sec. 648.86, or other applicable trip 
limit, the vessel must immediately exit the SAP area defined in 
paragraph (b)(8)(ii) of this section for the remainder of the trip. For 
a common pool vessel that notifies NMFS of a DAS flip, the Category B 
DAS that have accrued between the time the vessel started accruing 
Category B DAS and the time the vessel declared its DAS flip will be 
accrued as Category A DAS pursuant to Sec. 648.82(e)(1), and not 
Category B DAS.
    (J) Minimum Category A DAS. To fish under a Category B DAS, the 
number of Category B DAS that can be used on a trip cannot exceed the 
number of available Category A DAS the vessel has at the start of the 
trip.
    (K) Mandatory closure of Eastern U.S./Canada Haddock SAP. When the 
Regional Administrator projects that one or more of the TAC allocations 
specified in paragraph (b)(8)(v)(H) of this section has been caught by 
vessels fishing under Category B DAS, NMFS shall prohibit the use of 
Category B DAS in the Eastern U.S./Canada Haddock SAP, through 
publication in the Federal Register consistent with the Administrative 
Procedure Act. In addition, the closure regulations described in 
paragraph (a)(3)(iv)(E) of this section shall apply to the Eastern U.S./
Canada Haddock SAP Program.
    (L) General closure of the Eastern U.S./Canada Haddock SAP Area. The 
Regional Administrator, based upon information required under Sec. 
648.7, 648.9, 648.10, or 648.85, and any other relevant information may, 
through rulemaking consistent with the Administrative Procedure Act, 
close the Eastern U.S./Canada Haddock SAP Pilot Program for the duration 
of the season, if it is determined that continuation of the Eastern 
U.S./Canada Haddock SAP Pilot Program would undermine the achievement of 
the objectives of the FMP or the Eastern U.S./Canada Haddock SAP Pilot 
Program.
    (c) Scallop fishery closed area access program. Limited access 
scallop vessels operating under the Sea Scallop Area Access Program, as 
defined in Sec. 648.59, and fishing in accordance with the regulations 
at Sec. 648.60 may possess and land up to 1,000 lb (453.6 kg) of all NE 
multispecies combined, as provided in Sec. 648.60(a)(5)(ii), unless 
otherwise restricted in this section.
    (d) Haddock incidental catch allowance for some Atlantic herring 
vessels. The haddock incidental catch allowance for a vessel issued a 
Federal Atlantic herring permit and fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and 
(3), is 1 percent of each of the ABCs for GOM haddock and GB haddock 
(U.S. catch only) specified according to Sec. 648.90(a)(4) for a 
particular NE multispecies fishing year. Such haddock catch will be 
determined as specified in Sec. 648.86(a)(3)(ii).
    (e) Authorized gear performance standards. Unless otherwise 
restricted in this part, in areas and times when a special management 
program, as specified in this section, requires the use of gear 
authorized by that program to reduce catches of stocks of concern, 
participating vessels are restricted to the following trip limits: 500 
lb (227 kg) of

[[Page 798]]

all flatfish species (American plaice, witch flounder, winter flounder, 
windowpane flounder, and GB yellowtail flounder), combined; 500 lb (227 
kg) of monkfish (whole weight); 500 lb (227 kg) of skates (whole 
weight); and zero possession of lobsters, unless otherwise restricted by 
Sec. 648.94(b)(3).

[69 FR 22975, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.85, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 81 FR 26449, May 2, 2016, Sec. 648.85 was 
amended by revising paragraph (a)(3)(iii)(A), effective Oct. 31, 2016. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 648.85  Special management programs.

                                * * * * *

    (a) * * *
    (3) * * *
    (iii) * * *
    (A) Haddock Separator Trawl. A haddock separator trawl is defined as 
a groundfish trawl modified to a vertically-oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large-mesh separating panel constructed with a minimum of 6.0-inch 
(15.2-cm) diamond mesh must be installed between the selvedges joining 
the upper and lower panels, as described in paragraphs (a)(3)(iii)(A) 
and (B) of this section, extending forward from the front of the trouser 
junction to the aft edge of the first belly behind the fishing circle. 
The horizontal large-mesh separating panel must be constructed with mesh 
of a contrasting color to the upper and bottom extensions of the net 
that it separates.
    (1) Two-seam bottom trawl nets. For two seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 80-85 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 160-170 meshes wide.
    (2) Four-seam bottom trawl nets. For four seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 90-95 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 180-190 meshes wide. The separator panel will be attached to 
both of the side panels of the net along the midpoint of the side 
panels. For example, if the side panel is 100 meshes tall, the separator 
panel must be attached at the 50th mesh.

                                * * * * *



Sec. 648.86  NE Multispecies possession restrictions.

    Except as provided in Sec. 648.17 or elsewhere in this part, the 
following possession restrictions apply:
    (a) Haddock--(1) NE multispecies common pool vessels. Haddock 
possession restrictions for such vessels may be implemented through 
Regional Administrator authority, as specified in paragraph (r) of this 
section.
    (2) Scallop dredge vessels. (i) No person owning or operating a 
scallop dredge vessel issued a NE multispecies permit may land haddock 
from, or possess haddock on board, a scallop dredge vessel from January 
1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel without 
an NE multispecies permit may possess haddock in, or harvested from, the 
EEZ from January 1 through June 30.
    (iii) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, scallop dredge vessels or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec. 648.53 may land or possess on 
board up to 300 lb (136.1 kg) of haddock, except as specified in Sec. 
648.88(c), provided that the vessel has at least one standard tote on 
board. This restriction does not apply to vessels also issued limited 
access NE multispecies permits that are fishing under a multispecies 
DAS. Haddock on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (3)(i) Incidental catch allowance for some Atlantic herring vessels. 
A vessel issued an All Areas Limited Access Herring Permit and/or an 
Areas 2 and 3 Limited Access Herring Permit fishing on a declared 
herring trip, regardless of gear or area fished, or a vessel issued a

[[Page 799]]

Limited Access Incidental Catch Herring Permit and/or an Open Access 
Herring Permit and fishing with midwater trawl gear pursuant to Sec. 
648.80(d), may only possess and land haddock, in accordance with 
requirements specified in Sec. 648.80(d) and (e).
    (ii) Haddock incidental catch cap. (A)(1) When the Regional 
Administrator has determined that the incidental catch allowance for a 
given haddock stock, as specified in Sec. 648.85(d), has been caught, 
no vessel issued an Atlantic herring permit and fishing with midwater 
trawl gear in the applicable stock area, i.e., the Herring GOM Haddock 
Accountability Measure (AM) Area or Herring GB Haddock AM Area, as 
defined in paragraphs (a)(3)(ii)(A)(2) and (3) of this section, may fish 
for, possess, or land herring in excess of 2,000 lb (907.2 kg) per trip 
in or from that area, unless all herring possessed and landed by the 
vessel were caught outside the applicable AM Area and the vessel's gear 
is stowed and not available for immediate use as defined in Sec. 648.2 
while transiting the AM Area. Upon this determination, the haddock 
possession limit is reduced to 0 lb (0 kg) for a vessel issued a Federal 
Atlantic herring permit and fishing with midwater trawl gear or for a 
vessel issued an All Areas Limited Access Herring Permit and/or an Areas 
2 and 3 Limited Access Herring Permit fishing on a declared herring 
trip, regardless of area fished or gear used, in the applicable AM area, 
unless the vessel also possesses a NE multispecies permit and is 
operating on a declared (consistent with Sec. 648.10(g)) NE 
multispecies trip. In making this determination, the Regional 
Administrator shall use haddock catches observed by NMFS-approved 
observers by herring vessel trips using midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and 
(3), expanded to an estimate of total haddock catch for all such trips 
in a given haddock stock area.
    (2) Herring GOM Haddock Accountability Measure Area. The Herring GOM 
Haddock AM Area is defined by the straight lines connecting the 
following points in the order stated (copies of a map depicting the area 
are available from the Regional Administrator upon request):

             Herring GOM Haddock Accountability Measure Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
HGA1...........................  (\1\)                69 deg.20'
HGA............................  43 deg.40'           69 deg.20'
HGA3...........................  43 deg.40'           69 deg.00'
HGA4...........................  43 deg.20'           69 deg.00'
HGA5...........................  43 deg.20'           (\2\)
HGA6...........................  42 deg.20'           (\3\)
HGA7...........................  42 deg.20'           70 deg.00'
HGA8...........................  (\4\)                70 deg.00'
------------------------------------------------------------------------
\1\ The intersection of the Maine coastline and 69 deg.20' W. long.
\2\ The intersection of the U.S./Canada maritime boundary and 43 deg.20'
  N. lat.
\3\ The intersection of the U.S./Canada maritime boundary and 42 deg.20'
  N. lat.
\4\ The intersection of the north-facing shoreline of Cape Cod, MA, and
  70 deg.00' W. long.

    (3) The Herring GB Haddock Accountability Measure Area. The Herring 
GB Haddock AM Area is defined by the straight lines connecting the 
following points in the order stated (copies of a map depicting the area 
are available from the Regional Administrator upon request):

             Herring GB Haddock Accountability Measure Area
------------------------------------------------------------------------
            Point                  N. Latitude          W. Longitude
------------------------------------------------------------------------
1...........................  42 deg. 20'           70 deg. 00'
2...........................  42 deg. 20'           (\1\)
3...........................  40 deg. 30'           (\1\)
4...........................  40 deg. 30'           66 deg. 40'
5...........................  39 deg. 50'           66 deg. 40'
6...........................  39 deg. 50'           68 deg. 50'
7...........................  (\2\)                 68 deg. 50'
8...........................  41 deg. 00'           (\3\)
9...........................  41 deg. 00'           69 deg. 30'
10..........................  41 deg. 10'           69 deg. 30'
11..........................  41 deg. 10'           69 deg. 50'
12..........................  41 deg. 20'           69 deg. 50'
13..........................  41 deg. 20'           (\4\)
14..........................  (\5\)                 70 deg. 00'
15..........................  (\6\)                 70 deg. 00'
16..........................  (\7\)                 70 deg. 00'
------------------------------------------------------------------------
\1\ The intersection of the U.S./Canada maritime boundary.
\2\ The intersection of the boundary of Closed Area I and 68 deg. 50' W.
  long.
\3\ The intersection of the boundary of Closed Area I and 41 deg. 00' N.
  lat.
\4\ The intersection of the east-facing shoreline of Nantucket, MA, and
  41 deg. 20' N. lat.
\5\ The intersection of the north-facing shoreline of Nantucket, MA, and
  70 deg. 00' W. long.
\6\ The intersection of the south-facing shoreline of Cape Cod, MA, and
  70 deg. 00' W. long.
\7\ The intersection of the north-facing shoreline of Cape Cod, MA, and
  70 deg. 00' W. long.

    (4) The haddock incidental catch caps specified are for the NE 
multispecies fishing year (May 1-April 30), which differs from the 
herring fishing year

[[Page 800]]

(January 1-December 31). If the haddock incidental catch allowance is 
attained by the herring midwater trawl fishery for the GOM or GB, as 
specified in Sec. 648.85(d), the 2,000-lb (907.2-kg) limit on herring 
possession in the applicable AM Area, as described in paragraph 
(a)(3)(ii)(A)(2) or (3) of this section, shall be in effect until the 
end of the NE multispecies fishing year. For example, the 2011 haddock 
incidental catch cap is specified for the period May 1, 2011-April 30, 
2012, and the 2012 haddock catch cap would be specified for the period 
May 1, 2012-April 30, 2013. If the catch of haddock by herring midwater 
trawl vessels reached the 2011 incidental catch cap at any time prior to 
the end of the NE multispecies fishing year (April 30, 2012), the 2,000-
lb (907.2-kg) limit on possession of herring in the applicable AM Area 
would extend through April 30, 2012. Beginning May 1, 2012, the 2012 
catch cap would go into effect.
    (B) [Reserved]
    (b) Cod--(1) GOM cod landing limit. Except as provided in paragraph 
(b)(4) of this section, or unless otherwise restricted under Sec. 
648.85, a vessel fishing under a NE multispecies DAS permit, including a 
vessel issued a monkfish limited access permit and fishing under the 
monkfish Category C or D permit provisions, may land up to 800 lb (362.9 
kg) of cod for each DAS, or part of a DAS, up to 4,000 lb (1,818.2 kg) 
per trip. Cod on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (2) GB cod landing and maximum possession limits. Unless otherwise 
restricted under Sec. 648.85, a vessel fishing under a NE multispecies 
DAS permit, including a vessel issued a monkfish limited access permit 
and fishing under the monkfish Category C or D permit provisions, may 
land up to 2,000 lb (907.2 kg) of cod per DAS, or part of a DAS, up to 
20,000 lb (9,072 kg) provided it complies with the requirements 
specified in paragraph (b)(4) of this section and this paragraph (b)(2). 
Cod on board a vessel subject to this landing limit must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (3) [Reserved]
    (4) Exemption. A common pool vessel fishing under a NE multispecies 
DAS is exempt from the landing limit described in paragraph (b)(1) of 
this section when fishing south of the GOM Regulated Mesh Area, defined 
in Sec. 648.80(a)(1), provided that it complies with the requirement of 
this paragraph (b)(4).
    (i) Declaration. With the exception of a vessel declared into the 
U.S./Canada Management Area, as described in Sec. 648.85(a)(3)(ii), a 
common pool vessel that fishes or intends to fish under a NE 
multispecies DAS south of the line described in paragraph (b)(4) of this 
section, under the cod trip limits described in paragraph (b)(2) of this 
section, must, prior to leaving port, declare its intention to do so 
through the VMS, in accordance with instructions to be provided by the 
Regional Administrator. In lieu of a VMS declaration, the Regional 
Administrator may authorize such vessels to obtain a letter of 
authorization. If a letter of authorization is required, such vessel may 
not fish north of the exemption area for a minimum of 7 consecutive days 
(when fishing under the multispecies DAS program), and must carry the 
letter of authorization on board.
    (ii) A common pool vessel exempt from the GOM cod landing limit 
pursuant to paragraph (b)(4)(i) of this section may not fish north of 
the line specified in paragraph (b)(4) of this section for the duration 
of the trip, but may transit the GOM Regulated Mesh Area, provided that 
its gear is stowed and not available for immediate use as defined in 
Sec. 648.2. A vessel fishing north and south of the line on the same 
trip is subject to the most restrictive applicable cod trip limit.
    (c) Atlantic halibut. A vessel issued a NE multispecies permit under 
Sec. 648.4(a)(1) may land or possess on board no more than one Atlantic 
halibut per trip, provided the vessel complies with other applicable 
provisions of this part, unless otherwise specified in Sec. 
648.90(a)(5)(i)(D)(2).
    (d) Small-mesh multispecies. (1) Vessels issued a valid Federal NE 
multispecies permit specified under Sec. 648.4(a)(1) are subject to the 
following possession limits for small-mesh multispecies, which are based 
on the mesh size used by, or

[[Page 801]]

on board vessels fishing for, in possession of, or landing small-mesh 
multispecies.
    (i) Vessels possessing on board or using nets of mesh size smaller 
than 2.5 in (6.35 cm). Owners or operators of a vessel may possess and 
land not more than 3,000 lb (1,361 kg) of red hake, and not more than 
3,500 lb (1,588 kg) of combined silver hake and offshore hake, if either 
of the following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is smaller than 2.5 inches (6.35 cm), as applied to the 
part of the net specified in paragraph (d)(1)(iv) of this section, as 
measured in accordance with Sec. 648.80(f); or
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is smaller than 2.5 inches 
(6.35 cm), as measured by methods specified in Sec. 648.80(f). 
``Incorporated into a fully constructed net'' means that any mesh 
smaller than 2.5 inches (6.35 cm) that is incorporated into a fully 
constructed net may occur only in the part of the net not subject to the 
mesh size restrictions specified in paragraph (d)(1)(iv) of this 
section, and the net into which the mesh is incorporated must be 
available for immediate use.
    (ii) Vessels possessing on board or using nets of mesh size equal to 
or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An owner 
or operator of a vessel that is not subject to the possession limit 
specified in paragraph (d)(1)(i) of this section may possess and land 
not more than 3,000 lb (1,361 kg) of red hake, and not more than 7,500 
lb (3,402 kg) of combined silver hake and offshore hake if either of the 
following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 2.5 inches (6.35 cm) but 
smaller than 3 inches (7.62 cm), as applied to the part of the net 
specified in paragraph (d)(1)(iv) of this section, as measured by 
methods specified in Sec. 648.80(f); or
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is equal to or greater 
than 2.5 inches (6.35 cm) but smaller than 3 inches (7.62 cm), as 
measured by methods specified in Sec. 648.80(f). ``Incorporated into a 
fully constructed net'' means that any mesh smaller than 2.5 inches 
(6.35 cm) that is incorporated into a fully constructed net may occur 
only in the part of the net not subject to the mesh size restrictions as 
specified in paragraph (d)(1)(iv) of this section, and the net into 
which the mesh is incorporated must be available for immediate use.
    (iii) Vessels possessing on board or using nets of mesh size equal 
to or greater than 3 in (7.62 cm). An owner or operator of a vessel that 
is not subject to the possession limits specified in paragraphs 
(d)(1)(i) and (ii) of this section may possess and land not more than 
3,000 lb (1,361 kg) of red hake, and not more than 30,000 lb (13,608 kg) 
of combined silver hake and offshore hake when fishing in the Gulf of 
Maine or Georges Bank Exemption Areas, as described in Sec. 648.80(a), 
and not more than 40,000 lb (18,144 kg) of combined silver hake and 
offshore hake when fishing in the Southern New England or Mid-Atlantic 
Exemption Areas, as described in Sec. 648.80(b)(10) and (c)(5), 
respectively, if both of the following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 3 inches (7.62 cm), as 
applied to the part of the net specified in paragraph (d)(1)(iv) of this 
section, as measured by methods specified in Sec. 648.80(f); and
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is equal to or greater 
than 3 inches (7.62 cm), as measured by methods specified in Sec. 
648.80(f). ``Incorporated into a fully constructed net'' means that any 
mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully 
constructed net may occur only in the part of the net not subject to the 
mesh size restrictions as specified in paragraph (d)(1)(iv) of this 
section, and the net into which the mesh is incorporated must be 
available for immediate use.
    (iv) Application of mesh size. Counting from the terminus of the 
net, the mesh size restrictions specified in paragraphs (d)(1)(i) 
through (iii) of this section are only applicable to the first 100 
meshes (200 bars in the case of square mesh) for vessels greater than 60 
ft (18.3 m) in

[[Page 802]]

length, and to the first 50 meshes (100 bars in the case of square mesh) 
for vessels 60 ft (18.3 m) or less in length. Notwithstanding any other 
provision of this section, the restrictions and conditions pertaining to 
mesh size do not apply to nets or pieces of net smaller than 3 ft by 3 
ft (0.9 m by 0.9 m), (9 sq ft (0.81 sq m)).
    (2) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption Area, as described in Sec. 
648.80(a)(3), with a vessel issued a valid Federal NE multispecies 
permit specified under Sec. 648.4(a)(1), may possess and land silver 
hake and offshore hake, combined, up to an amount equal to the weight of 
shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and 
offshore hake on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (3) Possession restriction for vessels electing to transfer small-
mesh NE multispecies at sea. Owners and operators of vessels issued a 
valid Federal NE multispecies permit and issued a letter of 
authorization to transfer small-mesh NE multispecies at sea according to 
the provisions specified in Sec. 648.13(b) are subject to a combined 
silver hake and offshore hake possession limit that is 500 lb (226.8 kg) 
less than the possession limit the vessel otherwise receives. This 
deduction shall be noted on the transferring vessel's letter of 
authorization from the Regional Administrator.
    (4) Accountability Measure In-season adjustment of small-mesh 
multispecies possession limits. If the Regional Administrator projects 
that an in-season adjustment TAL trigger level for any small-mesh 
multispecies stock, as specified in Sec. 648.90(b)(5)(iii), has been 
reached or exceeded, the Regional Administrator shall reduce the 
possession limit of that stock to the incidental level for that stock, 
as specified in this paragraph (d)(4), for the remainder of the fishing 
year through notice consistent with the Administrative Procedure Act, 
unless such a reduction in the possession limit would be expected to 
prevent the TAL from being reached.
    (i) Red hake. If a possession limit reduction is needed for a stock 
area, the incidental possession limit for red hake in that stock area 
will be 400 lb (181.44 kg) for the remainder of the fishing year.
    (ii) Silver hake and offshore hake. If a possession limit reduction 
is needed for a stock area, the incidental possession limit for silver 
hake and offshore hake, combined, in that stock area will be 2,000 lb 
(907 kg) for the remainder of the fishing year.
    (5) In-season adjustment of Northern Red Hake Possession Limits. In 
addition to the accountability measure in-season adjustment of small-
mesh multispecies possession limits specified in paragraph (d)(4) of 
this section, if the Regional Administrator projects that 45 percent of 
the northern red hake TAL has been reached or is exceeded, the Regional 
Administrator shall reduce the possession limit for northern red hake to 
1,500 lb (680 kg) for the remainder of the fishing year unless further 
reduced to the incidental possession limit according to the 
accountability measure in-season adjustment of small-mesh multispecies 
possession limits specified in paragraph (d)(4) of this section.
    (e) White hake. Unless otherwise restricted under this part, a 
common pool vessel fishing under a NE multispecies DAS, a limited access 
Handgear A permit, an open access Handgear B permit, or a monkfish 
limited access permit and fishing under the monkfish Category C or D 
permit provisions is not restricted in the amount of white hake the 
vessel may land per trip during fishing years 2010 and 2011. Starting in 
fishing year 2012, unless otherwise restricted under this part, a common 
pool vessel fishing under a NE multispecies DAS, a limited access 
Handgear A permit, an open access Handgear B permit, or a monkfish 
limited access permit and fishing under the monkfish Category C or D 
permit provisions may land up to 500 lb (226.8 kg) of white hake per 
DAS, or any part of a DAS, up to 2,000 lb (907.2 kg) per trip.
    (f) Calculation of weight of fillets or parts of fish. The 
possession limits described under this part are based on the

[[Page 803]]

weight of whole, whole-gutted, or gilled fish. For purposes of 
determining compliance with the possession limits specified in 
paragraphs (a), (b), or (c) of this section, the weight of fillets and 
parts of fish, other than whole-gutted or gilled fish, as allowed under 
Sec. 648.83(a) and (b), will be multiplied by 3.
    (g) Yellowtail flounder--(1) CC/GOM and SNE/MA yellowtail flounder 
landing limit. Unless otherwise restricted under this part, a common 
pool vessel fishing under a NE multispecies DAS, a limited access 
Handgear A permit, an open access Handgear B permit, or a monkfish 
limited access permit and fishing under the monkfish Category C or D 
permit provisions, and fishing exclusively outside of the U.S./Canada 
Management Area, as defined in Sec. 648.85(a)(1), may land or possess 
on board up to 250 lb (113.6 kg) of yellowtail flounder per DAS, or any 
part of a DAS, up to a maximum possession limit of 1,500 lb (680.4 kg) 
per trip. A vessel fishing outside and inside of the U.S./Canada 
Management Area on the same trip is subject to the more restrictive 
yellowtail flounder trip limit (i.e., that specified by this paragraph 
(g) or Sec. 648.85(a)(3)(iv)(C)).
    (2) GB yellowtail flounder landing limit. Unless otherwise 
restricted under this part, a common pool vessel fishing under a NE 
multispecies DAS, a limited access Handgear A permit, an open access 
Handgear B permit, or a monkfish limited access permit and fishing under 
the monkfish Category C or D permit provisions, and fishing in the U.S./
Canada Management Area defined in Sec. 648.85(a)(1) is subject to the 
GB yellowtail flounder limit described in paragraph Sec. 
648.85(a)(3)(iv)(c).
    (h) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.
    (i) Offloading requirement for vessels possessing species regulated 
by a daily possession limit. A vessel that has ended a trip as specified 
in Sec. 648.10(e)(2)(iii) or (h)(5) that possesses on board species 
regulated by a daily possession limit (i.e., pounds per DAS), as 
specified at Sec. 648.85 or Sec. 648.86, must offload species in 
excess of the daily landing limit prior to leaving port on a subsequent 
trip. A vessel may retain on board up to one day's worth of such species 
prior to the start of a subsequent trip. Other species regulated by an 
overall trip limit may be retained on board for a subsequent trip. For 
example, a vessel that possesses cod and winter flounder harvested from 
Georges Bank is subject to a daily possession limit for cod of 1,000 lb 
(453 kg)/DAS and an overall trip limit of 5,000 lb (2,267 kg)/trip for 
winter flounder. In this example, the vessel would be required to 
offload any cod harvested in excess of 1,000 lb (453 kg) (i.e., the 
vessel may retain up to 1,000 lb (453 kg) of Georges Bank cod, but must 
offload any additional cod), but may retain on board winter flounder up 
to the maximum trip limit prior to leaving port and crossing the VMS 
Demarcation Line to begin a subsequent trip.
    (j) GB winter flounder. Unless otherwise restricted under this part, 
a common pool vessel fishing under a NE multispecies DAS, a limited 
access Handgear A permit, an open access Handgear B permit, or a 
monkfish limited access permit and fishing under the monkfish Category C 
or D permit provisions and fishing in the U.S./Canada Management Area 
defined in Sec. 648.85(a)(1) is not restricted in the amount of GB 
winter flounder the vessel may land per trip.
    (k) Other regulated NE. multispecies possession restrictions for 
some Atlantic herring vessels. A vessel issued an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit on a declared herring trip, regardless of area fished or gear 
used, or a vessel issued a Limited Access Incidental Catch Herring 
Permit and/or an Open Access Herring Permit and fishing with midwater 
trawl gear pursuant to Sec. 648.80(d), may possess and land haddock, 
and up to 100 lb (45 kg), combined, of other regulated NE. multispecies, 
other than haddock, in accordance with the requirements in Sec. 
648.80(d) and (e). Such fish may not be sold for human consumption.
    (l) Ocean pout, windowpane flounder, and Atlantic wolffish. A vessel 
issued a limited access NE multispecies permit, an open access NE 
multispecies Handgear B permit, or a limited access monkfish permit and 
fishing under the monkfish Category C or D permit provisions may not 
fish for, possess, or

[[Page 804]]

land ocean pout, windowpane flounder, or Atlantic wolffish.
    (m) Additional possession restrictions--(1) Daily landing 
restriction. A vessel issued a limited access NE multispecies permit, an 
open access NE multispecies Handgear B permit, or a limited access 
monkfish permit and fishing under the monkfish Category C or D permit 
provisions may only land regulated species or ocean pout once in any 24-
hr period, based upon the time the vessel lands following the end of the 
previous trip. For example, if a vessel lands 1,600 lb (725.7 kg) of GOM 
cod at 6 p.m. on Tuesday, that vessel cannot land any more regulated 
species or ocean pout until at least 6 p.m. on the following Wednesday.
    (2) Possession limits for vessels fishing in multiple areas. If a 
vessel fishes in more than one stock area on the same trip, as defined 
in Sec. 648.85(b)(6)(v) or Sec. 648.87(b)(1)(ii), the most restrictive 
trip limit for a species applies for the entire trip.
    (n) Pollock. Unless otherwise restricted under this part, a vessel 
issued a NE multispecies DAS permit, a limited access Handgear A permit, 
an open access Handgear B permit, or a monkfish limited access permit 
and fishing under the monkfish Category C or D permit provisions, may 
not possess or land more than 1,000 lb (450 kg) of pollock for each DAS 
or part of a DAS fished, up to 10,000 lb (4,500 kg) per trip.
    (o) Regional Administrator authority to implement possession 
limits--(1) Possession restrictions to prevent exceeding common pool 
sub-ACLs. If the Regional Administrator projects that the catch of any 
NE multispecies stock allocated to common pool vessels pursuant to Sec. 
648.90(a)(4) will exceed the pertinent sub-ACL, NMFS may implement or 
adjust, at any time prior to or during the fishing year, in a manner 
consistent with the Administrative Procedure Act, a per-DAS possession 
limit and/or a maximum trip limit in order to prevent exceeding the 
common pool sub-ACL in that fishing year.
    (2) Possession restrictions to facilitate harvest of sub-ACLs 
allocated to the common pool. If the Regional Administrator projects 
that the sub-ACL of any stock allocated to the common pool pursuant to 
Sec. 648.90(a)(4) will not be caught during the fishing year, the 
Regional Administrator may remove or adjust, in a manner consistent with 
the Administrative Procedure Act, a per-DAS possession limit and/or a 
maximum trip limit in order to facilitate harvest and enable the total 
catch to approach, but not exceed, the pertinent sub-ACL allocated to 
the common pool for that fishing year.

[69 FR 22978, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.86, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.87  Sector allocation.

    (a) Procedure for approving/implementing a sector allocation 
proposal. (1) Any person may submit a sector allocation proposal for a 
group of limited access NE multispecies vessels to NMFS. The sector 
allocation proposal must be submitted to the Council and NMFS in writing 
by the deadline for submitting an operations plan and preliminary sector 
contract that is specified in paragraph (b)(2) of this section. The 
proposal must include a cover letter requesting the formation of the new 
sector, a complete sector operations plan and preliminary sector 
contract, prepared as described in paragraphs (b)(2) and (b)(3) of this 
section, and appropriate analysis that assesses the impact of the 
proposed sector, in compliance with the National Environmental Policy 
Act.
    (2) Upon receipt of a proposal to form a new sector allocation, and 
following the deadline for each sector to submit an operations plan, as 
described in paragraph (b)(2) of this section, NMFS will notify the 
Council in writing of its intent to consider a new sector allocation for 
approval. The Council will review the proposal(s) and associated NEPA 
analyses at a Groundfish Committee and Council meeting, and provide its 
recommendation on the proposed sector allocation to NMFS in writing. 
NMFS will make final determinations regarding the approval of the new 
sectors based on review of the proposed operations plans, associated

[[Page 805]]

NEPA analyses, and the Council's recommendations, and in a manner 
consistent with the Administrative Procedure Act. NMFS will only approve 
a new sector that has received the Council's endorsement.
    (3) Eligibility. Any valid limited access NE multispecies permit, 
including a Handgear A permit and those permits held in confirmation of 
permit history pursuant to Sec. 648.4(a)(1)(i)(J) as of May 1, 2008, is 
eligible to join a NE multispecies sector, provided the permit complies 
with the restrictions specified in this section. Any valid limited 
access Category A or B monkfish permit may be eligible to join a NE 
multispecies sector, as described in this section, pursuant to any 
measures adopted by a future revision to the Monkfish FMP by both the 
New England and Mid-Atlantic Fishery Management Councils. Vessels that 
do not join a sector remain subject to the NE multispecies regulations 
for common pool vessels.
    (4) Minimum size. To be authorized to operate as a sector under this 
section, a sector must be comprised of at least three NE multispecies 
permits issued to at least three different persons, none of whom have 
any common ownership interests in the permits, vessels, or businesses 
associated with the permits issued the other two or more persons in that 
sector. Having an ownership interest in a permit includes, but is not 
limited to, persons or entities who are shareholders, officers, or 
partners in a corporation owning a permit; who are partners (general or 
limited) to a permit owner; who, in any way, partly own a permit; or who 
derive any financial benefit, or exercises any control over, another 
permit. As long as at least three persons issued a NE multispecies 
permit meet these requirements, permit owners may have common ownership 
interests in other permits, vessels, or businesses associated with such 
permits.
    (b) General requirements applicable to all approved Sectors. (1) All 
sectors approved under the provisions of paragraph (a) of this section 
must submit the documents specified in paragraphs (a)(1), (b)(2), and 
(b)(3) of this section, and comply with the conditions and restrictions 
of this paragraph (b)(1).
    (i) TAC allocation--(A) Allocated stocks. Each sector shall be 
allocated a TAC in the form of an ACE for each NE multispecies stock, 
with the exception of Atlantic halibut, ocean pout, windowpane flounder 
(both the GOM/GB and the SNE/MA stocks), and Atlantic wolffish based 
upon the cumulative PSCs of vessels/permits participating in each sector 
during a particular fishing year, as described in paragraph (b)(1)(i)(E) 
of this section.
    (B) Eastern GB stocks--(1) Allocation. Each sector allocated ACE for 
stocks managed under the terms of the U.S./Canada Resource Sharing 
Understanding in the Eastern U.S./Canada Area, as specified in Sec. 
648.85(a), shall be allocated a specific portion of the ACE for such 
stocks that can only be harvested from the Eastern U.S./Canada Area, as 
specified in Sec. 648.85(a)(1). The ACE specified for the Eastern U.S./
Canada Area portions of these stocks shall be proportional to the 
sector's allocation of the overall ACL available to all vessels issued a 
limited access NE multispecies permit for these stocks pursuant to Sec. 
648.90(a)(4). For example, if a sector is allocated 10 percent of the GB 
cod ACL available to all vessels issued a limited access NE multispecies 
permit, that sector would also be allocated and may harvest 10 percent 
of that ACE from the Eastern U.S./Canada Area. In this example, if the 
overall GB cod ACL available to all vessels issued a limited access NE 
multispecies permit is 1,000 mt, of which 100 mt is specified to the 
Eastern U.S./Canada Area, the sector would be allocated 100 mt of GB 
cod, of which no more than 10 mt could be harvested from the Eastern 
U.S./Canada Area and no more than 90 mt could be harvested from the rest 
of the GB cod stock area.
    (2) Re-allocation of haddock or cod ACE. A sector may re-allocate 
all, or a portion, of its haddock or cod ACE specified to the Eastern 
U.S./Canada Area, pursuant to paragraph (b)(1)(i)(B)(1) of this section, 
to the Western U.S./Canada Area at any time during the fishing year, and 
up to 2 weeks into the following fishing year (i.e., through May 14), 
unless otherwise instructed by NMFS, to cover any overages during the 
previous fishing year. Re-allocation of any ACE only

[[Page 806]]

becomes effective upon approval by NMFS, as specified in paragraphs 
(b)(1)(i)(B)(2)(i) through (iii) of this section. Re-allocation of 
haddock or cod ACE may only be made within a sector, and not between 
sectors. For example, if 100 mt of a sector's GB haddock ACE is 
specified to the Eastern U.S./Canada Area, the sector could re-allocate 
up to 100 mt of that ACE to the Western U.S./Canada Area.
    (i) Application to re-allocate ACE. GB haddock or GB cod ACE 
specified to the Eastern U.S./Canada Area may be re-allocated to the 
Western U.S./Canada Area through written request to the Regional 
Administrator. This request must include the name of the sector, the 
amount of ACE to be re-allocated, and the fishing year in which the ACE 
re-allocation applies, as instructed by the Regional Administrator.
    (ii) Approval of request to re-allocate ACE. NMFS shall approve or 
disapprove a request to re-allocate GB haddock or GB cod ACE provided 
the sector, and its participating vessels, are in compliance with the 
reporting requirements specified in this part. The Regional 
Administrator shall inform the sector in writing, within 2 weeks of the 
receipt of the sector's request, whether the request to re-allocate ACE 
has been approved.
    (iii) Duration of ACE re-allocation. GB haddock or GB cod ACE that 
has been re-allocated to the Western U.S./Canada Area pursuant to this 
paragraph (b)(1)(i)(B)(2) is only valid for the fishing year in which 
the re-allocation is approved, with the exception of any requests that 
are submitted up to 2 weeks into the subsequent fishing year to address 
any potential ACE overages from the previous fishing year, as provided 
in paragraph (b)(1)(iii) of this section, unless otherwise instructed by 
NMFS.
    (C) Carryover. (1) With the exception of GB yellowtail flounder, a 
sector may carryover an amount of ACE equal to 10 percent of its 
original ACE for each stock that is unused at the end of one fishing 
year into the following fishing year, provided that the total unused 
sector ACE plus the overall ACL for the following fishing year does not 
exceed the ABC for the fishing year in which the carryover may be 
harvested. If this total exceeds the ABC, NMFS shall adjust the maximum 
amount of unused ACE that a sector may carryover (down from 10 percent) 
to an amount equal to the ABC of the following fishing year. Any 
adjustments made would be applied to each sector based on its total 
unused ACE and proportional to the cumulative PSCs of vessels/permits 
participating in the sector for the particular fishing year, as 
described in paragraph (b)(1)(i)(E) of this section.
    (i) Eastern GB Stocks Carryover. Any unused ACE allocated for 
Eastern GB stocks in accordance with paragraph (b)(1)(i)(B) of this 
section shall contribute to the carryover allowance for each stock, as 
specified in this paragraph (b)(1)(i)(C)(1), but shall not increase 
individual sector's allocation of Eastern GB stocks during the following 
year.
    (ii) This carryover ACE remains effective during the subsequent 
fishing year even if vessels that contributed to the sector allocation 
during the previous fishing year are no longer participating in the same 
sector for the subsequent fishing year.
    (2) Carryover accounting. (i) If the overall ACL for a particular 
stock is exceeded, the allowed carryover of a particular stock harvested 
by a sector, minus the NMFS-specified de minimis amount, shall be 
counted against the sector's ACE for purposes of determining an overage 
subject to the AM in paragraph (b)(1)(iii) of this section.
    (ii) De Minimis Carryover Amount. The de minimis carryover amount is 
one percent of the overall sector sub-ACL for the fishing year in which 
the carryover would be harvested. NMFS may change this de minimis 
carryover amount for any fishing year through notice consistent with the 
Administrative Procedure Act. The overall de minimis carryover amount 
would be applied to each sector proportional to the cumulative PSCs of 
vessels/permits participating in the sector for the particular fishing 
year, as described in paragraph (b)(1)(i)(E) of this section.
    (D) Maximum ACE allocation. There is no maximum amount of ACE that 
can be allocated to a particular sector during each fishing year.

[[Page 807]]

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

[[Page 808]]

    (ii) GB cod PSC for all other permits. For each owner of a valid NE 
multispecies permit or CPH that has not committed to participate in 
either the GB Cod Hook Gear Sector or GB Cod Fixed Gear Sector, as 
specified in paragraph (b)(1)(i)(E)(2)(i) of this section, the GB cod 
PSC for each such permit or CPH shall be based upon the GB cod PSC 
available after accounting for the GB cod PSC calculated pursuant to 
paragraph (b)(1)(i)(E)(2)(i) of this section. To determine the GB cod 
PSC for each of these permits, the sum of the individual permit's 
landings of GB cod available in the NMFS dealer database for fishing 
years 1996 through 2006 shall be divided by the total landings of GB cod 
during that period by the total landings of GB cod by permits eligible 
to join sectors as of May 1, 2008, during that period, after subtracting 
the total landings of GB cod by permits that committed to participate in 
either the GB Cod Hook Sector or GB Cod Fixed Gear Sector as of March 1, 
2008. This individual share shall then be multiplied by the available GB 
cod PSC calculated by subtracting the GB cod PSC allocated pursuant to 
paragraph (b)(1)(i)(E)(2)(i) of this section from one. The PSC 
calculated pursuant to this paragraph (b)(1)(i)(E)(2)(ii) shall then be 
multiplied by a factor of 1/PSC of remaining permits as of July 1 of 
each year, unless another date is specified by the Regional 
Administrator, to calculate the GB cod PSC for each permit.
    (ii) Areas that can be fished. Vessels in a sector may only fish in 
a particular stock area, as specified in paragraphs (b)(1)(ii)(A) 
through (F) of this section, and Sec. 648.85(b)(6)(v), or the Eastern 
U.S./Canada Area, as specified in Sec. 648.85(a)(1), if the sector has 
been allocated, or acquires, pursuant to paragraph (b)(1)(viii) of this 
section, ACE for all stocks allocated to sectors pursuant to paragraph 
(b)(1)(i)(A) of this section that are caught in that stock area. A 
sector must project when its ACE for each stock will be exceeded and 
must ensure that all vessels in the sector cease fishing operations 
prior to exceeding it. Once a sector has harvested its ACE for a stock, 
all vessels in that sector must cease fishing operations in that stock 
area on a sector trip unless and until it acquires additional ACE from 
another sector pursuant to paragraph (b)(1)(viii) of this section, or as 
otherwise specified in an approved operations plan pursuant to paragraph 
(b)(2)(xiv) of this section. For the purposes of this paragraph 
(b)(1)(ii), an ACE overage means catch of regulated species or ocean 
pout by vessels participating in a particular sector that exceeds the 
ACE allocated to that sector, as of the date received or purchased by 
the dealer, whichever occurs first, after considering all ACE transfer 
requests ultimately approved by NMFS during the current fishing year, 
pursuant to paragraph (b)(1)(viii) of this section, unless otherwise 
specified pursuant to Sec. 648.90(a)(5).
    (A) CC/GOM Yellowtail Flounder Stock Area. The CC/GOM Yellowtail 
Flounder Stock Area, for the purposes of identifying stock areas for 
trip limits specified in Sec. 648.86, and for determining areas 
applicable to sector allocations of CC/GOM yellowtail flounder ACE 
pursuant to paragraph (b) of this section, is defined as the area 
bounded on the north and west by the coastline of the United States, on 
the east by the U.S./Canadian maritime boundary, and on the south by 
rhumb lines connecting the following points in the order stated:

                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\).............  70 deg. 00'
2..............................  (\2\).............  70 deg. 00'
3..............................  41 deg. 20'.......  (\3\)
4..............................  41 deg. 20'.......  69 deg. 50'
5..............................  41 deg. 10'.......  69 deg. 50'
6..............................  41 deg. 10'.......  69 deg. 30'
7..............................  41 deg. 00'.......  69 deg. 30'
8..............................  41 deg. 00'.......  68 deg. 50'
9..............................  42 deg. 20'.......  68 deg. 50'
10.............................  42 deg. 20'.......  (\4\)
------------------------------------------------------------------------
\1\ Intersection of south-facing coastline of Cape Cod, MA, and 70 deg.
  00' W. long.
\2\ Intersection of north-facing coastline of Nantucket, MA, and 70 deg.
  00' W. long.
\3\ Intersection of east-facing coastline of Nantucket, MA, and 41 deg.
  20' N. lat.
\4\ U.S./Canada maritime boundary.

    (B) SNE/MA Yellowtail Flounder Stock Area. The SNE/MA Yellowtail 
Flounder Stock Area, for the purposes of identifying stock areas for 
trip limits specified in Sec. 648.86, and for determining areas 
applicable to sector allocations of SNE/MA yellowtail flounder ACE

[[Page 809]]

pursuant to paragraph (b) of this section, is the area bounded by rhumb 
lines connecting the following points in the order stated:

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  35 deg. 00'.......  (\1\)
2..............................  35 deg. 00'.......  (\2\)
3..............................  39 deg. 00'.......  (\2\)
4..............................  39 deg. 00'.......  69 deg. 00'
5..............................  39 deg. 50'.......  69 deg. 00'
7..............................  39 deg. 50'.......  68 deg. 50'
8..............................  41 deg. 00'.......  68 deg. 50'
9..............................  41 deg. 00'.......  69 deg. 30'
10.............................  41 deg. 10'.......  69 deg. 30'
11.............................  41 deg. 10'.......  69 deg. 50'
12.............................  41 deg. 20'.......  69 deg. 50'
13.............................  41 deg. 20'.......  (\3\)
14.............................  (\4\).............  70 deg. 00'
15.............................  (\5\).............  70 deg. 00'
------------------------------------------------------------------------
\1\ Intersection of east-facing coastline of Outer Banks, NC, and 35
  deg. 00' N. lat.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of east-facing coastline of Nantucket, MA, and 41 deg.
  20' N. lat.
\4\ Intersection of north-facing coastline of Nantucket, MA, and 70 deg.
  00' W. long.
\5\ Intersection of south-facing coastline of Cape Cod, MA, and 70 deg.
  00' W. long.

    (C) GOM Haddock Stock Area. The GOM Haddock Stock Area, for the 
purposes of identifying stock areas for trip limits specified in Sec. 
648.86 and for determining areas applicable to sector allocations of GOM 
haddock ACE pursuant to paragraph (b) of this section, is defined as the 
area bounded on the north and west by the coastline of the United 
States, on the east by the U.S./Canadian maritime boundary, and on the 
south by straight lines connecting the following points in the order 
stated:

                         GOM Haddock Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\).............  70 deg. 00'
2..............................  42 deg. 20'.......  70 deg. 00'
3..............................  42 deg. 20'.......  67 deg. 40'
4..............................  (\2\).............  67 deg. 40'
5..............................  (\3\).............  67 deg. 40'
6..............................  43 deg. 50'.......  67 deg. 40'
7..............................  43 deg. 50'.......  (\4\)
8..............................  (\4\).............  67 deg. 00'
9..............................  (\5\).............  67 deg. 00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and 70
  deg. 00' W. long.
\2\ U.S./Canada maritime boundary southern intersection with 67 deg. 40'
  W. long.).
\3\ U.S./Canada maritime boundary northern intersection with 67 deg. 40'
  W. long.).
\4\ U.S./Canada maritime boundary.
\5\ Intersection of the south-facing ME coastline and 67 deg. 00' W.
  long.

    (D) GB Haddock Stock Area. The GB Haddock Stock Area, for the 
purposes of identifying stock areas for trip limits specified in Sec. 
648.86 and for determining areas applicable to sector allocations of GB 
haddock ACE pursuant to paragraph (b) of this section, is defined as the 
area bounded on the west by the coastline of the United States, on the 
south by a line running from the east-facing coastline of North Carolina 
at 35 deg. N. lat. until its intersection with the EEZ, on the east by 
the U.S./Canadian maritime boundary, and bounded on the north by 
straight lines connecting the following points in the order stated:

                          GB Haddock Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\).............  70 deg. 00'
2..............................  42 deg. 20'.......  70 deg. 00'
3..............................  42 deg. 20'.......  (\2\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and 70
  deg. 00' W. long.
\2\ U.S./Canada maritime boundary.

    (E) Redfish Stock Area. The Redfish Stock Area, for the purposes of 
identifying stock areas for trip limits specified in Sec. 648.86 and 
for determining areas applicable to sector allocations of redfish ACE 
pursuant to paragraph (b) of this section, is defined as the area 
bounded on the north and west by the coastline of the United States, on 
the east by the U.S./Canadian maritime boundary, and bounded on the 
south by a rhumb line running from the east-facing coastline of North 
Carolina at 35 deg. N. lat. until its intersection with the EEZ.
    (F) GOM Winter Flounder Stock Area. The GOM Winter Flounder Stock 
Area, for the purposes of identifying stock areas for trip limits 
specified in Sec. 648.86 and for determining areas applicable to sector 
allocations of GOM winter flounder ACE pursuant to paragraph (b) of this 
section, is the area bounded by straight lines connecting the following 
points in the order stated:

                     GOM Winter Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\)                70 deg.00'
2..............................  42 deg.20'           70 deg.00'
3..............................  42 deg.20'           67 deg.40'
4..............................  (\2\)                67 deg.40'
5..............................  (\3\)                67 deg.40'
6..............................  43 deg.50'           67 deg.40'

[[Page 810]]

 
7..............................  43 deg.50'           \4\
8..............................  (\4\)                67 deg.00'
9..............................  (\5\)                67 deg.00'
------------------------------------------------------------------------
(\1\) Intersection of the north-facing coastline of Cape Cod, MA, and 70
  deg.00' W. long.
(\2\) U.S./Canada maritime boundary (southern intersection with 67
  deg.40' N. lat.)
(\3\) U.S./Canada maritime boundary (northern intersection with 67
  deg.40' N. lat.)
(\4\) U.S./Canada maritime boundary.
(\5\) Intersection of the south-facing ME coastline and 67 deg.00' W.
  long.

    (iii) Sector AMs. At the end of the fishing year, NMFS shall 
evaluate sector catch using VTR, VMS, IVR, and any other available 
information to determine whether a sector has exceeded any of its ACE 
allocations based upon the cumulative catch by participating permits/
vessels, as identified in the final operations plan approved by the 
Regional Administrator pursuant to paragraph (c) of this section, and 
each sector's share of any overage of the overall ACL for any stock 
caused by excessive catch by other sub-components of the fishery 
pursuant to Sec. 648.90(a)(5), if necessary. Should an ACE allocated to 
a sector be exceeded in a given fishing year, the sector's ACE shall be 
reduced by the overage on a pound-for-pound basis during the following 
fishing year, and the sector, each vessel, vessel operator and/or vessel 
owner participating in the sector may be charged, as a result of said 
overages, jointly and severally for civil penalties and permit sanctions 
pursuant to 15 CFR part 904. If an ACE allocated to a sector is not 
exceeded in a given fishing year pursuant to this paragraph (b)(1)(iii), 
the sector's ACE allocation shall not be reduced for the following 
fishing year as a result of an overage of an ACE by non-compliant 
sectors or an overage of sub-ACLs allocated to common pool vessels, but 
may be reduced if the excessive catch of a particular stock by other 
sub-components of the fishery causes the overall ACL of a particular 
stock to be exceeded pursuant to Sec. 648.90(a)(5). If declining stock 
conditions result in a need to reduce fishing mortality, and all sectors 
and common pool vessels have operated within their ACE or sub-ACL 
limits, a sector's percentage share shall not be changed, but the amount 
this share represents may be reduced due to reduced overall ACL for a 
particular stock. If stock conditions improve, and certain sectors stay 
within their ACE while other sectors or the common pool exceed their 
respective ACEs or sub-ACLs, the sectors that stay within their ACEs 
shall receive a temporary increase in ACE equal to the amount that other 
sectors or the common pool exceeded their ACE or sub-ACL, divided among 
such sectors proportional to each sector's share of the ACL available to 
vessels issued a limited access NE multispecies permit.
    (A) Overage penalty if there is sufficient ACE to cover the overage. 
If a sector exceeds an ACE allocated to it during the previous fishing 
year, but has sufficient ACE to address the overage pursuant to this 
paragraph (b)(1)(iii) based upon the cumulative PSCs of participating 
vessels during the fishing year following the overage, no overage 
penalty shall be applied to any member permit/vessel that leaves that 
sector to fish under the provisions of the common pool or in another 
sector in the year following the overage. Any impacts to departing 
member permits/vessels may be specified and addressed by the sector 
operations plan and associated sector contract.
    (B) Overage penalty if there is insufficient ACE to cover an 
overage. If a sector exceeds an ACE allocated to it during the previous 
fishing year, but disbands in the year following the overage, or 
otherwise does not have sufficient ACE to address the overage pursuant 
to this paragraph (b)(1)(iii) based upon the cumulative PSCs of permits/
vessels participating in that sector during the fishing year following 
the overage, individual permit holders that participated in the sector 
during the fishing year in which the overage occurred shall be 
responsible for reducing their DAS/PSC to account for that overage in 
the subsequent fishing year, as follows:
    (1) PSC reduction. If a sector disbands following an overage, and 
the owner of an individual permit joins another sector for the 
subsequent fishing year,

[[Page 811]]

that permit's contribution toward the ACE for the stock for which the 
overage occurred to the other sector in the subsequent fishing year 
shall be reduced by an amount equal to the overage divided by the number 
of permits/vessels participating in the sector during the fishing year 
in which the overage occurred. For example, if a sector comprised of 10 
permits/vessels exceeded its GB cod ACE by 10,000 lb (4,536 kg) during 
the previous fishing year, but later disbands, each permit/vessel that 
was in that sector, but then joins another sector during the following 
fishing year shall have its contribution of GB cod to another sector 
temporarily reduced by 1,000 lb (453.6 kg) during the subsequent fishing 
year for the purposes of calculating the available GB cod ACE allocated 
to another sector during that fishing year.
    (2) DAS reduction. If a sector disbands following an overage and the 
owner of an individual permit elects to fish under the provisions of the 
common pool during the subsequent fishing year, that permit/vessel's NE 
multispecies Category A DAS allocation for the subsequent fishing year 
shall be temporarily reduced by an amount proportional to the highest 
percentage overage by that sector of any of the stocks for which an 
overage occurred. For example, if a sector exceeded its GB cod ACE by 10 
percent and its pollock ACE by 15 percent, each permit would receive a 
15-percent reduction in its Category A DAS allocation for the subsequent 
fishing year if fishing under the provisions of the common pool.
    (3) Fishing prohibition. If a sector does not disband following an 
overage, but otherwise does not have sufficient ACE to cover an overage 
based upon the PSC of participating permits, that sector's ACE for the 
stock for which the overage occurred shall be temporarily reduced to 
zero for the following fishing year, and that sector shall be prohibited 
from fishing on a sector trip in the stock area associated with the 
stock for which the ACE was exceeded during the following year, unless 
and until that sector can acquire sufficient ACE from another sector to 
cover the remaining overage from the previous fishing year. For example, 
if a sector comprised of 10 permits/vessels was allocated 10 mt of GB 
cod ACE, but caught 25 mt during the previous fishing year (i.e., it 
exceeded its GB cod ACE by 15 mt), each permit/vessel that participating 
in that sector during the following fishing year would have its GB cod 
PSC temporarily reduced to zero during the subsequent fishing year, and 
that sector would not be able to fish on a sector trip in the GB cod 
stock area until it could acquire at least an additional 5 mt of GB cod 
ACE from another sector (i.e., 15 mt overage--10 mt ACE for the 
following year = 5 mt overage remaining).
    (C) ACE buffer. At the beginning of each fishing year, NMFS shall 
withhold 20 percent of a sector's ACE for each stock for a period of up 
to 61 days (i.e., through June 30), unless otherwise specified by NMFS, 
to allow time to process any ACE transfers submitted at the end of the 
fishing year pursuant to paragraph (b)(1)(viii) of this section and to 
determine whether the ACE allocated to any sector needs to be reduced, 
or any overage penalties need to be applied to individual permits/
vessels in the current fishing year to accommodate an ACE overage by 
that sector during the previous fishing year, as specified in paragraph 
(b)(1)(iii) of this section. NMFS shall not withhold 20 percent of a 
sector's ACE at the beginning of a fishing year in which default 
specifications are in effect, as specified in Sec. 648.90(a)(3).
    (iv) Sector enforcement--(A) Sector compliance and joint/several 
liability. Unless exempted through a letter of authorization specified 
in paragraph (c)(2) of this section, each vessel operator and/or vessel 
owner fishing under an approved sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
sector must also comply with all applicable requirements and conditions 
of the operations plan specified in paragraph (b)(2) of this section and 
the letter of authorization issued pursuant to paragraph (c)(2) of this 
section. Pursuant to 15 CFR part 904, each sector, permit/vessel owner, 
and vessel operator participating in the sector may be charged jointly 
and severally for violations of the following sector operations

[[Page 812]]

plan requirements, which may result in an assessment of civil penalties 
and permit sanctions: ACE overages, discarding of legal-sized NE 
multispecies, and misreporting of catch, including both landings and 
discards. For the purposes of enforcement, a sector is a legal entity 
that can be subject to NMFS enforcement action for violations of the 
regulations pertaining to sectors, as specified in this paragraph 
(b)(1)(iv).
    (B) Commitment to a sector. A permit/vessel participating in a 
sector must remain in the sector for the remainder of the fishing year. 
Such permits/vessels cannot fish under both the sector provisions and 
the provisions of the common pool during that same fishing year for any 
reason, including, but not limited to, expulsion from the sector 
pursuant to enforcement actions or other measures specified in an 
approved sector operations plan, vessel replacement, or permit/vessel 
sale to another owner. For example, if a permit/vessel is sold by a 
sector participant during the fishing year, the new owner must comply 
with the sector regulations and the conditions of the sector operations 
plan, sector contract, or any other binding agreements among 
participating sector vessels for the remainder of the fishing year. If a 
permit/vessel has been expelled from a sector, the sector must notify 
NMFS of such an expulsion immediately. Any permit/vessel, vessel 
operator, or vessel owner removed from a sector during a specific 
fishing year consistent with sector rules shall not be eligible to fish 
in another sector or under the NE multispecies regulations for common 
pool vessels specified in this part for the remainder of that fishing 
year. For the purposes of this paragraph, ``permit/vessel'' refers to 
the fishing and landings history associated with a particular permit/
vessel enrolled in a specific sector at the start of the fishing year 
that was used to calculate the PSC for that permit/vessel and contribute 
to the ACE for each stock allocated to that specific sector.
    (v) Sector monitoring. Each sector shall monitor catch by 
participating sector vessels to ensure that ACEs are not exceeded during 
the fishing year, as specified in this paragraph (b)(1)(v). The sector 
shall summarize trips validated by dealer reports; oversee the use of 
electronic monitoring equipment and review of associated data; maintain 
a database of VTR, dealer, observer, and electronic monitoring reports; 
determine all species landings by stock areas; apply discard estimates 
to landings; deduct catch from ACEs allocated to sectors; and report 
sector catch on a weekly basis to NMFS, as required in paragraph 
(b)(1)(vi) of this section. Unless otherwise specified in this paragraph 
(b)(1)(v), all catches of stocks allocated to sectors by vessels on a 
sector trip shall be deducted from the sector's ACE for each NE 
multispecies stock regardless of what the fishery the vessel was 
participating in when the fish was caught. For the purposes of this 
paragraph (b)(1)(v), any regulated species or ocean pout caught using 
gear capable of catching NE multispecies (i.e., gear not listed as 
exempted gear under this part) would be deducted from a sector's ACE if 
such catch contributed to the specification of PSC, as described in 
Sec. 648.87(b)(1)(i)(E), and would not apply to another ACL sub-
component pursuant to Sec. 648.90(a)(4). For example, any regulated 
species or ocean pout landed while fishing for or catching skates or 
monkfish pursuant to the regulations for those fisheries would be 
deducted from the sector's ACE for each stock because such regulated 
species or ocean pout were caught while also operating under a NE 
multispecies DAS. However, if a sector vessel is issued a limited access 
General Category Atlantic Sea Scallop permit and fishes for scallops 
under the provisions specific to that permit, any yellowtail flounder 
caught by the vessel on such trips would be deducted from the other sub-
component of the appropriate stock of yellowtail flounder's ACL 
specified for the Atlantic Sea Scallop fishery and not from the 
yellowtail flounder ACE for the sector.
    (A) Discards. A sector vessel may not discard any legal-sized 
regulated species or ocean pout allocated to sectors pursuant to 
paragraph (b)(1)(i) of this section, unless otherwise required pursuant 
to Sec. 648.86(l). Discards of undersized regulated species or ocean 
pout by a sector vessel must be reported to

[[Page 813]]

NMFS consistent with the reporting requirements specified in paragraph 
(b)(1)(vi) of this section. Discards shall not be included in the 
information used to calculate a vessel's PSC, as described in Sec. 
648.87(b)(1)(i)(E), but shall be counted against a sector's ACE for each 
NE multispecies stock allocated to a sector.
    (B) Independent third-party monitoring program. A sector must 
develop and implement an at-sea or electronic monitoring program that is 
satisfactory to, and approved by, NMFS for monitoring catch and discards 
and utilization of sector ACE, as specified in this paragraph 
(b)(1)(v)(B). The primary goal of the at-sea/electronic monitoring 
program is to verify area fished, as well as catch and discards by 
species and gear type, in the most cost-effective means practicable. All 
other goals and objectives of groundfish monitoring programs at Sec. 
648.11(l) are considered equally-weighted secondary goals. The details 
of any at-sea or electronic monitoring program must be specified in the 
sector's operations plan, pursuant to paragraph (b)(2)(xi) of this 
section, and must meet the operational standards specified in paragraph 
(b)(5) of this section. Electronic monitoring may be used in place of 
actual observers if the technology is deemed sufficient by NMFS for a 
specific trip type based on gear type and area fished, in a manner 
consistent with the Administrative Procedure Act. The level of coverage 
for trips by sector vessels is specified in paragraph (b)(1)(v)(B)(1) of 
this section. The at-sea/electronic monitoring program shall be reviewed 
and approved by the Regional Administrator as part of a sector's 
operations plans in a manner consistent with the Administrative 
Procedure Act. A service provider providing at-sea or electronic 
monitoring services pursuant to this paragraph (b)(1)(v)(B) must meet 
the service provider standards specified in paragraph (b)(4) of this 
section, and be approved by NMFS in a manner consistent with the 
Administrative Procedure Act.
    (1) Coverage levels. Except as specified in paragraph 
(b)(1)(v)(B)(1)(i) of this section, any service provider providing at-
sea or electronic monitoring services required under this paragraph 
(b)(1)(v)(B)(1) must provide coverage that is fair and equitable, and 
distributed in a statistically random manner among all trips such that 
coverage is representative of fishing activities by all vessels within 
each sector and by all operations of vessels operating in each sector 
throughout the fishing year. Coverage levels for an at-sea monitoring 
program shall be specified by NMFS, pursuant to paragraph 
(b)(1)(v)(B)(1)(i) of this section, but shall be less than 100 percent 
of all sector trips. In the event that a NMFS-sponsored observer and a 
third-party at-sea monitor are assigned to the same trip, only the NMFS 
observer must observe that trip. If either an at-sea monitor or 
electronic monitoring is assigned to a particular trip, a vessel may not 
leave port without the appropriate at-sea monitor or electronic 
monitoring equipment on board.
    (i) At-sea/electronic monitoring. Coverage levels must be sufficient 
to at least meet the coefficient of variation specified in the 
Standardized Bycatch Reporting Methodology at the overall stock level 
for each stock of regulated species and ocean pout, and to monitor 
sector operations, to the extent practicable, in order to reliably 
estimate overall catch by sector vessels. In making its determination, 
NMFS shall take into account the primary goal of the at-sea/electronic 
monitoring program to verify area fished, as well as catch and discards 
by species and gear type, in the most cost-effective means practicable, 
the equally-weighted secondary goals and objectives of groundfish 
monitoring programs detailed at Sec. 648.11(l), the National Standards 
and requirements of the Magnuson-Stevens Act, and any other relevant 
factors. NMFS will determine the total target coverage level (i.e., 
combined NEFOP coverage and at-sea/electronic monitoring coverage) for 
the upcoming fishing year using the criteria in this paragraph. Annual 
coverage levels will be based on the most recent 3-year average of the 
total required coverage level necessary to reach the required 
coefficient of variation for each stock. For example, if data from the 
2012 through 2014 fishing years are the most recent three complete 
fishing years available for the fishing year 2016 projection,

[[Page 814]]

NMFS will use data from these three years to determine 2016 target 
coverage levels. For each stock, the coverage level needed to achieve 
the required coefficient of variation would be calculated first for each 
of the 3 years and then averaged (e.g., (percent coverage necessary to 
meet the required coefficient of variation in year 1 + year 2 + year 3)/
3). The coverage level that will apply is the maximum stock-specific 
rate after considering the following criteria. For a given fishing year, 
stocks that are not overfished, with overfishing not occurring according 
to the most recent available stock assessment, and that in the previous 
fishing year have less than 75 percent of the sector sub-ACL harvested 
and less than 10 percent of catch comprised of discards, will not be 
used to predict the annual target coverage level. A stock must meet all 
of these criteria to be eliminated as a predictor for the annual target 
coverage level for a given year.
    (ii) A sector vessel that declares its intent to exclusively fish 
using gillnets with a mesh size of 10-inch (25.4-cm) or greater in 
either the Inshore GB Stock Area, as defined at Sec. 648.10(k)(3)(ii), 
and/or the SNE Broad Stock Area, as defined at Sec. 648.10(k)(3)(iv), 
is not subject to the coverage level specified in this paragraph 
(b)(1)(v)(B)(1) of this section provided that the trip is limited to the 
Inshore GB and/or SNE Broad Stock Areas and that the vessel only uses 
gillnets with a mesh size of 10-inches (25.4-cm) or greater. When on 
such a trip, other gear may be on board provided that it is stowed and 
not available for immediate use as defined in Sec. 648.2. A sector trip 
fishing with 10-inch (25.4-cm) mesh or larger gillnets will still be 
subject to the annual coverage level if the trip declares its intent to 
fish in any part of the trip in the GOM Stock area, as defined at Sec. 
648.10(k)(3)(i), or the Offshore GB Stock Area, as defined at Sec. 
648.10(k)(3)(iii).
    (2) Hail reports. For the purposes of the at-sea monitoring 
requirements specified in paragraph (b)(1)(v)(B) of this section, sector 
vessels must submit all hail reports for a sector trip in which the NE 
multispecies catch applies against the ACE allocated to a sector, as 
specified in this part, to service providers offering at-sea monitoring 
services. The mechanism and timing of the transmission of such hail 
reports must be consistent with instructions provided by the Regional 
Administrator for any at-sea or electronic monitoring program required 
by paragraph (b)(1)(v)(B) of this section, or specified in the annual 
sector operations plan, consistent with paragraph (b)(5) of this 
section.
    (3) Notification of service provider change. If, for any reason, a 
sector decides to change approved service providers used to provide at-
sea or electronic monitoring services required in this paragraph 
(b)(1)(v), the sector manager must first inform NMFS in writing in 
advance of the effective date of the change in approved service 
providers in conjunction with the submission of the next weekly sector 
catch report specified in paragraph (b)(1)(vi)(B) of this section. A 
sector may employ more than one service provider at any time, provided 
any service provider employed by a sector meets the standards specified 
in paragraph (b)(4) of this section.
    (vi) Sector reporting requirements. In addition to the other 
reporting/recordkeeping requirements specified in this part, a sector's 
vessels must comply with the reporting requirements specified in this 
paragraph (b)(1)(vi).
    (A) VMS declarations and trip-level catch reports. Prior to each 
sector trip, a sector vessel must declare into broad stock areas in 
which the vessel fishes and submit the VTR serial number associated with 
that trip pursuant to Sec. 648.10(k). The sector vessel must also 
submit a VMS catch report detailing regulated species and ocean pout 
catch by broad stock areas when fishing in multiple stock areas on the 
same trip, pursuant to Sec. 648.10(k).
    (B) Weekly catch report. Each sector must submit weekly reports to 
NMFS stating the remaining balance of ACE allocated to each sector based 
upon regulated species and ocean pout landings and discards of vessels 
participating in that sector and any compliance/enforcement concerns. 
These reports must include at least the following information, as 
instructed by

[[Page 815]]

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

[[Page 816]]

Regional Administrator shall inform both sectors in writing whether the 
ACE transfer request has been approved within 2 weeks of the receipt of 
the ACE transfer request.
    (C) Duration of transfer. Notwithstanding ACE carried over into the 
next fishing year pursuant to paragraph (b)(1)(i)(C) of this section, 
ACE transferred pursuant to this paragraph (b)(1)(viii) is only valid 
for the fishing year in which the transfer is approved, with the 
exception of ACE transfer requests that are submitted up to 2 weeks into 
the subsequent fishing year to address any potential ACE overages from 
the previous fishing year, as provided in paragraph (b)(1)(iii) of this 
section, unless otherwise instructed by NMFS.
    (ix) Trip limits. With the exception of stocks listed in Sec. 
648.86(1) and the Atlantic halibut trip limit at Sec. 648.86(c), a 
sector vessel is not limited in the amount of allocated NE multispecies 
stocks that can be harvested on a particular fishing trip, unless 
otherwise specified in the operations plan.
    (2) Operations plan and sector contract. To be approved to operate, 
each sector must submit an operations plan and preliminary sector 
contract to the Regional Administrator no later than September 1 prior 
to the fishing year in which the sector intends to begin operations, 
unless otherwise instructed by NMFS. A final roster, sector contract, 
and list of Federal and state permits held by participating vessels for 
each sector must be submitted by December 1 prior to the fishing year in 
which the sector intends to begin operations, unless otherwise 
instructed by NMFS. The operations plan may cover a 1- or 2-year period, 
provided the analysis required in paragraph (b)(3) of this section is 
sufficient to assess the impacts of sector operations during the 2-year 
period and that sector membership, or any other parameter that may 
affect sector operations during the second year of the approved 
operations plan, does not differ to the point where the impacts analyzed 
by the supporting NEPA document are compromised. Each vessel and vessel 
operator and/or vessel owner participating in a sector must agree to and 
comply with all applicable requirements and conditions of the operations 
plan specified in this paragraph (b)(2) and the letter of authorization 
issued pursuant to paragraph (c)(2) of this section. It shall be 
unlawful to violate any such conditions and requirements unless such 
conditions or restrictions are identified in an approved operations plan 
as administrative only. If a proposed sector does not comply with the 
requirements of this paragraph (b)(2), NMFS may decline to propose for 
approval such sector operations plans, even if the Council has approved 
such sector. At least the following elements must be contained in either 
the final operations plan or sector contract submitted to NMFS:
    (i) A list of all parties, vessels, and vessel owners who will 
participate in the sector;
    (ii) A list of all Federal and state permits held by persons 
participating in the sector, including an indication for each permit 
whether it is enrolled and will actively fish in a sector, or will be 
subject to the provisions of the common pool;
    (iii) A contract signed by all sector participants indicating their 
agreement to abide by the operations plan;
    (iv) The name of a designated representative or agent of the sector 
for service of process;
    (v) If applicable, a plan for consolidation or redistribution of ACE 
detailing the quantity and duration of such consolidation or 
redistribution within the sector;
    (vi) A list of the specific management rules the sector participants 
will agree to abide by in order to avoid exceeding the allocated ACE for 
each stock, including a plan of operations or cessation of operations 
once the ACEs of one or more stocks are harvested and detailed plans for 
enforcement of the sector rules;
    (vii) A plan that defines the procedures by which members of the 
sector that do not abide by the rules of the sector will be disciplined 
or removed from the sector, and a procedure for notifying NMFS of such 
expulsions from the sector;
    (viii) If applicable, a plan of how the ACE allocated to the sector 
is assigned to each vessel;

[[Page 817]]

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

[[Page 818]]

    (D) A statement, signed under penalty of perjury, from each owner, 
board member, and officer describing any criminal convictions, Federal 
contracts they have had, and the performance rating they received on the 
contract, and previous decertification action while working as an 
observer or observer service provider;
    (E) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments 
including, but not limited to, recruiting, hiring, deployment, and 
personnel administration;
    (F) A description of the applicant's ability to carry out the 
responsibilities and duties of a sector monitoring/reporting service 
provider and the arrangements to be used, including whether the service 
provider is able to offer at-sea monitoring services;
    (G) Evidence of adequate insurance (copies of which shall be 
provided to the vessel owner, operator, or vessel manager, when 
requested) to cover injury, liability, and accidental death to cover at-
sea monitors (including during training); vessel owner; and service 
provider. NMFS will determine the adequate level of insurance and notify 
potential service providers;
    (H) Proof of benefits and personnel services provided in accordance 
with the terms of each monitor's contract or employment status;
    (I) Proof that the service provider's at-sea monitors have passed an 
adequate training course sponsored by the service providers to the 
extent not funded by NMFS that is consistent with the curriculum used in 
the current yearly NEFOP training course, unless otherwise specified by 
NMFS;
    (J) An Emergency Action Plan describing the provider's response to 
an emergency with an at-sea monitor, including, but not limited to, 
personal injury, death, harassment, or intimidation; and
    (K) Evidence that the company is in good financial standing;
    (ii) Service provider performance requirements. At-sea monitoring 
service providers must be able to document compliance with the following 
criteria and requirements:
    (A) A service provider must establish and carry out a comprehensive 
plan to deploy NMFS-certified at-sea monitors, or other at-sea 
monitoring mechanism, such as electronic monitoring equipment that is 
approved by NMFS, according to a prescribed coverage level (or level of 
precision for catch estimation), as specified by NMFS, including all of 
the necessary vessel reporting/notice requirements to facilitate such 
deployment, as follows:
    (1) A service provider must be available to industry 24 hr per day, 
7 days per week, with the telephone system monitored a minimum of four 
times daily to ensure rapid response to industry requests;
    (2) A service provider must be able to deploy at-sea monitors, or 
other approved at-sea monitoring mechanism to all ports in which service 
is required by sectors, or a subset of ports as part of a contract with 
a particular sector;
    (3) A service provider must report at-sea monitors and other 
approved at-sea monitoring mechanism deployments to NMFS and the sector 
manager in a timely manner to determine whether the predetermined 
coverage levels are being achieved for the appropriate sector;
    (4) A service provider must assign at-sea monitors and other 
approved at-sea monitoring mechanisms without regard to any preference 
by the sector manager or representatives of vessels other than when the 
service is needed and the availability of approved/certified monitors 
and other at-sea monitoring mechanisms;
    (5) A service provider's at-sea monitor assignment must be fair, 
equitable, representative of fishing activities within each sector, and 
able to monitor fishing activity throughout the fishing year;
    (6) For service providers offering catch estimation or at-sea 
monitoring services, a service provider must be able to determine an 
estimate of discards for each trip and provide such information to the 
sector manager and NMFS, as appropriate and as required by this section;
    (B) The service provider must ensure that at-sea monitors remain 
available to NMFS, including NMFS Office for Law Enforcement, for 
debriefing for at

[[Page 819]]

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

[[Page 820]]

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

[[Page 821]]

amount of each species kept and discarded shall be submitted 
electronically in a standard acceptable form to the appropriate sector 
and NMFS within 48 hr of the completion of the trip, as instructed by 
the Regional Administrator. The data elements to be collected and the 
format for submission shall be specified by NMFS and distributed to all 
approved at-sea/electronic monitoring service providers and sectors. At-
sea/electronic monitoring data shall not be accepted until such data 
pass automated NMFS data quality checks.
    (iv) Safety hazards--(A)Vessel requirements. The operator of a 
sector vessel must detail and identify any safety hazards to any at-sea 
monitor assigned pursuant to paragraph (b)(5)(iii)(B)(1) of this section 
prior to leaving port. A vessel cannot begin a trip if it has failed a 
review of safety issues pursuant to paragraph (b)(5)(iv)(B) of this 
section, until the identified safety deficiency has been resolved, 
pursuant to Sec. 600.746(i).
    (B) At-sea/electronic monitoring service provider requirements. An 
at-sea monitor must complete a pre-trip vessel safety checklist provided 
by NMFS before an at-sea monitor can leave port onboard a vessel on a 
sector trip. If the vessel fails a review of safety issues pursuant to 
this paragraph (b)(5)(iv)(B), an at-sea monitor cannot be deployed on 
that vessel for that trip.
    (v) Adjustment to operational standards. The at-sea/electronic 
monitoring operational standards specified in paragraph (b)(5) of this 
section may be revised by the Regional Administrator in a manner 
consistent with the Administrative Procedure Act.
    (c) Approval of a sector and granting of exemptions by the Regional 
Administrator. (1) Once the Regional Administrator has made a 
preliminary determination that the documents submitted pursuant to 
paragraphs (a)(1), (b)(2), and (b)(3) of this section appear to comply 
with the requirements of this section, NMFS may consult with the Council 
and approve or disapprove sector operations consistent with the 
Administrative Procedure Act and other applicable law.
    (2) If a sector is approved, the Regional Administrator shall issue 
a letter of authorization to each vessel operator and/or vessel owner 
participating in the sector. The letter of authorization shall authorize 
participation in the sector operations and may exempt participating 
vessels from any Federal fishing regulation implementing the NE 
multispecies FMP, except those specified in paragraphs (c)(2)(i) and 
(ii) of this section, in order to allow vessels to fish in accordance 
with an approved operations plan, provided such exemptions are 
consistent with the goals and objectives of the FMP. The letter of 
authorization may also include requirements and conditions deemed 
necessary to ensure effective administration of, and compliance with, 
the operations plan and the sector allocation. Solicitation of public 
comment on, and NMFS final determination on such exemptions shall be 
consistent with paragraphs (c)(1) and (2) of this section.
    (i) Regulations that may not be exempted for sector participants. 
The Regional Administrator may not exempt participants in a sector from 
the following Federal fishing regulations: Specific times and areas 
within the NE multispecies year-round closure areas; permitting 
restrictions (e.g., vessel upgrades, etc.); gear restrictions designed 
to minimize habitat impacts (e.g., roller gear restrictions, etc.); 
reporting requirements; AMs specified in Sec. 648.90(a)(5)(i)(D). For 
the purposes of this paragraph (c)(2)(i), the DAS reporting requirements 
specified in Sec. 648.82; the SAP-specific reporting requirements 
specified in Sec. 648.85; and the reporting requirements associated 
with a dockside monitoring program are not considered reporting 
requirements, and the Regional Administrator may exempt sector 
participants from these requirements as part of the approval of yearly 
operations plans. For the purpose of this paragraph (c)(2)(i), the 
Regional Administrator may not grant sector participants exemptions from 
the NE multispecies year-round closures areas defined as Essential Fish 
Habitat Closure Areas as defined in Sec. 648.81(h); the Fippennies 
Ledge Area as defined in paragraph (c)(2)(i)(A) of this section; Closed 
Area I and Closed Area II, as defined in Sec. 648.81(a) and (b),

[[Page 822]]

respectively, during the period February 16 through April 30; and the 
Western GOM Closure Area, as defined at Sec. 648.81(e), where it 
overlaps with GOM Cod Protection Closures I through III, as defined in 
Sec. 648.81(f)(4). This list may be modified through a framework 
adjustment, as specified in Sec. 648.90.
    (A) Fippennies Ledge Area. The Fippennies Ledge Area is bounded by 
the following coordinates, connected by straight lines in the order 
listed:

                          Fippennies Ledge Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................    42 deg.50.0'    69 deg.17.0'
2.......................................    42 deg.44.0'    69 deg.14.0'
3.......................................    42 deg.44.0'    69 deg.18.0'
4.......................................    42 deg.50.0'    69 deg.21.0'
1.......................................    42 deg.50.0'    69 deg.17.0'
------------------------------------------------------------------------

    (B) [Reserved]
    (ii) Universal sector exemptions. All sector vessels are exempt from 
the following Federal fishing regulations under this part:
    (A) Trip limits on NE multispecies stocks for which a sector 
receives an allocation of ACE pursuant to paragraph (b)(1)(i) of this 
section (i.e., all stocks except Atlantic halibut, ocean pout, 
windowpane flounder, and Atlantic wolffish);
    (B) The GOM Cod Protection Closures IV and V specified in Sec. 
648.81(f)(4)(iv) and (v) and the GB Seasonal Closed Area specified in 
Sec. 648.81(g)(1);
    (C) NE multispecies DAS restrictions other than those required to 
comply with effort controls in other fisheries, as specified in 
Sec. Sec. 648.92 and 648.322; and
    (D) The minimum codend mesh size restrictions for trawl gear 
specified in Sec. 648.80(a)(4)(i) when using a haddock separator trawl 
defined in Sec. 648.85(a)(3)(iii) or the Ruhle trawl defined in Sec. 
648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in Sec. 
648.80(a)(2), provided sector vessels use a codend with 6-inch (15.2-cm) 
minimum mesh.
    (3) The Regional Administrator may withdraw approval of a sector, 
after consultation with the Council, at any time, if it is determined 
that sector participants are not complying with the requirements of an 
approved operations plan or that the continuation of the operations plan 
will undermine achievement of fishing mortality objectives of the FMP. 
Withdrawal of approval of a sector may only be done in a manner 
consistent with the Administrative Procedure Act and other applicable 
law.
    (4) Any sector may submit a written request to amend its approved 
operations plan to the Regional Administrator. If the amendment is 
administrative in nature, within the scope of and consistent with the 
actions and impacts previously considered for current sector operations, 
the Regional Administrator may approve an administrative amendment in 
writing. The Regional Administrator may approve substantive changes to 
an approved operations plan in a manner consistent with the 
Administrative Procedure Act and other applicable law. All approved 
operations plan amendments will be published on the regional office Web 
site and will be provided to the Council.
    (d) Approved sector allocation proposals. Eligible NE multispecies 
vessels, as specified in paragraph (a)(3) of this section, may 
participate in the sectors identified in paragraphs (d)(1) through (25) 
of this section, provided the operations plan is approved by the 
Regional Administrator in accordance with paragraph (c) of this section 
and each participating vessel and vessel operator and/or vessel owner 
complies with the requirements of the operations plan, the requirements 
and conditions specified in the letter of authorization issued pursuant 
to paragraph (c) of this section, and all other requirements specified 
in this section. All operational aspects of these sectors shall be 
specified pursuant to the operations plan and sector contract, as 
required by this section.
    (1) GB Cod Hook Sector.
    (2) GB Cod Fixed Gear Sector.
    (3) Sustainable Harvest Sector.
    (4) Sustainable Harvest Sector II.
    (5) Sustainable Harvest Sector III.
    (6) Port Clyde Community Groundfish Sector.
    (7) Northeast Fishery Sector I.
    (8) Northeast Fishery Sector II.
    (9) Northeast Fishery Sector III.
    (10) Northeast Fishery Sector IV.
    (11) Northeast Fishery Sector V.
    (12) Northeast Fishery Sector VI.

[[Page 823]]

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

[[Page 824]]

state-operated permit bank upon written agreement by both parties. The 
state-operated permit bank may then redistribute the available ACE to 
another qualifying sector during that fishing year.
    (iii) Transferring ACE. Subject to the terms and conditions of the 
state-operated permit bank's MOAs with NMFS, as well as ACE transfer 
restrictions described in paragraph (b)(1)(viii) of this section, a 
state-operated permit bank may transfer ACE, on a stock-by-stock basis, 
to other state-operated permit banks.
    (iv) Reallocation of GB haddock or GB cod ACE. Subject to the terms 
and conditions of the state-operated permit bank's MOAs with NMFS, a 
state-operated permit bank may re-allocate all, or a portion, of its GB 
haddock or GB cod ACE specified for the Eastern U.S./Canada Area to the 
Western U.S./Canada Area provided it complies with the requirements in 
paragraph (b)(1)(i)(B)(2) of this section.
    (4) Allocation and utilization of days-at-sea--(i) Allocation of 
DAS. The number of DAS available for a state-operated permit bank to 
provide to sector or common pool vessels shall be the accumulated NE 
Multispecies Category A DAS assigned to the fishing vessel permits held 
by the state and appropriately declared by the state pursuant to 
paragraph (e)(1)(v) of this section to be either ``ACE permits'' or 
``common pool permits'' for that fishing year, consistent with the terms 
of the state's permit bank MOA.
    (ii) Acquiring DAS. A state-operated permit bank may not acquire DAS 
through a lease from a vessel permit (including permits held by other 
state-operated permit banks), as described in Sec. 684.82(k). If a 
vessel leases DAS from a state-operated permit bank, NMFS may authorize 
the return of the unused portion of such DAS to the state-operated 
permit bank upon written agreement by both parties, provided none of the 
DAS had been used. The state-operated permit bank may then redistribute 
the available DAS to another vessel during the same fishing year.
    (5) Annual report. A state-operated permit bank shall report to the 
Council annually on the performance of the state-operated permit bank. 
Such reports shall include at a minimum and to the extent that the 
information does not conflict with any regulations regarding the 
protection of personal and/or proprietary information, all elements 
listed in paragraph (e)(1)(v) of this section.
    (6) Use of additional funds. If additional funds from any source 
become available to a state-operated permit bank, the state-operated 
permit bank may not allocate or transfer any ACE that may be associated 
with any new permit purchased with those funds, until the state-operated 
permit bank provides the Council the opportunity to review the 
implications of the expanded state-operated permit bank to the goals and 
objectives of the NE Multispecies FMP.
    (7) Violation of the terms and conditions applicable to a state-
operated permit bank. If a state or state-operated permit bank violates 
or fails to comply with any of the requirements and conditions specified 
in this section or in the MOA referenced in paragraph (e)(1) of this 
section, the state or state-operated permit bank is subject to the 
actions and penalties specified in Sec. 648.4(n) or the MOA.

[75 FR 18338, 18374, Apr. 9, 2010, as amended at 76 FR 23072, Apr. 25, 
2011; 76 FR 42586, July 19, 2011; 77 FR 16497, Mar. 23, 2012; 77 FR 
26125, May 2, 2012; 78 FR 26160, 26208, May 3, 2013; 78 FR 53367, Sept. 
30, 2013; 79 FR 22447, Apr. 22, 2014; 79 FR 36436, June 27, 2014; 80 FR 
25141, May 1, 2015; 81 FR 26450, May 2, 2016]



Sec. 648.88  Multispecies open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access NE 
multispecies Handgear permit is subject to the following restrictions:
    (1) The vessel may possess and land up to 75 lb (90.7 kg) of cod, 
and up to the landing and possession limit restrictions for other NE 
multispecies specified in Sec. 648.86, provided the vessel complies 
with the restrictions specified in paragraph (a)(2) of this section. If 
either the GOM or GB cod trip limit applicable to a vessel fishing under 
a NE multispecies DAS permit, as specified in Sec. 648.86(b)(1) and 
(2), respectively, is adjusted by NMFS, the cod trip limit specified in 
this paragraph (a)(1) shall be adjusted proportionally (rounded up

[[Page 825]]

to the nearest 25 lb (11.3 kg)). For example, if the GOM cod trip limit 
specified at Sec. 648.86(b)(1) doubled, then the cod trip limit for the 
Handgear B category fishing in the GOM Regulated Mesh Area would also 
double to 150 lb (68 kg).
    (2) Restrictions: (i) The vessel may not use or possess on board 
gear other than handgear while in possession of, fishing for, or landing 
NE multispecies, and must have at least one standard tote on board;
    (ii) The vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year; and
    (iii) The vessel, if fishing with tub-trawl gear, may not fish with 
more than a maximum of 250 hooks.
    (iv) Declaration. To fish for GB cod south of the GOM Regulated Mesh 
Area, as defined at Sec. 648.80(a)(1), a vessel owner or operator must 
obtain, and retain on board, a letter of authorization from the Regional 
Administrator declaring an intent to fish south of the GOM Regulated 
Mesh Area, and may not fish in any other area for a minimum of 7 
consecutive days from the effective date of the letter of authorization. 
Such a vessel may transit the GOM Regulated Mesh Area, provided that 
their gear is stowed and not available for immediate use as defined in 
Sec. 648.2.
    (b) Charter/party permit. A vessel that has been issued a valid open 
access NE multispecies charter/party permit is subject to the additional 
restrictions on gear, recreational minimum fish sizes, possession 
limits, and prohibitions on sale specified in Sec. 648.89, and any 
other applicable provisions of this part.
    (c) Scallop NE multispecies possession limit permit. With the 
exception of vessels fishing in the Sea Scallop Access Areas as 
specified in Sec. 648.59(b) through (d), a vessel that has been issued 
a valid open access scallop NE multispecies possession limit permit may 
possess and land up to 300 lb (136.1 kg) of regulated NE multispecies 
when fishing under a scallop DAS allocated under Sec. 648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30, as specified under Sec. 648.86(a)(2)(i), and provided 
that the amount of regulated NE multispecies on board the vessel does 
not exceed any of the pertinent trip limits specified under Sec. 
648.86, and provided the vessel has at least one standard tote on board. 
A vessel fishing in the Sea Scallop Access Areas as specified in Sec. 
648.59(b) through (d) is subject to the possession limits specified in 
Sec. 648.60(a)(5)(ii).
    (d) Non-regulated NE multispecies permit. A vessel issued a valid 
open access non-regulated NE multispecies permit may possess and land 
one Atlantic halibut and unlimited amounts of the other non-regulated NE 
multispecies, unless otherwise restricted by Sec. 648.86. The vessel is 
subject to restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provisions of this part.

[69 FR 22983, Apr. 27, 2004, as amended at 69 FR 63481, Nov. 2, 2004; 71 
FR 62195, Oct. 23, 2006; 75 FR 18348, Apr. 9, 2010; 76 FR 23075, Apr. 
25, 2011; 77 FR 19143, Mar. 30, 2012; 79 FR 52580, Sept. 4, 2014; 79 FR 
67375, Nov. 13, 2014; 80 FR 25141, May 1, 2015]



Sec. 648.89  Recreational and charter/party vessel restrictions.

    (a) Recreational gear restrictions. Persons aboard charter/party 
vessels permitted under this part and not fishing under the DAS program 
or under the restrictions and conditions of an approved sector 
operations plan, as specified in Sec. 648.87(c), and recreational 
fishing vessels in the EEZ, are prohibited from fishing with more than 
one line per angler, and all other gear on board must be stowed and not 
available for immediate use as defined in Sec. 648.2.
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless 
further restricted under this section, persons aboard charter or party 
boats permitted under this part and not fishing under the NE 
multispecies DAS program or under the restrictions and conditions of an 
approved sector operations plan, and private recreational fishing 
vessels in or possessing fish from the EEZ, may not possess fish smaller 
than the minimum fish sizes, measured in total length, as follows:

------------------------------------------------------------------------
                                                          Minimum size
                        Species                        -----------------
                                                         Inches     cm
------------------------------------------------------------------------
Cod:

[[Page 826]]

 
  Inside GOM Regulated Mesh Area \1\..................       24     61.0
  Outside GOM Regulated Mesh Area \1\.................       22     55.9
Haddock:
  Inside GOM Regulated Mesh Area \1\..................       17     43.2
  Outside GOM Regulated Mesh Area \1\.................       18     45.7
Pollock...............................................       19     48.3
Witch Flounder (gray sole)............................       14     35.6
Yellowtail Flounder...................................       13     33.0
American Plaice (dab).................................       14     35.6
Atlantic Halibut......................................       41    104.1
Winter Flounder (blackback)...........................       12     30.5
Redfish...............................................        9     22.9
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified, if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (3) Fish fillets, or parts of fish, must have at least 2 square 
inches (5.1 square cm) of skin on while possessed on board a vessel and 
at the time of landing in order to meet minimum size requirements. The 
skin must be contiguous and must allow ready identification of the fish 
species.
    (c) Possession Restrictions--(1) Recreational fishing vessels. (i) 
Each person on a private recreational vessel may possess no more than 10 
cod per day in, or harvested from, the EEZ when fishing outside of the 
GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
    (ii) Each person on a private recreational fishing vessel, fishing 
from August 1 through September 30, may possess no more than one cod per 
day in, or harvested from, the EEZ when fishing in the GOM Regulated 
Mesh Area specified in Sec. 648.80(a)(1); with the exception that each 
person on a private recreational vessel in possession of cod caught 
outside the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1) may 
transit this area with more than one such cod per person up to the 
possession limit specified at paragraph (c)(1)(i) of this section, 
provided all bait and hooks are removed from fishing rods and any cod on 
board has been gutted and stored.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod harvested by recreational fishing vessels in or from the 
EEZ with more than one person aboard may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of fish on board by the number of persons on board. 
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 or operator of the vessel.
    (v) Cod must be stored so as to be readily available for inspection.
    (2) Charter or party boats. (i) Each person on a charter or party 
boat permitted under this part and not fishing under the NE multispecies 
DAS program or on a sector trip may possess unlimited cod when fishing 
outside of the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
    (ii) Each person on a charter or party boat permitted under this 
part, fishing from August 1 through September 30, and not fishing under 
the NE multispecies DAS program or on a sector trip, may possess no more 
than one cod per day in the GOM Regulated Mesh Area specified in Sec. 
648.80(a)(1); with the exception that each person on a charter or party 
boat in possession of cod caught outside the GOM Regulated Mesh Area 
specified in Sec. 648.80(a)(1) may transit this area with more than one 
such cod up to any possession limit under paragraph (c)(2)(i) of this 
section, provided all bait and hooks are removed from fishing rods and 
any cod on board has been gutted and stored.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod harvested by a charter or party boat with more than one 
person aboard may be pooled in one or more containers. Compliance with 
the possession limits will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limits on board a vessel carrying more than one person, 
the violation shall be

[[Page 827]]

deemed to have been committed by the owner or operator of the vessel.
    (v) Cod must be stored so as to be readily available for inspection.
    (3) Atlantic halibut. Charter and party vessels permitted under this 
part, and recreational fishing vessels fishing in the EEZ, may not 
possess, on board, more than one Atlantic halibut.
    (4) Accounting of daily trip limit. For the purposes of determining 
the per day trip limit for cod and haddock for private recreational 
fishing vessels and charter or party boats, any trip in excess of 15 
hours and covering 2 consecutive calendar days will be considered more 
than 1 day. Similarly, any trip in excess of 39 hours and covering 3 
consecutive calendar days will be considered more than 2 days and, so 
on, in a similar fashion.
    (5) Atlantic wolffish. Persons aboard charter/party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, on a sector trip, under a Handgear A permit, under a Handgear B 
permit, or under a Small Vessel Category C permit, and private 
recreational fishing vessels in or possessing fish from the EEZ may not 
possess Atlantic wolffish.
    (6) Windowpane flounder. Persons aboard charter/party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, on a sector trip, under a Handgear A permit, under a Handgear B 
permit, or under a Small Vessel Category C permit, and private 
recreational fishing vessels in or possessing fish from the EEZ, may not 
possess windowpane flounder.
    (7) Ocean pout. Persons aboard charter/party vessels permitted under 
this part and not fishing under the NE multispecies DAS program, on a 
sector trip, under a Handgear A permit, under a Handgear B permit, or 
under a Small Vessel Category C permit, and private recreational fishing 
vessels in or possessing fish from the EEZ may not possess ocean pout.
    (8) Haddock--(i) Outside the Gulf of Maine--(A) Private recreational 
vessels. Each person on a private recreational vessel may possess 
unlimited haddock in, or harvested from, the EEZ when fishing outside of 
the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may possess unlimited 
haddock in, or harvested from, the EEZ when fishing outside of the GOM 
Regulated Mesh Area specified in Sec. 648.80(a)(1).
    (ii) Gulf of Maine--(A) Private recreational vessels. Each person on 
a private recreational vessel in possession of haddock caught outside 
the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1) may transit 
this area with more than the GOM haddock possession limit specified at 
paragraph (c)(8)(ii) of this section up to the possession limit 
specified at paragraph (c)(8)(i) of this section, provided all bait and 
hooks are removed from fishing rods and any haddock on board has been 
gutted and stored.
    (1) May through February. Each person on a private recreational 
fishing vessel, fishing from May 1 through February 28 (February 29 in 
leap years), may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec. 648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated Mesh 
Area specified in Sec. 648.80(a)(1), persons aboard private 
recreational fishing vessels may not fish for or possess any haddock 
from March 1 through April 14.
    (3) April 15 through April 30. Each person on a private recreational 
fishing vessel, fishing from April 15 through April 30, may possess no 
more than 15 haddock per day in, or harvested from, the EEZ when fishing 
in the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, in possession of haddock 
caught outside the GOM Regulated Mesh Area specified in Sec. 
648.80(a)(1) may transit this area with more than the GOM haddock 
possession limit specified at paragraph (c)(8)(ii) of this section up to 
the possession limit specified at paragraph (c)(8)(i) of this section, 
provided all

[[Page 828]]

bait and hooks are removed from fishing rods and any haddock on board 
has been gutted and stored.
    (1) May through February. Each person on a charter or party fishing 
boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from May 1 through 
February 28 (or 29 in leap years), may possess no more than 15 haddock 
per day in, or harvested from, the EEZ when fishing in the GOM Regulated 
Mesh Area specified in Sec. 648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated Mesh 
Area specified in Sec. 648.80(a)(1), persons aboard a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may not fish for or 
possess any haddock from March 1 through April 14.
    (3) April 15 through April 30. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from April 15 
through April 30, may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec. 648.80(a)(1).
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Haddock harvested in or from the EEZ by private recreational 
fishing boats or charter or party boats with more than one person aboard 
may be pooled in one or more containers. Compliance with the possession 
limit will be determined by dividing the number of fish on board by the 
number of persons on board. 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 or operator of the 
vessel.
    (v) Haddock must be stored so as to be readily available for 
inspection.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, NE 
multispecies caught in or landed from the EEZ by recreational, charter, 
or party vessels permitted under this part not fishing under a DAS, on a 
sector trip, or under a Handgear A permit, Handgear B permit, or Small 
Vessel Category C permit.
    (e) Charter/party vessel restrictions on fishing in GOM closed areas 
and the Nantucket Lightship Closed Area--(1) GOM Closed Areas. (i) A 
vessel fishing under charter/party regulations may not fish in the GOM 
closed areas specified in Sec. 648.81(d)(1), (e)(1), and (f)(4) during 
the time periods specified in those paragraphs, unless the vessel has on 
board a valid letter of authorization issued by the Regional 
Administrator pursuant to Sec. 648.81(f)(5)(v) and paragraph (e)(3) of 
this section. The conditions and restrictions of the letter of 
authorization must be complied with for a minimum of 3 months if the 
vessel fishes or intends to fish in the GOM cod protection closures; or 
for the rest of the fishing year, beginning with the start of the 
participation period of the letter of authorization, if the vessel 
fishes or intends to fish in the year-round GOM closure areas.
    (ii) A vessel fishing under charter/party regulations may not fish 
in the GOM Cod Spawning Protection Area specified at Sec. 648.81(n)(1) 
during the time period specified in that paragraph, unless the vessel 
complies with the requirements specified at Sec. 648.81(n)(2)(iii).
    (2) Nantucket Lightship Closed Area. A vessel fishing under charter/
party regulations may not fish in the Nantucket Lightship Closed Area 
specified in Sec. 648.81(c)(1) unless the vessel has on board a letter 
of authorization issued by the Regional Administrator pursuant to Sec. 
648.81(c)(2)(iii) and paragraph (e)(3) of this section.
    (3) Letters of authorization. To obtain either of the letters of 
authorization specified in paragraphs (e)(1) and (2) of this section, a 
vessel owner must request a letter from the Northeast Regional Office of 
NMFS, either in writing or by phone (see Table 1 to 50 CFR 600.502). As 
a condition of these letters

[[Page 829]]

of authorization, the vessel owner must agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) Fish species managed by the NEFMC or MAFMC that are harvested 
or possessed by the vessel, are not sold or intended for trade, barter 
or sale, regardless of where the fish are caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the GOM charter/party closed area exemption only, the 
vessel may not fish on a sector trip, under a NE multispecies DAS, or 
under the provisions of the NE multispecies Small Vessel Category or 
Handgear A or Handgear B permit categories, as specified at Sec. 
648.82, during the period of participation.
    (f) Recreational fishery AM--(1) Catch evaluation. As soon as 
recreational catch data are available for the entire previous fishing 
year, the Regional Administrator will evaluate whether recreational 
catches exceed any of the sub-ACLs specified for the recreational 
fishery pursuant to Sec. 648.90(a)(4). When evaluating recreational 
catch, the components of recreational catch that are used shall be the 
same as those used in the most recent assessment for that particular 
stock. To determine if any sub-ACL specified for the recreational 
fishery was exceeded, the Regional Administrator shall compare the 3-
year average of recreational catch to the 3-year average of the 
recreational sub-ACL for each stock.
    (2) Reactive AM adjustment. (i) If it is determined that any 
recreational sub-ACL was exceeded, as specified in paragraph (f)(1) of 
this section, the Regional Administrator, after consultation with the 
New England Fishery Management Council, shall develop measures necessary 
to prevent the recreational fishery from exceeding the appropriate sub-
ACL in future years. Appropriate AMs for the recreational fishery, 
including adjustments to fishing season, minimum fish size, or 
possession limits, may be implemented in a manner consistent with the 
Administrative Procedure Act, with final measures published in the 
Federal Register no later than January when possible. Separate AMs shall 
be developed for the private and charter/party components of the 
recreational fishery.
    (ii) The Regional Administrator shall not adjust the possession 
limit for GOM cod, under the reactive AM authority specified in 
paragraph (f)(2)(i) of this section, as long as possession of this stock 
is prohibited for the recreational fishery, as specified in paragraph 
(c) of this section.
    (3) Proactive AM adjustment. (i) When necessary, the Regional 
Administrator, after consultation with the New England Fishery 
Management Council, may adjust recreational measures to ensure the 
recreational fishery achieves, but does not exceed any recreational 
fishery sub-ACL in a future fishing year. Appropriate AMs for the 
recreational fishery, including adjustments to fishing season, minimum 
fish size, or possession limits, may be implemented in a manner 
consistent with the Administrative Procedure Act, with final measures 
published in the Federal Register prior to the start of the fishing year 
where possible. In specifying these AMs, the Regional Administrator 
shall take into account the non-binding prioritization of possible 
measures recommended by the Council: for cod, first increases to minimum 
fish sizes, then adjustments to seasons, followed by changes to bag 
limits; and for haddock, first increases to minimum size limits, then 
changes to bag limits, and then adjustments to seasons.
    (ii) [Reserved]

[69 FR 22984, Apr. 27, 2004, as amended at 71 FR 62196, Oct. 23, 2006; 
72 FR 73281, Dec. 27, 2007; 75 FR 18348, Apr. 9, 2010; 76 FR 23076, Apr. 
25, 2011; 76 FR 42587, July 19, 2011; 77 FR 25630, May 1, 2012; 77 FR 
26125, May 2, 2012; 78 FR 26164, 26208, May 3, 2013; 79 FR 52580, Sept. 
4, 2014; 79 FR 67375, Nov. 13, 2014; 80 FR 25141, 25164, May 1, 2015; 81 
FR 26452, 26458, May 2, 2016]



Sec. 648.90  NE multispecies assessment, framework procedures 
and specifications, and flexible area action system.

    For the NE multispecies framework specification process described in 
this section, the regulated species and ocean pout biennial review is 
considered a separate process from the small-mesh species annual review, 
as described in paragraphs (a)(2) and (b)(1),

[[Page 830]]

respectively, of this section. In addition, the process for specifying 
ABCs and associated ACLs for regulated species and ocean pout, as 
described in paragraph (a)(4) of this section, is considered a separate 
process from the small-mesh species ABC and ACL process described in 
paragraph (b)(2) of this section.
    (a) NE multispecies. For the purpose of this paragraph (a), the term 
``NE multispecies fishery'' is defined as common pool vessels, sector 
vessels, and private recreational and charter/party vessels, as defined 
in this part; the term ``NE multispecies commercial fishery'' is defined 
as vessels issued a limited access NE multispecies permit, or an open 
access NE multispecies Handgear B permit; and the term ``NE multispecies 
recreational fishery'' is defined as private recreational vessels and 
charter or party boats, as further defined in this part.
    (1) NE Multispecies annual SAFE Report. The NE Multispecies Plan 
Development Team (PDT) shall prepare an annual Stock Assessment and 
Fishery Evaluation (SAFE) Report for the NE multispecies fishery. The 
SAFE Report shall be the primary vehicle for the presentation of all 
updated biological and socio-economic information regarding the NE 
multispecies complex and its associated fisheries. The SAFE report shall 
provide source data for any adjustments to the management measures that 
may be needed to continue to meet the goals and objectives of the FMP.
    (2) Biennial review. (i) The NE multispecies PDT shall meet on or 
before September 30 every other year to perform a review of the fishery, 
using the most current scientific information available provided 
primarily from the NEFSC. Data provided by states, ASMFC, the USCG, and 
other sources may also be considered by the PDT. Based on this review, 
the PDT will develop ACLs for the upcoming fishing year(s) as described 
in paragraph (a)(4) of this section and develop options for 
consideration by the Council if necessary, on any changes, adjustments, 
or additions to DAS allocations, closed areas, or other measures 
necessary to rebuild overfished stocks and achieve the FMP goals and 
objectives, including changes to the SBRM.
    (ii) The PDT shall review available data pertaining to: Catch and 
landings, discards, DAS allocations, DAS use, sector operations, and 
other measures of fishing effort; survey results; stock status; current 
estimates of fishing mortality and overfishing levels; social and 
economic impacts; enforcement issues; and any other relevant 
information.
    (iii) Based on this review, the PDT shall recommend ACLs and develop 
options necessary to achieve the FMP goals and objectives, which may 
include a preferred option. The PDT must demonstrate through analyses 
and documentation that the options they develop are expected to meet the 
FMP goals and objectives. The PDT may review the performance of 
different user groups or fleet sectors in developing options. The range 
of options developed by the PDT may include any of the management 
measures in the FMP, including, but not limited to: ACLs, which must be 
based on the projected fishing mortality levels required to meet the 
goals and objectives outlined in the FMP for the 12 regulated species 
and ocean pout if able to be determined; identifying and distributing 
ACLs and other sub-components of the ACLs among various segments of the 
fishery; AMs; DAS changes; possession limits; gear restrictions; closed 
areas; permitting restrictions; minimum fish sizes; recreational fishing 
measures; describing and identifying EFH; fishing gear management 
measures to protect EFH; designating habitat areas of particular concern 
within EFH; and changes to the SBRM, including the CV-based performance 
standard, the means by which discard data are collected/obtained, 
fishery stratification, the process for prioritizing observer sea-day 
allocations, reports, and/or industry-funded observers or observer set 
aside programs. In addition, the following conditions and measures may 
be adjusted through future framework adjustments: Revisions to DAS 
measures, including DAS allocations (such as the distribution of DAS 
among the four

[[Page 831]]

categories of DAS), future uses for Category C DAS, and DAS baselines, 
adjustments for steaming time, etc.; modifications to capacity measures, 
such as changes to the DAS transfer or DAS leasing measures; calculation 
of area-specific ACLs, area management boundaries, and adoption of area-
specific management measures; sector allocation requirements and 
specifications, including the establishment of a new sector, the 
disapproval of an existing sector, the allowable percent of ACL 
available to a sector through a sector allocation, and the calculation 
of PSCs; sector administration provisions, including at-sea and dockside 
monitoring measures; sector reporting requirements; state-operated 
permit bank administrative provisions; measures to implement the U.S./
Canada Resource Sharing Understanding, including any specified TACs 
(hard or target); changes to administrative measures; additional uses 
for Regular B DAS; reporting requirements; the GOM Inshore Conservation 
and Management Stewardship Plan; adjustments to the Handgear A or B 
permits; gear requirements to improve selectivity, reduce bycatch, and/
or reduce impacts of the fishery on EFH; SAP modifications; revisions to 
the ABC control rule and status determination criteria, including, but 
not limited to, changes in the target fishing mortality rates, minimum 
biomass thresholds, numerical estimates of parameter values, and the use 
of a proxy for biomass may be made either through a biennial adjustment 
or framework adjustment; 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 measures currently included 
in the FMP.
    (iv) Rebuilding plan review for GOM cod and American plaice. Based 
on this review of the most current scientific information available, the 
PDT shall determine whether the following conditions are met for either 
stock: The total catch limit has not been exceeded during the rebuilding 
program; new scientific information indicates that the stock is below 
its rebuilding trajectory (i.e., rebuilding has not progressed as 
expected); and Frebuild becomes less than 75% 
FMSY. If all three of these criteria are met, the PDT, and/or 
SSC, shall undertake a rebuilding plan review to provide new catch 
advice that includes the following, in priority order: Review of the 
biomass reference points and calculation of Frebuild ACLs 
based on the review of the biomass reference points and the existing 
rebuilding plan.
    (v) The Council shall review the ACLs recommended by the PDT and all 
of the options developed by the PDT and other relevant information; 
consider public comment; and develop a recommendation to meet the FMP 
objectives pertaining to regulated species or ocean pout that is 
consistent with applicable law. If the Council does not submit a 
recommendation that meets the FMP objectives and is consistent with 
applicable law, the Regional Administrator may adopt any option 
developed by the PDT, unless rejected by the Council, as specified in 
paragraph (a)(2)(vii) of this section, provided the option meets the FMP 
objectives and is consistent with applicable law.
    (vi) Based on this review, the Council shall submit a recommendation 
to the Regional Administrator of any changes, adjustments or additions 
to DAS allocations, closed areas or other measures necessary to achieve 
the FMP's goals and objectives. The Council shall include in its 
recommendation supporting documents, as appropriate, concerning the 
environmental and economic impacts of the proposed action and the other 
options considered by the Council.
    (vii) If the Council submits, on or before December 1, a 
recommendation to the Regional Administrator after one Council meeting, 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in the 
Federal Register as a proposed rule with a 30-day public comment period. 
The Council may instead submit its recommendation on or before February 
1, if it chooses to follow the framework process outlined in paragraph 
(c) of this section, and requests that the Regional

[[Page 832]]

Administrator publish the recommendation as a final rule, in a manner 
consistent with the Administrative Procedure Act. If the Regional 
Administrator concurs that the Council's recommendation meets the FMP 
objectives and is consistent with other applicable law, and determines 
that the recommended management measures should be published as a final 
rule, the action will be published as a final rule in the Federal 
Register, in a manner consistent with the Administrative Procedure Act. 
If the Regional Administrator concurs that the recommendation meets the 
FMP objectives and is consistent with other applicable law and 
determines that a proposed rule is warranted, and, as a result, the 
effective date of a final rule falls after the start of the fishing year 
on May 1, fishing may continue. However, DAS used or regulated species 
or ocean pout landed by a vessel on or after May 1 will be counted 
against any DAS or sector ACE allocation the vessel or sector ultimately 
receives for that year, as appropriate.
    (viii) If the Regional Administrator concurs in the Council's 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(a)(2)(vii) of this section. If the Council fails to submit a 
recommendation to the Regional Administrator by February 1 that meets 
the FMP goals and objectives, the Regional Administrator may publish as 
a proposed rule one of the options reviewed and not rejected by the 
Council, provided that the option meets the FMP objectives and is 
consistent with other applicable law. If, after considering public 
comment, the Regional Administrator decides to approve the option 
published as a proposed rule, the action will be published as a final 
rule in the Federal Register.
    (3) Default OFLs, ABCs, and ACLs. (i) Unless otherwise specified in 
this paragraph (a)(3), if final specifications are not published in the 
Federal Register for the start of a fishing year, as outlined in 
paragraph (a)(4) of this section, specifications for that fishing year 
shall be set at 35 percent of the previous year's specifications for 
each NE multispecies stock, including the U.S./Canada shared resources, 
for the period of time beginning on May 1 and ending on July 31, unless 
superseded by the final rule implementing the current year's 
specifications.
    (ii) If the default specifications exceed the Council's 
recommendations for any stock for the current year, the specifications 
for that stock shall be reduced to the Council's recommendation through 
notice consistent with the Administrative Procedure Act.
    (iii) These specifications shall be subdivided among the various 
sub-components of the fishery consistent with the ABC/ACL distribution 
adopted for the previous year's specifications.
    (4) Process for setting ABCs and ACLs--(i) ABC/ACL recommendations. 
As described in this paragraph (a)(4), with the exception of stocks 
managed by the Understanding, the PDT shall develop recommendations for 
setting an ABC, ACL, and OFL for each NE multispecies stock for each of 
the next 3 years as part of the biennial review process specified in 
paragraph (a)(2) of this section. ACLs can also be specified based upon 
updated information in the annual SAFE report, as described in paragraph 
(a)(1) of this section, and other available information as part of a 
specification package, as described in paragraph (a)(6) of this section. 
For NE multispecies stocks or stock components managed under both the NE 
Multispecies FMP and the Understanding, the PDT shall develop 
recommendations for ABCs, ACLs, and OFLs for the pertinent stock or 
stock components annually, as described in this paragraph (a)(4) and 
Sec. 648.85(a)(2).
    (A) ABC recommendations. The PDT shall develop ABC recommendations 
based on the ABC control rule, the fishing mortality rate necessary to 
rebuild the stock, guidance from the SSC, and any other available 
information. The PDT recommendations shall be reviewed by the SSC. 
Guided by terms of reference developed by the Council, the SSC shall 
either concur with the ABC recommendations provided by the PDT, or 
provide alternative recommendations for each stock of regulated species 
or ocean pout and describe the elements of scientific uncertainty used 
to develop its recommendations. Should

[[Page 833]]

the SSC recommend an ABC that differs from that originally recommend by 
the PDT, the PDT shall revise its ACL recommendations if necessary to be 
consistent with the ABC recommendations made by the SSC. In addition to 
consideration of ABCs, the SSC may consider other related issues 
specified in the terms of reference developed by the Council, including, 
but not limited to, OFLs, ACLs, and management uncertainty.
    (B) ACL recommendations. The PDT shall develop ACL recommendations 
based upon ABCs recommended by the SSC and the pertinent recommendations 
of the Transboundary Management Guidance Committee (TMGC). The ACL 
recommendations of the PDT shall be specified based upon total catch for 
each stock (including both landings and discards), if that information 
is available. The PDT shall describe the steps involved with the 
calculation of the recommended ACLs and uncertainties and risks 
considered when developing these recommendations, including whether 
different levels of uncertainties were used for different sub-components 
of the fishery and whether ACLs have been exceeded in recent years. 
Based upon the ABC recommendations of the SSC and the ACL 
recommendations of the PDT, the Council shall adopt ACLs that are equal 
to or lower than the ABC recommended by the SSC to account for 
management uncertainty in the fishery.
    (ii) Timing. The PDT recommendations for setting ABCs and ACLs shall 
be provided to the SSC prior to the September Council meeting, to the 
extent possible. The Council shall consider the ABC recommendations of 
the SSC and the ACL recommendations of the PDT (and TMGC) and shall make 
a decision on those recommendations prior to December 1, to the extent 
possible. Once the Council has approved its recommended ACLs, they shall 
be submitted to NMFS prior to December 1, to the extent possible for 
approval and implementation. If the Council is submitting a management 
action as part of the biennial adjustment process, the ACLs can be 
included in that document along with any necessary analysis required by 
applicable law. After receipt of the Council recommendation for ACLs, 
either as part of a new management action or as part of a specification 
package, as described in paragraph (a)(5) of this section, NMFS shall 
review the Council's decision and, if consistent with applicable law, 
implement the ACL in a manner consistent with the Administrative 
Procedure Act.
    (iii) ABC/ACL distribution. The ABCs/ACLs adopted by the Council for 
each regulated species or ocean pout stock pursuant to this paragraph 
(a)(4) shall be subdivided among the various sub-components of the 
fishery, as specified in paragraphs (a)(4)(iii)(A) through (H) of this 
section. For transboundary stocks managed by the Understanding, pursuant 
to Sec. 648.85(a), the distribution of ABC/ACLs described in paragraphs 
(a)(4)(iii)(A) through (H) of this section shall be based upon the catch 
available to U.S. fishermen. The Council may revise its recommendations 
for the distribution of ABCs and ACLs among these and other sub-
components through the process to specify ABCs and ACLs, as described in 
this paragraph (a)(4).
    (A) Regulated species or ocean pout catch by vessels outside of the 
FMP. The catch of regulated species or ocean pout that is expected to be 
harvested by vessels operating in state waters that have not been issued 
a Federal NE multispecies permit and are not subject to the regulations 
specified in this part shall be deducted from the ABC/ACL of each 
regulated species or ocean pout stock pursuant to the process for 
specifying ABCs and ACLs, as described in this paragraph (a)(4).
    (B) Regulated species or ocean pout catch by exempted fisheries. 
Unless otherwise specified in paragraphs (a)(4)(iii)(F) or (G) of this 
section, regulated species or ocean pout catch by other, non-specified 
sub-components of the fishery, including, but not limited to, exempted 
fisheries that occur in Federal waters and fisheries harvesting exempted 
species specified in Sec. 648.80(b)(3) shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock, pursuant to the 
process to specify ABCs and ACLs described in this paragraph (a)(4). The 
catch of these non-specified sub-components of

[[Page 834]]

the ACL shall be monitored using data collected pursuant to this part. 
If catch from such fisheries exceeds the amount specified in this 
paragraph (a)(4)(iii)(B), AMs shall be developed to prevent the overall 
ACL for each stock from being exceeded, pursuant to the framework 
adjustment process specified in this section.
    (C) Yellowtail flounder catch by the Atlantic sea scallop fishery. 
Yellowtail flounder catch in the Atlantic sea scallop fishery, as 
defined in subpart D of this part, shall be deducted from the ABC/ACL 
for each yellowtail flounder stock pursuant to the restrictions 
specified in subpart D of this part and the process to specify ABCs and 
ACLs, as described in paragraph (a)(4) of this section. Unless otherwise 
specified in this paragraph (a)(4)(iii)(C), or subpart D of this part, 
the specific value of the sub-components of the ABC/ACL for each stock 
of yellowtail flounder distributed to the Atlantic sea scallop fishery 
shall be specified pursuant to the biennial adjustment process specified 
in paragraph (a)(2) of this section. The Atlantic sea scallop fishery 
shall be allocated 40 percent of the GB yellowtail flounder ABC (U.S. 
share only) in fishing year 2013, and 16 percent in fishing year 2014 
and each fishing year thereafter, pursuant to the process for specifying 
ABCs and ACLs described in this paragraph (a)(4). An ACL based on this 
ABC shall be determined using the process described in paragraph 
(a)(4)(i) of this section. Based on information available, NMFS shall 
project the expected scallop fishery catch of GB and SNE/MA yellowtail 
flounder for the current fishing year by January 15. If NMFS determines 
that the scallop fishery will catch less than 90 percent of its GB or 
SNE/MA yellowtail flounder sub-ACL, the Regional Administrator may 
reduce the pertinent scallop fishery sub-ACL to the amount projected to 
be caught, and increase the groundfish fishery sub-ACL by any amount up 
to the amount reduced from the scallop fishery sub-ACL. The revised GB 
or SNE/MA yellowtail flounder groundfish fishery sub-ACL shall be 
distributed to the common pool and sectors based on the process 
specified in paragraph (a)(4)(iii)(H)(1) of this section.
    (D) Haddock catch by the Atlantic herring fishery. One percent each 
of the GOM haddock and GB haddock ABC (U.S. share only) shall be 
allocated to the Atlantic herring fishery, pursuant to the restrictions 
in Sec. Sec. 648.85(d) and 648.86(a)(3), and pursuant to the process 
for specifying ABCs and ACLs described in paragraph (a)(4) of this 
section. An ACL based on this ABC shall be determined using the process 
described in paragraph (a)(4)(i) of this section.
    (E) SNE/MA windowpane flounder catch by the Atlantic sea scallop 
fishery. SNE/MA windowpane flounder catch in the Atlantic sea scallop 
fishery, as defined in subpart D of this part, shall be deducted from 
the ABC/ACL for SNE/MA windowpane flounder pursuant to the restrictions 
specified in subpart D of this part and the process to specify ABCs and 
ACLs, as described in paragraph (a)(4) of this section. The Atlantic sea 
scallop fishery shall be allocated 36 percent of the SNE/MA windowpane 
flounder ABC in fishing year 2013 and each fishing year after, pursuant 
to the process for specifying ABCs and ACLs described in this paragraph 
(a)(4). An ACL based on this ABC shall be determined using the process 
described in paragraph (a)(4)(i) of this section.
    (F) SNE/MA windowpane flounder catch by exempted fisheries. SNE/MA 
windowpane flounder catch by other, non-specified sub-components of the 
fishery, including, but not limited to, exempted fisheries that occur in 
Federal waters and fisheries harvesting exempted species specified in 
Sec. 648.80(b)(3), shall be deducted from the ABC/ACL for SNE/MA 
windowpane flounder pursuant to the process to specify ABCs and ACLs, as 
described in this paragraph (a)(4). The specific value of the sub-
components of the ABC/ACL for SNE/MA windowpane flounder distributed to 
these other fisheries shall be specified pursuant to the biennial 
adjustment process specified in paragraph (a)(2) of this section.
    (G) GB yellowtail flounder catch by small mesh fisheries--(1) For 
the purposes of this paragraph, the term ``small-mesh fisheries'' is 
defined as vessels fishing with bottom tending mobile gear with a codend 
mesh size of

[[Page 835]]

less than 5 in (12.7 cm) in other, non-specified sub-components of the 
fishery, including, but not limited to, exempted fisheries that occur in 
Federal waters and fisheries harvesting exempted species specified in 
Sec. 648.80(b)(3).
    (2) Small-mesh fisheries allocation. GB yellowtail flounder catch by 
the small-mesh fisheries, as defined in paragraph (a)(4)(iii)(G)(1) of 
this section, shall be deducted from the ABC/ACL for GB yellowtail 
flounder pursuant to the process to specify ABCs and ACLs, as described 
in this paragraph (a)(4). This small mesh fishery shall be allocated 2 
percent of the GB yellowtail flounder ABC (U.S. share only) in fishing 
year 2013 and each fishing year after, pursuant to the process for 
specifying ABCs and ACLs described in this paragraph (a)(4). An ACL 
based on this ABC shall be determined using the process described in 
paragraph (a)(4)(i) of this section.
    (H) Regulated species or ocean pout catch by the NE multispecies 
commercial and recreational fisheries. Unless otherwise specified in the 
ACL recommendations developed pursuant to paragraph (a)(4)(i) of this 
section, after all of the deductions and considerations specified in 
paragraphs (a)(4)(iii)(A) through (G) of this section, the remaining 
ABC/ACL for each regulated species or ocean pout stock shall be 
allocated to the NE multispecies commercial and recreational fisheries, 
pursuant to this paragraph (a)(4)(iii)(H).
    (1) Recreational allocation. Unless otherwise specified in paragraph 
(a)(5) of this section, recreational catches shall be compared to the 
ACLs allocated pursuant to this paragraph (a)(4)(iii)(H)(1) for the 
purposes of determining whether adjustments to recreational measures are 
necessary, pursuant to the recreational fishery AMs specified in Sec. 
648.89(f).
    (i) Stocks allocated. Unless otherwise specified in this paragraph 
(a)(4)(iii)(H)(1), the ABCs/ACLs for GOM cod and GOM haddock available 
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(H) of 
this section shall be divided between commercial and recreational 
components of the fishery, based upon the average proportional catch of 
each component for each stock during fishing years 2001 through 2006.
    (ii) Process for determining if a recreational allocation is 
necessary. A recreational allocation may not be made if it is determined 
that, based upon available information, the ACLs for these stocks are 
not being fully harvested by the NE multispecies fishery, or if the 
recreational harvest, after accounting for state waters catch pursuant 
to paragraph (a)(4)(iii)(A) of this section, is less than 5 percent of 
the overall catch for a particular stock of regulated species or ocean 
pout.
    (2) Commercial allocation. Unless otherwise specified in this 
paragraph (a)(4)(iii)(H)(2), the ABC/ACL for regulated species or ocean 
pout stocks available to the commercial NE multispecies fishery, after 
consideration of the recreational allocation pursuant to paragraph 
(a)(4)(iii)(H)(1) of this section, shall be divided between vessels 
operating under approved sector operations plans, as described at Sec. 
648.87(c), and vessels operating under the provisions of the common 
pool, as defined in this part, based upon the cumulative PSCs of vessels 
participating in sectors calculated pursuant to Sec. 
648.87(b)(1)(i)(E). For fishing years 2010 and 2011, the ABC/ACL of each 
regulated species or ocean pout stocks not allocated to sectors pursuant 
to Sec. 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, SNE/MA winter 
flounder, ocean pout, windowpane flounder, and Atlantic wolffish) that 
is available to the commercial NE multispecies fishery shall be 
allocated entirely to the common pool. Unless otherwise specified in 
paragraph (a)(5) of this section, regulated species or ocean pout catch 
by common pool and sector vessels shall be deducted from the sub-ACL/ACE 
allocated pursuant to this paragraph (a)(4)(iii)(H)(2) for the purposes 
of determining whether adjustments to common pool measures are 
necessary, pursuant to the common pool AMs specified in Sec. 648.82(n), 
or whether sector ACE overages must be deducted, pursuant to Sec. 
648.87(b)(1)(iii).
    (3) Revisions to commercial and recreational allocations. 
Distribution of the ACL for each stock available to the NE multispecies 
fishery between and among commercial and recreational

[[Page 836]]

components of the fishery may be implemented through a framework 
adjustment pursuant to this section. Any changes to the distribution of 
ACLs to the NE multispecies fishery shall not affect the implementation 
of AMs based upon the distribution in effect at the time of the overage 
that triggered the AM.
    (iv) ACL monitoring--(A) Landings. For the purposes of monitoring 
the catch of regulated species or ocean pout towards the harvest of ACLs 
and other, non-specified sub-components of the ACLs specified in 
paragraph (a)(4) of this section, the reporting requirements specified 
in this part, including dealer reports, VTRs, VMS catch reports, sector 
catch reports, and other available information shall be used to identify 
and apportion regulated species or ocean pout landings by stock area.
    (B) Discards. Unless otherwise specified in this paragraph 
(a)(4)(iv)(B), regulated species or ocean pout discards shall be 
monitored through the use of VTRs, observer data, VMS catch reports, and 
other available information, as specified in this part. Regulated 
species or ocean pout discards by vessels on a sector trip shall be 
monitored pursuant to Sec. 648.87(b)(1)(v)(A).
    (v) Adjustments to ACLs. The Council may elect to revise the ACL for 
any regulated species or ocean pout stock in the second fishing year 
following a biennial review to account for any overages of an ACL in 
year one that may result in overfishing for a particular stock. Any 
adjustments to the ACLs in year two will be implemented pursuant to the 
process to specify ABCs and ACLs, as described in paragraph (a)(4) of 
this section.
    (5) AMs. Except as specified in paragraphs (a)(4)(iii)(A) through 
(G) of this section, if any of the ACLs specified in paragraph (a)(4) of 
this section are exceeded based upon available catch information, the 
AMs specified in paragraphs (a)(5)(i) and (ii) of this section shall 
take effect in the following fishing year, or as soon as practicable, 
thereafter, once catch data for all affected fisheries are available, as 
applicable.
    (i) AMs for the NE multispecies commercial and recreational 
fisheries. If the catch of regulated species or ocean pout by a sub-
component of the NE multispecies fishery (i.e., common pool vessels, 
sector vessels, or private recreational and charter/party vessels) 
exceeds the amount allocated to each sub-component, as specified in 
paragraph (a)(4)(iii)(H) of this section, then the applicable AM for 
that sub-component of the fishery shall take effect, pursuant to 
paragraphs (a)(5)(i)(A) through (C) of this section. In determining the 
applicability of AMs specified for a sub-component of the NE 
multispecies fishery in paragraphs (a)(5)(i)(A) through (C) of this 
section, the Regional Administrator shall consider available information 
regarding the catch of regulated species and ocean pout by each sub-
component of the NE multispecies fishery, plus each sub-component's 
share of any overage of the overall ACL for a particular stock caused by 
excessive catch by vessels outside of the FMP, exempted fisheries, or 
the Atlantic sea scallop fishery, as specified in this paragraph (a)(5), 
as appropriate.
    (A) Excessive catch by common pool vessels. If the catch of 
regulated species and ocean pout by common pool vessels exceeds the 
amount of the ACL specified for common pool vessels pursuant to 
paragraph (a)(4)(iii)(H)(2) of this section, then the AMs described in 
Sec. 648.82(n) shall take effect. Pursuant to the distribution of ABCs/
ACLs specified in paragraph (a)(4)(iii)(H)(2) of this section, for the 
purposes of this paragraph (a)(5)(i)(A), the catch of each regulated 
species or ocean pout stock not allocated to sectors pursuant to Sec. 
648.87(b)(1)(i)(E) (i.e., Atlantic halibut, ocean pout, windowpane 
flounder, and Atlantic wolffish) during fishing years 2010 and 2011 
shall be added to the catch of such stocks by common pool vessels to 
determine whether the differential DAS counting AM described in Sec. 
648.82(n)(1) shall take effect. If such catch does not exceed the 
portion of the ACL specified for common pool vessels pursuant to 
paragraph (a)(4)(iii)(H)(2) of this section, then no AMs shall take 
effect for common pool vessels.
    (B) Excessive catch by sector vessels. If the catch of regulated 
species and ocean pout by sector vessels exceeds

[[Page 837]]

the amount of the ACL specified for sector vessels pursuant to paragraph 
(a)(4)(iii)(H)(2) of this section, then the AMs described in Sec. 
648.87(b)(1)(iii) shall take effect. For the purposes of this paragraph 
(a)(5)(i)(B), the catch of regulated species and ocean pout for each 
sector approved pursuant to Sec. 648.87 shall be based upon the catch 
of vessels participating in each approved sector. If such catch does not 
exceed the portion of the ACL specified for an individual sector 
pursuant to paragraph (a)(4)(iii)(H)(2) of this section, then no AMs 
shall take effect for that sector.
    (C) Excessive catch by the NE multispecies recreational fishery. If 
the catch of regulated species and ocean pout by private recreational 
and charter/party vessels exceeds the amount of the ACL specified for 
the recreational fishery pursuant to paragraph (a)(4)(iii)(H)(1) of this 
section, then the AMs described in Sec. 648.89(f) shall take effect. If 
such catch does not exceed the portion of the ACL specified for the 
recreational fishery pursuant to paragraph (a)(4)(iii)(H)(1) of this 
section, then no AMs shall take effect for the recreational fishery.
    (D) AMs for both stocks of windowpane flounder, ocean pout, Atlantic 
halibut, and Atlantic wolffish. At the end of each fishing year, NMFS 
shall determine if the overall ACL for northern windowpane flounder, 
southern windowpane flounder, ocean pout, Atlantic halibut, or Atlantic 
wolffish was exceeded. If the overall ACL for any of these stocks is 
exceeded, NMFS shall implement the appropriate AM, as specified in this 
paragraph (a)(5)(i)(D), in a subsequent fishing year, consistent with 
the APA. If reliable information is available, the AM shall be 
implemented in the fishing year immediately following the fishing year 
in which the overage occurred. Otherwise, the AM shall be implemented in 
the second fishing year after the fishing year in which the overage 
occurred. For example, if NMFS determined before the start of fishing 
year 2013 that the overall ACL for northern windowpane flounder was 
exceeded by the groundfish fishery in fishing year 2012, the applicable 
AM would be implemented for fishing year 2013. If NMFS determined after 
the start of fishing year 2013 that the overall ACL for northern 
windowpane flounder was exceeded in fishing year 2012, the applicable AM 
would be implemented for fishing year 2014. If updated catch information 
becomes available subsequent to the implementation of an AM that 
indicates that an ACL was not exceeded, the AM will be rescinded, 
consistent with the Administrative Procedure Act.
    (1) Windowpane flounder and ocean pout. Unless otherwise specified 
in paragraphs (a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS 
determines the total catch exceeds the overall ACL for either stock of 
windowpane flounder or ocean pout, as described in this paragraph 
(a)(5)(i)(D)(1), by any amount greater than the management uncertainty 
buffer up to 20 percent greater than the overall ACL, the applicable 
small AM area for the stock shall be implemented, as specified in 
paragraph (a)(5)(i)(D) of this section, consistent with the 
Administrative Procedure Act. If the overall ACL is exceeded by more 
than 20 percent, the applicable large AM area(s) for the stock shall be 
implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
consistent with the Administrative Procedure Act. The AM areas defined 
below are bounded by the following coordinates, connected in the order 
listed by rhumb lines, unless otherwise noted. Vessels fishing with 
trawl gear in these areas may only use a haddock separator trawl, as 
specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in 
Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in 
Sec. 648.84(e); or any other gear approved consistent with the process 
defined in Sec. 648.85(b)(6). If an overage of the overall ACL for 
southern windowpane flounder is as a result of an overage of the sub-ACL 
allocated to exempted fisheries pursuant to paragraph (a)(4)(iii)(F) of 
this section, the applicable AM area(s) shall be in effect for any trawl 
vessel fishing with a codend mesh size of greater than or equal to 5 
inches (12.7 cm) in other, non-specified sub-components of the fishery, 
including, but not limited to, exempted fisheries that occur in Federal 
waters and fisheries harvesting exempted species specified in Sec. 
648.80(b)(3). If an overage

[[Page 838]]

of the overall ACL for southern windowpane flounder is as a result of an 
overage of the sub-ACL allocated to the groundfish fishery pursuant to 
paragraph (a)(4)(iii)(H)(2) of this section, the applicable AM area(s) 
shall be in effect for any limited access NE multispecies permitted 
vessel fishing on a NE multispecies DAS or sector trip. If an overage of 
the overall ACL for southern windowpane flounder is as a result of 
overages of both the groundfish fishery and exempted fishery sub-ACLs, 
the applicable AM area(s) shall be in effect for both the groundfish 
fishery and exempted fisheries. If a sub-ACL for either stock of 
windowpane flounder or ocean pout is allocated to another fishery, 
consistent with the process specified at Sec. 648.90(a)(4), and there 
are AMs for that fishery, the groundfish fishery AM shall only be 
implemented if the sub-ACL allocated to the groundfish fishery is 
exceeded (i.e., the sector and common pool catch for a particular stock, 
including the common pool's share of any overage of the overall ACL 
caused by excessive catch by other sub-components of the fishery 
pursuant to Sec. 648.90(a)(5) exceeds the common pool sub-ACL) and the 
overall ACL is also exceeded.

        Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
        Point                N. Latitude              W. Longitude
------------------------------------------------------------------------
1...................  41 deg.10'..............  67 deg.40'
2...................  41 deg.10'..............  67 deg.20'
3...................  41 deg.00'..............  67 deg.20'
4...................  41 deg.00'..............  67 deg.00'
5...................  40 deg.50'..............  67 deg.00'
6...................  40 deg.50'..............  67 deg.40'
1...................  41 deg.10'..............  67 deg.40'
------------------------------------------------------------------------


        Northern Windowpane Flounder and Ocean Pout Large AM Area
------------------------------------------------------------------------
        Point                N. Latitude              W. Longitude
------------------------------------------------------------------------
1...................  42 deg.10'..............  67 deg.40'
2...................  42 deg.10'..............  67 deg.20'
3...................  41 deg.00'..............  67 deg.20'
4...................  41 deg.00'..............  67 deg.00'
5...................  40 deg.50'..............  67 deg.00'
6...................  40 deg.50'..............  67 deg.40'
1...................  42 deg.10'..............  67 deg.40'
------------------------------------------------------------------------


        Southern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
        Point                N. Latitude              W. Longitude
------------------------------------------------------------------------
1...................  41 deg.10'..............  71 deg.30'
2...................  41 deg.10'..............  71 deg.20'
3...................  40 deg.50'..............  71 deg.20'
4...................  40 deg.50'..............  71 deg.30'
1...................  41 deg.10'..............  71 deg.30'
------------------------------------------------------------------------


       Southern Windowpane Flounder and Ocean Pout Small AM Area 1
------------------------------------------------------------------------
        Point                N. Latitude              W. Longitude
------------------------------------------------------------------------
1...................  41 deg.10'..............  71 deg.50'
2...................  41 deg.10'..............  71 deg.10'
3...................  41 deg.00'..............  71 deg.10'
4...................  41 deg.00'..............  71 deg.20'
5...................  40 deg.50'..............  71 deg.20'
6...................  40 deg.50'..............  71 deg.50'
1...................  41 deg.10'..............  71 deg.50'
------------------------------------------------------------------------


       Southern Windowpane Flounder and Ocean Pout Large AM Area 2
------------------------------------------------------------------------
        Point                N. Latitude              W. Longitude
------------------------------------------------------------------------
1...................  (\1\)...................  73 deg.30'
2...................  40 deg.30'..............  73 deg.30'
3...................  40 deg.30'..............  73 deg.50'
4...................  40 deg.20'..............  73 deg.50'
5...................  40 deg.20'..............  (\2\)
6...................  (\3\)...................  73 deg.58.5'
7...................  (\4\)...................  73 deg.58.5'
8...................  40 deg.32.6' \5\........  73 deg.56.4' \5\
1...................  (\1\)...................  73 deg.30'
------------------------------------------------------------------------
\1\ The southernmost coastline of Long Island, NY, at 73 deg.30' W.
  longitude.
\2\ The easternmost coastline of NJ at 40 deg.20' N. latitude, then
  northward along the NJ coastline to Point 6.
\3\ The northernmost coastline of NJ at 73 deg.58.5' W. longitude.
\4\ The southernmost coastline of Long Island, NY, at 73 deg.58.5' W.
  longitude.
\5\ The approximate location of the southwest corner of the Rockaway
  Peninsula, Queens, NY, then eastward along the southernmost coastline
  of Long Island, NY (excluding South Oyster Bay), back to Point 1.

    (i) Reducing the size of an AM. If the overall northern or southern 
windowpane flounder ACL is exceeded by more than 20 percent and NMFS 
determines that: The stock is rebuilt, and the biomass criterion, as 
defined by the Council, is greater than the most recent fishing year's 
catch, then only the respective small AM may be implemented as described 
in paragraph (a)(5)(i)(D)(1) of this section, consistent with the 
Administrative Procedure Act.
    (ii) Reducing the duration of an AM. If the northern or southern 
windowpane flounder AM is implemented in the third fishing year 
following the year of an overage, as described in paragraph (a)(5)(i)(D) 
of this section, and NMFS

[[Page 839]]

subsequently determines that the applicable windowpane flounder ACL was 
not exceeded by any amount the year immediately after which the overage 
occurred (i.e., the second year), on or after September 1 the AM can be 
removed once year-end data are complete. This reduced duration does not 
apply if NMFS determines during year 3 that a year 3 overage of the 
applicable windowpane flounder ACL has occurred.
    (2) Atlantic halibut. If NMFS determines the overall ACL for 
Atlantic halibut is exceeded, as described in this paragraph 
(a)(5)(i)(D)(2), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented and any vessel 
issued a NE multispecies permit or a limited access monkfish permit and 
fishing under the monkfish Category C or D permit provisions, may not 
fish for, possess, or land Atlantic halibut for the fishing year in 
which the AM is implemented, as specified in paragraph (a)(5)(i)(D) of 
this section. If the overall ACL is exceeded by more than 20 percent, 
the applicable AM area(s) for the stock shall be implemented, as 
specified in paragraph (a)(5)(i)(D) of this section, and the Council 
shall revisit the AM in a future action. The AM areas defined below are 
bounded by the following coordinates, connected in the order listed by 
rhumb lines, unless otherwise noted. Any vessel issued a limited access 
NE multispecies permit and fishing with trawl gear in the Atlantic 
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as 
specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in 
Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in 
Sec. 648.84(e); or any other gear approved consistent with the process 
defined in Sec. 648.85(b)(6). When in effect, a limited access NE 
multispecies permitted vessel with gillnet or longline gear may not fish 
or be in the Atlantic Halibut Fixed Gear AM Areas, unless transiting 
with its gear stowed and not available for immediate use as defined in 
Sec. 648.2, or such gear was approved consistent with the process 
defined in Sec. 648.85(b)(6). If a sub-ACL for Atlantic halibut is 
allocated to another fishery, consistent with the process specified at 
Sec. 648.90(a)(4), and there are AMs for that fishery, the groundfish 
fishery AM shall only be implemented if the sub-ACL allocated to the 
groundfish fishery is exceeded (i.e., the sector and common pool catch 
for a particular stock, including the common pool's share of any overage 
of the overall ACL caused by excessive catch by other sub-components of 
the fishery pursuant to Sec. 648.90(a)(5), exceeds the common pool sub-
ACL) and the overall ACL is also exceeded.

                   Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42 deg.00'      69 deg.20'
2.......................................      42 deg.00'      68 deg.20'
3.......................................      41 deg.30'      68 deg.20'
4.......................................      41 deg.30'      69 deg.20'
------------------------------------------------------------------------


                  Atlantic Halibut Fixed Gear AM Area 1
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42 deg.30'      70 deg.20'
2.......................................      42 deg.30'      70 deg.15'
3.......................................      42 deg.20'      70 deg.15'
4.......................................      42 deg.20'      70 deg.20'
------------------------------------------------------------------------


                  Atlantic Halibut Fixed Gear AM Area 2
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      43 deg.10'      69 deg.40'
2.......................................      43 deg.10'      69 deg.30'
3.......................................      43 deg.00'      69 deg.30'
4.......................................      43 deg.00'      69 deg.40'
------------------------------------------------------------------------

    (3) Atlantic wolffish. If NMFS determines the overall ACL for 
Atlantic wolffish is exceeded, as described in this paragraph 
(a)(5)(i)(D)(3), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented, as specified in 
paragraph (a)(5)(i)(D) of this section. If the overall ACL is exceeded 
by more than 20 percent, the applicable AM area(s) for the stock shall 
be implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
and the Council shall revisit the AM in a future action. The AM areas 
defined below are bounded by the following coordinates, connected in the 
order listed by rhumb lines, unless otherwise noted. Any vessel issued a 
limited access NE multispecies permit and fishing with trawl

[[Page 840]]

gear in the Atlantic Wolffish Trawl Gear AM Area may only use a haddock 
separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle 
trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator 
trawl, as specified in Sec. 648.84(e); or any other gear approved 
consistent with the process defined in Sec. 648.85(b)(6). When in 
effect, a limited access NE multispecies permitted vessel with gillnet 
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear 
AM Areas, unless transiting with its gear stowed and not available for 
immediate use as defined in Sec. 648.2, or such gear was approved 
consistent with the process defined in Sec. 648.85(b)(6). If a sub-ACL 
for Atlantic wolffish is allocated to another fishery, consistent with 
the process specified at Sec. 648.90(a)(4), and AMs are developed for 
that fishery, the groundfish fishery AM shall only be implemented if the 
sub-ACL allocated to the groundfish fishery is exceeded (i.e., the 
sector and common pool catch for a particular stock, including the 
common pool's share of any overage of the overall ACL caused by 
excessive catch by other sub-components of the fishery pursuant to Sec. 
648.90(a)(5), exceeds the common pool sub-ACL) and the overall ACL is 
also exceeded.

                  Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42 deg.30'      70 deg.30'
2.......................................      42 deg.30'      70 deg.15'
3.......................................      42 deg.15'      70 deg.15'
4.......................................      42 deg.15'      70 deg.10'
5.......................................      42 deg.10'      70 deg.10'
6.......................................      42 deg.10'      70 deg.20'
7.......................................      42 deg.20'      70 deg.20'
8.......................................      42 deg.20'      70 deg.30'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      41 deg.40'      69 deg.40'
2.......................................      41 deg.40'      69 deg.30'
3.......................................      41 deg.30'      69 deg.30'
4.......................................      41 deg.30'      69 deg.40'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42 deg.30'      70 deg.20'
2.......................................      42 deg.30'      70 deg.15'
3.......................................      42 deg.20'      70 deg.15'
4.......................................      42 deg.20'      70 deg.20'
------------------------------------------------------------------------

    (4) [Reserved]
    (E) [Reserved]
    (ii) AMs if the overall ACL for a regulated species or ocean pout 
stock is exceeded. If the catch of any stock of regulated species or 
ocean pout by vessels fishing outside of the NE multispecies fishery; 
vessels fishing in state waters outside of the FMP; or vessels fishing 
in exempted fisheries, as defined in this part, exceeds the sub-
component of the ACL for that stock specified for such fisheries 
pursuant to paragraphs (a)(4)(iii)(A) through (G) of this section, and 
the overall ACL for that stock is exceeded, then the amount of the 
overage of the overall ACL for that stock due to catch from vessels 
fishing outside of the NE multispecies fishery shall be distributed 
among components of the NE multispecies fishery based upon each 
component's share of that stock's ACL available to the NE multispecies 
fishery pursuant to paragraph (a)(4)(iii)(H) of this section. Each 
component's share of the ACL overage for a particular stock would be 
then added to the catch of that stock by each component of the NE 
multispecies fishery to determine if the resulting sum of catch of that 
stock for each component of the fishery exceeds that individual 
component's share of that stock's ACL available to the NE multispecies 
fishery. If the total catch of that stock by any component of the NE 
multispecies fishery exceeds the amount of the ACL specified for that 
component of the NE multispecies fishery pursuant to paragraph 
(a)(4)(iii)(H) of this section, then the AMs specified in paragraphs 
(a)(5)(i)(A) through (C) of this section shall take effect, as 
applicable. If the catch of any stock of regulated species or ocean pout 
by vessels outside of the FMP exceeds the sub-component of the ACL for 
that stock specified pursuant to paragraphs (a)(4)(iii)(A) through (C) 
of this section, but the overall ACL for that stock is not exceeded, 
even after consideration of the catch of that stock by other sub-
components of the fishery, then the AMs specified in this paragraph 
(a)(5)(ii) shall not take effect.
    (iii) AMs if the incidental catch cap for the Atlantic herring 
fishery is exceeded. At the end of the NE multispecies fishing year, 
NMFS shall evaluate Atlantic

[[Page 841]]

herring fishery catch using VTR, VMS, IVR, observer data, and any other 
available information to determine whether a haddock incidental catch 
cap has been exceeded based upon the cumulative catch of vessels issued 
an Atlantic herring permit and fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3. If the catch of haddock by all 
vessels issued an Atlantic herring permit and fishing with midwater 
trawl gear in Management Areas 1A, 1B, and/or 3, exceeds the amount of 
the incidental catch cap specified in Sec. 648.85(d) of this section, 
then the appropriate incidental catch cap shall be reduced by the 
overage on a pound-for-pound basis during the following fishing year. 
Any overage reductions shall be announced by the Regional Administrator 
in the Federal Register, accordance with the Administrative Procedure 
Act, prior to the start of the next NE multispecies fishing year after 
which the overage occurred, if possible, or as soon as possible 
thereafter if the overage is not determined until after the end of the 
NE multispecies fishing year in which the overage occurred.
    (iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is 
exceeded. At the end of the scallop fishing year, NMFS shall evaluate 
Atlantic sea scallop fishery catch to determine whether a scallop 
fishery sub-ACL has been exceeded. On January 15, or when information is 
available to make an accurate projection, NMFS will also determine 
whether the overall ACL for each stock allocated to the scallop fishery 
has been exceeded. When evaluating whether the overall ACL has been 
exceeded, NMFS will add the maximum carryover available to sectors, as 
specified at Sec. 648.87(b)(1)(i)(C), to the estimate of total catch 
for the pertinent stock. If catch by scallop vessels exceeds the 
pertinent sub-ACL specified in paragraph (a)(4)(iii)(C) of this section 
by 50 percent or more, or if scallop catch exceeds the scallop fishery 
sub-ACL and the overall ACL for that stock is also exceeded, then the 
applicable scallop fishery AM shall take effect, as specified in Sec. 
648.64 of the Atlantic sea scallop regulations.
    (v) AM if the small-mesh fisheries GB yellowtail flounder sub-ACL is 
exceeded. If NMFS determines that the sub-ACL of GB yellowtail flounder 
allocated to the small-mesh fisheries, pursuant to paragraph 
(a)(4)(iii)(G) of this section, is exceeded, NMFS shall implement the AM 
specified in this paragraph consistent with the Administrative 
Procedures Act. The AM requires that small-mesh fisheries vessels, as 
defined in paragraph (a)(4)(iii)(G)(1) of this section, use one of the 
following approved selective trawl gear in the GB yellowtail flounder 
stock area, as defined at Sec. 648.85(b)(6)(v)(H): A haddock separator 
trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as 
specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as 
specified in Sec. 648.84(e); or any other gear approved consistent with 
the process defined in Sec. 648.85(b)(6). If reliable information is 
available, the AM shall be implemented in the fishing year immediately 
following the year in which the overage occurred only if there is 
sufficient time to do so in a manner consistent with the Administrative 
Procedures Act. Otherwise, the AM shall be implemented in the second 
fishing year after the fishing year in which the overage occurred. For 
example, if NMFS determined after the start of Year 2 that the small-
mesh fisheries sub-ACL for GB yellowtail flounder was exceeded in Year 
1, the applicable AM would be implemented at the start of Year 3. If 
updated catch information becomes available subsequent to the 
implementation of an AM that indicates that an overage of the small-mesh 
fisheries sub-ACL did not occur, NMFS shall rescind the AM, consistent 
with the Administrative Procedure Act.
    (6) Specifications process--(i) PDT recommendations. Unless 
otherwise developed pursuant to the biennial review process specified in 
paragraph (a)(2) of this section, the PDT shall develop recommendations 
for setting ACLs for each regulated species or ocean pout, including 
ACLs for stocks managed by the Understanding; revising rebuilding 
programs and associated management measures; or modifying AMs for 
consideration by the Council's Groundfish Oversight Committee based upon 
the SAFE report prepared pursuant to paragraph (a)(1) of this section. 
If the

[[Page 842]]

Council determines, based on information provided by the PDT or other 
stock-related information, that the ACLs should be adjusted between 
biennial reviews, it can do so through the same process outlined in this 
section during the interim year.
    (ii) Guidelines. As the basis for its recommendations under 
paragraph (a)(5)(i) of this section, the PDT shall review available data 
pertaining to: Commercial and recreational catch data; current estimates 
of fishing mortality; discards; stock status; recent estimates of 
recruitment; virtual population analysis results and other estimates of 
stock size; sea sampling and trawl survey data or, if sea sampling data 
are unavailable, length frequency information from trawl surveys; impact 
of other fisheries on herring mortality; and any other relevant 
information.
    (iii) Groundfish Oversight Committee recommendations. Based on the 
PDT's recommendations and any public comment received, the Groundfish 
Oversight Committee shall recommend to the Council appropriate 
specifications a period of at least 1 year. The Council shall review 
these recommendations and, after considering public comment, shall 
recommend appropriate specifications to NMFS. NMFS shall review the 
recommendations and publish proposed specifications in a manner 
consistent with the Administrative Procedure Act. If the proposed 
specifications differ from those recommended by the Council, the reasons 
for any differences shall be clearly stated.
    (iv) Analysis. Any specifications package developed pursuant to this 
paragraph (a)(5) shall be supported by the appropriate NEPA analysis, 
which shall be made available for public comment.
    (b) Small-mesh multispecies--(1) Three-year specifications process, 
annual review, and specifications package. The Council shall specify on 
at least a 3-year basis the OFL, ABC, ACLs, and TALs for each small-mesh 
multispecies stock in accordance with the following process.
    (i) At least every 3 years, based on the annual review, described 
below in paragraph (b)(3) of this section, and/or the specifications 
package, described in paragraph (b)(4) of this section, recommendations 
for ABC from the SSC, and any other relevant information, the Whiting 
PDT shall recommend to the Whiting Oversight Committee and Council 
specifications including the OFL, ABC, ACL, and TAL for each small-mesh 
multispecies stock for a period of at least 3 years. The Whiting PDT and 
the Council shall follow the process in paragraph (b)(2) of this section 
for setting these specifications.
    (ii) The Whiting PDT, after reviewing the available information on 
the status of the stock and the fishery, may recommend to the Council 
any measures necessary to assure that the specifications will not be 
exceeded; changes to the SBRM, including the CV-based performance 
standard, the means by which discard data are collected/obtained, 
fishery stratification, the process for prioritizing observer sea-day 
allocations, reports, and/or industry-funded observers or observer set 
aside programs; as well as changes to the appropriate specifications.
    (iii) Taking into account the annual review and/or specifications 
package described in paragraphs (b)(2) and (b)(4), respectively, of this 
section, the advice of the SSC, and any other relevant information, the 
Whiting PDT may also recommend to the Whiting Oversight Committee and 
Council changes to stock status determination criteria and associated 
thresholds based on the best scientific information available, including 
information from peer-reviewed stock assessments of small-mesh 
multispecies. These adjustments may be included in the Council's 
specifications for the small-mesh multispecies fishery.
    (iv) Council recommendation. (A) The Council shall review the 
recommendations of the Whiting PDT, Whiting Oversight 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.

[[Page 843]]

    (B) The Council's recommendation must include supporting 
documentation, as appropriate, concerning the environmental, economic, 
and social impacts of the recommendations. The Regional Administrator 
will consider the recommendations and publish a rule in the Federal 
Register proposing specifications and associated measures, consistent 
with the Administrative Procedure Act.
    (C) 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.
    (D) If the final specifications are not published in the Federal 
Register for the start of the fishing year, the previous year's 
specifications will remain in effect until superseded by the final rule 
implementing the current year's specifications, to ensure that there is 
no lapse in regulations while new specifications are completed.
    (2) Process for specifying ABCs, ACLs, and TALs. The Whiting PDT 
shall calculate the OFL and ABC values for each small-mesh multispecies 
stock based on the control rules established in the FMP. These 
calculations shall be reviewed by the SSC, guided by terms of reference 
developed by the Council. The ACLs and TALs shall be calculated based on 
the SSC's approved ABCs, as specified in paragraphs (a)(2)(i)(A) through 
(C), and (a)(2)(ii)(A) through (C) of this section.
    (i) Red hake--(A) ABCs. The Council's SSC will recommend an ABC to 
the Council for both the northern and southern stocks of red hake. The 
red hake ABCs are reduced from the OFLs based on an adjustment for 
scientific uncertainty as specified in the FMP; the ABCs must be less 
than or equal to the OFL.
    (B) ACLs. The red hake ACLs are equal to 95 percent of the 
corresponding ABCs.
    (C) TALs. (1) The red hake TALs are equal to the northern red hake 
and southern red hake ACLs minus a discard estimate based on the most 
recent 3 years of data and then reduced by 3 percent to account for 
silver hake and offshore hake landings that occur in state waters.
    (2) If more than two-thirds of the southern red hake TAL is 
harvested in a single year, the Regional Administrator shall consult 
with the Council and will consider implementing quarterly TALs in the 
following fishing year, as proscribed in the FMP and in a manner 
consistent with the requirements of the Administrative Procedure Act.
    (ii) Silver and Offshore Hake--(A) ABCs. The Council's SSC will 
recommend an ABC to the Council for both the northern and southern 
stocks of silver hake. The ABC for the southern stock of silver hake 
will be increased by 4 percent to account for catch of offshore hake. 
The combined silver hake and offshore hake ABC in the southern area will 
be the southern whiting ABC. The silver hake and whiting ABCs are 
reduced from the OFLs based on an adjustment for scientific uncertainty 
as specified in the FMP; the ABCs must be less than or equal to the 
OFLs.
    (B) ACLs. The northern silver hake and southern whiting ACLs are 
equal to 95 percent of the ABCs.
    (C) TALs. (1) The northern silver hake and southern whiting TALs are 
equal to the northern silver hake and southern whiting ACLs minus a 
discard estimate based on the most recent 3 years of data and then 
reduced by 3 percent to account for silver hake and offshore hake 
landings that occur in state waters.
    (2) If more than two-thirds of the southern whiting TAL is harvested 
in a single year, the Regional Administrator shall consult with the 
Council and will consider implementing quarterly TALs in the following 
fishing year, as proscribed in the FMP and in a manner consistent with 
the requirements of the Administrative Procedure Act.
    (3) Annual Review. (i) Using a report provided by NMFS that includes 
trends in the fishery, changes in stock biomass, and total catch data, 
the Whiting PDT shall meet at least once annually to review the status 
of the stock

[[Page 844]]

and the fishery and the adequacy of the 3-year specifications. Based on 
such review, the PDT shall provide a report to the Council on any 
changes or new information about the small-mesh multispecies stocks and/
or fishery, and it shall recommend whether the specifications for the 
upcoming year(s), established pursuant to paragraph (b)(1) of this 
section, need to be modified. At a minimum, this review should include a 
review of at least the following data, if available: Commercial catch 
data; discards; stock status (exploitation rate and survey biomass); sea 
sampling, port sampling, and survey data or, if sea sampling data are 
unavailable, length frequency information from port sampling and/or 
surveys; impact of other fisheries on the mortality of small-mesh 
multispecies; and any other relevant information.
    (ii) If new and/or additional information becomes available, the 
Whiting PDT shall consider it during this annual review. Based on this 
review, the Whiting PDT shall provide guidance to the Whiting Oversight 
Committee and the Council regarding the need to adjust measures for the 
small-mesh multispecies fishery to better achieve the FMP's objectives. 
After considering this guidance, the Council may submit to NMFS its 
recommendations for changes to management measures, as appropriate, 
through the specifications process described in this section, the 
process specified in paragraph (c) of this section, or through an 
amendment to the FMP.
    (4) Specifications package. (i) The Whiting PDT shall prepare a 
specification package, including a SAFE Report, at least every 3 years. 
Based on the specification package, the Whiting PDT shall develop and 
present to the Council recommended specifications as defined in 
paragraph (a) of this section for up to 3 fishing years. The 
specifications package shall be the primary vehicle for the presentation 
of all updated biological and socio-economic information regarding the 
small-mesh multispecies fishery. The specifications package shall 
provide source data for any adjustments to the management measures that 
may be needed to continue to meet the goals and objectives of the FMP. 
The specifications package may include modifications to the OFL, ABC, 
ACL, TAL, possession limits, and in-season possession limit triggers.
    (ii) In any year in which a specifications package, including a SAFE 
Report, is not completed by the Whiting PDT, the annual review process 
described in paragraph (a) of this section shall be used to recommend 
any necessary adjustments to specifications and/or management measures 
in the FMP.
    (5) Accountability measures for the small-mesh multispecies 
fishery--(i) In-season adjustment of possession limits. In-season 
adjustment accountability measures for the small-mesh multispecies 
fishery are specified in accordance with the procedures in Sec. 
648.86(d)(4).
    (ii) Post-season adjustment for an overage. If NMFS determines that 
a small-mesh multispecies ACL was exceeded in a given fishing year, the 
in-season accountability measure adjustment trigger, as specified in 
paragraph (b)(5)(iii) of this section, shall be reduced in a subsequent 
fishing year by 1 percent for each 1 percent by which the ACL was 
exceeded through notification consistent with the Administrative 
Procedure Act. For example, if the in-season adjustment trigger is 90 
percent, and an ACL is exceeded by 5 percent, the adjustment trigger for 
the stock whose ACL was exceeded would be reduced to 85 percent for 
subsequent fishing years.
    (iii) Small-mesh multispecies in-season adjustment triggers. The 
small-mesh multispecies inseason accountability measure adjustment 
triggers are as follow:

------------------------------------------------------------------------
                                                            In-season
                                                            adjustment
                        Species                              trigger
                                                            (percent)
------------------------------------------------------------------------
Northern Red Hake......................................             62.5
Northern Silver Hake...................................             90
Southern Red Hake......................................             90
Southern Whiting.......................................             90
------------------------------------------------------------------------

    (c) Within season management action for NE multispecies, including 
small-mesh NE multispecies. The Council 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 
NE Multispecies FMP, to address gear conflicts, or to facilitate

[[Page 845]]

the development of aquaculture projects in the EEZ. This procedure may 
also be used to modify FMP overfishing definitions and fishing mortality 
targets that form the basis for selecting specific management measures.
    (1) Adjustment process. (i) After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of both 
the proposals and the analyses and opportunity to comment on them prior 
to and at the second Council meeting. The Council's recommendation on 
adjustments or additions to management measures, other than to address 
gear conflicts, must come from one or more of the following categories: 
DAS changes; effort monitoring; data reporting; possession limits; gear 
restrictions; closed areas; permitting restrictions; crew limits; 
minimum fish sizes; onboard observers; minimum hook size and hook style; 
the use of crucifer in the hook-gear fishery; sector requirements; 
recreational fishing measures; area closures and other appropriate 
measures to mitigate marine mammal entanglements and interactions; 
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.
    (ii) The Council's recommendation on adjustments or additions to 
management measures pertaining to small-mesh NE multispecies, other than 
to address gear conflicts, must come from one or more of the following 
categories: Quotas and appropriate seasonal adjustments for vessels 
fishing in experimental or exempted fisheries that use small mesh in 
combination with a separator trawl/grate (if applicable); modifications 
to separator grate (if applicable) and mesh configurations for fishing 
for small-mesh NE multispecies; adjustments to whiting stock boundaries 
for management purposes; adjustments for fisheries exempted from minimum 
mesh requirements to fish for small-mesh NE multispecies (if 
applicable); season adjustments; declarations; participation 
requirements for any of the Gulf of Maine/Georges Bank small-mesh 
multispecies exemption areas; OFL and ABC values; ACL, TAL, or TAL 
allocations, including the proportions used to allocate by season or 
area; small-mesh multispecies possession limits, including in-season AM 
possession limits; changes to reporting requirements and methods to 
monitor the fishery; and biological reference points, including selected 
reference time series, survey strata used to calculate biomass, and the 
selected survey for status determination; and changes to the SBRM, 
including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, the process for 
prioritizing observer sea-day allocations, reports, and/or industry-
funded observers or observer set aside programs.
    (iii) Adjustment process for whiting DAS. The Council may develop 
recommendations for a whiting DAS effort reduction program through the 
framework process outlined in paragraph (c) of this section only if 
these options are accompanied by a full set of public hearings that span 
the area affected by the proposed measures in order to provide adequate 
opportunity for public comment.
    (2) Adjustment process for gear conflicts. The Council may develop a 
recommendation on measures to address gear conflicts as defined under 50 
CFR 600.10, in accordance with the procedures specified in Sec. 648.55 
(d) and (e).
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on

[[Page 846]]

whether to issue the management measures as a final rule, consistent 
with the Administrative Procedure Act. If the Council recommends that 
the management measures should be issued as a final rule, the Council 
must consider at least the following factors and provide support and 
analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule, based on the 
factors specified in paragraph (c)(3) of this section, the measures will 
be issued as a final rule in the Federal Register, consistent with the 
Administrative Procedure Act.
    (ii) If the Regional Administrator concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the Council's 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator does not concur, the Council 
will be notified in writing of the reasons for the non-concurrence.
    (d) Flexible Area Action System. (1) The Chair of the Multispecies 
Oversight Committee, upon learning of the presence of discard problems 
associated with large concentrations of juvenile, sublegal, or spawning 
multispecies, shall determine if the situation warrants further 
investigation and possible action. In making this determination, the 
Committee Chair shall consider the amount of discard of regulated 
species, the species targeted, the number and types of vessels operating 
in the area, the location and size of the area, and the resource 
condition of the impacted species. If he/she determines it is necessary, 
the Committee Chair will request the Regional Administrator to initiate 
a fact finding investigation to verify the situation and publish 
notification in the Federal Register requesting public comments in 
accordance with the procedures therefore in Amendment 3 to the NE 
Multispecies FMP.
    (2) After examining the facts, the Regional Administrator shall, 
within the deadlines specified in Amendment 3, provide the technical 
analysis required by Amendment 3.
    (3) The NEFMC shall prepare an economic impact analysis of the 
potential management options under consideration within the deadlines 
specified in Amendment 3.
    (4) Copies of the analysis and reports prepared by the Regional 
Administrator and the NEFMC shall be made available for public review at 
the NEFMC's office and the Committee shall hold a meeting/public 
hearing, at which time it shall review the analysis and reports and 
request public comments. Upon review of all available sources of 
information, the Committee shall determine what course of action is 
warranted by the facts and make a recommendation, consistent with the 
provisions of Amendment 3 to the Regional Administrator.
    (5) By the deadline set in Amendment 3 the Regional Administrator 
shall either accept or reject the Committee's recommendation. If the 
recommended

[[Page 847]]

action is consistent with the record established by the fact-finding 
report, impact analysis, and comments received at the public hearing, 
he/she shall accept the Committee's recommendation and implement it 
through notification in the Federal Register and by notice sent to all 
vessel owners holding multispecies permits. The Regional Administrator 
shall also use other appropriate media, including, but not limited to, 
mailings to the news media, fishing industry associations and radio 
broadcasts, to disseminate information on the action to be implemented.
    (6) Once implemented, the Regional Administrator shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Administrator determines that the circumstances under which the 
action was taken, based on the Regional Administrator's report, the 
NEFMC's report, and the public comments, are no longer in existence, he/
she shall terminate the action by notification in the Federal Register.
    (7) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Administrator may determine that facts warrant a 
delayed effective date.
    (e) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action and interim measures under 
section 305(c) of the Magnuson-Stevens Act.

[69 FR 22984, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.90, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.91  Monkfish regulated mesh areas and restrictions on gear
and methods of fishing.

    All vessels fishing for, possessing or landing monkfish must comply 
with the following minimum mesh size, gear, and methods of fishing 
requirements, unless otherwise exempted or prohibited:
    (a) Northern Fishery Management Area (NFMA)--Area definition. The 
NFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at the intersection of 70 deg. W. longitude and the south-
facing shoreline of Cape Cod, MA (point A), then southward along 70 deg. 
W. longitude to 41 deg. N. latitude, then eastward to the U.S.-Canada 
maritime boundary, then in a northerly direction along the U.S.-Canada 
maritime boundary until it intersects the Maine shoreline, and then 
following the coastline in a southerly direction until it intersects 
with point A.
    (b) Southern Fishery Management Area (SFMA)--Area definition. The 
SFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at point A, then in a southerly direction to the NC-SC border, 
then due east to the 200-mile limit, then in a northerly direction along 
the 200-mile limit to the U.S.-Canada maritime boundary, then in a 
northwesterly direction along the U.S.-Canada maritime boundary to 
41 deg. N. latitude, and then westward to 70 deg. W. longitude, and 
finally north to the shoreline at Cape Cod, MA (point A).
    (c) Gear restrictions--(1) Minimum mesh size--(i) Trawl nets while 
on a monkfish DAS. Except as provided in paragraph (c)(1)(ii) of this 
section, the minimum mesh size for any trawl net, including beam trawl 
nets, used by a vessel fishing under a monkfish DAS is 10-inch (25.4-cm) 
square or 12-inch (30.5-cm) diamond mesh throughout the codend for at 
least 45 continuous meshes forward of the terminus of the net. The 
minimum mesh size for the remainder of the trawl net is the regulated 
mesh size specified under Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or 
(c)(2)(i) of the Northeast multispecies regulations, depending upon and 
consistent with the NE multispecies regulated mesh area being fished.
    (ii) Trawl nets while on a monkfish and NE multispecies DAS. Vessels 
issued a Category C, D, G, or H limited access monkfish permit and 
fishing with trawl gear under both a monkfish and NE multispecies DAS 
are subject to the minimum mesh size allowed under regulations governing 
mesh size at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), 
depending upon, and consistent with, the NE multispecies regulated mesh

[[Page 848]]

area being fished, unless otherwise specified in this paragraph 
(c)(1)(ii). Trawl vessels participating in the Offshore Fishery Program, 
as described in Sec. 648.95, and that have been issued a Category F 
monkfish limited access permit, are subject to the minimum mesh size 
specified in paragraph (c)(1)(i) of this section.
    (iii) Gillnets while on a monkfish DAS. The minimum mesh size for 
any gillnets used by a vessel fishing under a monkfish DAS is 10-inch 
(25.4-cm) diamond mesh, unless:
    (A) The owner or operator of a limited access NE multispecies vessel 
fishing under a NE multispecies category A DAS with gillnet gear in the 
NFMA changes the vessel's DAS declaration to a monkfish DAS through the 
vessel's VMS unit during the course of the trip in accordance with the 
provisions specified under Sec. 648.92(b)(1)(iii);
    (B) A vessel issued a Category C or D limited access monkfish permit 
is fishing under both a monkfish and NE multispecies Category A DAS in 
the SFMA using roundfish gillnets, as defined at Sec. 648.2, with 6.5-
inch (16.5-cm) diamond mesh;
    (C) A vessel issued a limited access monkfish permit is fishing on a 
monkfish-only DAS in the Mid-Atlantic Exemption Area using roundfish 
gillnets with a minimum mesh size of 5 inches (12.7 cm) in accordance 
with the provisions specified under Sec. 648.80(c)(5); or
    (D) A vessel issued a limited access monkfish permit is fishing on a 
monkfish-only DAS in the Southern New England Dogfish Exemption Area 
using roundfish gillnets with a minimum mesh size of 6 inches (15.2 cm) 
in accordance with the provisions specified under Sec. 648.80(b)(7).
    (iv) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C, D, G, or H limited access monkfish permit and 
fishing under a monkfish and scallop DAS may only fish with and use a 
trawl net with a mesh size no smaller than that specified in paragraph 
(c)(1)(i) of this section.
    (2) Other gear restrictions. (i) A vessel may not fish with dredges 
or have dredges on board while fishing under a monkfish DAS.
    (ii) All other non-conforming gear must be stowed and not available 
for immediate use as defined in Sec. 648.2.
    (iii) The mesh size restrictions in paragraph (c)(1) of this section 
do not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 ft\2\ (0.81 m\2\)).
    (3) SFMA trawl roller gear restriction. The roller gear diameter on 
any vessel on a monkfish DAS in the SFMA may not exceed 6 inches (15.2 
cm) in diameter.

[64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 
FR 50323, Aug. 1, 2002; 70 FR 21942, Apr. 28, 2005; 72 FR 53949, Sept. 
21, 2007; 79 FR 52580, Sept. 4, 2014; 81 FR 58865, Aug. 26, 2016]



Sec. 648.92  Effort-control program for monkfish limited access vessels.

    (a) General. A vessel issued a limited access monkfish permit may 
not fish for, possess, retain, or land monkfish, except during a DAS as 
allocated under and in accordance with the applicable DAS program 
described in this section, except as otherwise provided in this part.
    (1) End of year carryover. With the exception of a vessel that held 
a Confirmation of Permit History, as described in Sec. 
648.4(a)(1)(i)(J), for the entire fishing year preceding the carryover 
year, a limited access monkfish vessel that has unused monkfish DAS on 
the last day of April of any year may carry over a maximum of 4 unused 
monkfish DAS into the next fishing year. A vessel whose DAS have been 
sanctioned through enforcement proceedings shall be credited with unused 
DAS based on its DAS allocation minus any DAS that have been sanctioned.
    (2) [Reserved]
    (b) Monkfish DAS program--permit categories and allocations--(1) 
Limited access monkfish permit holders--(i) General provision. Each 
vessel issued a limited access monkfish permit shall be allocated 46 
monkfish DAS each fishing year, which must be used in accordance with 
the provisions of this paragraph (b), unless the permit is enrolled in 
the Offshore Fishery Program in the SFMA, as specified in paragraph 
(b)(1)(iv) of this section. The annual allocation of monkfish DAS to 
each limited access monkfish permit shall be reduced by

[[Page 849]]

the amount calculated in paragraph (b)(1)(v) of this section for the 
research DAS set-aside. Unless otherwise specified in paragraph (b)(2) 
of this section or under this subpart F, a vessel issued a limited 
access NE multispecies or limited access sea scallop permit that is also 
issued a limited access monkfish permit must use a NE multispecies or 
sea scallop DAS concurrently with each monkfish DAS utilized.
    (ii) DAS restrictions for vessels fishing in the SFMA. A vessel 
issued a limited access monkfish permit may not use more than 32 of its 
46 monkfish DAS allocation in the SFMA during each fishing year. Each 
vessel issued a limited access monkfish permit fishing in the SFMA must 
declare that it is fishing in this area through the vessel call-in 
system or VMS prior to the start of every trip. In addition, if a vessel 
does not possess a valid letter of authorization from the Regional 
Administrator to fish in the NFMA as described in Sec. 648.94(f), NMFS 
shall presume that any monkfish DAS used were fished in the SFMA.
    (iii) DAS declaration provision for vessels fishing in the NFMA with 
a VMS unit. Any limited access NE multispecies vessel fishing on a 
sector trip or under a NE multispecies Category A DAS in the NFMA, and 
issued an LOA as specified in Sec. 648.94(f), may change its DAS 
declaration to a monkfish DAS through the vessel's VMS unit during the 
course of the trip after leaving port, but prior to crossing the VMS 
demarcation line upon its return to port or leaving the NFMA, if the 
vessel exceeds the incidental catch limit specified under Sec. 
648.94(c).
    (A) Vessels that change their DAS declaration from a NE multispecies 
Category A DAS to a monkfish DAS during the course of a trip remain 
subject to the NE multispecies DAS usage requirements (i.e., use a NE 
multispecies Category A DAS in conjunction with the monkfish DAS) 
described in paragraph (b)(2)(i) of this section.
    (B) Gillnet vessels that change their DAS declaration in accordance 
with this paragraph (b)(1)(iii) are not subject to the gillnet minimum 
mesh size restrictions found at Sec. 648.91(c)(1)(iii), but are subject 
to the smaller NE multispecies minimum mesh requirements for gillnet 
vessels found under Sec. 648.80 based upon the NE Multispecies 
Regulated Mesh Area in which the vessel is fishing.
    (iv) Offshore Fishery Program DAS allocation. A vessel issued a 
Category F permit, as described in Sec. 648.95, shall be allocated a 
prorated number of monkfish DAS as specified in Sec. 648.95(g)(2).
    (v) Research DAS set-aside. A total of 500 DAS shall be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS shall be deducted from the 
total number of DAS allocated to all monkfish limited access permit 
holders, as specified under paragraph (b)(1)(i) of this section. A per 
vessel deduction shall be determined as follows: Allocated DAS minus the 
quotient of 500 DAS divided by the total number of limited access 
permits issued in the previous fishing year. For example, if the DAS 
allocation equals 31 DAS and there were 750 limited access monkfish 
permits issued during FY 2006, the number of DAS allocated to each 
vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS divided by 750 
permits), or 30.3 DAS.
    (2) Category C, D, F, G, or H limited access monkfish permit 
holders. (i) General provision. Unless otherwise specified in paragraph 
(b)(2)(ii) of this section, each monkfish DAS used by a vessel issued a 
limited access monkfish Category C, D, F, G, or H permit and a limited 
access NE multispecies or scallop DAS permit shall also be counted as a 
NE multispecies or scallop DAS, as applicable. A vessel issued a limited 
access monkfish Category C, D, F, or H permit may not use a NE 
multispecies Category B Regular DAS under the NE Multispecies Regular B 
DAS Program, as specified under Sec. 648.85(b)(6), in order to satisfy 
the requirement of this paragraph (b)(2)(i) to use a NE multispecies DAS 
concurrently with a monkfish DAS.
    (ii) Monkfish-only DAS. When a vessel issued a limited access 
monkfish Category C, D, F, G, or H permit and a limited access NE 
multispecies DAS permit has an allocation of NE multispecies Category A 
DAS, specified under Sec. 648.82(d)(1), that is less than the number of 
monkfish DAS allocated for the

[[Page 850]]

fishing year May 1 through April 30, that vessel shall be allocated 
``monkfish-only'' DAS equal to the difference between the number of its 
allocated monkfish DAS and the number of its allocated NE multispecies 
Category A DAS at the start of a fishing year. For example, if a vessel 
issued a limited access monkfish Category D permit is allocated 46 
monkfish DAS and 26 NE multispecies Category A DAS, it would have 20 
monkfish-only DAS at the start of each fishing year. The available 
balance of monkfish-only DAS may vary throughout the fishing year based 
upon monkfish-only DAS usage and the acquisition or relinquishment of NE 
multispecies DAS under the NE Multispecies DAS Leasing Program, as 
specified in paragraph (b)(2)(iii) of this section. A vessel issued a 
limited access monkfish Category C, D, F, G, or H permit may use 
monkfish-only DAS without the concurrent use of a NE multispecies DAS at 
any time throughout the fishing year, regardless of the number of NE 
multispecies Category A DAS available. When fishing under a monkfish-
only DAS, the vessel must fish under the regulations pertaining to a 
limited access monkfish Category A or B permit, as applicable, and may 
not retain any regulated NE multispecies. For example, a vessel issued a 
limited access monkfish Category C permit must comply with the monkfish 
landing limits applicable to a Category A monkfish permit when fishing 
under a monkfish-only DAS.
    (iii) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that has monkfish-only DAS, as specified in paragraph 
(b)(2)(ii) of this section, and that leases NE multispecies DAS from 
another vessel pursuant to Sec. 648.82(k), must fish its available 
monkfish-only DAS in conjunction with its leased NE multispecies DAS, to 
the extent that the vessel has NE multispecies DAS available.
    (B) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that leases NE multispecies DAS to another vessel(s), 
pursuant to Sec. 648.82(k), must forfeit a monkfish DAS for each NE 
multispecies DAS that the vessel leases, equal in number to the 
difference between the number of remaining NE multispecies DAS and the 
number of unused monkfish DAS at the time of the lease. For example, if 
a lessor vessel that had 31 unused monkfish DAS and 35 allocated NE 
multispecies DAS leased 10 of its NE multispecies DAS to another vessel, 
the lessor would forfeit 6 of its monkfish DAS (10 - (35 NE multispecies 
DAS-31 monkfish DAS) = 6).
    (3) Accrual of DAS. Unless otherwise provided in Sec. 
648.92(b)(8)(v), all monkfish DAS fished shall be charged to the nearest 
minute.
    (4) DAS credits--(i) Good Samaritan credit. A limited access vessels 
fishing under the DAS program and that spends time at sea assisting in a 
USCG search and rescue operation or assisting the USCG in towing a 
disabled vessel, and that can document the occurrence through the USCG, 
will not accrue DAS for the time documented.
    (ii) Canceled trip DAS credit. A limited access vessel operating 
under the DAS program and that end a fishing trip prior to setting and/
or hauling fishing gear for any reason may request a cancelled trip DAS 
credit for the trip based on the following conditions and requirements.
    (A) There is no fish onboard the vessel and no fishing operations on 
the vessel were initiated, including setting and/or hauling fishing 
gear; and
    (B) The owner or operator of the vessel fishing under a DAS program 
and required to use a VMS as specified under Sec. 648.10(b) makes an 
initial trip cancelation notification from sea, at the time the trip was 
canceled, or at the earliest opportunity prior to crossing the 
demarcation line as defined at Sec. 648.10(a). These reports are in the 
form of an email to NMFS Office of Law Enforcement and include at least 
the following information: Operator name; vessel name; vessel permit 
number; port where vessel will return; date trip started; estimated 
date/time of return to port; and a statement from the operator that no 
fish were onboard and no fishing activity occurred; and
    (C) The owner or operator of the vessel operating under the DAS 
program required to use the IVR call in as specified under Sec. 
648.10(h) makes an initial

[[Page 851]]

trip cancelation notification to NMFS by calling the IVR back at the 
time the trip was canceled, or at the earliest opportunity prior to 
returning to port. This request must include at least the following 
information: Operator name; vessel name; vessel permit number; port 
where vessel will return; date trip started; estimated date/time of 
return to port; and a statement from the operator that no fish were 
onboard and no fishing activity occurred; and
    (D) The owner or operator of the vessel requesting a canceled trip 
DAS credit, in addition to the requirements in paragraphs (b)(4)(ii)(B) 
and (C) of this section, submits a written DAS credit request form to 
NMFS within 30 days of the vessel's return to port from the canceled 
trip. This application must include at least the following information: 
Date and time when the vessel canceled the fishing trip; date and time 
of trip departure and landing; operator name; owner/corporation name; 
permit number; hull identification number; vessel name; date and time 
notification requirements specified under paragraphs (b)(4)(ii)(B) and 
(C) of this section were made; reason for canceling the trip; and owner/
operator signature and date; and
    (E) The vessel trip report for the canceled trip as required under 
Sec. 648.7(b) is submitted along with the DAS credit request form; and
    (F) For DAS credits that are requested near the end of the fishing 
year as defined at Sec. 648.2, and approved by the Regional 
Administrator, the credited DAS apply to the fishing year in which the 
canceled trip occurred. Credited DAS that remain unused at the end of 
the fishing year or are not credited until the following fishing year 
and may be carried over into the next fishing year, not to exceed the 
maximum number of carryover DAS as specified under paragraph (a)(1) of 
this section.
    (5) [Reserved]
    (6) Declaring monkfish DAS. A vessel's owner or authorized 
representative shall notify the Regional Administrator of a vessel's 
participation in the monkfish DAS program using the notification 
requirements specified in Sec. 648.10.
    (7) Adjustments in annual monkfish DAS allocations. Adjustments in 
annual monkfish DAS allocations, if required to meet fishing mortality 
goals, may be implemented pursuant to the framework adjustment 
procedures of Sec. 648.96.
    (8) Gillnet restrictions--(i) Number and size of nets--(A) Category 
A and B vessels. A vessel issued a monkfish limited access Category A or 
B permit and fishing under a monkfish DAS may not fish with, haul, 
possess, or deploy more than 160 gillnets. Nets may not be longer than 
300 ft (91.44 m), or 50 fathoms, in length.
    (B) Category C, D, F, G, and H vessels that possess a limited access 
NE multispecies permit. A vessel issued a valid monkfish limited access 
Category C, D, F, G, or H permit that possesses a valid limited access 
NE multispecies permit and fishing under a monkfish DAS may not fish 
with, haul, possess, or deploy more than 150 gillnets. A vessel issued a 
NE multispecies limited access permit and a limited access monkfish 
permit, and fishing under a monkfish DAS, may fish any combination of 
monkfish, roundfish, and flatfish gillnets, up to 150 nets total, 
provided that the number of monkfish, roundfish, and flatfish gillnets 
is consistent with the limitations of Sec. 648.82. Nets may not be 
longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning May 1, 2000, all gillnets 
fished, hauled, possessed, or deployed by a vessel fishing for monkfish 
under a monkfish DAS must have one monkfish tag per net, with one tag 
secured to every other bridle of every net within a string of nets. Tags 
must be obtained as described in Sec. 648.4. A vessel operator must 
account for all net tags upon request by an authorized officer.
    (iii) Lost tags. A vessel owner or operator must report lost, 
destroyed, or missing tag numbers by letter or fax to the Regional 
Administrator within 24 hours after tags have been discovered lost, 
destroyed, or missing.
    (iv) Replacement tags. A vessel owner or operator seeking 
replacement of lost, destroyed, or missing tags must request replacement 
tags by letter or fax to the Regional Administrator. A check for the 
cost of the replacement

[[Page 852]]

tags must be received before the tags will be re-issued.
    (v) Method of counting DAS. A vessel fishing with gillnet gear under 
a monkfish DAS shall accrue 15 hours monkfish DAS for all trips less 
than or equal to 15 hours in duration. Such vessels shall accrue 
monkfish DAS based on actual time at sea for trips greater than 15 hours 
in duration. A vessel fishing with gillnet gear under only a monkfish 
DAS is not required to remove gillnet gear from the water upon returning 
to the dock and calling out of the DAS program, provided the vessel 
complies with the requirements and conditions of paragraphs (b)(8)(i)-
(v) of this section. A vessel fishing with gillnet gear under a joint 
monkfish and NE multispecies DAS, as required under Sec. 
648.92(b)(2)(i), that is declared as a trip gillnet vessel under the NE 
Multispecies FMP, must remove its gillnet gear from the water prior to 
calling out of the DAS program, as specified at Sec. 648.82(j)(2).
    (9) Category G and H limited access permit holders. (i) A vessel 
issued a limited access monkfish Category G or H permit may fish under a 
monkfish DAS only in the SFMA, as defined at Sec. 648.91(b).
    (ii) Vessels issued valid limited access monkfish Category G or H 
permit that also possess a limited access NE multispecies or limited 
access scallop permit are subject to the same provisions as Category C 
or D vessels, respectively, unless otherwise stated under this subpart 
F.
    (10) DAS Adjustment for Trip Limit Overage. Any limited access 
monkfish vessel, required to or voluntarily using a VMS, fishing on a 
monkfish DAS may land up to the equivalent of one additional day's worth 
of its trip limit (i.e., amount of monkfish authorized per DAS) than 
would otherwise be authorized, provided the vessel, vessel owner, or 
vessel operator notifies the Regional Administrator of the overage via 
VMS prior to crossing the VMS demarcation line. If the vessel is not 
required to be, or is not equipped with an operable VMS, the vessel, 
vessel operator, or owner must notify the Regional Administrator via the 
call-in system at least 1-hr prior to landing. The monkfish DAS charged 
to the vessel will then be increased to equal a full 24-hr period plus 1 
minute to account for the trip limit overage. For example, if a vessel 
has the equivalent of two monkfish DAS trip limits (based on its permit 
category) on board, but has only been declared into the monkfish DAS 
program for 15 hr, the vessel, vessel owner, or vessel operator may land 
fish equal to the two DAS trip limits only if the Regional Administrator 
of the overage is notified via VMS or the call-in system as described 
above. In this case, the monkfish DAS charged to the vessel would be 
adjusted from 15 hr to 24 hr and 1 minute.
    (c) Monkfish Research--(1) DAS Set-Aside Program. (i) NMFS shall 
publish a Request for Proposals (RFP) in the Federal Register consistent 
with procedures and requirements established by the NOAA Grants Office 
to solicit proposals for the upcoming fishing year that are based on 
research priorities identified by the Councils.
    (ii) NMFS shall convene a review panel that may include members of 
the Councils' Monkfish Oversight Committee, the Council's Research 
Steering Committee, and other subject matter experts, to review 
proposals submitted in response to the RFP.
    (A) Each panel member shall recommend which research proposals 
should be authorized to utilize the research DAS set aside in accordance 
with paragraph (b)(1)(iv) of this section, based on the selection 
criteria described in the RFP.
    (B) NMFS and the NOAA Grants Office shall consider each panel 
member's recommendation, and NOAA shall provide final approval of the 
projects, and notify applicants of the grant award through written 
notification to the project proponent. The Regional Administrator may 
exempt selected vessel(s) from regulations specified in each of the 
respective FMPs through the exempted fishing permit (EFP) process 
specified under Sec. 600.745(b)(2).
    (iii) The grant awards approved under the RFPs shall be for the 
upcoming fishing year. Proposals to fund research that would start prior 
to the fishing year are not eligible for consideration. Multi-year grant 
awards may

[[Page 853]]

be approved under an RFP for an upcoming fishing year, so long as the 
research DAS available under subsequent RFPs are adjusted to account for 
the approval of multi-year awards.
    (iv) Research projects shall be conducted in accordance with 
provisions approved and provided in an EFP issued by the Regional 
Administrator, as authorized under Sec. 600.745(b)(2).
    (v) If the Regional Administrator determines that the annual 
allocation of research DAS will not be used in its entirety once all of 
the grant awards have been approved, the Regional Administrator shall 
reallocate the unallocated research DAS as exempted DAS to be authorized 
as described in paragraph (c)(2) of this section, and provide notice of 
the reallocation of DAS in the Federal Register. Any allocated research 
DAS that are not used during the fishing year for which they are granted 
may be carried over into the next fishing year. Any unallocated research 
DAS may not be carried over into the next fishing year.
    (vi) For proposals that require other regulatory exemptions that 
extend beyond the scope of the analysis contained in the Monkfish FMP, 
subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (2) DAS Exemption Program. (i) Vessels that seek to conduct monkfish 
research within the current fishing year, and that were not selected in 
the RFP process during the previous fishing year, may seek exemptions 
from monkfish DAS for the purpose of conducting exempted fishing 
activities, as authorized at Sec. 600.745(b), under the following 
conditions and restrictions:
    (A) The request for a monkfish DAS exemption must be submitted along 
with a complete application for an EFP to the Regional Administrator. 
The requirements for submitting a complete EFP application are provided 
in Sec. 600.745(b)(2);
    (B) Exempted DAS must be available for usage. Exempted DAS shall 
only be made available by the Regional Administrator if it is determined 
that the annual set-aside of research DAS will not be used in its 
entirety, as described in paragraph (c)(1)(v) of this section. If 
exempted DAS are not available for usage, the applicant may continue to 
seek an exemption from monkfish DAS, but may be required to conduct an 
analysis of the impacts associated with the monkfish DAS exemption 
request before issuance of the EFP application will be considered; and
    (C) For EFP applications that require other regulatory exemptions 
that extend beyond the scope of the analysis contained in the Monkfish 
FMP, subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (ii) Monkfish DAS exemption requests shall be reviewed and approved 
by the Regional Administrator in the order in which they are received.

[64 FR 54748, Oct. 7, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
648.92, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.93  Monkfish minimum fish sizes.

    (a) General provisions. All monkfish caught by vessels issued a 
valid Federal monkfish permit must meet the minimum fish size 
requirements established in this section.

                           Minimum Fish Sizes
                       (Total Length/Tail Length)
------------------------------------------------------------------------
                  Total Length                         Tail Length
------------------------------------------------------------------------
17 inches (43.2 cm)                                  11 inches (27.9 cm)
------------------------------------------------------------------------

    (b) The minimum fish size applies to the whole fish (total length) 
or to the tail of a fish (tail length) at the time of landing. Fish or 
parts of fish, with the exception of cheeks and livers, must have skin 
on while possessed on board a vessel and at the time of landing in order 
to meet minimum size requirements. ``Skin on'' means the entire portion 
of the skin normally attached to the portion of the fish or fish parts 
possessed. Monkfish tails are measured from the anterior portion of the 
fourth cephalic dorsal spine to the end of the caudal fin. Any tissue 
anterior to the

[[Page 854]]

fourth dorsal spine is ignored. If the fourth dorsal spine or the tail 
is not intact, the minimum size is measured between the most anterior 
vertebra and the most posterior portion of the tail.

[64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003; 70 
FR 21944, Apr. 28, 2005; 79 FR 41924, July 18, 2014]



Sec. 648.94  Monkfish possession and landing restrictions.

    (a) General. Monkfish may be possessed or landed either as tails 
only, tails with associated heads possessed separately, or in whole form 
(head on and gutted), or any combination of the three provided the 
weight of monkfish heads on board does not exceed 1.91 times the weight 
of monkfish tails on board. When any combination of tails, and whole 
fish are possessed or landed, the possession or landing limit shall be 
based on tail weight where all whole monkfish (head on and gutted) are 
converted to tail weight using the conversion factor of 2.91. For 
example, whole weight is converted to tail weight by dividing the whole 
weight by 2.91. Conversely, tail weight is converted to whole weight by 
multiplying the tail weight by 2.91. If heads only are possessed in 
combination with tails, the possession or landing limit for monkfish 
heads may not exceed 1.91 times the tail weight of fish on board, 
excluding any whole monkfish. The allowed amount of head weight is 
determined by multiplying the tail weight by 1.91. For example a vessel 
possessing 100 lb (45 kg) of tail weight may possess an additional 191 
lb (87 kg) of monkfish heads (100 x 1.91 = 191). A vessel may not 
possess heads only without possessing the equivalent weight of tails 
allowed by using the conversion factor.
    (b) Vessels issued limited access monkfish permits--(1) Vessels 
fishing under the monkfish DAS program in the NFMA-- (i) Category A 
vessels. A limited access monkfish Category A vessel that fishes 
exclusively in the NFMA under a monkfish DAS may land up to 1,250 lb 
(567 kg) tail weight or 3,638 lb (1,650 kg) whole weight of monkfish per 
DAS (or any prorated combination of tail weight and whole weight based 
on the conversion factor for tail weight to whole weight of 2.91). For 
every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up 
to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph 
(a) of this section.
    (ii) Category B vessels. A limited access monkfish Category B vessel 
that fishes exclusively in the NFMA under a monkfish DAS may land up to 
600 lb (272 kg) tail weight or 1,746 lb (792 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight of 
2.91). For every 1 lb (0.45 kg) of tail only weight landed, the vessel 
may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in 
paragraph (a) of this section.
    (iii) Category C vessels. A limited access monkfish Category C 
vessel that fishes exclusively in the NFMA under a monkfish-only DAS may 
land up to 1,250 lb (567 kg) tail weight or 3,638 lb (1,650 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail weight 
and whole weight based on the conversion factor for tail weight to whole 
weight of 2.91). A limited access monkfish Category C vessel that fishes 
exclusively in the NFMA under both a monkfish and NE multispecies DAS 
may possess and land an unlimited amount of monkfish. For every 1 lb 
(0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb 
(0.87 kg) of monkfish heads only, as described in paragraph (a) of this 
section.
    (iv) Category D vessels. A limited access monkfish Category D vessel 
that fishes exclusively in the NFMA under a monkfish-only DAS may land 
up to 600 lb (272 kg) tail weight or 1,746 lb (792 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight of 
2.91). A limited access monkfish Category D vessel that fishes 
exclusively in the NFMA under both a monkfish and NE multispecies DAS 
may possess and land an unlimited amount of monkfish. For every 1 lb 
(0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb 
(0.87 kg) of monkfish heads only, as described in paragraph (a) of this 
section.
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. A vessel issued a limited access monkfish 
Category A, C,

[[Page 855]]

or G permit that fishes under a monkfish DAS in the SFMA may land up to 
610 lb (277 kg) tail weight or 1,775 lb (805 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight of 
2.91). For every 1 lb (0.45 kg) of tail-only weight landed, the vessel 
may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in 
paragraph (a) of this section.
    (ii) Category B, D, and H vessels. A vessel issued a limited access 
monkfish Category B, D, or H permit that fishes under a monkfish DAS in 
the SFMA may land up to 500 lb (227 kg) tail weight or 1,455 lb (660 kg) 
whole weight of monkfish per DAS (or any prorated combination of tail 
weight and whole weight based on the conversion factor for tail weight 
to whole weight of 2.91). For every 1 lb (0.45 kg)) of tail-only weight 
landed, the vessel may land up to 1.91 lb (0.87) of monkfish heads only, 
as described in paragraph (a) of this section.
    (iii) Category F vessels. Vessels issued a Category F permit are 
subject to the possession and landing restrictions specified at Sec. 
648.95(g)(1).
    (iv) Administration of landing limits. A vessel owner or operator 
may not exceed the monkfish trip limits as specified in paragraphs 
(b)(2)(i) through (iii) of this section per monkfish DAS fished, or any 
part of a monkfish DAS fished.
    (3) Category C, D, F, G, and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Unless otherwise specified in 
paragraph (b)(1) of this section, a vessel issued a limited access 
monkfish Category C permit that fishes under a NE multispecies DAS, and 
not a monkfish DAS, exclusively in the NFMA may land up to 600 lb (272 
kg) tail weight or 1,746 lb (792 kg) whole weight of monkfish per DAS 
(or any prorated combination of tail weight and whole weight based on 
the conversion factor for tail weight to whole weight of 2.91). A vessel 
issued a limited access monkfish Category D permit that fishes under a 
NE multispecies DAS, and not a monkfish DAS, exclusively in the NFMA may 
land up to 500 lb (227 kg) tail weight or 1,455 lb (660 kg) whole weight 
of monkfish per DAS (or any prorated combination of tail weight and 
whole weight based on the conversion factor for tail weight to whole 
weight of 2.91). A vessel issued a limited access monkfish Category C, 
D, or F permit participating in the NE Multispecies Regular B DAS 
program, as specified under Sec. 648.85(b)(6), is also subject to the 
incidental landing limit specified in paragraph (c)(1)(i) of this 
section on such trips.
    (ii) SFMA--(A) Category C, D, and F vessels. Limited access monkfish 
Category C, D, or F vessels that fish any portion of a trip under a NE 
multispecies DAS in the SFMA, and not a monkfish DAS, may land up to 300 
lb (136 kg) tail weight or 873 lb (396 kg) whole weight of monkfish per 
DAS if trawl gear is used exclusively during the trip, or 50 lb (23 kg) 
tail weight or 146 lb (66 kg) whole weight per DAS if gear other than 
trawl gear is used at any time during the trip. Category C, D, and F 
vessels participating in the NE Multispecies Regular B DAS program, as 
specified under Sec. 648.85(b)(6), are also subject to the incidental 
catch limit specified in paragraph (c)(1)(ii) of this section. For the 
purpose of converting whole weight to tail weight, the amount of whole 
weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) 
of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) 
of monkfish heads only, as described in paragraph (a) of this section.
    (B) Category G and H vessels. Limited access monkfish Category G and 
H vessels that fish any portion of a trip under a NE multispecies DAS in 
the SFMA, and not under a monkfish DAS, are subject to the incidental 
catch limit specified in paragraph (c)(1)(ii) of this section. Category 
G and H vessels participating in the NE Multispecies Regular B DAS 
program, as specified under Sec. 648.85(b)(6), are also subject to the 
incidental catch limit specified in paragraph (c)(1)(ii) of this 
section.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit provided such vessel complies with the provisions of Sec. 
648.94(e).
    (4) Category C, D, F, G, or H vessels fishing under the scallop DAS 
program. A Category C, D, F, G, or H vessel fishing

[[Page 856]]

under a scallop DAS may land up to 300 lb (136 kg) tail weight or 873 lb 
(396 kg) whole weight of monkfish per DAS (or any prorated combination 
of tail weight and whole weight based on the conversion factor for tail 
weight to whole weight of 2.91). For every 1 lb (0.45 kg) of tail only 
weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish 
heads only, as described in paragraph (a) of this section.
    (5) Category C, D, F, G, or H scallop vessels declared into the 
monkfish DAS program without a dredge on board, or not under the net 
exemption provision. Category C, D, G, or H vessels that have declared 
into the monkfish DAS program and that do not fish with or have a dredge 
on board, or that are not fishing with a net under the net exemption 
provision specified in Sec. 648.51(f), are subject to the same landing 
limits as specified in paragraphs (b)(1) and (b)(2) of this section, or 
the landing limit specified in Sec. 648.95(g)(1), if issued a Category 
F permit. Such vessels are also subject to provisions applicable to 
Category A and B vessels fishing only under a monkfish DAS, consistent 
with the provisions of this part.
    (6) Vessels not fishing under a NE multispecies, scallop, or 
monkfish DAS. The possession limits for all limited access monkfish 
vessels when not fishing under a NE multispecies, scallop, or monkfish 
DAS are the same as those possession limits applicable to a vessel 
issued a monkfish incidental catch permit specified under paragraphs 
(c)(3) through (c)(8) of this section.
    (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a NE multispecies DAS--(i) NFMA. A vessel issued a valid 
monkfish incidental catch (Category E) permit fishing under a NE 
multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) 
tail weight or 873 lb (396 kg) whole weight of monkfish per DAS, or 25 
percent (where the weight of all monkfish is converted to tail weight) 
of the total weight of fish on board, whichever is less. For the purpose 
of converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of 
tail-only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of 
monkfish heads only, as described in paragraph (a) of this section.
    (ii) SFMA. If any portion of the trip by a vessel issued a monkfish 
incidental catch (Category E) permit, or issued a valid limited access 
Category G or H permit, is fished under a NE multispecies DAS in the 
SFMA, the vessel may land up to 50 lb (23 kg) tail weight or 146 lb (66 
kg) whole weight of monkfish per DAS (or any prorated combination of 
tail weight and whole weight based on the conversion factor for tail 
weight to whole weight of 2.91). For every 1 lb (0.45 kg) of tail only 
weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish 
heads only, as described in paragraph (a) of this section.
    (2) Scallop vessels fishing under a scallop DAS. A scallop vessel 
issued a monkfish incidental catch (Category E) permit fishing under a 
scallop DAS may land up to 300 lb (136 kg) tail weight or 873 lb (396 
kg) whole weight of monkfish per DAS (or any prorated combination of 
tail weight and whole weight based on the conversion factor for tail 
weight to whole weight of 2.91). For every 1 lb (0.45 kg) of tail only 
weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish 
heads only, as described in paragraph (a) of this section.
    (3) Vessels fishing with large mesh and not fishing under a DAS --
(i) A vessel issued a valid monkfish incidental catch limit (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the GOM or GB RMAs with mesh no smaller than specified 
at Sec. Sec. 648.80(a)(3)(i) and (a)(4)(i), respectively, while not on 
a monkfish, NE multispecies, or scallop DAS, may possess, retain, and 
land monkfish (whole or tails) only up to 5 percent (where the weight of 
all monkfish is converted to tail weight) of the total weight of fish on 
board. For the purpose of converting whole weight to tail weight, the 
amount of whole weight possessed or landed is divided by 2.91. For every 
1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 
1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) 
of this section.
    (ii) A vessel issued a valid monkfish incidental catch (Category E) 
permit

[[Page 857]]

or a limited access monkfish permit (Category A, B, C, D, F, G, or H) 
fishing in the SNE RMA east of the MA Exemption Area boundary with mesh 
no smaller than specified at Sec. 648.80(b)(2)(i), while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and land 
monkfish (whole or tails) only up to 5 percent (where the weight of all 
monkfish is converted to tail weight) of the total weight of fish on 
board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole 
weight of monkfish per day or partial day, up to a maximum of 150 lb (68 
kg) tail weight or 437 lb (198 kg) whole weight per trip. For the 
purpose of converting whole weight to tail weight, the amount of whole 
weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) 
of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) 
of monkfish heads only, as described in paragraph (a) of this section.
    (iii) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE RMA under a Skate Bait Letter of Authorization, 
as authorized under Sec. 648.322(c), while not on a monkfish, NE 
multispecies, or scallop DAS, may possess, retain, and land monkfish 
(whole or tails) only up to 5 percent (where the weight of all monkfish 
is converted to tail weight) of the total weight of fish on board, not 
to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of 
monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail 
weight or 437 lb (198 kg) whole weight per trip. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail 
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of 
monkfish heads only, as described in paragraph (a) of this section.
    (iv) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE or MA RMAs west of the MA Exemption Area 
boundary with mesh no smaller than specified at Sec. 648.108(a)(1) 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board, up to a maximum of 450 lb (204 kg) tail weight 
or 1,310 lb (594 kg) whole weight of monkfish per trip, unless that 
vessel is fishing under a Skate Bait Letter of Authorization in the SNE 
RMA. Such a vessel is subject to the incidental catch limit specified 
under paragraph (c)(3)(iii) of this section. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail 
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of 
monkfish heads only, as described in paragraph (a) of this section.
    (4) Vessels fishing with small mesh and not fishing under a DAS. A 
vessel issued a valid monkfish incidental catch (Category E) permit or a 
limited access monkfish permit (Category A, B, C, D, F, G, or H) fishing 
with mesh smaller than the mesh size specified by area in paragraph 
(c)(3) of this section, while not on a monkfish, NE multispecies, or 
scallop DAS, may possess, retain, and land only up to 50 lb (23 kg) tail 
weight or 146 lb (66 kg) whole weight of monkfish per day or partial 
day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) 
whole weight per trip. For the purpose of converting whole weight to 
tail weight, the amount of whole weight possessed or landed is divided 
by 2.91. For every 1 lb (0.45 kg) of tail weight landed, the vessel may 
land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in 
paragraph (a) of this section.
    (5) Small vessels. A vessel issued a limited access NE multispecies 
small vessel category permit and a valid monkfish incidental catch 
(Category E) permit that is less than 30 ft (9.1 m) in length and that 
elects not to fish under the NE multispecies DAS program, may possess, 
retain, and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole 
weight of monkfish per day or partial day, up to a maximum of 150 lb (68 
kg) tail weight or 437 lb (198 kg) whole weight per trip. For the 
purpose of converting whole weight to tail only

[[Page 858]]

weight, the amount of whole weight possessed or landed is divided by 
2.91. For every 1 lb (0.45 kg) of tail weight landed, the vessel may 
land up to 1.91 lb of monkfish heads only, as described in paragraph (a) 
of this section.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a limited access monkfish permit 
(Category A, B, C, D, F, G, or H) and fishing exclusively with rod and 
reel or handlines with no other fishing gear on board, while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and land 
up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of 
monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail 
weight or 437 lb (198 kg) whole weight per trip. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail 
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of 
monkfish heads only, as described in paragraph (a) of this section.
    (7) Vessels fishing with surfclam or ocean quahog dredge gear. A 
vessel issued a valid monkfish incidental catch (Category E) permit and 
a valid surfclam or ocean quahog permit, while fishing exclusively with 
a hydraulic clam dredge or mahogany quahog dredge, may possess, retain, 
and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight 
of monkfish per day or partial day, not to exceed 150 lb (68 kg) tail 
weight or 437 lb (198 kg) whole weight per trip. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail 
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of 
monkfish heads only, as described in paragraph (a) of this section.
    (8) Scallop vessels not fishing under a scallop DAS with dredge 
gear--(i) General provisions. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a valid limited access Category 
C, D, F, G, or H permit, and also possessing a valid General Category 
sea scallop permit or a limited access sea scallop vessel not fishing 
under a scallop DAS, while fishing exclusively with scallop dredge gear 
as specified in Sec. 648.51(b), may possess, retain, and land up to 50 
lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per 
day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 
lb (198 kg) whole weight per trip, unless otherwise specified in 
paragraph (c)(8)(ii) of this section. For the purpose of converting 
whole weight to tail weight, the amount of whole weight possessed or 
landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight 
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads 
only, as described in paragraph (a) of this section.
    (ii) Limited access scallop vessels fishing in Sea Scallop Access 
Areas. A vessel issued a valid monkfish incidental catch (Category E) 
permit or a valid limited access Category C, D, F, G, or H permit, and 
also possessing a limited access sea scallop permit while fishing 
exclusively with scallop dredge gear as specified in Sec. 648.51(b), 
and fishing in one of the established Sea Scallop Access Areas specified 
under Sec. 648.59, may possess, retain, and land up to 300 lb (136 kg) 
tail weight or 873 lb (396 kg) whole weight of monkfish per day or 
partial day fished within the boundaries of the Sea Scallop Access Area. 
Time within the applicable access area, for purposes of determining the 
incidental catch limit, will be determined through the vessel's VMS 
unit. For the purpose of converting whole weight to tail weight, the 
amount of whole weight possessed or landed is divided by 2.91. For every 
1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 
1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) 
of this section.
    (d) Monkfish liver landing restrictions. (1) A vessel authorized to 
land monkfish under this part may possess or land monkfish livers up to 
25 percent of the tail-weight of monkfish, or up to 10 percent of the 
whole weight of monkfish, per trip, except as provided under paragraph 
(d)(2) of this section.
    (2) If a vessel possesses or lands both monkfish tails and whole 
monkfish, the vessel may land monkfish livers up to 10 percent of the 
whole weight of monkfish per trip using the following

[[Page 859]]

weight ratio: (0.10) x [(tail weight x 2.91) + (whole fish x 1)].
    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish under the less restrictive measures of 
the NFMA, may transit the SFMA provided that the vessel does not harvest 
or possess monkfish, or any other fish, from the SFMA, and the vessel's 
gear is properly stowed and not available for immediate use as defined 
in Sec. 648.2.
    (f) Area declaration requirement for a vessel fishing exclusively in 
the NFMA. A vessel intending to fish for, fishing for, possessing, or 
landing monkfish under a NE multispecies, scallop, or monkfish DAS under 
the less restrictive management measures of the NFMA, must fish 
exclusively in the NFMA for the entire trip. In addition, a vessel 
fishing under a monkfish DAS must declare its intent to fish in the NFMA 
through the vessel's VMS unit or through the vessel call-in system, as 
applicable. A vessel that is not required to and does not possess a VMS 
unit must also declare its intent to fish in the NFMA by obtaining a 
letter of authorization from the Regional Administrator, which is 
effective for a period of not less than 7 days, and fishing exclusively 
in the NFMA during the effective period of that letter of authorization. 
A vessel that has not declared into the NFMA under this paragraph (f) 
shall be presumed to have fished in the SFMA, and shall be subject to 
the more restrictive requirements of that area. A vessel that has 
declared into the NFMA may transit the SFMA, providing that it complies 
with the transiting and gear storage provision described in paragraph 
(e) of this section, and provided that it does not fish for or catch 
monkfish, or any other fish, in the SFMA.
    (g) Other landing restrictions. Vessels are subject to any other 
applicable landing restrictions of this part.

[64 FR 54749, Oct. 7, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
648.94, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 648.95  Offshore Fishery Program in the SFMA.

    (a) General. Any vessel issued a valid monkfish limited access 
permit is eligible to apply for a Category F permit in order to fish in 
the Offshore Fishery Program in the SFMA.
    (1) A vessel issued a Category F permit is subject to the specific 
provisions and conditions of this section while fishing on a monkfish 
DAS.
    (2) A vessel issued a limited access monkfish Category C or D permit 
that applies for and is issued a Category F permit remains subject to 
the provisions specific to Category C and D vessels, unless otherwise 
specified under this subpart F.
    (3) Limited access Category C or D vessels that apply for and are 
issued a Category F permit remain subject to the provisions specific to 
Category C and D vessels, unless otherwise specified under this subpart 
F.
    (b) Declaration. To fish in the Offshore Fishery Program, a vessel 
must obtain a monkfish limited access Category F permit and fish under 
this permit for the entire fishing year, subject to the conditions and 
restrictions specified under this part. The owner of a vessel, or 
authorized representative, may change the vessel's limited access 
monkfish permit category within 45 days of the effective date of the 
vessel's permit, provided the vessel has not fished under the monkfish 
DAS program during that fishing year. If such a request is not received 
within 45 days, the vessel owner may not request a change in permit 
category and the vessel's permit category will remain unchanged for the 
duration of the fishing year.
    (c) Offshore Fishery Program Area. The Offshore Fishery Program Area 
is bounded on the south by 38 deg. 00' N. lat. and on the north, west, 
and east by the following coordinates, connected in the order listed by 
rhumb lines.

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
1..............................  41 deg.18.6'         66 deg.24.8'
2..............................  40 deg.55.5'         66 deg.38.0'
3..............................  40 deg.45.5'         68 deg.00.0'
4..............................  40 deg.37.0'         68 deg.00.0'
5..............................  40 deg.30.0'         69 deg.00.0'
6..............................  40 deg.22.7'         69 deg.00.0'
7..............................  40 deg.18.7'         69 deg.40.0'
8..............................  40 deg.21.0'         71 deg.03.0'
9..............................  39 deg.41.0'         72 deg.32.0'

[[Page 860]]

 
10.............................  38 deg.47.0'         73 deg.11.0'
11.............................  38 deg.04.0'         74 deg.06.0'
------------------------------------------------------------------------

    (d) Season. October 1 through April 30 each year.
    (e) Restrictions. (1) Except for the transit provisions provided for 
in paragraph (f) of this section, a vessel issued a valid Category F 
permit may only fish for, possess, and land monkfish in or from the 
Offshore Fishery Program Area while on a monkfish DAS.
    (2) A vessel enrolled in the Offshore Fishery Program is restricted 
to fishing under its monkfish DAS during the season in paragraph (d) of 
this section.
    (3) A vessel issued a limited access monkfish Category F permit 
fishing on a monkfish DAS is subject to the minimum mesh size 
requirements specified in Sec. 648.91(c)(1)(i) and (c)(1)(iii), as well 
as the other gear requirements specified in Sec. 648.91(c)(2) and 
(c)(3).
    (4) A vessel issued a Category F permit must have installed on board 
an operational VMS unit that meets the minimum performance criteria 
specified in Sec. Sec. 648.9 and 648.10 during the entire season 
established under paragraph (d) of this section. Unless otherwise 
required to maintain an operational VMS unit under the VMS notification 
requirements specified at Sec. 648.10(b), a vessel issued a Category F 
permit may turn off its VMS unit outside of that season.
    (f) Transiting. A vessel issued a limited access monkfish Category F 
permit fishing under a monkfish DAS that is transiting to or from the 
Offshore Fishery Program Area, described in paragraph (c) of this 
section, shall have all gear stowed and not available for immediate use 
as defined in Sec. 648.2.
    (g) Monkfish landing limits and DAS allocations. (1) A vessel issued 
a limited access monkfish Category F permit may land up to 1,600 lb (726 
kg) tail weight or 4,656 lb (2,112 kg) whole weight of monkfish per 
monkfish DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight of 
2.91).
    (2) The monkfish DAS allocation for vessels issued a Category F 
permit shall be equal to the trip limit applicable to the vessel's 
monkfish limited access permit category divided by the fixed daily 
possession limit specified in paragraph (g)(1) of this section, and then 
multiplied by the DAS allocation for limited access monkfish vessels not 
issued Category F permits, specified under Sec. 648.92(b)(1). For 
example, if a vessel has a limited access monkfish Category C permit, 
and the applicable trip limit is 800 lb (363 kg) for this category, and 
the vessel has an annual allocation of 40 monkfish DAS, then the 
monkfish DAS allocated to that vessel when issued a Category F permit 
would be 20 monkfish DAS (800 lb divided by 1,600 lb, multiplied by 40 
monkfish DAS equals 20 DAS). Any carryover monkfish DAS will be included 
in the calculation of monkfish DAS for Category F vessels.
    (3) A vessel issued a limited access monkfish Category F permit that 
is fishing under a NE multispecies DAS in the NFMA is subject to the 
incidental landing limit specified at Sec. 648.94(b)(3).
    (4) When not fishing on a monkfish DAS, a vessel issued a limited 
access monkfish Category F permit may fish under the regulations 
applicable to the monkfish incidental catch (Category E) permit, 
specified at Sec. 648.94(c).
    (h) DAS usage by NE multispecies or sea scallop limited access 
permit holders. A vessel issued a Category F permit that also has been 
issued either a NE multispecies or sea scallop limited access permit, 
and is fishing on a monkfish DAS, is subject to the DAS usage 
requirements specified in Sec. 648.92(b)(2).

[70 FR 21945, Apr. 28, 2005, as amended at 72 FR 20960, Apr. 27, 2007; 
72 FR 53942, Sept. 21, 2007; 74 FR 20557, May 4, 2009; 79 FR 41925, July 
18, 2014; 79 FR 52580, Sept. 4, 2014]



Sec. 648.96  FMP review, specification, and framework adjustment
process.

    (a) Annual review and adjustment process. The NEFMC and MAFMC, the 
Monkfish Plan Development Team (PDT), and the Monkfish Advisory Panel 
shall monitor the status of the monkfish fishery and resource.
    (1) Monkfish annual SAFE Report. The PDT shall prepare an annual 
Stock Assessment and Fishery Evaluation (SAFE) Report for the monkfish 
fishery. The SAFE Report shall be the primary vehicle for the 
presentation of updated biological and socio-economic

[[Page 861]]

information regarding the monkfish fishery. The SAFE report shall 
provide source data for any adjustments to the management measures that 
may be needed for the Councils to meet the goals and objectives of the 
FMP.
    (2) Annual review. The PDT shall meet at least annually to conduct a 
review of the monkfish fishery in relation to the goals and objectives 
specified in the Monkfish FMP, including a review of catch relative to 
the annual catch targets (ACTs) for each management area. They shall 
review available data pertaining to discards and landings; DAS and other 
measures of fishing effort; stock status and fishing mortality rate 
information, if available; enforcement of and compliance with management 
measures; and any other relevant information. Based on this review, the 
PDT shall provide guidance to the NEFMC and MAFMC regarding the need to 
adjust management measures to better achieve the FMP's goals and 
objectives. After considering the PDT's guidance, the Council may submit 
to NMFS its recommendations for changes to management measures, as 
appropriate, through the annual framework adjustment process specified 
in paragraph (a)(3) of this section, the in-season framework adjustment 
process specified in paragraph (b) of this section, or through an 
amendment to the FMP.
    (3) Annual framework adjustment procedures. (i) If necessary based 
on the annual review, the Councils may develop adjustments to management 
measures to achieve the annual catch target (ACT) for the upcoming 
fishing year, and may develop other management options to better achieve 
the goals and objectives of the Monkfish FMP, which may include a 
preferred option. The Councils must demonstrate through analysis and 
documentation that any options they develop are expected to meet the 
goals and objectives of the Monkfish FMP. Additionally, if necessary 
based on the recommendation of the NEFMC's Scientific and Statistical 
Committee (SSC), the Councils may recommend measures to revise the ABCs 
and ACLs for the upcoming fishing year(s) as described in paragraph (c) 
of this section.
    (ii) The range of options developed by the Councils may include any 
of the management measures in the Monkfish FMP, including, but not 
limited to: ACTs; closed seasons or closed areas; minimum size limits; 
mesh size limits; net limits; liver-to-monkfish landings ratios; annual 
monkfish DAS allocations and monitoring; trip or possession limits; 
blocks of time out of the fishery; gear restrictions; transferability of 
permits and permit rights or administration of vessel upgrades, vessel 
replacement, or permit assignment; measures to minimize the impact of 
the monkfish fishery on protected species; gear requirements or 
restrictions that minimize bycatch or bycatch mortality; transferable 
DAS programs; changes to the SBRM, including the CV-based performance 
standard, the means by which discard data are collected/obtained, 
fishery stratification, the process for prioritizing observer sea-day 
allocations, reports, and/or industry-funded observers or observer set 
aside programs; changes to the Monkfish Research Set-Aside Program; and 
other frameworkable measures included in Sec. Sec. 648.55 and 648.90.
    (iii) The Councils shall review the options analyzed by the PDT and 
other relevant information, consider public comment, and submit a 
recommendation to the Regional Administrator that meets the Monkfish 
FMP's objectives, consistent with other applicable law. The Councils' 
recommendation to the Regional Administrator shall include supporting 
documents, as appropriate, concerning the environmental and economic 
impacts of the proposed action and the other options considered by the 
Councils. Management adjustments made to the Monkfish FMP require 
majority approval of each Council for submission to the Secretary.
    (A) The Councils may delegate authority to the Joint Monkfish 
Oversight Committee to conduct an initial review of the options analyzed 
by the PDT and any other relevant information, consider public comment, 
and make a recommendation to the Councils.
    (B) If the Councils submit a recommendation that is consistent with 
other applicable law but does not meet

[[Page 862]]

the Monkfish FMP's goals and objectives, the Regional Administrator may 
adopt any option developed by the Councils and analyzed by the PDT that 
has not been rejected by either Council, provided such option meets the 
Monkfish FMP's goals and objectives, and is consistent with other 
applicable law. If either the NEFMC or MAFMC has rejected all options, 
then the Regional Administrator may select any measure that has not been 
rejected by both Councils and that meets the Monkfish FMP's goals and 
objectives.
    (iv) If the Councils submit, on or before December 1, a 
recommendation to the Regional Administrator after one meeting with each 
Council, and the Regional Administrator concurs with the recommendation, 
the recommendation shall be published in the Federal Register as a 
proposed rule, or as otherwise authorized under the Administrative 
Procedure Act. The Councils may instead submit their recommendation on 
or before February 1, if they choose to follow the framework process 
outlined in paragraph (b) of this section and request that the Regional 
Administrator publish the recommendation as a final rule. If the 
Regional Administrator concurs with the Councils' recommendation the 
recommended management measures may be published as a proposed rule or a 
final rule, in accordance with the Administrative Procedure Act. If the 
effective date of a final rule to implement the recommended measures 
falls after the start of the fishing year, fishing may continue under 
the existing regulations, but any DAS used by a vessel on or after the 
start of a fishing year shall be counted against any DAS allocation the 
vessel ultimately receives for that fishing year.
    (v) Following publication of a proposed rule and after receiving 
public comment, if the Regional Administrator concurs in the Councils' 
recommendation, a final rule, if possible, shall be published in the 
Federal Register prior to the start of the next fishing year. If the 
Councils fail to submit a recommendation to the Regional Administrator 
by February 1 that meets the goals and objectives of the Monkfish FMP, 
the Regional Administrator may implement through rulemaking in 
accordance with the Administrative Procedure Act one of the options 
reviewed and not rejected by either Council, provided the option meets 
the goals and objectives of the Monkfish FMP, and is consistent with 
other applicable law.
    (b) Within-season management action. At any time, the Councils or 
the Joint Monkfish Oversight Committee (subject to the approval of the 
Councils' Chairmen) may initiate action to add or adjust management 
measures if it is determined that action is necessary to meet or be 
consistent with the goals and objectives of the Monkfish FMP.
    (1) In-season Framework adjustment procedures. (i) Framework 
adjustments shall require at least one initial meeting of the Joint 
Monkfish Oversight Committee or one of the Councils (the agenda must 
include notification of the framework adjustment proposal) and at least 
two final Council meetings, one at each Council. The Councils 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 
the first of the two final Council meetings. Framework adjustments and 
amendments to the Monkfish FMP require majority approval of each Council 
for submission to the Secretary.
    (ii) Recommended adjustments to management measures must come from 
the categories specified under paragraph (a)(3)(i) of this section, 
including specification of ABC and ACLs, if necessary.
    (2) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils shall make a recommendation 
to the Regional Administrator. The Councils' recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Councils recommend that the management measures should be issued as a 
final rule, the Councils must consider at least the following four 
factors and provide support and analysis for each factor considered:

[[Page 863]]

    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Councils' recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Adjustments for gear conflicts. The Councils may develop a 
recommendation on measures to address gear conflict as defined under 
Sec. 600.10 of this chapter, in accordance with the procedure specified 
in Sec. 648.55(g) and (h).
    (4) Action by NMFS. (i) If the Regional Administrator approves the 
Councils' recommended management measures and determines that the 
recommended management measures should be issued as a final rule based 
on the factors specified in paragraph (c)(3)(i) of this section, the 
Secretary may, for good cause found under the standard of the 
Administrative Procedure Act, waive the requirement for a proposed rule 
and opportunity for public comment in the Federal Register. The 
Secretary, in so doing, shall publish only the final rule. Submission of 
the recommendations does not preclude the Secretary from deciding to 
provide additional opportunity for prior notice and comment in the 
Federal Register.
    (ii) If the Regional Administrator concurs with the Councils' 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, then the measures shall be 
published as a proposed rule in the Federal Register. After additional 
public comment, if NMFS concurs with the Councils' recommendation, then 
the measures shall be issued as a final rule in the Federal Register.
    (iii) If the Regional Administrator does not concur, then the 
Councils shall be notified in writing of the reasons for the non-
concurrence.
    (c) Process for setting ABCs and ACLs. (1) The Councils or the PDT 
may develop options for setting ABC, ACL, and OFL for each monkfish 
stock, as necessary, as part of the annual review and adjustment process 
specified in paragraph (a) of this section, or as otherwise deemed 
necessary following the in-season adjustment process specified in 
paragraph (b) of this section. These options shall be submitted to the 
SSC for consideration. The Councils or the PDT may recommend to the SSC 
that ABC, ACL, and OFL are specified for each monkfish stock for 
multiple years as determined necessary to best align management with the 
stock assessment process for this fishery.
    (i) ABC recommendation. The Councils or the PDT shall calculate ABC 
values for each monkfish stock based on the ABC control rule established 
in the FMP. These calculations shall be reviewed by the SSC, guided by 
terms of reference developed by the Councils. The SSC shall either 
concur with these ABC calculations, or provide alternative 
recommendations for each stock and describe the elements of scientific 
uncertainty used to develop its recommendations. If the SSC concurs with 
the ABC calculations, the revised ABC values are automatically updated 
and no action by the Councils is necessary. If the SSC provides an 
alternative recommendation for calculating the ABC than that currently 
specified in the FMP, the Councils would need to need to take action 
through the annual or in-season framework adjustment process specified 
in paragraphs (a) and (b) of this section, respectively, to implement 
the SSC's recommendation. The SSC may also consider other related issues 
specified in the terms of reference developed by the Councils, 
including, but not limited to, OFLs, ACLs, and management uncertainty.
    (ii) ACL recommendations. The Councils shall establish ACLs for each 
management area that are equivalent to the ABCs calculated using the 
control rule established in the FMP, and reviewed and recommended by the 
SSC.

[[Page 864]]

    (iii) Timing. If determined necessary under the annual review 
process, the Councils shall develop and approve any recommendations for 
ABCs and ACLs prior to December 31, to the extent possible. Once the 
Councils have approved the recommended ABCs and ACLs, only if they 
require adjustments to the ACTs described in paragraph (d) shall they be 
submitted to NMFS as part of an annual framework adjustment or in-season 
framework adjustment, as described in paragraphs (a) and (b) of this 
section, along with any necessary analysis required by applicable law. 
After receipt of the Councils' recommendation for ACLs, NMFS shall 
review the Councils' decision and, if consistent with applicable law, 
implement the ACLs in accordance with the Administrative Procedure Act.
    (d) Accountability Measures (AMs). (1) Specification of ACTs. 
Through the annual review process described in paragraph (a) of this 
section, or as otherwise determined necessary, the Councils shall 
specify ACTs for each management area that are set sufficiently below 
the ACL to account for management uncertainty and prevent the ACL from 
being exceeded. The ACTs established for each management area shall be 
the basis for setting management measures (DAS and trip limits), after 
accounting for incidental catch in non-directed fisheries and discards 
in all fisheries.
    (2) ACL overages and adjustments-- (i) Council action. The Councils 
shall revise the ACT for a monkfish stock if it is determined that the 
ACL was exceeded in any given year, based upon, but not limited to, 
available landings and discard information. The amount of an ACL overage 
shall be deducted from the ACT for the corresponding monkfish stock on a 
pound-for-pound basis. The revised ACT and corresponding management 
measures (DAS and trip limits) shall be implemented through either the 
annual or in-season framework adjustment process, specified in 
paragraphs (a) and (b) of this section, in the second fishing year 
following the fishing year in which the ACL overage occurred.
    (ii) NMFS action. If the Councils fail to take appropriate action to 
correct an ACL overage consistent with paragraph (d)(1)(i) of this 
section, the Regional Administrator shall implement the required 
adjustment, as described in paragraph (d)(2)(i) of this section, 
including the specification of DAS and trip limits using a formulaic 
approach developed by the PDT, in accordance with the Administrative 
Procedure Act and other applicable law. Notification of the proposed ACL 
revision and DAS and/or trip limit adjustments shall be published in the 
Federal Register no later than January 1, if possible, for 
implementation on May 1 of the second fishing year following the fishing 
year in which the ACL overage occurred.
    (e) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.

[76 FR 30274, May 25, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 80 
FR 37196, June 30, 2015]



Sec. 648.97  Closed areas.

    (a) Oceanographer Canyon Closed Area. No fishing vessel or person on 
a fishing vessel may enter, fish, or be in the area known as 
Oceanographer Canyon Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the order stated, 
while on a monkfish DAS:

                    Oceanographer Canyon Closed Area
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
(1) OC1                                          40 deg.10'   68 deg.12'
(2) OC2                                          40 deg.24'   68 deg.09'
(3) OC3                                          40 deg.24'   68 deg.08'
(4) OC4                                          40 deg.10'   67 deg.59'
(5) OC1                                          40 deg.10'   68 deg.12'
------------------------------------------------------------------------

    (b) Lydonia Canyon Closed Area. No fishing vessel or person on a 
fishing vessel may enter, fish, or be in the area known as Lydonia 
Canyon Closed Area (copies of a chart depicting this area are available 
from the Regional Administrator upon request), as defined by straight 
lines connecting the following points in the order stated, while on a 
monkfish DAS:

[[Page 865]]



                       Lyndonia Canyon Closed Area
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
(1) LC1                                          40 deg.16'   67 deg.34'
(2) LC2                                          40 deg.16'   67 deg.42'
(3) LC3                                          40 deg.20'   67 deg.43'
(4) LC4                                          40 deg.27'   67 deg.40'
(5) LC5                                         40 deg. 27'   67 deg.38'
(6) LC1                                          40 deg.16'   67 deg.34'
------------------------------------------------------------------------


[70 FR 21946, Apr. 28, 2005]



     Subpart G_Management Measures for the Summer Flounder Fisheries



Sec. 648.100  Summer flounder Annual Catch Limit (ACL).

    (a) The Summer Flounder Monitoring Committee shall recommend to the 
MAFMC separate ACLs for the commercial and recreational summer flounder 
fisheries, the sum total of which shall be equal to the ABC recommended 
by the SSC.
    (1) Sector allocations. The commercial and recreational fishing 
sector ACLs will be established consistent with the allocation 
guidelines contained in the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan (FMP).
    (2) Periodicity. The summer flounder commercial and recreational 
sector 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 Summer Flounder Monitoring Committee 
shall conduct a detailed review of fishery performance relative to the 
sector ACLs at least every 5 years.
    (1) If one or both of the sector-specific ACLs is exceeded with a 
frequency greater than 25 percent (i.e., more than once in 4 years or 
any 2 consecutive years), the Summer Flounder Monitoring Committee will 
review fishery performance information and make recommendations to the 
MAFMC for changes in measures intended to ensure ACLs are 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 the summer flounder stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs have been exceeded but may be 
conducted in conjunction with such reviews.

[76 FR 60626, Sept. 29, 2011]



Sec. 648.101  Summer flounder Annual Catch Target (ACT).

    (a) The Summer Flounder 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 
summer flounder specification process. The Summer Flounder 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 Summer Flounder 
Monitoring Committee shall recommend any reduction in catch necessary to 
address sector-specific 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 Summer Flounder Monitoring Committee 
shall conduct a detailed review of fishery performance relative to ACTs 
in conjunction with any ACL performance review, as outlined in Sec. 
648.100(b)(1) through (3).

[76 FR 60626, Sept. 29, 2011]



Sec. 648.102  Summer flounder specifications.

    (a) Commercial quota, recreational landing limits, research set-
asides, and other specification measures. The Summer Flounder Monitoring 
Committee shall recommend to the MAFMC, through the specifications 
process, for use in conjunction with each ACL and ACT, a sector-specific 
research set-

[[Page 866]]

aside, estimates of sector-related discards, recreational harvest limit, 
and commercial quota, along with other measures, as needed, that are 
projected to ensure the sector-specific ACL for an upcoming fishing year 
or years will not be exceeded. The measures to be considered by the 
Summer Flounder Monitoring Committee are:
    (1) Research quota set from a range of 0 to 3 percent of the 
allowable landings level for both the commercial and recreational 
sectors.
    (2) Commercial minimum fish size.
    (3) Minimum mesh size.
    (4) Restrictions on gear other than otter trawls.
    (5) Adjustments to the exempted area boundary and season specified 
in Sec. 648.108(b)(1) by 30-minute intervals of latitude and longitude 
and 2-week intervals, respectively, based on data reviewed by Summer 
Flounder Monitoring Committee during the specification process, to 
prevent discarding of sublegal sized summer flounder in excess of 10 
percent, by weight.
    (6) Recreational possession limit set from a range of 0 to 15 summer 
flounder to achieve the recreational harvest limit, set after reductions 
for research quota.
    (7) Recreational minimum fish size.
    (8) Recreational season.
    (9) Recreational state conservation equivalent and precautionary 
default measures utilizing possession limits, minimum fish sizes, and/or 
seasons set after reductions for research quota.
    (10) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs.
    (11) Modification of existing AM measures and ACT control rules 
utilized by the Summer Flounder Monitoring Committee.
    (b) Specification fishing measures. The Demersal Species Committee 
shall review the recommendations of the Summer Flounder Monitoring 
Committee. Based on these recommendations and any public comment, the 
Demersal Species Committee shall recommend to the MAFMC measures 
necessary that are projected to ensure the sector-specific ACLs for an 
upcoming fishing year or years will not be exceeded. The MAFMC shall 
review these recommendations and, based on the recommendations and any 
public comment, recommend to the Regional Administrator measures that 
are projected to ensure the sector-specific ACL for an upcoming fishing 
year or years will not be exceeded. The MAFMC's recommendations must 
include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The Regional 
Administrator shall review these recommendations and any recommendations 
of the ASMFC.
    (c) After such review, the Regional Administrator will publish a 
proposed rule in the Federal Register to implement a coastwide 
commercial quota, a recreational harvest limit, research set-aside, 
adjustments to ACL or ACT resulting from AMs, and additional management 
measures for the commercial fishery. After considering public comment, 
NMFS will publish a final rule in the Federal Register.
    (1) Distribution of annual commercial quota. (i) The annual 
commercial quota will be distributed to the states, based upon the 
following percentages; state followed by percent share in parenthesis: 
Maine (0.04756); New Hampshire (0.00046); Massachusetts (6.82046); Rhode 
Island (15.68298); Connecticut (2.25708); New York (7.64699); New Jersey 
(16.72499); Delaware (0.01779); Maryland (2.03910); Virginia (21.31676); 
North Carolina (27.44584).
    (ii) [Reserved]
    (2) Quota transfers and combinations. Any state implementing a state 
commercial quota for summer flounder may request approval from the 
Regional Administrator to transfer part or its entire annual quota to 
one or more states. Two or more states implementing a state commercial 
quota for summer flounder may request approval from the Regional 
Administrator to combine their quotas, or part of their quotas, into an 
overall regional quota. Requests for transfer or combination of 
commercial quotas for summer flounder must be made by individual or 
joint

[[Page 867]]

letter(s) signed by the principal state official with marine fishery 
management responsibility and expertise, or his/her previously named 
designee, for each state involved. The letter(s) must certify that all 
pertinent state requirements have been met and identify the states 
involved and the amount of quota to be transferred or combined.
    (i) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator shall consider whether:
    (A) The transfer or combination would preclude the overall annual 
quota from being fully harvested;
    (B) The transfer addresses an unforeseen variation or contingency in 
the fishery; and
    (C) The transfer is consistent with the objectives of the FMP and 
the Magnuson-Stevens Act.
    (ii) The transfer of quota or the combination of quotas will be 
valid only for the calendar year for which the request was made;
    (iii) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Administrator. A state may submit a new request when it receives notice 
that the Regional Administrator has disapproved the previous request or 
when notice of the approval of the transfer or combination has been 
filed at the Office of the Federal Register.
    (iv) If there is a quota overage among states involved in the 
combination of quotas at the end of the fishing year, the overage will 
be deducted from the following year's quota for each of the states 
involved in the combined quota. The deduction will be proportional, 
based on each state's relative share of the combined quota for the 
previous year. A transfer of quota or combination of quotas does not 
alter any state's percentage share of the overall quota specified in 
paragraph (d)(1)(i) of this section.
    (d) Recreational specification measures. The Demersal Species 
Committee shall review the recommendations of the Summer Flounder 
Monitoring Committee. Based on these recommendations and any public 
comment, the Demersal Species Committee shall recommend to the MAFMC and 
ASMFC measures that are projected to ensure the sector-specific ACL for 
an upcoming fishing year or years will not be exceeded. The MAFMC shall 
review these recommendations and, based on the recommendations and any 
public comment, recommend to the Regional Administrator measures that 
are projected to ensure the sector-specific ACL for an upcoming fishing 
year or years will not be exceeded. The MAFMC's recommendations must 
include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The MAFMC and 
the ASMFC will recommend that the Regional Administrator implement 
either:
    (1) Coastwide measures. Annual coastwide management measures that 
constrain the recreational summer flounder fishery to the recreational 
harvest limit, or
    (2) Conservation equivalent measures. Individual states, or regions 
formed voluntarily by adjacent states (i.e., multi-state conservation 
equivalency regions), may implement different combinations of minimum 
fish sizes, possession limits, and closed seasons that achieve 
equivalent conservation as the coastwide measures established under 
paragraph (e)(1) of this section. Each state or multi-state conservation 
equivalency region may implement measures by mode or area only if the 
proportional standard error of recreational landing estimates by mode or 
area for that state is less than 30 percent.
    (i) After review of the recommendations, the Regional Administrator 
will publish a proposed rule in the Federal Register as soon as possible 
to implement the overall percent adjustment in recreational landings 
required for the fishing year, and the ASMFC's recommendation concerning 
conservation equivalency, the precautionary default measures, and 
coastwide measures.
    (ii) The ASMFC will review conservation equivalency proposals and 
determine whether or not they achieve the

[[Page 868]]

necessary adjustment to recreational landings. The ASMFC will provide 
the Regional Administrator with the individual state and/or multi-state 
region conservation measures for the approved state and/or multi-state 
region proposals and, in the case of disapproved state and/or multi-
state region proposals, the precautionary default measures.
    (iii) The ASMFC may allow states assigned the precautionary default 
measures to resubmit revised management measures. The ASMFC will detail 
the procedures by which the state can develop alternate measures. The 
ASMFC will notify the Regional Administrator of any resubmitted state 
proposals approved subsequent to publication of the final rule and the 
Regional Administrator will publish a notice in the Federal Register to 
notify the public.
    (iv) After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement either 
the state specific conservation equivalency measures or coastwide 
measures to ensure that the applicable specified target is not exceeded.
    (e) Research quota. See Sec. 648.22(g).

[76 FR 60626, Sept. 29, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 
80 FR 37196, June 30, 2015]



Sec. 648.103  Summer flounder accountability measures.

    (a) Commercial sector EEZ closure. The Regional Administrator shall 
close the EEZ to fishing for summer flounder by commercial vessels for 
the remainder of the calendar year by publishing notification in the 
Federal Register if he/she determines that the inaction of one or more 
states will cause the commercial sector ACL to be exceeded, or if the 
commercial fisheries in all states have been closed. The Regional 
Administrator 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 sector ACL to be exceeded.
    (b) 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. The Regional Administrator 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 summer flounder in that state.
    (1) Commercial ACL overage evaluation. The commercial sector ACL 
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 commercial sector ACL has been exceeded.
    (2) Commercial landings overage repayment. All summer flounder 
landed for sale in a state shall be applied against that state's annual 
commercial quota, regardless of where the summer flounder were 
harvested. Any landings in excess of the commercial quota in any state, 
inclusive of any state-to-state transfers, will be deducted from that 
state's annual quota for the following year in the final rule that 
establishes the annual state-by-state quotas, irrespective of whether 
the commercial sector ACL is exceeded. The overage deduction will be 
based on landings for the current year through October 31 and on 
landings for the previous calendar year that were not included when the 
overage deduction was made in the final rule that established the annual 
quota for the current year. If the Regional Administrator determines 
during the fishing year that any part of an overage deduction was based 
on erroneous landings data that were in excess of actual landings for 
the period concerned, he/she will restore the overage that was deducted 
in error to the appropriate quota allocation. The Regional Administrator 
will publish notification in the Federal Register announcing such 
restoration.
    (3) Non-landing accountability measure. In the event that the 
commercial ACL is exceeded and that 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

[[Page 869]]

applicable subsequent single fishing year commercial ACL.
    (c) Recreational ACL Evaluation. The recreational sector ACL will be 
evaluated based on a 3-year moving average comparison of total catch 
(landings and dead discards). Both landings and dead discards will be 
evaluated in determining if the 3-year average recreational sector ACL 
has been exceeded. The 3-year moving average will be phased in over the 
first 3 years, beginning with 2012: Total recreational catch from 2012 
will be compared to the 2012 recreational sector ACL; the average total 
catch from both 2012 and 2013 will be compared to the average of the 
2012 and 2013 recreational sector ACLs; the average total catch from 
2012, 2013, and 2014 will be compared to the average of the 2012, 2013, 
and 2014 recreational sector ACLs; and for all subsequent years, the 
preceding 3-year average recreational total catch will be compared to 
the preceding 3-year average recreational sector ACL.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold (i.e., 
B/BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the recreational ACL has been exceeded, then the exact 
amount, in pounds, by which the most recent year's recreational catch 
estimate exceeded the most recent year's recreational ACL will be 
deducted, in the following fishing year, or as soon as possible, 
thereafter, once catch data are available, from the recreational ACT, as 
a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and the 
stock is not under rebuilding. If the most recent estimate of biomass is 
above the biomass threshold (B/BMSY is greater than 0.5), but 
below the biomass target (B/BMSY is less than 1.0), and the 
stock is not under a rebuilding plan, then the following AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the recreational ACT will be made, in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in paragraph 
(d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate 
of biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, or 
as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of

[[Page 870]]

this action shall be to achieve alignment through consistent state and 
Federal measures such that no differential effects occur on Federal 
permit holders.

[76 FR 60628, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013]



Sec. 648.104  Summer flounder minimum fish sizes.

    (a) Moratorium (commercial) permitted vessels. The minimum size for 
summer flounder is 14 inches (35.6 cm) TL for all vessels issued a 
moratorium permit under Sec. 648.4(a)(3), except on board party and 
charter boats carrying passengers for hire or carrying more than three 
crew members, if a charter boat, or more than five crew members, if a 
party boat.
    (b) Party/charter permitted vessels and recreational fishery 
participants. Unless otherwise specified pursuant to Sec. 648.107, the 
minimum size for summer flounder is 18 inches (45.7 cm) TL for all 
vessels that do not qualify for a moratorium permit under Sec. 
648.4(a)(3), and charter boats holding a moratorium permit if fishing 
with more than three crew members, or party boats holding a moratorium 
permit if fishing with passengers for hire or carrying more than five 
crew members.
    (c) The minimum sizes in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets, except that party and 
charter vessels possessing valid state permits authorizing filleting at 
sea may possess fillets smaller than the size specified if all state 
requirements are met.

[76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013]



Sec. 648.105  Summer flounder recreational fishing season.

    Unless otherwise specified pursuant to Sec. 648.107, vessels that 
are not eligible for a moratorium permit under Sec. 648.4(a)(3), and 
fishermen subject to the possession limit, may fish for summer flounder 
from May 1 through September 30. This time period may be adjusted 
pursuant to the procedures in Sec. 648.102.

[76 FR 60629, Sept. 29, 2011]



Sec. 648.106  Summer flounder possession restrictions.

    (a) Party/charter and recreational possession limits. Unless 
otherwise specified pursuant to Sec. 648.107, no person shall possess 
more than four summer flounder in, or harvested from, the EEZ, per trip 
unless that person is the owner or operator of a fishing vessel issued a 
summer flounder moratorium permit, or is issued a summer flounder dealer 
permit. Persons aboard a commercial vessel that is not eligible for a 
summer flounder moratorium permit are subject to this possession limit. 
The owner, operator, and crew of a charter or party boat issued a summer 
flounder moratorium permit are subject to the possession limit when 
carrying passengers for hire or when carrying more than five crew 
members for a party boat, or more than three crew members for a charter 
boat. This possession limit may be adjusted pursuant to the procedures 
in Sec. 648.102.
    (b) If whole summer flounder are processed into fillets, the number 
of fillets will be converted to whole summer flounder at the place of 
landing by dividing the fillet number by two. If summer flounder are 
filleted into single (butterfly) fillets, each fillet is deemed to be 
from one whole summer flounder.
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of summer flounder on board by the number of persons 
on board, other than the captain and the crew. If there is a violation 
of the possession limit on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner and 
operator of the vessel.
    (d) Commercially permitted vessel possession limits. Owners and 
operators of otter trawl vessels issued a permit under Sec. 648.4(a)(3) 
that fish with or possess nets or pieces of net on board that do not 
meet the minimum mesh requirements and that are not stowed in accordance 
with Sec. 648.108(e), may not

[[Page 871]]

retain 100 lb (45.4 kg) or more of summer flounder from May 1 through 
October 31, or 200 lb (90.7 kg) or more of summer flounder from November 
1 through April 30, unless the vessel possesses a valid summer flounder 
small-mesh exemption LOA and is fishing in the exemption area as 
specified in Sec. 648.108(b). Summer flounder on board these vessels 
must be stored so as to be readily available for inspection in standard 
100-lb (45.3-kg) totes or fish boxes having a liquid capacity of 18.2 
gal (70 L), or a volume of not more than 4,320 in\3\ (2.5 ft\3\ or 70.79 
cm\3\).

[76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013; 
80 FR 35258, June 19, 2015]



Sec. 648.107  Conservation equivalent measures for the summer flounder
fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2016 are the conservation equivalent of the 
season, minimum size, and possession limit prescribed in Sec. Sec. 
648.102, 648.103, and 648.105(a), respectively. This determination is 
based on a recommendation from the Summer Flounder Board of the Atlantic 
States Marine Fisheries Commission.
    (1) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels harvesting 
summer flounder in or from the EEZ and subject to the recreational 
fishing measures of this part, landing summer flounder in a state whose 
fishery management measures are determined by the Regional Administrator 
to be conservation equivalent shall not be subject to the more 
restrictive Federal measures, pursuant to the provisions of Sec. 
648.4(b). Those vessels shall be subject to the recreational fishing 
measures implemented by the state in which they land.
    (2) [Reserved]
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels registered 
in states and subject to the recreational fishing measures of this part, 
whose fishery management measures are not determined by the Regional 
Administrator to be the conservation equivalent of the season, minimum 
size and possession limit prescribed in Sec. Sec. 648.102, 648.103(b), 
and 648.105(a), respectively, due to the lack of, or the reversal of, a 
conservation equivalent recommendation from the Summer Flounder Board of 
the Atlantic States Marine Fisheries Commission shall be subject to the 
following precautionary default measures: Season--May 1 through 
September 30; minimum size--20 inches (50.8 cm); and possession limit--
two fish.

[79 FR 38264, July 7, 2014, as amended at 80 FR 35258, June 19, 2015; 81 
FR 51378, Aug. 4, 2016]



Sec. 648.108  Summer flounder gear restrictions.

    (a) General. (1) Otter trawlers whose owners are issued a summer 
flounder permit and that land or possess 100 lb (45.4 kg) or more of 
summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or 
more of summer flounder from November 1 through April 30, per trip, must 
fish with nets that have a minimum mesh size of 5.5-inch (14.0-cm) 
diamond or 6.0-inch (15.2-cm) square mesh applied throughout the body, 
extension(s), and codend portion of the net, except as required in a TED 
extension, in accordance with Sec. 223.206(d)(2)(iii) of this title.
    (2) Mesh size is measured by using a wedge-shaped gauge having a 
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 
2.3 mm (0.09 inches), inserted into the meshes under a pressure or pull 
of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and 
under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater 
than, 120 mm (4.72 inches). The mesh size is the average of the 
measurements of any series of 20 consecutive meshes for nets having 75 
or more meshes, and 10 consecutive meshes for nets having fewer than 75 
meshes. The mesh in the regulated portion of the net is measured at 
least five meshes away from the lacings, running parallel to the long 
axis of the net.
    (b) Exemptions. Unless otherwise restricted by this part, the 
minimum mesh-size requirements specified in

[[Page 872]]

paragraph (a)(1) of this section do not apply to:
    (1) Vessels issued a summer flounder moratorium permit, a Summer 
Flounder Small-Mesh Exemption Area letter of authorization (LOA), 
required under paragraph (b)(1)(i) of this section, and fishing from 
November 1 through April 30 in the exemption area, which is east of the 
line that follows 72 deg.30.0' W. long. until it intersects the outer 
boundary of the EEZ (copies of a map depicting the area are available 
upon request from the Regional Administrator). Vessels fishing under the 
LOA shall not fish west of the line. Vessels issued a permit under Sec. 
648.4(a)(3)(iii) may transit the area west or south of the line, if the 
vessel's fishing gear is stowed in a manner prescribed under Sec. 
648.108(e), so that it is not ``available for immediate use'' outside 
the exempted area. The Regional Administrator may terminate this 
exemption if he/she determines, after a review of sea sampling data, 
that vessels fishing under the exemption are discarding more than 10 
percent, by weight, of their entire catch of summer flounder per trip. 
If the Regional Administrator makes such a determination, he/she shall 
publish notification in the Federal Register terminating the exemption 
for the remainder of the exemption season.
    (i) Requirements. (A) A vessel fishing in the Summer Flounder Small-
Mesh Exemption Area under this exemption must have on board a valid LOA 
issued by the Regional Administrator.
    (B) The vessel must be in enrolled in the exemption program for a 
minimum of 7 days.
    (ii) [Reserved]
    (2) Vessels fishing with a two-seam otter trawl fly net with the 
following configuration, provided that no other nets or netting with 
mesh smaller than 5.5 inches (14.0 cm) are on board:
    (i) The net has large mesh in the wings that measures 8 inches (20.3 
cm) to 64 inches (162.6 cm).
    (ii) The first body section (belly) of the net has 35 or more meshes 
that are at least 8 inches (20.3 cm).
    (iii) The mesh decreases in size throughout the body of the net to 2 
inches (5 cm) or smaller towards the terminus of the net.
    (iv) The Regional Administrator may terminate this exemption if he/
she determines, after a review of sea sampling data, that vessels 
fishing under the exemption, on average, are discarding more than 1 
percent of their entire catch of summer flounder per trip. If the 
Regional Administrator makes such a determination, he/she shall publish 
notification in the Federal Register terminating the exemption for the 
remainder of the calendar year.
    (c) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net; except that, one splitting strap and 
one bull rope (if present) consisting of line or rope no more than 3 
inches (7.2 cm) in diameter may be used if such splitting strap and/or 
bull rope does not constrict, in any manner, the top of the regulated 
portion of the net, and one rope no greater than 0.75 inches (1.9 cm) in 
diameter extending the length of the net from the belly to the terminus 
of the codend along the top, bottom, and each side of the net. ``Top of 
the regulated portion of the net'' means the 50 percent of the entire 
regulated portion of the net that (in a hypothetical situation) will not 
be in contact with the ocean bottom during a tow if the regulated 
portion of the net were laid flat on the ocean floor. For the purpose of 
this paragraph (c), head ropes shall not be considered part of the top 
of the regulated portion of a trawl net. A vessel shall not use any 
means or mesh configuration on the top of the regulated portion of the 
net, as defined paragraph (c) of this section, if it obstructs the 
meshes of the net or otherwise causes the size of the meshes of the net 
while in use to diminish to a size smaller than the minimum specified in 
paragraph (a) of this section.
    (d) Mesh obstruction or constriction. (1) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (c) of this section, that 
obstructs the meshes of the net in any manner.

[[Page 873]]

    (2) No person on any vessel may possess or fish with a net capable 
of catching summer flounder in which the bars entering or exiting the 
knots twist around each other.
    (e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg) 
or more of summer flounder from May 1 through October 31, or 200 lb 
(90.6 kg) or more of summer flounder from November 1 through April 30, 
and subject to the minimum mesh size requirement of paragraph (a)(1) of 
this section may not have ``available for immediate use'' any net or any 
piece of net that does not meet the minimum mesh size requirement, or 
any net, or any piece of net, with mesh that is rigged in a manner that 
is inconsistent with the minimum mesh size requirement. Nets must be 
stowed and not available for immediate use as defined in Sec. 648.2.
    (f) The minimum net mesh requirement may apply to any portion of the 
net. The minimum mesh size and the portion of the net regulated by the 
minimum mesh size may be adjusted pursuant to the procedures in Sec. 
648.102.

[76 FR 60629, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014; 
81 FR 51378, Aug. 4, 2016]



Sec. 648.109  Sea turtle conservation.

    Sea turtle regulations are found at 50 CFR parts 222 and 223.

[76 FR 60630, Sept. 29, 2011]



Sec. 648.110  Summer flounder framework adjustments to management
measures.

    (a) Within season management action. The MAFMC may, at any time, 
initiate action to add or adjust management measures within the Summer 
Flounder, Scup, and Black Sea Bass FMP if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
FMP.
    (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; minimum fish size; maximum fish size; gear 
restrictions; gear requirements or prohibitions; permitting 
restrictions; recreational possession limit; recreational seasons; 
closed areas; commercial seasons; commercial trip limits; commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch; recreational harvest 
limit; specification quota setting process; FMP Monitoring Committee 
composition and process; description and identification of essential 
fish habitat (and fishing gear management measures that impact EFH); 
description and identification of habitat areas of particular concern; 
regional gear restrictions; regional season restrictions (including 
option to split seasons); restrictions on vessel size (LOA and GRT) or 
shaft horsepower; operator permits; 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; any other commercial or recreational 
management measures; any other management measures currently included in 
the FMP; and set aside quota for scientific research. 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

[[Page 874]]

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 the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the MAFMC's recommendation includes adjustments 
or additions to management measures and, if after reviewing the MAFMC's 
recommendation and supporting information:
    (i) NMFS concurs with the MAFMC's recommended management measures 
and determines that the recommended management measures should be issued 
as a final rule based on the factors in paragraph (a)(2) of this 
section, the measures will be issued as a final rule in the Federal 
Register.
    (ii) If NMFS concurs with the MAFMC's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the MAFMC recommendation, the measures 
will be published as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the MAFMC will be notified in writing 
of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[76 FR 60630, Sept. 29, 2011, as amended at 76 FR 1849, Dec.. 29, 2011; 
80 FR 37196, June 30, 2015]



           Subpart H_Management Measures for the Scup Fishery

    Source: 61 FR 43426, Aug. 23, 1996, unless otherwise noted.



Sec. 648.120  Scup Annual Catch Limit (ACL).

    (a) The Scup Monitoring Committee shall recommend to the MAFMC 
separate ACLs for the commercial and recreational scup fisheries, the 
sum total of which shall be equal to the ABC recommended by the SSC.
    (1) Sector allocations. The commercial and recreational fishing 
sector ACLs will be established consistent with the allocation 
guidelines contained in the Summer Flounder, Scup, and Black Sea Bass 
FMP.
    (2) Periodicity. The scup commercial and recreational sector 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 Scup Monitoring Committee shall conduct 
a detailed review of fishery performance relative to the sector ACLs at 
least every 5 years.
    (1) If one or both of the sector-specific ACLs is exceeded with a 
frequency greater than 25 percent (i.e., more than once in 4 years or 
any 2 consecutive years), the Scup 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 the scup stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs

[[Page 875]]

have been exceeded but may be conducted in conjunction with such 
reviews.

[76 FR 60631, Sept. 29, 2011]



Sec. 648.121  Scup Annual Catch Target (ACT).

    (a) The Scup 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 scup 
specification process. The Scup 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 Scup Monitoring Committee 
shall recommend any reduction in catch necessary to address sector-
specific 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 Scup Monitoring Committee shall conduct 
a detailed review of fishery performance relative to ACTs in conjunction 
with any ACL performance review, as outlined in Sec. 648.120(b)(1) 
through (3).

[76 FR 60631, Sept. 29, 2011]



Sec. 648.122  Scup specifications.

    (a) Commercial quota, recreational landing limits, research set-
asides, and other specification measures. The Scup Monitoring Committee 
shall recommend to the Demersal Species Committee of the MAFMC and the 
ASMFC through the specifications process, for use in conjunction with 
each ACL and ACT, a sector specific research set-aside, estimates of 
sector-related discards, recreational harvest limit, and commercial 
quota, along with other measures, as needed, that are projected to 
ensure the sector-specific ACL for an upcoming fishing year or years 
will not be exceeded. The measures to be considered by the Scup 
Monitoring Committee are as follows:
    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed to achieve the specified exploitation rate.
    (2) The commercial quota for each of the three periods specified in 
paragraph (c)(1) of this section for research quota.
    (3) Possession limits for the Winter I and Winter II periods, 
including possession limits that result from potential rollover of quota 
from Winter I to Winter II. The possession limit is the maximum quantity 
of scup that is allowed to be landed within a 24-hour period (calendar 
day).
    (4) Percent of landings attained at which the landing limit for the 
Winter I period will be reduced.
    (5) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that period, 
regardless of where the scup were harvested, except as provided in 
paragraph (c)(5) of this section.
    (6) Minimum mesh size.
    (7) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the recreational harvest limit, set after the reduction for 
research quota.
    (8) Recreational minimum fish size.
    (9) Recreational season.
    (10) Restrictions on gear.
    (11) Season and area closures in the commercial fishery.
    (12) Total allowable landings on an annual basis for a period not to 
exceed 3 years.
    (13) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs.
    (14) Modification of existing AM measures and ACT control rules 
utilized by the Scup Monitoring Committee.
    (b) Specification of fishing measures. The Demersal Species 
Committee shall review the recommendations of the Scup Monitoring 
Committee. Based on

[[Page 876]]

these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to assure that 
the specified ACLs will not be exceeded. The MAFMC's recommendation must 
include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The Regional 
Administrator shall review these recommendations and any recommendations 
of the ASMFC. After such review, NMFS will publish a proposed rule in 
the Federal Register to implement a commercial quota, specifying the 
amount of quota allocated to each of the three periods, possession 
limits for the Winter I and Winter II periods, including possession 
limits that result from potential rollover of quota from Winter I to 
Winter II, the percentage of landings attained during the Winter I 
fishery at which the possession limits will be reduced, a recreational 
harvest limit, and additional management measures for the commercial 
fishery. If the Regional Administrator determines that additional 
recreational measures are necessary to ensure that the sector ACL will 
not be exceeded, he or she will publish a proposed rule in the Federal 
Register to implement additional management measures for the 
recreational fishery. After considering public comment, the Regional 
Administrator will publish a final rule in the Federal Register to 
implement annual measures.
    (c) Distribution of commercial quota. (1) The annual commercial 
quota will be allocated into three periods, based on the following 
percentages:

------------------------------------------------------------------------
                            Period                               Percent
------------------------------------------------------------------------
Winter I--January-April.......................................     45.11
Summer--May-October...........................................     38.95
Winter II--November-December..................................     15.94
------------------------------------------------------------------------

    (2) The commercial quotas for each period will each be distributed 
to the coastal states from Maine through North Carolina on a coastwide 
basis.
    (d) Winter I and II commercial quota adjustment procedures. The 
Regional Administrator will monitor the harvest of commercial quota for 
the Winter I period based on dealer reports, state data, and other 
available information and shall determine the total amount of scup 
landed during the Winter I period. In any year that the Regional 
Administrator determines that the landings of scup during Winter I are 
less than the Winter I quota for that year, he/she shall increase, 
through publication of a notification in the Federal Register, provided 
such rule complies with the requirements of the Administrative Procedure 
Act, the Winter II quota for that year by the amount of the Winter I 
under-harvest. The Regional Administrator shall also adjust, through 
publication of a notification in the Federal Register, the Winter II 
possession limits consistent with the amount of the quota increase, 
based on the possession limits established through the annual 
specifications-setting process.
    (e) Research quota. See Sec. 648.21(g).

[76 FR 60631, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37196, June 30, 2015]



Sec. 648.123  Scup accountability measures.

    (a) Commercial sector period closures. The Regional Administrator 
will monitor the harvest of commercial quota for each quota period based 
on dealer reports, state data, and other available information and shall 
determine the date when the commercial quota for a period will be 
harvested. NMFS shall close the EEZ to fishing for scup by commercial 
vessels for the remainder of the indicated period by publishing 
notification in the Federal Register advising that, effective upon a 
specific date, the commercial quota for that period has been harvested, 
and notifying vessel and dealer permit holders that no commercial quota 
is available for landing scup for the remainder of the period.
    (1) Commercial ACL overage evaluation. The commercial sector ACL 
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 commercial sector ACL has been exceeded.
    (2) Commercial landings overage repayment by quota period. (i) All 
scup landed for sale in any state during a quota period shall be applied 
against the coastwide commercial quota for that

[[Page 877]]

period, regardless of where the scup were harvested, except as provided 
in paragraph (a)(2)(iv) of this section, and irrespective of whether the 
commercial sector ACL is exceeded. Any current year landings in excess 
of the commercial quota in any quota period will be deducted from that 
quota period's annual quota in the following year as prescribed in 
paragraphs (a)(2)(ii) through (iii) of this section:
    (ii) For the Winter I and Summer quota periods, landings in excess 
of the allocation will be deducted from the appropriate quota period for 
the following year in the final rule that establishes the annual quota. 
The overage deduction will be based on landings for the current year 
through October 31 and on landings for the previous calendar year that 
were not included when the overage deduction was made in the final rule 
that established the period quotas for the current year. If the Regional 
Administrator determines during the fishing year that any part of an 
overage deduction was based on erroneous landings data that were in 
excess of actual landings for the period concerned, he/she will restore 
the overage that was deducted in error to the appropriate quota 
allocation. The Regional Administrator will publish notification in the 
Federal Register announcing the restoration.
    (iii) For the Winter II quota period, landings in excess of the 
allocation will be deducted from the Winter II period for the following 
year through notification in the Federal Register during July of the 
following year. The overage deduction will be based on landings 
information available for the Winter II period as of June 30 of the 
following year. If the Regional Administrator determines during the 
fishing year that any part of an overage deduction was based on 
erroneous landings data that were in excess of actual landings for the 
period concerned, he/she will restore the overage that was deducted in 
error to the appropriate quota allocation. The Regional Administrator 
will publish notification in the Federal Register announcing the 
restoration.
    (iv) During a fishing year in which the Winter I quota period is 
closed prior to April 15, a state may apply to the Regional 
Administrator for authorization to count scup landed for sale in that 
state from April 15 through April 30 by state-only permitted vessels 
fishing exclusively in waters under the jurisdiction of that state 
against the Summer period quota. Requests to the Regional Administrator 
to count scup landings in a state from April 15 through April 30 against 
the Summer period quota must be made by letter signed by the principal 
state official with marine fishery management responsibility and 
expertise, or his/her designee, and must be received by the Regional 
Administrator no later than April 15. Within 10 working days following 
receipt of the letter, the Regional Administrator shall notify the 
appropriate state official of the disposition of the request.
    (b) Non-landing accountability measure. 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.
    (c) Recreational ACL. The recreational sector ACL will be evaluated 
based on a 3-year moving average comparison of total catch (landings and 
dead discards). Both landings and dead discards will be evaluated in 
determining if the 3-year average recreational sector ACL has been 
exceeded. The 3-year moving average will be phased in over the first 3 
years, beginning with 2012: Total recreational total catch from 2012 
will be compared to the 2012 recreational sector ACL; the average total 
catch from both 2012 and 2013 will be compared to the average of the 
2012 and 2013 recreational sector ACLs; the average total catch from 
2012, 2013, and 2014 will be compared to the average of 2012, 2013, and 
2014 recreational sector ACLs; and for all subsequent years, the 
preceding 3-year average recreational total catch will be compared to 
the preceding 3-year average recreational sector ACL.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:

[[Page 878]]

    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold (i.e., 
B/BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the recreational ACL has been exceeded, then the exact 
amount, in pounds, by which the most recent year's recreational catch 
estimate exceeded the most recent year's recreational ACL will be 
deducted in the following fishing year, or as soon as possible, 
thereafter, once catch data are available, from the recreational ACT, as 
a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and the 
stock is not under rebuilding. If the most recent estimate of biomass is 
above the biomass threshold (B/BMSY is greater than 0.5), but 
below the biomass target (B/BMSY is less than 1.0), and the 
stock is not under a rebuilding plan, then the following AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single year adjustment to the recreational ACT will be made, in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in paragraph 
(d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of biomass 
is above BMSY (i.e., B/BMSY is greater than 1.0), 
then adjustments to the recreational management measures, taking into 
account the performance of the measures and conditions that precipitated 
the overage, will be made in the following fishing year, or as soon as 
possible thereafter, once catch data are available, as a single-year 
adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of this action shall be to achieve alignment through 
consistent state and Federal measures such that no differential effects 
occur on Federal permit holders.

[76 FR 60632, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013]



Sec. 648.124  Scup commercial season and commercial fishery area 
restrictions.

    (a) Southern Gear Restricted Area--(1) Restrictions. From January 1 
through March 15, all trawl vessels in the Southern Gear Restricted Area 
that fish for or possess non-exempt species as specified in paragraph 
(a)(2) of this section must fish with nets that have a minimum mesh size 
of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net. For trawl 
nets with codends (including an extension) of fewer than 75 meshes, the 
entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) 
throughout the net. The Southern Gear Restricted Area is an area bounded 
by straight lines connecting the following points in the order stated 
(copies of a chart depicting the area are

[[Page 879]]

available from the Regional Administrator upon request):

                      Southern Gear Restricted Area
------------------------------------------------------------------------
               Point                     N. lat.            W. long.
------------------------------------------------------------------------
SGA1..............................  39 deg.20'         72 deg.53'
SGA2..............................  39 deg.20'         72 deg.28'
SGA3..............................  38 deg.00'         73 deg.58'
SGA4..............................  37 deg.00'         74 deg.43'
SGA5..............................  36 deg.30'         74 deg.43'
SGA6..............................  36 deg.30'         75 deg.03'
SGA7..............................  37 deg.00'         75 deg.03'
SGA8..............................  38 deg.00'         74 deg.23'
SGA1..............................  39 deg.20'         72 deg.53'
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (a)(1) of this 
section apply only to vessels in the Southern Gear Restricted Area that 
are fishing for or in possession of the following non-exempt species: 
Longfin squid; black sea bass; and silver hake (whiting).
    (b) Northern Gear Restricted Area 1--(1) Restrictions. From November 
1 through December 31, all trawl vessels in the Northern Gear Restricted 
Area 1 that fish for or possess non-exempt species as specified in 
paragraph (b)(2) of this section must fish with nets of 5.0-inch (12.7-
cm) diamond mesh, applied throughout the codend for at least 75 
continuous meshes forward of the terminus of the net. For trawl nets 
with codends (including an extension) of fewer than 75 meshes, the 
entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) 
throughout the net. The Northern Gear Restricted Area 1 is an area 
bounded by straight lines connecting the following points in the order 
stated (copies of a chart depicting the area are available from the 
Regional Administrator upon request):

                     Northern Gear Restricted Area 1
------------------------------------------------------------------------
               Point                     N. lat.            W. long.
------------------------------------------------------------------------
NGA1..............................  41 deg.00'         71 deg.00'
NGA2..............................  41 deg.00'         71 deg.30'
NGA3..............................  40 deg.00'         72 deg.40'
NGA4..............................  40 deg.00'         72 deg.05'
NGA1..............................  41 deg.00'         71 deg.00'
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (b)(1) of this 
section apply only to vessels in the Northern Gear Restricted Area 1 
that are fishing for, or in possession of, the following non-exempt 
species: Longfin squid squid; black sea bass; and silver hake (whiting).
    (c) Transiting. Vessels that are subject to the provisions of the 
Southern and Northern GRAs, as specified in paragraphs (a) and (b) of 
this section, respectively, may transit these areas provided that trawl 
net codends on board of mesh size less than that specified in paragraphs 
(a) and (b) of this section are stowed and not available for immediate 
use as defined in Sec. 648.2.
    (d) [Reserved]
    (e) Addition or deletion of exemptions. The MAFMC may recommend to 
the Regional Administrator, through the framework procedure specified in 
Sec. 648.130(a), additions or deletions to exemptions for fisheries 
other than scup. A fishery may be restricted or exempted by area, gear, 
season, or other means determined to be appropriate to reduce bycatch of 
scup.
    (f) Exempted experimental fishing. The Regional Administrator may 
issue an exempted experimental fishing permit (EFP) under the provisions 
of Sec. 600.745(b), consistent with paragraph (d)(2) of this section, 
to allow any vessel participating in a scup discard mitigation research 
project to engage in any of the following activities: Fish in the 
applicable gear restriction area; use fishing gear that does not conform 
to the regulations; possess non-exempt species specified in paragraphs 
(a)(2) and (b)(2) of this section; or engage in any other activity 
necessary to project operations for which an exemption from regulatory 
provision is required. Vessels issued an EFP must comply with all 
conditions and restrictions specified in the EFP.
    (1) A vessel participating in an exempted experimental fishery in 
the Scup Gear Restriction Area(s) must carry an EFP authorizing the 
activity and any required Federal fishery permit on board.
    (2) The Regional Administrator may not issue an EFP unless s/he 
determines that issuance is consistent with the objectives of the FMP, 
the provisions of the Magnuson-Stevens Act, and other applicable law and 
will not:
    (i) Have a detrimental effect on the scup resource and fishery;

[[Page 880]]

    (ii) Cause the quotas for any species of fish for any quota period 
to be exceeded;
    (iii) Create significant enforcement problems; or
    (iv) Have a detrimental effect on the scup discard mitigation 
research project.

[76 FR 60633, Sept. 29, 2011, as amended at 77 FR 16480, Mar. 21, 2012; 
79 FR 52580, Sept. 4, 2014]



Sec. 648.125  Scup gear restrictions.

    (a) Trawl vessel gear restrictions--(1) Minimum mesh size. No owner 
or operator of an otter trawl vessel that is issued a scup moratorium 
permit may possess more than 1,000 lb (454 kg) of scup from November 1 
through April 30, or more than 200 lb (91 kg) of scup from May 1 through 
October 31, unless fishing with nets that have a minimum mesh size of 
5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net, and all 
other nets are stowed and not available for immediate use as defined in 
Sec. 648.2.
    (2) Mesh-size measurement. Mesh sizes will be measured according to 
the procedure specified in Sec. 648.104(a)(2).
    (3) Net modification. The owner or operator of a fishing vessel 
subject to the minimum mesh requirements in Sec. 648.124 and paragraph 
(a)(1) of this section shall not use any device, gear, or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, or 
chafing gear, on the top of the regulated portion of a trawl net. 
However, one splitting strap and one bull rope (if present), consisting 
of line or rope no more than 3 inches (7.2 cm) in diameter, may be used 
if such splitting strap and/or bull rope does not constrict in any 
manner the top of the regulated portion of the net, and one rope no 
greater that 0.75 inches (1.9 cm) in diameter extending the length of 
the net from the belly to the terminus of the codend along the top, 
bottom, and each side of the net. ``Top of the regulated portion of the 
net'' means the 50 percent of the entire regulated portion of the net 
that (in a hypothetical situation) will not be in contact with the ocean 
bottom during a tow if the regulated portion of the net were laid flat 
on the ocean floor. For the purpose of this paragraph (a)(3), head ropes 
are not considered part of the top of the regulated portion of a trawl 
net.
    (4) Mesh obstruction or constriction. (i) The owner or operator of a 
fishing vessel subject to the minimum mesh restrictions in Sec. 648.124 
and in paragraph (a)(1) of this section shall not use any mesh 
construction, mesh configuration, or other means on, in, or attached to 
the top of the regulated portion of the net, as defined in paragraph 
(a)(3) of this section, if it obstructs or constricts the meshes of the 
net in any manner.
    (ii) The owner or operator of a fishing vessel subject to the 
minimum mesh requirements in Sec. 648.124 and in paragraph (a)(1) of 
this section may not use a net capable of catching scup if the bars 
entering or exiting the knots twist around each other.
    (5) Stowage of nets. The owner or operator of an otter trawl vessel 
retaining 500 lb (226.8 kg) or more of scup from November 1 through 
April 30, or 200 lb (90.7 kg) or more of scup from May 1 through October 
31, and subject to the minimum mesh requirements in paragraph (a)(1) of 
this section, and the owner or operator of a midwater trawl or other 
trawl vessel subject to the minimum size requirement in Sec. 648.126, 
may not have available for immediate use any net, or any piece of net, 
not meeting the minimum mesh size requirement, or mesh that is rigged in 
a manner that is inconsistent with the minimum mesh size. A net that is 
stowed and not available for immediate use as defined in Sec. 648.2, 
and that can be shown not to have been in recent use, is considered to 
be not available for immediate use.
    (6) Roller gear. The owner or operator of an otter trawl vessel 
issued a moratorium permit pursuant to Sec. 648.4(a)(6) shall not use 
roller rig trawl gear equipped with rollers greater than 18 inches (45.7 
cm) in diameter.
    (7) Procedures for changes. The minimum net mesh and the threshold 
catch level at which it is required set forth in paragraph (a)(1) of 
this section, and the maximum roller diameter set forth in paragraph 
(a)(6) of this section, may be changed following the procedures in Sec. 
648.122.

[[Page 881]]

    (b) Pot and trap gear restrictions. Owners or operators of vessels 
subject to this part must fish with scup pots or traps that comply with 
the following:
    (1) Degradable hinges. A scup pot or trap must have degradable 
hinges and fasteners made of one of the following degradable materials:
    (i) Untreated hemp, jute, or cotton string of \3/16\ inches (4.8 mm) 
diameter or smaller;
    (ii) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners; or
    (iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) 
diameter or smaller.
    (iv) The use of a single non-degradable retention device designed to 
prevent loss of the ghost panel after the degradable materials have 
failed is permitted provided the device does not impair the egress 
design function of the ghost panel by obstructing the opening or by 
preventing the panel from opening at such time that the degradable 
fasteners have completely deteriorated.
    (2) Escape vents. (i) All scup pots or traps that have a circular 
escape vent with a minimum of 3.1 inches (7.9 cm) in diameter, or a 
square escape vent with a minimum of 2.25 inches (5.7 cm) for each side, 
or an equivalent rectangular escape vent.
    (ii) The minimum escape vent size set forth in paragraph (b)(2)(i) 
of this section may be revised following the procedures in Sec. 
648.122.
    (3) Pot and trap identification. Pots or traps used in fishing for 
scup must be marked with a code of identification that may be the number 
assigned by the Regional Administrator and/or the identification marking 
as required by the vessel's home port state.

[76 FR 60634, Sept. 29, 2011, as amended at 79 FR 52580, Sept. 4, 2014; 
81 FR 51378, Aug. 4, 2016]



Sec. 648.126  Scup minimum fish sizes.

    (a) Moratorium (commercially) permitted vessels. The minimum size 
for scup is 9 inches (22.9 cm) TL for all vessels issued a moratorium 
permit under Sec. 648.4(a)(6). If such a vessel is also issued a 
charter and party boat permit and is carrying passengers for hire, or 
carrying more than three crew members if a charter boat, or more than 
five crew members if a party boat, then the minimum size specified in 
paragraph (b) of this section applies.
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum size for scup is 9 inches (22.9 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
    (c) The minimum size applies to whole fish or any part of a fish 
found in possession, e.g., fillets. These minimum sizes may be adjusted 
pursuant to the procedures in Sec. 648.122.

[76 FR 60635, Sept. 29, 2011, as amended at 78 FR 37480, June 21, 2013; 
79 FR 38264, July 7, 2014]



Sec. 648.127  Scup recreational fishing season.

    Fishermen and vessels that are not eligible for a moratorium permit 
under Sec. 648.4(a)(6), may possess scup year-round, subject to the 
possession limit specified in Sec. 648.128(a). The recreational fishing 
season may be adjusted pursuant to the procedures in Sec. 648.122.

[78 FR 37480, June 21, 2013]



Sec. 648.128  Scup possession restrictions.

    (a) Party/Charter and recreational possession limits. No person 
shall possess more than 50 scup in, or harvested from, per trip the EEZ 
unless that person is the owner or operator of a fishing vessel issued a 
scup moratorium permit, or is issued a scup dealer permit. Persons 
aboard a commercial vessel that is not eligible for a scup moratorium 
permit are subject to this possession limit. The owner, operator, and 
crew of a charter or party boat issued a scup moratorium permit are 
subject to the possession limit when carrying passengers for hire or 
when carrying more than five crew members for a party boat, or more than 
three crew members for a charter boat. This possession limit may be 
adjusted pursuant to the procedures in Sec. 648.122.

[[Page 882]]

    (b) If whole scup are processed into fillets, an authorized officer 
will convert the number of fillets to whole scup at the place of landing 
by dividing fillet number by 2. If scup are filleted into a single 
(butterfly) fillet, such fillet shall be deemed to be from one whole 
scup.
    (c) Scup harvested by vessels subject to the possession limit with 
more than one person aboard may be pooled in one or more containers. 
Compliance with the possession limit will be determined by dividing the 
number of scup on board by the number of persons aboard other than the 
captain and crew. If there is a violation of the possession limit on 
board a vessel carrying more than one person, the violation shall be 
deemed to have been committed by the owner and operator.
    (d) Scup and scup parts harvested by a vessel with a moratorium or 
charter or party boat scup permit, or in or from the EEZ north of 
35 deg.15.3' N. lat., may not be landed with the skin removed.

[76 FR 60635, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 
78 FR 37480, June 21, 2013; 80 FR 35258, June 19, 2015]



Sec. 648.129  Protection of threatened and endangered sea turtles.

    This section supplements existing regulations issued to regulate 
incidental take of sea turtles under authority of the Endangered Species 
Act under 50 CFR parts 222 and 223. In addition to the measures required 
under those parts, NMFS will investigate the extent of sea turtle takes 
in flynet gear and, if deemed appropriate, may develop and certify a 
Turtle Excluder Device for that gear.

[76 FR 60635, Sept. 29, 2011]



Sec. 648.130  Scup framework adjustments to management measures.

    (a) Within season management action. See Sec. 648.110(a).
    (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 rules; 
adjustments to the existing MAFMC risk policy; introduction of new AMs, 
including sub-ACTs; minimum fish size; maximum fish size; gear 
restrictions; gear restricted areas; gear requirements or prohibitions; 
permitting restrictions; recreational possession limits; recreational 
seasons; closed areas; commercial seasons; commercial trip limits; 
commercial quota system including commercial quota allocation procedure 
and possible quota set asides to mitigate bycatch; recreational harvest 
limits; annual specification quota setting process; FMP Monitoring 
Committee composition and process; description and identification of EFH 
(and fishing gear management measures that impact EFH); description and 
identification of habitat areas of particular concern; regional gear 
restrictions; regional season restrictions (including option to split 
seasons); restrictions on vessel size (LOA and GRT) or shaft horsepower; 
operator permits; 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; any other commercial or recreational 
management measures; any other management measures currently included in 
the FMP; and set aside quota for scientific research.
    (2) MAFMC recommendation. See Sec. 648.110(a)(2)(i) through (iv).
    (3) NMFS action. See Sec. 648.110(a)(3)(i) through (iii).
    (4) Emergency actions. See Sec. 648.110(a)(4).
    (b) [Reserved]

[76 FR 60635, Sept. 29, 2011, as amended at 80 FR 37196, June 30, 2015]

[[Page 883]]



      Subpart I_Management Measures for the Black Sea Bass Fishery

    Source: 61 FR 58467, Nov. 15, 1996, unless otherwise noted.



Sec. 648.140  Black sea bass Annual Catch Limit (ACL).

    (a) The Black Sea Bass Monitoring Committee shall recommend to the 
MAFMC separate ACLs for the commercial and recreational scup fisheries, 
the sum total of which shall be equal to the ABC recommended by the SSC.
    (1) Sector allocations. The commercial and recreational fishing 
sector ACLs will be established consistent with the allocation 
guidelines contained in the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan.
    (2) Periodicity. The black sea bass commercial and recreational 
sector 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 Black Sea Bass Monitoring Committee 
shall conduct a detailed review of fishery performance relative to the 
sector ACLs at least every 5 years.
    (1) If one or both of the sector-specific ACLs is exceeded with a 
frequency greater than 25 percent (i.e., more than once in 4 years or 
any 2 consecutive years), the Black Sea Bass Monitoring Committee will 
review fishery performance information and make recommendations to the 
MAFMC for changes in measures intended to ensure ACLs are 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 the black sea bass stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs have been exceeded but may be 
conducted in conjunction with such reviews.

[76 FR 60636, Sept. 29, 2011]



Sec. 648.141  Black sea bass Annual Catch Target (ACT).

    (a) The Black Sea Bass 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 black 
sea bass specification process. The Black Sea Bass 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 Black Sea Bass Monitoring 
Committee shall recommend any reduction in catch necessary to address 
sector-specific 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 Black Sea Bass Monitoring Committee 
shall conduct a detailed review of fishery performance relative to ACTs 
in conjunction with any ACL performance review, as outlined in Sec. 
648.140(b)(1)-(3).

[76 FR 60636, Sept. 29, 2011]



Sec. 648.142  Black sea bass specifications.

    (a) Commercial quota, recreational landing limit, research set-
aside, and other specification measures. The Black Sea Bass Monitoring 
Committee will recommend to the Demersal Species Committee of the MAFMC 
and the ASMFC, through the specification process, for use in conjunction 
with the ACL and ACT, sector-specific research set-asides, estimates of 
the sector-related discards, a recreational harvest limit, a commercial 
quota, along with other measures, as needed, that are projected to 
ensure the sector-specific ACL for an upcoming year or years will not be 
exceeded. The following measures are to be consisted by the Black Sea 
Bass Monitoring Committee:

[[Page 884]]

    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed.
    (2) A commercial quota, allocated annually.
    (3) A commercial possession limit for all moratorium vessels, with 
the provision that these quantities be the maximum allowed to be landed 
within a 24-hour period (calendar day).
    (4) Commercial minimum fish size.
    (5) Minimum mesh size in the codend or throughout the net and the 
catch threshold that will require compliance with the minimum mesh 
requirement.
    (6) Escape vent size.
    (7) A recreational possession limit set after the reduction for 
research quota.
    (8) Recreational minimum fish size.
    (9) Recreational season.
    (10) Restrictions on gear other than otter trawls and pots or traps.
    (11) Total allowable landings on an annual basis for a period not to 
exceed 3 years.
    (12) 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.
    (13) Modification of the existing AM measures and ACT control rules 
utilized by the Black Sea Bass Monitoring Committee.
    (b) Specification fishing measures. The Demersal Species Committee 
shall review the recommendations of the Black Sea Bass Monitoring 
Committee. Based on these recommendations and any public comment, the 
Demersal Species Committee shall make its recommendations to the MAFMC 
with respect to the measures necessary to assure that the ACLs are not 
exceeded. The MAFMC shall review these recommendations and, based on the 
recommendations and public comment, make recommendations to the Regional 
Administrator with respect to the measures necessary to assure that 
sector ACLs are not exceeded. Included in the recommendation will be 
supporting documents, as appropriate, concerning the environmental and 
economic impacts of the final rule. The Regional Administrator will 
review these recommendations and any recommendations of the ASMFC. After 
such review, the Regional Administrator will publish a proposed rule in 
the Federal Register to implement a commercial quota, a recreational 
harvest limit, and additional management measures for the commercial 
fishery. If the Regional Administrator determines that additional 
recreational measures are necessary to assure that the recreational 
sector ACL is not exceeded, he or she will publish a proposed rule in 
the Federal Register to implement additional management measures for the 
recreational fishery. After considering public comment, the Regional 
Administrator will publish a final rule in the Federal Register to 
implement the measures necessary to ensure that recreational sector ACL 
is not exceeded.
    (c) Distribution of annual commercial quota. The black sea bass 
commercial quota will be allocated on a coastwide basis.
    (d) Research quota. See Sec. 648.21(g).

[76 FR 60636, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37197, June 30, 2015]



Sec. 648.143  Black sea bass Accountability Measures.

    (a) Commercial sector fishery closure. The Regional Administrator 
will monitor the harvest of commercial quota based on dealer reports, 
state data, and other available information. All black sea bass landed 
for sale in the states from North Carolina through Maine by a vessel 
with a moratorium permit issued under Sec. 648.4(a)(7) shall be applied 
against the commercial annual coastwide quota, regardless of where the 
black sea bass were harvested. All black sea bass harvested north of 
35 deg.15.3' N. lat., and landed for sale in the states from North 
Carolina through Maine by any vessel without a moratorium permit and 
fishing exclusively in state waters, will be counted against the quota 
by the state in which it is landed, pursuant to the FMP for the black 
sea bass fishery adopted by the ASMFC. The Regional Administrator will 
determine the date on which the annual coastwide quota will have been 
harvested; beginning on that date and

[[Page 885]]

through the end of the calendar year, the EEZ north of 35 deg.15.3' N. 
lat. will be closed to the possession of black sea bass. The Regional 
Administrator will publish notification in the Federal Register advising 
that, upon, and after, that date, no vessel may possess black sea bass 
in the EEZ north of 35 deg.15.3' N. lat. during a closure, nor may 
vessels issued a moratorium permit land black sea bass during the 
closure. Individual states will have the responsibility to close their 
ports to landings of black sea bass during a closure, pursuant to the 
FMP for the black sea bass fishery adopted by the ASMFC.
    (1) Commercial ACL overage evaluation. The commercial sector ACL 
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 commercial sector ACL has been exceeded.
    (2) Commercial landings overage repayment. Landings in excess of the 
annual coastwide quota will be deducted from the quota allocation for 
the following year in the final rule that establishes the annual quota. 
The overage deduction will be based on landings for the current year 
through September 30, and landings for the previous calendar year were 
not included when the overage deduction was made in the final rule that 
established the annual coastwide quota for the current year. If the 
Regional Administrator determines during the fishing year that any part 
of an overage deduction was based on erroneous landings data that were 
in excess of actual landings for the period concerned, he/she will 
restore the overage that was deducted in error to the appropriate quota 
allocation. The Regional Administrator will publish notification in the 
Federal Register announcing the restoration.
    (b) 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.
    (c) Recreational ACL Evaluation. The recreational sector ACL will be 
evaluated based on a 3-year moving average comparison of total catch 
(landings and dead discards). Both landings and dead discards will be 
evaluated in determining if the 3-year average recreational sector ACL 
has been exceeded. The 3-year moving average will be phased in over the 
first 3 years, beginning with 2012: Total recreational total catch from 
2012 will be compared to the 2012 recreational sector ACL; the average 
total catch from both 2012 and 2013 will be compared to the average of 
the 2012 and 2013 recreational sector ACLs; the average total catch from 
2012, 2013, and 2014 will be compared to the average of the 2012, 2013, 
and 2014 recreational sector ACLs and, for all subsequent years, the 
preceding 3-year average recreational total catch will be compared to 
the preceding 3-year average recreational sector ACL.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold (i.e., 
B/BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the recreational ACL has been exceeded, then the exact 
amount, in pounds, by which the most recent year's recreational catch 
estimate exceeded the most recent year's recreational ACL will be 
deducted in the following fishing year, or as soon as possible 
thereafter, once catch data are available, from the recreational ACT, as 
a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and the 
stock is not under rebuilding. If the most recent estimate of biomass is 
above the biomass threshold (B/BMSY is greater than 0.5), but 
below the biomass target (B/BMSY is less than 1.0), and the 
stock is not under a rebuilding plan, then the following AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of

[[Page 886]]

the measures and conditions that precipitated the overage, will be made 
in the following fishing year, or as soon as possible thereafter, once 
catch data are available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the recreational ACT will be made in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in paragraph 
(d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of biomass 
is above BMSY (i.e., B/BMSY is greater than 1.0), 
then adjustments to the recreational management measures, taking into 
account the performance of the measures and conditions that precipitated 
the overage, will be made in the following fishing year, or as soon as 
possible thereafter, once catch data are available, as a single-year 
adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of this action shall be to achieve alignment through 
consistent state and Federal measures such that no differential effects 
occur to Federal permit holders.

[76 FR 60636, Sept. 29, 2011, as amended at 78 FR 76764, Dec. 19, 2013]



Sec. 648.144  Black sea bass gear restrictions.

    (a) Trawl gear restrictions--(1) General. (i) Otter trawlers whose 
owners are issued a black sea bass moratorium permit and that land or 
possess 500 lb (226.8 kg) or more of black sea bass from January 1 
through March 31, or 100 lb (45.4 kg) or more of black sea bass from 
April 1 through December 31, must fish with nets that have a minimum 
mesh size of 4.5-inch (11.43-cm) diamond mesh applied throughout the 
codend for at least 75 continuous meshes forward of the terminus of the 
net, or for codends with less than 75 meshes, the entire net must have a 
minimum mesh size of 4.5-inch (11.43-cm) diamond mesh throughout.
    (ii) Mesh sizes shall be measured pursuant to the procedure 
specified in Sec. 648.104(a)(2).
    (2) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net except that one splitting strap and one 
bull rope (if present) consisting of line or rope no more than 3 inches 
(7.6 cm) in diameter may be used if such splitting strap and/or bull 
rope does not constrict, in any manner, the top of the regulated portion 
of the net, and one rope no greater than 0.75 inches (1.9 cm) in 
diameter extending the length of the net from the belly to the terminus 
of the codend along the top, bottom, and each side of the net. ``Top of 
the regulated portion of the net'' means the 50 percent of the entire 
regulated portion of the net that (in a hypothetical situation) will not 
be in contact with the ocean bottom during a tow if the regulated 
portion of the net were laid flat on the ocean floor. For the purpose of 
this paragraph, head ropes shall not be considered part of the top of 
the regulated portion of a trawl net.
    (3) Mesh obstruction or constriction. (i) A fishing vessel may not 
use any mesh configuration, mesh construction, or

[[Page 887]]

other means on or in the top of the net, as defined in paragraph (a)(2) 
of this section, that obstructs the meshes of the net in any manner, or 
otherwise causes the size of the meshes of the net while in use to 
diminish to a size smaller than the minimum established pursuant to 
paragraph (a)(1)(i) of this section.
    (ii) No person on any vessel may possess or fish with a net capable 
of catching black sea bass in which the bars entering or exiting the 
knots twist around each other.
    (4) Stowage of nets. Otter trawl vessels subject to the minimum 
mesh-size requirement of paragraph (a)(1)(i) of this section may not 
have ``available for immediate use'' any net or any piece of net that 
does not meet the minimum mesh size requirement, or any net, or any 
piece of net, with mesh that is rigged in a manner that is inconsistent 
with the minimum mesh size requirement. Nets must be stowed and not 
available for immediate use as defined in Sec. 648.2.
    (5) Roller gear. Rollers used in roller rig or rock hopper trawl 
gear shall be no larger than 18 inches (45.7 cm) in diameter.
    (b) Pot and trap gear restrictions--(1) Gear marking. The owner of a 
vessel issued a black sea bass moratorium permit must mark all black sea 
bass pots or traps with the vessel's USCG documentation number or state 
registration number.
    (2) All black sea bass traps or pots must have two escape vents 
placed in lower corners of the parlor portion of the pot or trap that 
each comply with one of the following minimum size requirements: 1.375 
inches by 5.75 inches (3.49 cm by 14.61 cm); a circular vent of 2.5 
inches (6.4 cm) in diameter; or a square vent with sides of 2 inches 
(5.1 cm), inside measure; however, black sea bass traps constructed of 
wooden laths instead may have escape vents constructed by leaving spaces 
of at least 1.375 inches (3.49 cm) between two sets of laths in the 
parlor portion of the trap. These dimensions for escape vents and lath 
spacing may be adjusted pursuant to the procedures in Sec. 648.140.
    (3) Ghost panel. (i) Black sea bass traps or pots must contain a 
ghost panel affixed to the trap or pot with degradable fasteners and 
hinges. The opening to be covered by the ghost panel must measure at 
least 3.0 inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel 
must be affixed to the pot or trap with hinges and fasteners made of one 
of the following degradable materials:
    (A) Untreated hemp, jute, or cotton string of \3/16\ inches (4.8 mm) 
diameter or smaller; or
    (B) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners; or
    (C) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) 
diameter or smaller.
    (ii) The use of a single non-degradable retention device designed to 
prevent loss of the ghost panel after the degradable materials have 
failed is permitted, provided the device does not impair the egress 
design function of the ghost panel by obstructing the opening or by 
preventing the panel from opening at such time that the degradable 
fasteners have completely deteriorated.

[76 FR 60637, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014]



Sec. 648.145  Black sea bass possession limit.

    (a) During the recreational fishing season specified at Sec. 
648.146, no person shall possess more than 15 black sea bass in, or 
harvested from, per trip the EEZ unless that person is the owner or 
operator of a fishing vessel issued a black sea bass moratorium permit, 
or is issued a black sea bass dealer permit. Persons aboard a commercial 
vessel that is not eligible for a black sea bass moratorium permit may 
not retain more than 15 black sea bass during the recreational fishing 
season specified at Sec. 648.146. The owner, operator, and crew of a 
charter or party boat issued a black sea bass moratorium permit are 
subject to the possession limit when carrying passengers for hire or 
when carrying more than five crew members for a party boat, or more than 
three crew members for a charter boat. This possession limit may be 
adjusted pursuant to the procedures in Sec. 648.142.
    (b) If whole black sea bass are processed into fillets, an 
authorized officer

[[Page 888]]

will convert the number of fillets to whole black sea bass at the place 
of landing by dividing fillet number by two. If black sea bass are 
filleted into a single (butterfly) fillet, such fillet shall be deemed 
to be from one whole black sea bass.
    (c) Black sea bass harvested by vessels subject to the possession 
limit with more than one person aboard may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of black sea bass on board by the number of persons 
aboard, other than the captain and the crew. If there is a violation of 
the possession limit on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner and 
operator of the vessel.
    (d) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 648.4(a)(7) and fishing with, or possessing on board, 
nets or pieces of net that do not meet the minimum mesh requirements 
specified in Sec. 648.144(a) and that are not stowed in accordance with 
Sec. 648.144(a)(4) may not retain more than 500 lb (226.8 kg) of black 
sea bass from January 1 through March 31, or more than 100 lb (45.4 kg) 
of black sea bass from April 1 through December 31. Black sea bass on 
board these vessels shall be stored so as to be readily available for 
inspection in a standard 100-lb (45.4-kg) tote.

[76 FR 60638, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 
78 FR 37480, June 21, 2013; 79 FR 38265, July 7, 2014; 80 FR 35259, June 
19, 2015]



Sec. 648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a moratorium permit under Sec. 
648.4(a)(7), and fishermen subject to the possession limit specified in 
Sec. 648.145(a), may only possess black sea bass from May 15 through 
September 21, and October 22 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec. 648.142.

[80 FR 35259, June 19, 2015]



Sec. 648.147  Black sea bass minimum fish sizes.

    (a) Moratorium (commercially) permitted vessels. The minimum size 
for black sea bass is 11 inches (27.94 cm) total length for all vessels 
issued a moratorium permit under Sec. 648.4(a)(7) that fish for, 
possess, land or retain black sea bass in or from U.S. waters of the 
western Atlantic Ocean from 35 deg.15.3' N. Lat., the latitude of Cape 
Hatteras Light, North Carolina, northward to the U.S.-Canadian border. 
The minimum size may be adjusted for commercial vessels pursuant to the 
procedures in Sec. 648.142.
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum fish size for black sea bass is 12.5 inches 
(31.75 cm) TL for all vessels that do not qualify for a moratorium 
permit, and for party boats holding a moratorium permit, if fishing with 
passengers for hire or carrying more than five crew members, and for 
charter boats holding a moratorium permit, if fishing with more than 
three crew members.
    (c) The minimum size in this section applies to the whole fish or 
any part of a fish found in possession (e.g., fillets), except that 
party or charter vessels possessing valid state permits authorizing 
filleting at sea may possess fillets smaller than the size specified if 
skin remains on the fillet and all other state requirements are met.

[76 FR 60638, Sept. 29, 2011]



Sec. 648.148  Special management zones.

    (a) General. The recipient of a U.S. Army Corps of Engineers permit 
for an artificial reef, fish attraction device, or other modification of 
habitat for purposes of fishing may request that an area surrounding and 
including the site be designated by the MAFMC as a special management 
zone (SMZ). The MAFMC may prohibit or restrain the use of specific types 
of fishing gear that are not compatible with the intent of the 
artificial reef or fish attraction device or other habitat modification 
within the SMZ. The establishment of an SMZ will be effected by a 
regulatory amendment, pursuant to the following procedure: An SMZ 
monitoring team comprised of members of staff from the MAFMC, NMFS 
Greater Atlantic Regional Fisheries Office, and NMFS Northeast Fisheries 
Science Center will evaluate the request in the form of a written 
report.

[[Page 889]]

    (1) Evaluation criteria. In establishing an SMZ, the SMZ monitoring 
team will consider the following criteria:
    (i) Fairness and equity;
    (ii) Promotion of conservation;
    (iii) Avoidance of excessive shares;
    (iv) Consistency with the objectives of Amendment 9 to the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan, the 
Magnuson-Stevens Act, and other applicable law;
    (v) The natural bottom in and surrounding potential SMZs; and
    (vi) Impacts on historical uses.
    (2) The MAFMC Chairman may schedule meetings of MAFMC's industry 
advisors and/or the SSC to review the report and associated documents 
and to advise the MAFMC. The MAFMC Chairman may also schedule public 
hearings.
    (3) The MAFMC, following review of the SMZ monitoring team's report, 
supporting data, public comments, and other relevant information, may 
recommend to the Regional Administrator that an SMZ be approved. Such a 
recommendation will be accompanied by all relevant background 
information.
    (4) The Regional Administrator will review the MAFMC's 
recommendation. If the Regional Administrator concurs in the 
recommendation, he or she will publish a proposed rule in the Federal 
Register in accordance with the recommendations. If the Regional 
Administrator rejects the MAFMC's recommendation, he or she shall advise 
the MAFMC in writing of the basis for the rejection.
    (5) The proposed rule to establish an SMZ shall afford a reasonable 
period for public comment. Following a review of public comments and any 
information or data not previously available, the Regional Administrator 
will publish a final rule if he or she determines that the establishment 
of the SMZ is supported by the substantial weight of evidence in the 
record and consistent with the Magnuson-Stevens Act and other applicable 
law.
    (b) Approved/Established SMZs--Delaware Special Management Zone 
Areas. Special management zones are established for Delaware artificial 
reef permit areas #9, 10, 11, and 13, in the area of the U.S. Exclusive 
Economic Zone. From January 1 through December 31 of each year, no 
fishing vessel or person on a fishing vessel may fish in the Delaware 
Special Management Zones with any gear except hook and line and spear 
fishing (including the taking of fish by hand). The Delaware Special 
Management Zones are defined by straight lines connecting the following 
point's N. latitude and W. longitude in the order stated:
    (1) Delaware artificial reef #9.

----------------------------------------------------------------------------------------------------------------
              Point                          Corner                  N. latitude              W. longitude
----------------------------------------------------------------------------------------------------------------
1................................  9SE                        38 deg.39.972'            74 deg.59.298'
2................................  9SW                        38 deg.40.05'             75 deg.0.702'
3................................  9NW                        38 deg.40.848'            75 deg.0.402'
4................................  9NE                        38 deg.40.8'              74 deg.58.902'
5................................  9SE                        38 deg.39.972'            74 deg.59.298'
----------------------------------------------------------------------------------------------------------------

    (2) Delaware artificial reef #10.

----------------------------------------------------------------------------------------------------------------
              Point                          Corner                  N. latitude              W. longitude
----------------------------------------------------------------------------------------------------------------
1................................  10SE                       38 deg.36.198'            74 deg.55.674'
2................................  10SW                       38 deg.36.294'            74 deg.57.15'
3................................  10NW                       38 deg.37.098'            74 deg.56.802'
4................................  10NE                       38 deg.37.002'            74 deg.55.374'
5................................  10SE                       38 deg.36.198'            74 deg.55.674'
----------------------------------------------------------------------------------------------------------------

    (3) Delaware artificial reef #11.

----------------------------------------------------------------------------------------------------------------
              Point                          Corner                  N. latitude              W. longitude
----------------------------------------------------------------------------------------------------------------
1................................  11SE                       38 deg.39.882'            74 deg.43.05'
2................................  11SW                       38 deg.40.002'            74 deg.44.802'
3................................  11NW                       38 deg.40.848'            74 deg.44.502'

[[Page 890]]

 
4................................  11NE                       38 deg.40.752'            74 deg.42.75'
5................................  11SE                       38 deg.39.882'            74 deg.43.05'
----------------------------------------------------------------------------------------------------------------

    (4) Delaware artificial reef #13.

----------------------------------------------------------------------------------------------------------------
              Point                          Corner                  N. latitude              W. longitude
----------------------------------------------------------------------------------------------------------------
1................................  13SE                       38 deg.30.138'            74 deg.30.582'
2................................  13SW                       38 deg.30.222'            74 deg.31.5'
3................................  13NW                       38 deg.31.614'            74 deg.30.864'
4................................  13NE                       38 deg.31.734'            74 deg.30.018'
5................................  13SE                       38 deg.30.138'            74 deg.30.582'
----------------------------------------------------------------------------------------------------------------


[80 FR 32485, June 9, 2015]



Sec. 648.149  Black sea bass framework adjustments to management
measures.

    (a) Within season management action. See Sec. 648.110(a).
    (1) Adjustment process. See Sec. 648.110(a)(1).
    (2) MAFMC recommendation. See Sec. 648.110(a)(2)(i) through (iv).
    (3) Regional Administrator action. See Sec. 648.110(a)(3)(i) 
through (iii).
    (4) Emergency actions. See Sec. 648.110(a)(4).
    (b) [Reserved]

[76 FR 60639, Sept. 29, 2011]



     Subpart J_Management Measures for the Atlantic Bluefish Fishery

    Source: 65 FR 45852, July 26, 2000, unless otherwise noted.



Sec. 648.160  Bluefish Annual Catch Limit (ACL).

    (a) The Bluefish Monitoring Committee shall recommend to the MAFMC 
an ACL for the bluefish fishery, which shall 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 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 
the determination that the bluefish stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs have been exceeded, but may be 
conducted in conjunction with such reviews.

[76 FR 60639, Sept. 29, 2011]



Sec. 648.161  Bluefish Annual Catch Targets (ACTs).

    (a) The Bluefish 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 bluefish 
specification process. The Bluefish 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.

[[Page 891]]

    (1) Sectors. The sum of the commercial and recreational sector-
specific ACTs shall be less than or equal to the fishery level ACL. The 
Bluefish Monitoring Committee shall recommend any reduction in catch 
necessary to address management uncertainty, consistent with paragraph 
(a) of this section. A total of 83 percent of the fishery-level ACT will 
be allocated to the recreational fishery. A total of 17 percent of the 
fishery-level ACT will be allocated to the commercial fishery.
    (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 Bluefish Monitoring Committee shall 
conduct a detailed review of fishery performance relative to ACTs in 
conjunction with any ACL performance review, as outlined in Sec. 
648.160(b)(1) through (3).

[76 FR 60639, Sept. 29, 2011]



Sec. 648.162  Bluefish specifications.

    (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 Coastal Migratory 
Committee of the MAFMC and the ASMFC the following measures to ensure 
that the ACL specified by the process outlined in Sec. 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--(1) Recreational harvest limit. If research quota is 
specified as described in paragraph (g) of this section, the 
recreational harvest limit will be based on the TAL remaining after the 
deduction of the research quota.
    (2) Commercial quota. If 17 percent of the TAL is less than 10.5 
million lb (4.8 million kg) and the recreational fishery is not 
projected to land its harvest limit for the upcoming year, the 
commercial fishery may be allocated up to 10.5 million lb (4.8 million 
kg) as its quota, provided that the combination of the projected 
recreational landings and the commercial quota does not exceed the TAL. 
If research quota is specified as described in paragraph (g) of this 
section, the commercial quota will be based on the TAL remaining after 
the deduction of the research quota.
    (c) Annual fishing measures. The MAFMC's Coastal Migratory Committee 
shall review the recommendations of the Bluefish Monitoring Committee. 
Based on these recommendations and any public comment, the Coastal 
Migratory Committee shall recommend to the MAFMC measures necessary to 
ensure that the ACL will not be exceeded. The MAFMC shall review these 
recommendations and, based on the recommendations and any public 
comment, recommend to the Regional Administrator by September 1 measures 
necessary to ensure that the applicable ACL will not be exceeded. The 
MAFMC's recommendations must include supporting documentation, as 
appropriate, concerning the environmental, economic, and social impacts 
of the recommendations. The Regional Administrator shall review these 
recommendations and any recommendations of the ASMFC. After such review, 
NMFS will publish a proposed rule in the Federal Register as soon as 
practicable, to implement an ACL, ACTs, research quota, a coastwide 
commercial quota, individual state commercial quotas, a recreational 
harvest limit, and additional management measures for the commercial and 
recreational fisheries to ensure that the ACL will not be exceeded. 
After considering public comment, NMFS will publish a final rule in the 
Federal Register.

[[Page 892]]

    (d) Distribution of annual commercial quota. (1) The annual 
commercial quota will be distributed to the states, based upon the 
following percentages; state each followed by its allocation in 
parentheses: ME (0.6685); NH (0.4145); MA (6.7167); RI (6.8081); CT 
(1.2663); NY (10.3851); NJ (14.8162) DE (1.8782); MD (3.0018); VA 
(11.8795); NC (32.0608); SC (0.0352); GA (0.0095); and FL (10.0597). 
Note: The sum of all state allocations does not add to 100 because of 
rounding.
    (2) [Reserved]
    (e) Quota transfers and combinations. Any state implementing a state 
commercial quota for bluefish may request approval from the Regional 
Administrator to transfer part or all of its annual quota to one or more 
states. Two or more states implementing a state commercial quota for 
bluefish may request approval from the Regional Administrator to combine 
their quotas, or part of their quotas, into an overall regional quota. 
Requests for transfer or combination of commercial quotas for bluefish 
must be made by individual or joint letter(s) signed by the principal 
state official with marine fishery management responsibility and 
expertise, or his/her previously named designee, for each state 
involved. The letter(s) must certify that all pertinent state 
requirements have been met and identify the states involved and the 
amount of quota to be transferred or combined.
    (1) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator shall consider whether:
    (i) The transfer or combination would preclude the overall annual 
quota from being fully harvested;
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery; and
    (iii) The transfer is consistent with the objectives of the Bluefish 
FMP and Magnuson-Stevens Act.
    (2) The transfer of quota or the combination of quotas will be valid 
only for the calendar year for which the request was made.
    (3) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Administrator. A state may submit a new request when it receives 
notification that the Regional Administrator has disapproved the 
previous request or when notification of the approval of the transfer or 
combination has been published in the Federal Register.
    (f) Based upon any changes in the landings data available from the 
states for the base years 1981-89, the ASMFC and the MAFMC may recommend 
to the Regional Administrator that the states' shares specified in 
paragraph (d)(1) of this section be revised. The MAFMC's and the ASMFC's 
recommendation must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the recommendation. 
The Regional Administrator shall review the recommendation of the ASMFC 
and the MAFMC. After such review, NMFS will publish a proposed rule in 
the Federal Register to implement a revision in the state shares. After 
considering public comment, NMFS will publish a final rule in the 
Federal Register to implement the changes in allocation.
    (g) Research quota. See Sec. 648.21(g).

[76 FR 60639, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37197, June 30, 2015]



Sec. 648.163  Bluefish Accountability Measures (AMs).

    (a) ACL overage evaluation. The ACL 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 
ACL has 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 Sec. 648.160(a) to be exceeded, 
or if the commercial fisheries in all

[[Page 893]]

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 Sec. 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 
deducted from the following year's quota for each of the states involved 
in the combined quota, irrespective of whether the fishery-level ACL is 
exceeded. The deduction will be proportional, based on each state's 
relative share of the combined quota for the previous year. A transfer 
of quota or combination of quotas does not alter any state's percentage 
share of the overall quota specified in Sec. 648.162(d)(1).
    (d) Recreational landings AM when the ACL is exceeded and no sector-
to-sector transfer of allowable landings has occurred. If the fishery-
level ACL is exceeded and landings from the recreational fishery are 
determined to be the sole cause of the overage, and no transfer between 
the commercial and recreational sector was made for the fishing year, as 
outlined in Sec. 648.162(b)(2), then the following procedure will be 
followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold (i.e., 
B/BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the ACL has been exceeded, then the exact amount, in 
pounds, by which the most recent year's recreational catch estimate 
exceeded the most recent year's ACL will be deducted from the following 
year's recreational ACT, or as soon as possible thereafter, once catch 
data are available, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and the 
stock is not under rebuilding. If the most recent estimate of biomass is 
above the biomass threshold (B/BMSY is greater than 0.5), but 
below the biomass target (B/BMSY is less than 1.0), and the 
stock is not under a rebuilding plan, then the following AMs will apply:
    (i) If the ACL has been exceeded. If the ACL has been exceeded, then 
adjustments to the recreational management measures, taking into account 
the performance of the measures and conditions that precipitated the 
overage, will be made in the following fishing year, or as soon as 
possible thereafter, once catch data are available, as a single-year 
adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the following year's recreational ACT 
will be made in the following fishing year, or as soon as possible 
thereafter, once catch data are available, as described in paragraph 
(d)(2)(ii)(A) of this section. In addition, adjustments to the 
recreational management measures, taking into account the performance of 
the measures and conditions that precipitated the overage, will be made 
in the following year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the 
recreational overage, defined as the difference between the recreational

[[Page 894]]

contribution to the catch above the ACL, and the payback coefficient, as 
specified in paragraph (d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimates of BMSY and biomass (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of biomass 
is above BMSY (i.e., B/BMSY is greater than 1.0), 
then adjustments to the recreational management measures, taking into 
account the performance of the measures and conditions that precipitated 
the overage, will be made in the following fishing year, or as soon as 
possible thereafter, once catch data are available, as a single-year 
adjustment.
    (e) AM for when the ACL is exceeded and a sector-to-sector transfer 
of allowable landings has occurred. If the fishery-level ACL is exceeded 
and landings from the recreational fishery and/or the commercial fishery 
are determined to have caused the overage, and a transfer between the 
commercial and recreational sector has occurred for the fishing year, as 
outlined in Sec. 648.162(b)(2), then the amount transferred between the 
recreational and commercial sectors may be reduced by the ACL overage 
amount (pound-for-pound repayment) in a subsequent, single fishing year 
if the Bluefish Monitoring Committee determines that the ACL overage was 
the result of too liberal a landings transfer between the two sectors. 
If the Bluefish Monitoring Committee determines that the ACL overage was 
not the result of the landings transfer, the recreational AMs described 
in paragraph (d) of this section will be implemented.
    (f) Non-landing AMs. In the event that the ACL has been exceeded and 
the overage has not been accommodated through the AM measures in 
paragraphs (a) through (d) of this section, then 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.
    (g) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or recreational harvest limit measures 
adopted by the ASMFC Bluefish Management Board and the MAFMC differ for 
a given fishing year, administrative action will be taken as soon as is 
practicable to revisit the respective recommendations of the two groups. 
The intent of this action shall be to achieve alignment through 
consistent state and Federal measures so no differential effects occur 
to Federal permit holders.

[76 FR 60640, Sept. 29, 2011, as amended at 78 FR 76765, Dec. 19, 2013]



Sec. 648.164  Bluefish possession restrictions.

    (a) No person shall possess more than 15 bluefish in, or harvested 
from, the EEZ unless that person is the owner or operator of a fishing 
vessel issued a bluefish commercial permit or is issued a bluefish 
dealer permit. Persons aboard a vessel that is not issued a bluefish 
commercial permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a bluefish 
commercial permit are not subject to the 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.
    (b) 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.

[76 FR 60641, Sept. 29, 2011]



Sec. 648.165  Bluefish minimum fish sizes.

    If the MAFMC determines through its annual review or framework 
adjustment process that minimum fish sizes are necessary to ensure that 
the fishing mortality rate is not exceeded, or to attain other FMP 
objectives, such measures will be enacted through the procedure 
specified in Sec. 648.162(c) or 648.167.

[76 FR 60641, Sept. 29, 2011]

[[Page 895]]



Sec. 648.166  Bluefish gear restrictions.

    If the MAFMC determines through its annual review or framework 
adjustment process that gear restrictions are necessary to ensure that 
the ACL is not exceeded, or to attain other FMP objectives, such 
measures, subject to the gear other than trawls and gillnets 
restrictions in Sec. 648.162 regarding specifications, will be enacted 
through the procedure specified in Sec. 648.162(c) or 648.167.

[76 FR 60641, Sept. 29, 2011]



Sec. 648.167  Bluefish framework adjustment to management measures.

    (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 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, the MAFMC must consider at least the following factors and 
provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the MAFMC's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Action by NMFS. If the MAFMC's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
MAFMC's recommendation and supporting information:
    (i) If NMFS concurs with the MAFMC's recommended management measures 
and determines that the recommended management measures should be issued 
as a final rule based on the factors specified in paragraph (a)(2) of 
this section, the measures will

[[Page 896]]

be issued as a final rule in the Federal Register.
    (ii) If NMFS concurs with the MAFMC's recommendation and determines 
that the recommended management measures should be published first as a 
proposed rule, the measures will be published as a proposed rule in the 
Federal Register. After additional public comment, if NMFS concurs with 
the MAFMC's recommendation, the measures will be issued as a final rule 
in the Federal Register.
    (iii) If NMFS does not concur, the MAFMC will be notified in writing 
of the reasons for the non-concurrence.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[76 FR 60641, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37197, June 30, 2015]



     Subpart K_Management Measures for the Atlantic Herring Fishery

    Source: 72 FR 11277, Mar. 12, 2007, unless otherwise noted.



Sec. 648.200  Specifications.

    (a) The Atlantic Herring Plan Development Team (PDT) shall meet at 
least every 3 years, but no later than July of the year before new 
specifications are implemented, with the Atlantic States Marine 
Fisheries Commission's (Commission) Atlantic Herring Plan Review Team 
(PRT) 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 
Sec. 648.201(d) and modifications to sub-ACLs as specified at Sec. 
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 Sec. 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 PRT 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/PRT 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/PRT 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 shall review available data pertaining to: 
Commercial and recreational catch data; current estimates of fishing 
mortality; discards; stock status; recent estimates of recruitment; 
virtual population analysis results and other estimates of stock size; 
sea sampling and trawl survey data or, if sea sampling data are 
unavailable, length frequency information from trawl surveys; impact of 
other fisheries on herring mortality; and any other relevant 
information. The specifications recommended pursuant to paragraph (a) of 
this section must be consistent with the following:
    (1) OFL must be equal to catch resulting from applying the maximum 
fishing mortality threshold to a current or projected estimate of stock 
size. When the stock is not overfished and overfishing is not occurring, 
this is usually the fishing rate supporting maximum sustainable yield 
(FMSY). Catch that exceeds this amount would result in 
overfishing.
    (2) ABC must be equal to or less than the OFL. The Council's 
Scientific and

[[Page 897]]

Statistical Committee (SSC) shall recommend ABC to the Council. 
Scientific uncertainty, including, but not limited to, uncertainty 
around stock size estimates, variability around estimates of 
recruitment, and consideration of ecosystem issues, shall be considered 
when setting ABC. If the stock is not overfished and overfishing is not 
occurring, then ABC may be based on FMSY or its proxy, recent 
catch, or any other factor the SSC determines appropriate. If the stock 
is overfished, then ABC may be based on the rebuilding fishing mortality 
rate for the stock (FREB), or any other factor the SSC 
determines appropriate.
    (3) ACL must be equal to or less than the ABC. Management 
uncertainty, which includes, but is not limited to, expected catch of 
herring in the New Brunswick weir fishery and the uncertainty around 
discard estimates of herring caught in Federal and state waters, shall 
be considered when setting the ACL. Catch in excess of the ACL shall 
trigger accountability measures (AMs), as described at Sec. 648.201(a).
    (4) OY may not exceed OFL (i.e., MSY) and must take into account the 
need to prevent overfishing while allowing the fishery to achieve OY on 
a continuing basis. OY is prescribed on the basis of MSY, as reduced by 
social, economic, and ecological factors. OY may equal DAH.
    (5) DAH is comprised of DAP and BT.
    (6) River herring and shad catch caps may be allocated to the 
herring fishery by the following: Species, as defined in Sec. 648.2, 
either separately or combined; area as specified in paragraph (f)(7) of 
this section; vessel permit; gear type; or any combination of these.
    (c) The Atlantic Herring Oversight Committee shall review the 
recommendations of the PDT and shall consult with the Commission's 
Herring Section. Based on these recommendations and any public comment 
received, the Herring Oversight Committee shall recommend to the Council 
appropriate specifications for a 3-year period. The Council shall review 
these recommendations and, after considering public comment, shall 
recommend appropriate 3-year specifications to NMFS. NMFS shall review 
the recommendations, consider any comments received from the Commission, 
and publish notification in the Federal Register proposing 3-year 
specifications. If the proposed specifications differ from those 
recommended by the Council, the reasons for any differences shall be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in paragraph (b) of this section.
    (d) NMFS shall make a final determination concerning the 
specifications for Atlantic herring. Notification of the final 
specifications and responses to public comments shall be published in 
the Federal Register. If the final specification amounts differ from 
those recommended by the Council, the reason(s) for the difference(s) 
must be clearly stated and the revised specifications must be consistent 
with the criteria set forth in paragraph (b) of this section. The 
previous year's specifications shall remain effective until they are 
revised through the specification process.
    (e) In-season adjustments. The specifications and sub-ACLs 
established pursuant to this section may be adjusted by NMFS to achieve 
conservation and management objectives, after consulting with the 
Council, during the fishing year in accordance with the Administrative 
Procedure Act (APA). Any adjustments must be consistent with the 
Atlantic Herring FMP objectives and other FMP provisions.
    (f) Management areas. The specifications process establishes sub-
ACLs and other management measures for the three management areas, which 
may have different management measures. Management Area 1 is subdivided 
into inshore and offshore sub-areas. The management areas are defined as 
follows:
    (1) Management Area 1 (Gulf of Maine): All U.S. waters of the Gulf 
of Maine (GOM) north of a line extending from a point at 41 deg.39' N. 
lat, 70 deg.00' W. long. to 42 deg.53' 14.32125` N. lat., 67 deg. 44' 
33.01613` W. long., thence northerly along the U.S.-Canada Maritime 
Boundary to the U.S.-Canadian border, to include state and Federal 
waters adjacent to the states of Maine, New Hampshire, and 
Massachusetts. Management Area 1 is divided into Area 1A (inshore) and 
Area 1B (offshore). The line dividing these

[[Page 898]]

areas is described by the following coordinates:

------------------------------------------------------------------------
   Point          Latitude            Longitude              Note
------------------------------------------------------------------------
1..........  41 deg.58' N        70 deg. 00' W
2..........  42 deg.38' N        70 deg. 00' W
3..........  42 deg.53' N        69 deg. 40' W
4..........  43 deg.12' N        69 deg. 00' W
5..........  43 deg.40' N        68 deg. 00' W
6..........  43 deg.58'16.0314`  67 deg. 21'26.157`  (\1\)
              N                   W
------------------------------------------------------------------------
\1\ Point 6 falls on the U.S.-Canada Maritime Boundary.

    (2) Management Area 2 (South Coastal Area): All state and Federal 
waters inclusive of sounds and bays, bounded on the east by 70 deg.00' 
W. long. and the outer limit of the U.S. Exclusive Economic Zone; 
bounded on the north and west by the southern coastline of Cape Cod, 
Massachusetts, and the coastlines of Rhode Island, Connecticut, New 
York, New Jersey, Delaware, Maryland, Virginia, and North Carolina; and 
bounded on the south by a line following the lateral seaward boundary 
between North Carolina and South Carolina from the coast to the 
Submerged Lands Act line, approximately 33 deg.48'46.37` N. lat., 
78 deg.29'46.46` W. long., and then heading due east along 
33 deg.48'46.37` N. lat. to the outer limit of the US Exclusive Economic 
Zone.
    (3) Management Area 3 (Georges Bank): All U.S. waters east of 
70 deg.00' W. long. and southeast of the line that runs from a point at 
41 deg.39' N. lat. and 70 deg.00' W. long., northeasterly to U.S.-Canada 
Maritime Boundary at 42 deg.53'14.32125` N. lat., 67 deg.44'33.01613` W. 
long.
    (4) River Herring Monitoring/Avoidance Areas--(i) January-February 
River Herring Monitoring/Avoidance Areas. The January-February River 
Herring Monitoring/Avoidance Areas include four sub-areas. Each sub-area 
includes the waters bounded by the coordinates below, connected in the 
order listed by straight lines unless otherwise noted.
    (A) January-February River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
JF1A.................  43 deg.00' N              71 deg.00' W
JF1B.................  43 deg.00' N              70 deg.30' W
JF1C.................  42 deg.30' N              70 deg.30' W
JF1D.................  42 deg.30' N              71 deg.00' W
JF1A.................  43 deg.00' N              71 deg.00' W
------------------------------------------------------------------------

    (B) January-February River Herring Monitoring/Avoidance Sub-Area 2.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
JF2A.................  42 deg.00' N              70 deg.00' W
JF2B.................  42 deg.00' N              69 deg.30' W
JF2C.................  41 deg.30' N              69 deg.30' W
JF2D.................  41 deg.30' N              70 deg.00' W
JF2A.................  42 deg.00' N              70 deg.00' W
------------------------------------------------------------------------

    (C) January-February River Herring Monitoring/Avoidance Sub-Area 3.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
JF3A...........  41 deg.30' N        72 deg.00' W
JF3B...........  41 deg.30' N        71 deg.00' W
JF3C...........  40 deg.30' N        71 deg.00' W
JF3D...........  40 deg.30' N        72 deg.30' W
JF3E...........  (\1\)               72 deg.30' W        (\3\)
JF3F...........  (\2\)               72 deg.00' W        (\3\)
JF3A...........  41 deg.30' N        72 deg.00' W
------------------------------------------------------------------------
\1\ The southernmost shoreline of Long Island, New York.
\2\ The north-facing shoreline of Long Island, New York.
\3\ Points JF3E and JF3F are connected following the coastline of the
  south fork of eastern Long Island, New York.

    (D) January-February River Herring Monitoring/Avoidance Sub-Area 4.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
JF4A...........  40 deg.30' N        74 deg.00' W
JF4B...........  40 deg.30' N        72 deg.30' W
JF4C...........  40 deg.00' N        72 deg.30' W
JF4D...........  40 deg.00' N        72 deg.00' W
JF4E...........  39 deg.30' N        72 deg.00' W
JF4F...........  39 deg.30' N        73 deg.30' W
JF4G...........  40 deg.00' N        73 deg.30' W
JF4H...........  40 deg.00' N        74 deg.00' W        (\1\)
JF4A...........  40 deg.30' N        74 deg.00' W        (\1\)
------------------------------------------------------------------------
\1\ Points JF4H and JF4A are connected following 74  deg.W longitude and
  the easternmost shoreline of New Jersey, whichever is furthest east.

    (ii) March-April River Herring Monitoring/Avoidance Areas. The 
March-April River Herring Monitoring/Avoidance Areas include five sub-
areas. Each sub-area includes the waters bounded by the coordinates 
below, connected in the order listed by straight lines unless otherwise 
noted.
    (A) March-April River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
MA1A.................  43 deg.00' N              71 deg.00' W
MA1B.................  43 deg.00' N              70 deg.30' W
MA1C.................  42 deg.30' N              70 deg.30' W
MA1D.................  42 deg.30' N              71 deg.00' W
MA1A.................  43 deg.00' N              71 deg.00' W
------------------------------------------------------------------------

    (B) March-April River Herring Monitoring/Avoidance Sub-Area 2.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
MA2A.................  42 deg.00' N              70 deg.00' W

[[Page 899]]

 
MA2B.................  42 deg.00' N              69 deg.30' W
MA2C.................  41 deg.30' N              69 deg.30' W
MA2D.................  41 deg.30' N              70 deg.00' W
MA2A.................  42 deg.00' N              70 deg.00' W
------------------------------------------------------------------------

    (C) March-April River Herring Monitoring/Avoidance Sub-Area 3.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
MA3A...........  41 deg.00' N        (\1\)
MA3B...........  41 deg.00' N        71 deg.00' W
MA3C...........  40 deg.30' N        71 deg.00' W
MA3D...........  40 deg.30' N        71 deg.30' W
MA3E...........  40 deg.00' N        71 deg.30' W
MA3F...........  40 deg.00' N        72 deg.30' W
MA3G...........  (\2\)               72 deg.30' W        (\3\)
MA3A...........  41 deg.00' N        (\1\)               (\3\)
------------------------------------------------------------------------
\1\ The easternmost shoreline of Long Island, New York.
\2\ The southernmost shoreline of Long Island, New York.
\3\ Points MA3G and MA3A are connected following the southern shoreline
  of Long Island, New York.

    (D) March-April River Herring Monitoring/Avoidance Sub-Area 4.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
MA4A.................  40 deg.00' N              73 deg.30' W
MA4B.................  40 deg.00' N              72 deg.30' W
MA4C.................  39 deg.00' N              72 deg.30' W
MA4D.................  39 deg.00' N              73 deg.30' W
MA4A.................  40 deg.00' N              73 deg.30' W
------------------------------------------------------------------------

    (E) March-April River Herring Monitoring/Avoidance Sub-Area 5.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
MA5A...........  40 deg.30' N        74 deg.00' W
MA5B...........  40 deg.30' N        73 deg.30' W
MA5C...........  40 deg.00' N        73 deg.30' W
MA5D...........  40 deg.00' N        74 deg.00' W        (\1\)
MA5A...........  40 deg.30' N        74 deg.00' W        (\1\)
------------------------------------------------------------------------
\1\ Points MA5D and MA5A are connected following 74  deg.W longitude and
  the easternmost shoreline of New Jersey, whichever is furthest east.

    (iii) May-June River Herring Monitoring/Avoidance Areas. The May-
June River Herring Monitoring/Avoidance Areas include two sub-areas. 
Each sub-area includes the waters bounded by the coordinates below, 
connected in the order listed by straight lines unless otherwise noted.
    (A) May-June River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
MJ1A.................  44 deg.00' N              69 deg.30' W
MJ1B.................  44 deg.00' N              69 deg.00' W
MJ1C.................  43 deg.30' N              69 deg.00' W
MJ1D.................  43 deg.30' N              69 deg.30' W
MJ1A.................  44 deg.00' N              69 deg.30' W
------------------------------------------------------------------------

    (B) May-June River Herring Monitoring/Avoidance Sub-Area 2.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
MJ2A.................  42 deg.00' N              70 deg.00' W
MJ2B.................  42 deg.00' N              69 deg.30' W
MJ2C.................  41 deg.30' N              69 deg.30' W
MJ2D.................  41 deg.30' N              70 deg.00' W
MJ2A.................  42 deg.00' N              70 deg.00' W
------------------------------------------------------------------------

    (iv) July-August River Herring Monitoring/Avoidance Areas. The July-
August River Herring Monitoring/Avoidance Areas include two sub-areas. 
Each sub-area includes the waters bounded by the coordinates below, 
connected in the order listed by straight lines unless otherwise noted.
    (A) July-August River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
JA1A...........  44 deg.00' N        70 deg.00' W
JA1B...........  44 deg.00' N        69 deg.30' W
JA1C...........  43 deg.00' N        69 deg.30' W
JA1D...........  43 deg.00' N        70 deg.00' W        (\1\)
JA1A...........  44 deg.00' N        70 deg.00' W        (\1\)
------------------------------------------------------------------------
\1\ The boundary from Points JA1D to JA1A excludes the portions Maquoit
  Bay and Middle Bay (Brunswick, ME) east of 70 deg.00' W.

    (B) July-August River Herring Monitoring/Avoidance Sub-Area 2.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
JA2A.................  44 deg.00' N              69 deg.00' W
JA2B.................  44 deg.00' N              68 deg.30' W
JA2C.................  43 deg.30' N              68 deg.30' W
JA2D.................  43 deg.30' N              69 deg.00' W
JA2A.................  44 deg.00' N              69 deg.00' W
------------------------------------------------------------------------

    (v) September-October River Herring Monitoring/Avoidance Areas. The 
September-October River Herring Monitoring/Avoidance Areas include two 
sub-areas. Each sub-area includes the waters bounded by the coordinates 
below, connected in the order listed by straight lines unless otherwise 
noted.
    (A) September-October River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
SO1A...........  44 deg.30' N        68 deg.00' W
SO1B...........  44 deg.30' N        (\1\)               (\2\)
SO1C...........  44 deg.00' N        (\3\)               (\2\)
SO1D...........  44 deg.00' N        68 deg.00' W
SO1A...........  44 deg.30' N        68 deg.00' W
------------------------------------------------------------------------
\1\ The intersection of 44 deg.30' N and the U.S.-Canada Maritime
  Boundary.
\2\ Point SO1B and Point SO1C are connected along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 44 deg.00' N and the U.S.-Canada Maritime
  Boundary.

    (B) September-October River Herring Monitoring/Avoidance Sub-Area 2.

[[Page 900]]



------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
SO2A.................  43 deg.00' N              71 deg.00' W
SO2B.................  43 deg.00' N              70 deg.30' W
SO2C.................  42 deg.30' N              70 deg.30' W
SO2D.................  42 deg.30' N              71 deg.00' W
SO2A.................  43 deg.00' N              71 deg.00' W
------------------------------------------------------------------------

    (vi) November-December River Herring Monitoring/Avoidance Areas. The 
November-December River Herring Monitoring/Avoidance Areas include two 
sub-areas. Each sub-area includes the waters bounded by the coordinates 
below, connected in the order listed by straight lines unless otherwise 
noted.
    (A) November-December River Herring Monitoring/Avoidance Sub-Area 1.

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
ND1A...........  43 deg.00' N        71 deg.00' W
ND1B...........  43 deg.00' N        70 deg.00' W
ND1C...........  42 deg.00' N        70 deg.00' W
ND1D...........  42 deg.00' N        69 deg.30' W
ND1E...........  41 deg.30' N        69 deg.30' W
ND1F...........  41 deg.30' N        70 deg.00' W
ND1G...........  (\1\)               70 deg.00' W        (\3\)
ND1H...........  42 deg.00' N        (\2\)               (\3\)
ND1I...........  42 deg.00' N        70 deg.30' W
ND1J...........  42 deg.30' N        70 deg.30' W
ND1K...........  42 deg.30' N        71 deg.00' W
ND1A...........  43 deg.00' N        71 deg.00' W
------------------------------------------------------------------------
\1\ The south-facing shoreline of Cape Cod, Massachusetts.
\2\ The west-facing shoreline of Cape Cod, Massachusetts.
\3\ Point ND1G and ND1H are connected following the coastline of Cape
  Cod, Massachusetts.

    (B) November-December River Herring Monitoring/Avoidance Sub-Area 2.

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
ND2A.................  41 deg.30' N              72 deg.00' W
ND2B.................  41 deg.30' N              70 deg.00' W
ND2C.................  40 deg.30' N              70 deg.00' W
ND2D.................  40 deg.30' N              70 deg.30' W
ND2E.................  41 deg.00' N              70 deg.30' W
ND2F.................  41 deg.00' N              72 deg.00' W
ND2A.................  41 deg.30' N              72 deg.00' W
------------------------------------------------------------------------

    (5) Gulf of Maine Modified Haddock Stock Area. The Gulf of Maine 
Modified Haddock Stock Area is composed of the portions of Greater 
Atlantic Region Statistical Areas #464, #465, #511, #512, #513, #514, 
and #515 in U.S. waters, and is defined by the following points 
connected in the order listed by straight lines unless otherwise noted:

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
A..............  (\1\)               67 deg.00' W
B..............  (\2\)               67 deg.00' W        (\3\)
C..............  42 deg.20' N        (\4\)               (\3\)
D..............  42 deg.20' N        70 deg.00' W
E..............  (\5\)               70 deg.00' W        (\6\)
A..............  (\1\)               67 deg.00' W        (\6\)
------------------------------------------------------------------------
\1\ The intersection of 67 deg.00' W longitude and the southern coast of
  Maine.
\2\ The intersection of 67 deg.00' W longitude and the U.S.-Canada
  Maritime Boundary.
\3\ From POINT B to POINT C along the U.S.-Canada Maritime Boundary.
\4\ The intersection of 42 deg.20' N latitude and the U.S.-Canada
  Maritime Boundary.
\5\ The intersection of 70 deg.00' W longitude and the northeast-facing
  shoreline of Cape Cod, Massachusetts.
\6\ From POINT E back to POINT A along the coastline of the United
  States.

    (6) Georges Bank Modified Haddock Stock Area. The Georges Bank 
Modified Haddock Stock Area is composed of Greater Atlantic Region 
Statistical Areas #521, #522, #525, #526, #561, and #562, and is defined 
by the following points connected in the order listed by straight lines 
unless otherwise noted:

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
A..............  42 deg.20' N        70 deg.00' W
B..............  42 deg.20' N        (\1\)               (\2\)
C..............  40 deg.30' N        (\3\)               (\2\)
D..............  40 deg.30' N        66 deg.40' W
E..............  39 deg.50' N        66 deg.40' W
F..............  39 deg.50' N        70 deg.00' W        (\4\)
A..............  42 deg.20' N        70 deg.00' W        (\4\)
------------------------------------------------------------------------
\1\ The intersection of 42 deg.20' N latitude and the U.S.-Canada
  Maritime Boundary.
\2\ From POINT B to POINT C following the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40 deg.30' N latitude and the U.S.-Canada
  Maritime Boundary.
\4\ From POINT F back to POINT A along 70 deg.00' W longitude and the
  coastlines of Nantucket Island and mainland Cape Cod, Massachusetts,
  whichever is further east.

    (7) River herring and shad catch cap areas--(i) Gulf of Maine Catch 
Cap Area. The Gulf of Maine Catch Cap Area is composed of the portions 
of Greater Atlantic Region Statistical Areas #464, #465, #467, #511, 
#512, #513, #514, and #515 in U.S. waters. The Gulf of Maine Catch Cap 
Area is bounded on the west by the coastline of the United States, 
bounded on the east by the U.S.-Canada Maritime Boundary, and bounded on 
the south by the following coordinates connected by straight lines in 
the order listed:

------------------------------------------------------------------------
        Point                  Latitude                 Longitude
------------------------------------------------------------------------
A....................  (\1\)                     70 deg.00' W
B....................  42 deg.20' N              70 deg.00' W
C....................  42 deg.20' N              (\2\)
------------------------------------------------------------------------
\1\ The intersection of 70 deg.00' W longitude and the northwest facing
  shoreline of Cape Cod, Massachusetts
\2\ The intersection of 42 deg.00' N latitude and the U.S.-Canada
  Maritime Boundary.

    (ii) Cape Cod Catch Cap Area. The Cape Cod Catch Cap Area is 
composed of Greater Atlantic Region Statistical

[[Page 901]]

Area #521, and is defined by the following points connected in the order 
listed by straight lines unless otherwise noted:

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
A..............  (\1\)               70 deg.00' W
B..............  42 deg.20' N        70 deg.00' W
C..............  42 deg.20' N        68 deg.50' W
D..............  41 deg.00' N        68 deg.50' W
E..............  41 deg.00' N        69 deg.30' W
F..............  41 deg.10' N        69 deg.30' W
G..............  41 deg.10' N        69 deg.50' W
H..............  41 deg.20' N        69 deg.50' W
I..............  41 deg.20' N        (\2\)               (\3\)
J..............  (\4\)               70 deg.00' W        (\3\)
K..............  (\5\)               70 deg.00' W        (\6\)
A..............  (\1\)               70 deg.00' W        (\6\)
------------------------------------------------------------------------
\1\ The intersection of 70 deg.00' W longitude and the northeast-facing
  shoreline of Cape Cod, Massachusetts
\2\ The intersection of 41 deg.20' N latitude and the northeast-facing
  shoreline of Nantucket Island.
\3\ From Point I to Point J along the northeast-facing shoreline of
  Nantucket Island.
\4\ The intersection of 70 deg.00' W longitude and the northeast-facing
  shoreline of Nantucket Island.
\5\ The intersection of 70 deg.00' W longitude and the south-facing
  shoreline of mainland Cape Cod, Massachusetts.
\6\ From Point K back to Point A along the east-facing shoreline of Cape
  Cod, Massachusetts.

    (iii) Georges Bank Catch Cap Area. The Georges Bank Catch Cap Area 
is composed of the portions of Greater Atlantic Region Statistical Areas 
#522, #525, #526, #541, #542, #543, #561, #562, and #640 in U.S. waters, 
and is defined by the following points, connected in the order listed by 
straight lines unless otherwise noted:

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
A..............  (\1\)               70 deg.00' W
B..............  (\2\)               70 deg.00' W        (\3\)
C..............  41 deg.20' N        (\4\)               (\3\)
D..............  41 deg.20' N        69 deg.50' W
E..............  41 deg.10' N        69 deg.50' W
F..............  41 deg.10' N        69 deg.30' W
G..............  41 deg.00' N        69 deg.30' W
H..............  41 deg.00' N        68 deg.50' W
I..............  42 deg.20' N        68 deg.50' W
J..............  42 deg.20' N        (\5\)               (\6\)
A..............  (\1\)               70 deg.00' W        (\6\)
------------------------------------------------------------------------
\1\ The intersection of 70 deg.00' W longitude and the outer limit of
  the U.S. Exclusive Economic Zone.
\2\ The intersection of 70 deg.00' W longitude and the south-facing
  shoreline of Nantucket Island.
\3\ From Point B to Point C along the south- and east-facing shorelines
  of Nantucket Island.
\4\ The intersection of 41 deg.20' N latitude and the northeast-facing
  shoreline of Nantucket Island.
\5\ The intersection of 42 deg.20' N latitude and the U.S.-Canada
  Maritime Boundary.
\6\ From Point J back to Point A along the U.S.-Canada Maritime Boundary
  and the outer limit of the U.S. Exclusive Economic Zone.

    (iv) Southern New England/Mid-Atlantic Catch Cap Area. The 
coordinates of this area are the same as Management Area 2 (South 
Coastal Area), as specified in paragraph (f)(2) of this section.
    (8) River herring and shad catch cap closure areas--(i) Gulf of 
Maine Catch Cap Closure Area. The coordinates of this area are the same 
as the Gulf of Maine Catch Cap Area, as specified in paragraph (f)(7)(i) 
of this section.
    (ii) Cape Cod Catch Cap Closure Area. The coordinates of this area 
are the same as the Cape Cod Catch Cap Area, as specified in paragraph 
(f)(7)(ii) of this section.
    (iii) Georges Bank Catch Cap Closure Area. The coordinates of this 
area are the same as the Georges Bank Catch Cap Area, as specified in 
paragraph (f)(7)(iii) of this section.
    (iv) Southern New England/Mid-Atlantic Catch Cap Closure Area. The 
Southern New England/Mid-Atlantic Catch Cap Closure Area is composed of 
the portions of Greater Atlantic Region Statistical Areas #537, #538, 
#539, #611, #612, #613, #614, #615, #616, #621, #622, #623, #625, #626, 
#627, #631, #632, #635, and #636 in US waters, and is defined by the 
following coordinates, connected by straight lines in the order listed 
unless otherwise noted:

------------------------------------------------------------------------
     Point            Latitude            Longitude            Note
------------------------------------------------------------------------
A..............  35 deg.00' N        (\1\)
B..............  35 deg.00' N        74 deg.00' W
C..............  37 deg.00' N        74 deg.00' W
D..............  37 deg.00' N        73 deg.00' W
E..............  38 deg.00' N        73 deg.00' W
F..............  38 deg.00' N        72 deg.00' W
G..............  39 deg.00' N        72 deg.00' W
H..............  39 deg.00' N        71 deg.40' W
I..............  39 deg.50' N        71 deg.40' W
J..............  39 deg.50' N        70 deg.00' W
K..............  (\2\)               70 deg.00' W        (\3\)
A..............  35 deg.00' N        (\1\)               (\3\)
------------------------------------------------------------------------
\1\ The intersection of 35 deg.00' N latitude and the mainland shoreline
  of North Carolina.
\2\ The intersection of 70 deg.00' W longitude and the south-facing
  shoreline of mainland Cape Cod, Massachusetts.
\3\ From Point K back to Point A along the mainland shoreline of the
  United States.

    (g) All aspects of the following measures can be modified through 
the specifications process:
    (1) AMs;
    (2) Possession limits;
    (3) River Herring Monitoring/Avoidance Areas; and
    (4) River herring and shad catch caps.

[72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 
FR 11379, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8815, Feb. 13, 
2014; 79 FR 71968, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 81 FR 
19054, Apr. 4, 2016]

[[Page 902]]



Sec. 648.201  AMs and harvest controls.

    (a) AMs--(1) Herring sub-ACLs and ACL--(i) Management area closure. 
If NMFS projects that catch will reach 92 percent of the annual sub-ACL 
allocated to a management area before the end of the fishing year, or 92 
percent of the Area 1A or Area 1B sub-ACL allocated to a seasonal period 
as set forth in paragraph (d) of this section, NMFS shall prohibit 
vessels, beginning the date the catch is projected to reach 92 percent 
of the sub-ACL, from fishing for, possessing, catching, transferring, or 
landing more than 2,000 lb (907.2 kg) of Atlantic herring per trip in 
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.
    (ii) Herring fishery closure. If NMFS projects that catch will reach 
95 percent of the ACL before the end of the fishing year, NMFS shall 
prohibit vessels, beginning the date the catch is projected to reach 95 
percent of the ACL, from fishing for, possessing, catching, 
transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic 
herring per trip in all herring management areas, 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.
    (2) When the Regional Administrator has determined that the GOM and/
or GB incidental catch cap for haddock in Sec. 648.85(d) has been 
caught, no vessel issued a Federal Atlantic herring permit and fishing 
with midwater trawl gear in the applicable Accountability Measure (AM) 
Area, i.e., the Herring GOM Haddock AM Area or Herring GB Haddock AM 
Area, as defined in Sec. 648.86(a)(3)(ii)(A)(2) and (3) of this part, 
may fish for, possess, or land herring in excess of 2,000 lb (907.2 kg) 
per trip in or from the applicable AM Area, and from landing herring 
more than once per calendar day, unless all herring possessed and landed 
by a vessel were caught outside the applicable AM Area and the vessel's 
gear is not available for immediate use as defined in Sec. 648.2 while 
transiting the applicable AM Area. Upon this determination, the haddock 
possession limit is reduced to 0 lb (0 kg) in the applicable AM area for 
a vessel issued a Federal Atlantic herring permit and fishing with 
midwater trawl gear or for a vessel issued an All Areas Limited Access 
Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit 
fishing on a declared herring trip, regardless of area fished or gear 
used, in the applicable AM area, unless the vessel also possesses a 
Northeast multispecies permit and is operating on a declared (consistent 
with Sec. 648.10(g)) Northeast multispecies trip.
    (3) ACL overage deduction. If NMFS determines that total catch 
exceeded any ACL or sub-ACL for a fishing year, then the amount of the 
overage shall be subtracted from that ACL or sub-ACL for the fishing 
year following total catch determination. NMFS shall make such 
determinations and implement any changes to ACLs or sub-ACLs, in 
accordance with the APA, through notification in the Federal Register, 
prior to the start of the fishing year, if possible, during which the 
reduction would occur.
    (4) River herring and shad catch cap. (i) The catch from all trips 
that land more than 6,600 lb (3 mt) of herring shall apply to the river 
herring and shad catch cap in the herring fishery. Caps by gear and by 
area shall be established through the specifications process described 
in Sec. 648.201.
    (ii) Beginning on the date that NMFS projects that river herring and 
shad catch will reach 95 percent of a catch cap for specified gear 
applicable to an area specified in Sec. 648.200(f)(7) for the remainder 
of the fishing year, NMFS shall prohibit vessels from fishing for, 
possessing, catching, transferring, or landing more than 2,000 lb (907.2 
kg) of Atlantic herring per trip using the applicable gear in the 
applicable catch cap closure area, specified in Sec. 648.200(f)(8), and 
from landing herring more than once per calendar day, except as provided 
in paragraphs (b) and (c) of this section. NMFS shall implement these 
restrictions in accordance with the APA.
    (b) A vessel may transit an area that is limited to the 2,000-lb 
(907.2-kg) limit

[[Page 903]]

specified in paragraph (a) of this section with 2,000 lb 
(907.2 kg) of herring on board, provided such herring were caught in an 
area or areas not subject to the 2,000-lb (907.2-kg) limit specified in 
paragraph (a) of this section, and that all fishing gear is stowed and 
not available for immediate use as defined in Sec. 648.2, and provided 
the vessel is issued a vessel permit appropriate to the amount of 
herring on board and the area where the herring was harvested.
    (c) A vessel may land in an area that is limited to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section with 
2,000 lb (907.2 kg) of herring on board, provided such 
herring were caught in an area or areas not subject to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section, and that 
all fishing gear is stowed and not available for immediate use as 
defined in Sec. 648.2, and provided the vessel is issued a vessel 
permit appropriate to the amount of herring on board and the area where 
the herring was harvested.
    (d) Seasonal sub-ACL periods. The sub-ACL for each herring 
management area may be divided into seasonal periods by month. Seasonal 
sub-ACLs for herring management areas, including the specification of 
the seasonal periods, shall be set through the annual specification 
process described at Sec. 648.200. The seasonal allocation of sub-ACLs 
are as follows:
    (1) Area 1A: Zero percent available for harvest during January-May; 
100 percent available for harvest during June-December.
    (2) Area 1B: Zero percent available for harvest during January-
April; 100 percent available for harvest during May-December.
    (3) Area 2: 100 percent available for harvest during January-
December.
    (4) Area 3: 100 percent available for harvest during January-
December.
    (e) A vessel may transit an area that has zero percent sub-ACL 
available for harvest specified in paragraph (d) of this section with 
herring on board, provided such herring were caught in an area or areas 
with sub-ACL available specified in paragraph (d) of this section, that 
all fishing gear is stowed and not available for immediate use as 
defined in Sec. 648.2, and the vessel is issued a permit that 
authorizes the amount of herring on board for the area where the herring 
was harvested.
    (f) Up to 500 mt of the Area 1A sub-ACL shall be allocated for the 
fixed gear fisheries in Area 1A (weirs and stop seines) that occur west 
of 67 deg.16.8' W. long (Cutler, Maine). This set-aside shall be 
available for harvest by fixed gear within the specified area until 
November 1 of each fishing year. Any portion of this allocation that has 
not been utilized by November 1 shall be restored to the sub-ACL 
allocation for Area 1A.
    (g) Carryover. Subject to the conditions described in this paragraph 
(g), unharvested catch in a herring management area in a fishing year 
(up to 10 percent of that area's sub-ACL) shall be carried over and 
added to the sub-ACL for that herring management area for the fishing 
year following the year when total catch is determined. For example, 
NMFS will determine total catch from Year 1 during Year 2, and will add 
carryover to the applicable sub-ACL(s) in Year 3. All such carryover 
shall be based on the herring management area's initial sub-ACL 
allocation for the fishing year, not the sub-ACL as increased by 
carryover or decreased by an overage deduction, as specified in 
paragraph (a)(3) of this section. All herring landed from a herring 
management area shall count against that area's sub-ACL, as increased by 
carryover. For example, if 500 mt of herring is added as carryover to a 
5,000 mt sub-ACL, catch in that management area would be tracked against 
a total sub-ACL of 5,500 mt. NMFS shall add sub-ACL carryover only if 
the ACL, specified consistent with Sec. 648.200(b)(3), for the fishing 
year in which there is unharvested herring, is not exceeded. The ACL, 
consistent with Sec. 648.200(b)(3), shall not be increased by carryover 
specified in this paragraph (g).

[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]



Sec. 648.202  Season and area restrictions.

    (a) Purse Seine/Fixed Gear Only Area. Vessels fishing for Atlantic 
herring may not use, deploy, or fish with

[[Page 904]]

midwater trawl gear in Area 1A from June 1 September 30 of each fishing 
year. A limited access herring 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 
Sec. 648.2. Vessels may use any authorized gear type to harvest herring 
in Area 1A from October 1 - May 31.
    (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 Closed Area I, Closed Area II, Nantucket Lightship Closed 
Area, Cashes Ledge Closure Area, Western GOM Closure Area, as defined in 
Sec. 648.81(a) through (e), respectively, unless it has declared first 
its intent to fish in the Closed Areas as required by Sec. 
648.11(m)(1), and is carrying onboard a NMFS-approved 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 
Sec. 648.2, except in the following circumstances:
    (i) The vessel operator has determined, and the preponderance of 
available evidence indicates that, there is a compelling safety reason; 
or
    (ii) A mechanical failure, including gear damage, precludes bringing 
some or all of the catch on board the vessel for inspection; or,
    (iii) The vessel operator determines that pumping becomes impossible 
as a result of spiny dogfish clogging the pump intake. The vessel 
operator shall take reasonable measures, such as strapping and splitting 
the net, to remove all fish which can be pumped from the net prior to 
release.
    (3) Vessels may make test tows without pumping catch on board if the 
net is re-set without releasing its contents provided that all catch 
from test tows is available to the observer to sample when the next tow 
is brought on board.
    (4) If catch is slipped or operational discarded by a vessel, the 
vessel operator must:
    (i) Stop fishing and immediately exit the Closed Areas. Once the 
vessel has exited the Closed Areas, it may continue to fish, but may not 
fish inside the Closed Areas for the remainder of that trip.
    (ii) Complete and sign a Released Catch Affidavit detailing: The 
vessel name and permit number; the VTR serial number; where, when, and 
for what reason the catch was released; the estimated weight of each 
species brought on board or released on that tow. A completed affidavit 
must be submitted to NMFS within 48 hr of the end of the trip.
    (iii) Report slippage events on the Atlantic herring daily VMS catch 
report and indicate the reason for slipping catch if the vessel was 
issued a limited access herring permit.
    (iv) Comply with the measures to address slippage specified in Sec. 
648.11(m)(4)(iv) and (v) if the vessel was issued an All Areas or Areas 
2/3 Limited Access Herring Permit.

[72 FR 11277, Mar. 12, 2007, as amended at 79 FR 8816, Feb. 13, 2014; 79 
FR 52580, Sept. 4, 2014; 81 FR 19054, Apr. 4, 2016]



Sec. 648.203  Gear restrictions.

    (a) Midwater trawl gear may only be used by a vessel issued a valid 
herring permit in the GOM/GB Exemption Area as defined in Sec. 
648.80(a)(17), and in the Nantucket Lightship Area as described in Sec. 
648.81(c)(1), provided it complies with the midwater trawl gear 
exemption requirements specified under the NE multispecies regulations 
at Sec. 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 Sec. 
648.80(a)(17), provided it complies with the purse seine exemption 
requirements specified under the NE multispecies requirements at Sec. 
648.80(e), including issuance of a Letter of Authorization.



Sec. 648.204  Possession restrictions.

    (a) A vessel must be issued and possess a valid limited access 
herring permit to fish for, possess, or land more than 6,600 lb (3 mt) 
of Atlantic herring from any herring management area in the EEZ, 
provided none of the harvest restrictions specified in Sec. 648.201 has 
been implemented.

[[Page 905]]

    (1) A vessel issued an All Areas Limited Access Herring Permit may 
fish for, possess, or land Atlantic herring with no possession 
restriction from any of the herring management areas defined in Sec. 
648.200(f), provided none of the accountability measures or harvest 
restrictions specified in Sec. 648.201 have been implemented.
    (2) A vessel issued only an Areas 2 and 3 Limited Access Herring 
Permit may fish for, possess, or land Atlantic herring with no 
possession restriction only from Area 2 or Area 3, as defined in Sec. 
648.200(f), provided none of the accountability measures or harvest 
restrictions specified in Sec. 648.201 have been implemented. Such a 
vessel may fish in Area 1 only if issued an open access herring permit 
or a Limited Access Incidental Catch Herring Permit, and only as 
authorized by the respective permit.
    (3) A vessel issued a Limited Access Incidental Catch 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 
Sec. 648.200(f), provided none of the accountability measures or 
harvest restrictions specified in Sec. 648.201 have been implemented.
    (4) A vessel issued an All Areas Open Access 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 Sec. 648.201 have been 
implemented.
    (5) A vessel issued an Areas 2/3 Open Access Permit may fish for, 
possess, or land up to, but no more than, 20,000 lb (9 mt) of Atlantic 
herring from only Area 2 or Area 3, as defined in Sec. 648.200(f), per 
trip, and is limited to one landing of herring per calendar day, 
provided none of the accountability measures or harvest restrictions 
specified in Sec. 648.201 have been implemented.
    (6) A vessel issued a herring permit may possess herring roe 
provided that the carcasses of the herring from which it came are not 
discarded at sea.
    (b) Each vessel working cooperatively in the herring fishery, 
including vessels pair trawling, purse seining, and transferring herring 
at-sea, must be issued a valid herring permit to fish for, possess, or 
land Atlantic herring and are subject to the most restrictive herring 
possession limit associated with the permits issued to vessels working 
cooperatively.

[72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11380, Mar. 2, 2011; 79 
FR 8816, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014]



Sec. 648.205  VMS requirements.

    The owner or operator of any limited access herring vessel or vessel 
issued an Areas 2/3 Open Access Permit, with the exception of fixed gear 
fishermen, must install and operate a VMS unit consistent with the 
requirements of Sec. 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 Sec. 
648.10(m) for VMS notification requirements.)

[79 FR 8816, Feb. 13, 2014]



Sec. 648.206  Framework provisions.

    (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 Sec. 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

[[Page 906]]

proposed, or approve of the measures and begin developing the necessary 
documents to support the framework adjustments. If the Council approves 
the proposed framework adjustments, the Council shall identify, at this 
meeting, a preferred alternative and/or identify the possible 
alternatives.
    (3) A framework document shall be prepared that discusses and shows 
the impacts of the alternatives. It shall be available to the public 
prior to the second or final framework meeting.
    (4) After developing management actions and receiving public 
testimony, the Council shall make a recommendation to NMFS. The 
Council's recommendation must include supporting rationale and, if 
changes to the management measures are recommended, an analysis of 
impacts and a recommendation to NMFS on whether to issue the management 
measures as a final rule. If the Council recommends that the management 
measures should be issued as a final rule, the Council must consider at 
least the following factors and provide support and analysis for each 
factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (5) If the Council's recommendation to NMFS includes adjustments or 
additions to management measures, after reviewing the Council's 
recommendation and supporting information NMFS may:
    (i) Concur with the Council's recommended management measures and 
determine that the recommended management measures should be published 
as a final rule in the Federal Register based on the factors specified 
in paragraphs (c)(4)(i)-(iv) of this section.
    (ii) Concur with the Council's recommendation and determine that the 
recommended management measures should be first published as a proposed 
rule in the Federal Register. After additional public comment, if NMFS 
concurs with the Council's recommendation, the measures shall be issued 
as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council shall be notified in 
writing of the reasons for the non-concurrence.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action include:
    (1) Management area boundaries or additional management areas;
    (2) Size, timing, or location of new or existing spawning area 
closures;
    (3) Closed areas other than spawning closures;
    (4) Restrictions in the amount of fishing time;
    (5) A days-at-sea system;
    (6) Adjustments to specifications;
    (7) Adjustments to the Canadian catch deducted when determining 
specifications;
    (8) Distribution of the ACL;
    (9) Gear restrictions (such as mesh size, etc.) or requirements 
(such as bycatch-reduction devices, etc.);
    (10) Vessel size or horsepower restrictions;
    (11) Closed seasons;
    (12) Minimum fish size;
    (13) Trip limits;
    (14) Seasonal, area, or industry sector quotas;
    (15) Measures to describe and identify essential fish habitat (EFH), 
fishing gear management measures to protect EFH, and designation of 
habitat areas of particular concern within EFH;
    (16) Measures to facilitate aquaculture, such as minimum fish sizes, 
gear restrictions, minimum mesh sizes, possession limits, tagging 
requirements, monitoring requirements, reporting requirements, permit 
restrictions, area closures, establishment of special management areas 
or zones,

[[Page 907]]

and any other measures included in the FMP;
    (17) Changes to the overfishing definition;
    (18) Vessel monitoring system requirements;
    (19) Limits or restrictions on the harvest of herring for specific 
uses;
    (20) Quota monitoring tools, such as vessel, operator, or dealer 
reporting requirements;
    (21) Permit and vessel upgrading restrictions;
    (22) Implementation of measures to reduce gear conflicts, such as 
mandatory monitoring of a radio channel by fishing vessels, gear 
location reporting by fixed gear fishermen, mandatory plotting of gear 
by mobile fishermen, standards of operation when conflict occurs, fixed 
gear marking or setting practices; gear restrictions for certain areas, 
vessel monitoring systems, restrictions on the maximum number of fishing 
vessels, and special permitting conditions;
    (23) Limited entry or controlled access system;
    (24) Specification of the amount of herring to be used for roe
    (25) In-season adjustments to ACLs;
    (26) Measures to address bycatch and bycatch monitoring;
    (27) Requirements for a herring processor survey;
    (28) ACL set-aside amounts, provisions, adjustments;
    (29) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs;
    (30) AMs;
    (31) Changes to vessel trip notification and declaration 
requirements;
    (32) Adjustments to measures to address slippage, including sampling 
requirements;
    (33) River Herring Monitoring/Avoidance Areas;
    (34) Provisions for river herring catch avoidance program, including 
adjustments to the mechanism and process for tracking fleet activity, 
reporting catch events, compiling data, and notifying the fleet of 
changes to the area(s); the definition/duration of `test tows,' if test 
tows would be utilized to determine the extent of river herring catch in 
a particular area(s); the threshold for river herring catch that would 
trigger the need for vessels to be alerted and move out of the area(s); 
the distance that vessels would be required to move from the area(s); 
and the time that vessels would be required to remain out of the 
area(s).
    (35) Changes to criteria/provisions for access to Northeast 
Multispecies Closed Areas;
    (36) River herring and shad catch caps, including species-specific 
caps, and vessels, permits, trips, gears, and areas to which caps apply;
    (37) River herring and shad Catch Cap Areas and Catch Cap Closure 
Areas; and
    (38) Any other measure currently included in the FMP.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[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]



Sec. 648.207  Herring Research Set-Aside (RSA).

    (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.

[[Page 908]]

    (c) NMFS shall convene a review panel, including technical experts, 
to review proposals submitted in response to the RFP. Each panel member 
shall recommend which research proposals should be authorized to utilize 
RSA, based on the selection criteria described in the RFP.
    (d) NMFS shall consider each panel member's recommendation, provide 
final approval of the projects and the Regional Administrator may, when 
appropriate, exempt selected vessel(s) from regulations specified in 
each of the respective FMPs through written notification to the project 
proponent.
    (e) The grant awards approved under the RFPs shall be for the 
upcoming 3 fishing years, unless the Council identifies new/different 
research priorities during the interim years and decides to publish a 
second RFP. Proposals to fund research that would start prior to, or 
that would end after the fishing year, are not eligible for 
consideration. The RSA must be utilized in the same fishing year in 
which it was distributed (i.e., RSA and compensation trips cannot be 
rolled over into future years). However, the money generated from the 
RSA may be rolled over into, or used to fund research in future years, 
consistent with the multi-year proposal.
    (f) Whenever possible, research proposals shall be reviewed and 
approved prior to the publication of final quota specifications for the 
upcoming fishing years. In the event that the approved proposals do not 
make use of any or all of the set-asides, the unutilized portion of the 
set-aside shall be reallocated back to its respective management area(s) 
when the final specifications are published. If there is unutilized set-
aside available, NMFS, at the request of the Council, could publish 
another RFP for either the second or third years of the 3-year 
specifications. In this case, NMFS shall release the unutilized portion 
of the RSA back to its respective management area(s) for the first year 
of the specifications and any other year that yields unutilized set-
aside after an additional RFP is published. The Council also may decide 
not to publish another RFP, in which case NMFS may release the 
unutilized portion of the set-aside back to its respective management 
area(s) for all 3 fishing years covered by the specifications.
    (g) If a proposal is approved, but a final award is not made by 
NMFS, or if NMFS determines that the allocated RSA cannot be utilized by 
a project, NMFS shall reallocate the unallocated or unused amount of the 
RSA to the respective sub-ACL, in accordance with the APA, provided that 
the RSA can be available for harvest before the end of the fishing year 
for which the RSA is specified.
    (h) Any RSA reallocated under paragraphs (f) and (g) of this section 
may not be used solely as compensation for research.
    (i) Researchers may apply for the use of more than one herring RAS 
allocation for individual research projects, and may request that the 
set-aside be collected separately from the research trip or as part of 
the research trip. The research compensation trips do not necessarily 
have to be conducted by the same vessel, but must be conducted in the 
management area from which the set-aside was derived.
    (j) No more than 50 percent of the allocated set-aside may be taken 
before the research begins. If a research project is terminated for any 
reason prior to completion, any funds collected from the catch sold to 
pay for research expenses must be refunded to U.S. Treasury.
    (k) NMFS shall provide authorization of the research activities to 
specific vessels by letter of acknowledgement, letter of authorization, 
or Exempted Fishing Permit issued by the Regional Administrator, which 
must be kept on board the vessel.
    (l) Upon completion of herring research projects approved under this 
part, researchers must provide the Council and NMFS with a report of 
research findings, which must include: A detailed description of methods 
of data collection and analysis; a discussion of results and any 
relevant conclusions presented in a format that is understandable to a 
non-technical audience; and a detailed final accounting of all funds 
used to conduct the herring research.

[72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11381, Mar. 2, 2011]

[[Page 909]]



       Subpart L_Management Measures for the Spiny Dogfish Fishery

    Source: 65 FR 1570, Jan. 11, 2000, unless otherwise noted.



Sec. 648.230  Spiny dogfish Annual Catch Limits (ACLs).

    (a) The Spiny Dogfish Monitoring Committee shall recommend to the 
Joint Spiny Dogfish Committee, an ACL for the commercial spiny dogfish 
fishery, which shall equal to the domestic ABC (i.e., the ABC minus 
Canadian catch) recommended by the SSC as specified in Sec. 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.

[76 FR 60642, Sept. 29, 2011]



Sec. 648.231  Spiny dogfish Annual Catch Target (ACT) and Total
Allowable Level of Landings (TAL).

    (a) The Spiny Dogfish Monitoring Committee shall identify and review 
the relevant sources of management uncertainty to recommend an ACT and a 
TAL for the fishery as part of the spiny dogfish specification process 
specified in Sec. 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 Sec. 
648.230(b).

[76 FR 60642, Sept. 29, 2011]



Sec. 648.232  Spiny dogfish specifications.

    (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;

[[Page 910]]

    (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 Sec. 
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 
measures necessary to ensure that the ACL specified in Sec. 648.230 
will not be exceeded in any fishing year, for a period of 1-5 fishing 
years. The Councils' recommendations must include supporting 
documentation, as appropriate, concerning the environmental, economic, 
and other impacts of the recommendations. The Regional Administrator 
shall initiate a review of these recommendations and may modify the 
recommended quota and other management measures to ensure that the ACL 
specified in Sec. 648.230 will not be exceeded in any fishing year, for 
a period of 1-5 fishing years. The Regional Administrator may modify the 
Councils' recommendations using any of the measures that were not 
rejected by both Councils.
    (2) After such review, NMFS shall publish a proposed rule in the 
Federal Register specifying a TAL, adjustments to ACL, ACT, and TAL 
resulting from the accountability measures specified in Sec. 648.233, 
and other measures necessary to ensure that the ACL will not be exceeded 
in any fishing year, for a period of 1-5 fishing years. After 
considering public comments, NMFS shall publish a final rule in the 
Federal Register to implement the TAL and other measures.
    (3) If the annual specifications are not published in the Federal 
Register prior to the start of the fishing year, the previous year's 
annual specifications will remain in effect. The previous year's 
specifications will be replaced by the current year's specifications as 
of the effective date of the final rule implementing the current year's 
specifications.
    (d) [Reserved]
    (e) Landings applied against the commercial quota. All spiny dogfish 
landed for a commercial purpose in the states from Maine through Florida 
shall be applied against the annual coastwide commercial quota, 
regardless of where the spiny dogfish were harvested.
    (f) Research quota. See Sec. 648.22(g).

[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]



Sec. 648.233  Spiny dogfish Accountability Measures (AMs).

    (a) Commercial EEZ closure. The Regional Administrator shall 
determine the date by which the annual coastwide quota described in 
Sec. 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-

[[Page 911]]

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.

[76 FR 60643, Sept. 29, 2011, as amended at 79 FR 41144, July 15, 2014]



Sec. 648.234  Gear restrictions. [Reserved]



Sec. 648.235  Spiny dogfish possession and landing restrictions.

    (a) Possession limit. Vessels issued a valid Federal spiny dogfish 
permit under Sec. 648.4(a)(11) may:
    (1) Possess up to 6,000 lb (2,722 kg) of spiny dogfish per trip; and
    (2) Land only one trip of spiny dogfish per calendar day.
    (b) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart N, of 
this chapter.

[76 FR 60643, Sept. 29, 2011, as amended at 78 FR 25864, May 3, 2013; 79 
FR 41144, July 15, 2014; 79 FR 46378, Aug. 8, 2014; 81 FR 53960, Aug. 
15, 2016]



Sec. 648.236  Special Management Zones. [Reserved]



Sec. Sec. 648.237-648.238  [Reserved]



Sec. 648.239  Spiny dogfish framework adjustments to management
measures.

    (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 mammal entanglements and interactions; regional 
management; 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; any other management measures currently included in the 
Spiny Dogfish FMP; and measures to regulate aquaculture projects. 
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) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils

[[Page 912]]

shall make a recommendation approved by a majority of each Council's 
members, present and voting, to the Regional Administrator. The 
Councils' recommendation must include supporting rationale, an analysis 
of impacts and, if management measures are recommended, a recommendation 
to the Regional Administrator on whether to issue the management 
measures as a final rule. If the Councils recommend that the management 
measures should be issued as a final rule, they must consider at least 
the following factors and provide support and analysis for each factor 
considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Councils' recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule;
    (3) NMFS action. If the Councils' recommendation includes 
adjustments or additions to management measures, then:
    (i) If NMFS concurs with the Councils' recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(b)(2) of this section, then the measures will be issued as a final rule 
in the Federal Register.
    (ii) If NMFS concurs with the Councils' recommendation and 
determines that the recommended management measures should be published 
first as a proposed rule, then the measures will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if NMFS concurs with the Councils' recommendation, then the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Councils will be notified in 
writing of the reasons for the non-concurrence.
    (iv) Framework actions can be taken only in the case where both 
Councils approve the proposed measure.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[76 FR 60643, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37197, June 30, 2015]



Subpart M_Management Measures for the Atlantic Deep-Sea Red Crab Fishery

    Source: 67 FR 63233, Oct. 10, 2002, unless otherwise noted.



Sec. 648.260  Specifications.

    (a) Annual review and specifications process. The Council, the Red 
Crab Plan Development Team (PDT), and the Red Crab Advisory Panel shall 
monitor the status of the red crab fishery and resource.
    (1) The Red Crab PDT shall meet at least once annually during the 
intervening years between Stock Assessment and Fishery Evaluation (SAFE) 
Reports, described in paragraph (b) of this section, to review the 
status of the stock and the fishery. Based on such review, the PDT shall 
provide a report to the Council on any changes or new information about 
the red crab stock and/or fishery, and it shall recommend whether the 
specifications for the upcoming year(s) need to be modified. At a 
minimum, this review shall include a review of at least the following 
data, if available: Commercial catch data; current estimates of fishing 
mortality and catch-per-unit-effort (CPUE); discards; stock status; 
recent estimates of recruitment; virtual population analysis results and 
other estimates of stock size; sea sampling, port sampling, and survey 
data or, if sea sampling data are unavailable, length frequency 
information from port sampling and/or surveys; impact of other fisheries 
on the mortality of red crabs; and any other relevant information.

[[Page 913]]

    (2) If new and/or additional information becomes available, the Red 
Crab PDT shall consider it during this annual review. Based on this 
review, the Red Crab PDT shall provide guidance to the Red Crab 
Committee and the Council regarding the need to adjust measures in the 
Red Crab 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 
Sec. 648.261, or through an amendment to the FMP.
    (3) Based on the annual review, described above, and/or the SAFE 
Report described in paragraph (b) of this section, recommendations for 
acceptable biological catch (ABC) from the Scientific and Statistical 
Committee (SSC), and any other relevant information, the Red Crab PDT 
shall recommend to the Red Crab Committee and Council the following 
specifications for harvest of red crab: an annual catch limit (ACL) set 
less than or equal to ABC; and total allowable landings (TAL) necessary 
to meet the objectives of the FMP in each red crab fishing year, 
specified for a period of up to 3 fishing years.
    (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) Council recommendation--(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 for the start of the fishing year, the previous year's 
specifications shall remain in effect until superseded by the final rule 
implementing the current year's specifications, to ensure that there is 
no lapse in regulations while new specifications are completed.
    (b) SAFE Report. (1) The Red Crab PDT shall prepare a SAFE Report at 
least every 3 yr. Based on the SAFE Report, the Red Crab PDT shall 
develop and present to the Council recommended specifications as defined 
in paragraph (a) of this section for up to 3 fishing years. The SAFE 
Report shall be the primary vehicle for the presentation of all updated 
biological and socio-economic information regarding the red crab 
fishery. The SAFE Report shall provide source data for any adjustments 
to the management measures that may be needed to continue to meet the 
goals and objectives of the FMP.
    (2) In any year in which a SAFE Report is not completed by the Red 
Crab

[[Page 914]]

PDT, the annual review process described in paragraph (a) of this 
section shall be used to recommend any necessary adjustments to 
specifications and/or management measures in the FMP.

[76 FR 60383, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37198, June 30, 2015]



Sec. 648.261  Framework adjustment process.

    (a) To implement a framework adjustment for the Red Crab FMP, the 
Council shall develop and analyze proposed actions over the span of at 
least two Council meetings and provide advance public notice of the 
availability of both the proposals and the analyses. Opportunity to 
provide written and oral comments shall be provided throughout the 
process before the Council submits its recommendations to the Regional 
Administrator.
    (1) In response to an annual review of the status of the fishery or 
the resource by the Red Crab PDT, or at any other time, the Council may 
recommend adjustments to any of the measures proposed by the Red Crab 
FMP, including the SBRM. The Red Crab Oversight Committee may request 
that the Council initiate a framework adjustment. Framework adjustments 
shall require one initial meeting (the agenda must include notification 
of the impending proposal for a framework adjustment) and one final 
Council meeting. After a management action has been initiated, the 
Council shall develop and analyze appropriate management actions within 
the scope identified below. The Council may refer the proposed 
adjustments to the Red Crab Committee for further deliberation and 
review. Upon receiving the recommendations of the Oversight Committee, 
the Council shall publish notice of its intent to take action and 
provide the public with any relevant analyses and opportunity to comment 
on any possible actions. After receiving public comment, the Council 
must take action (to approve, modify, disapprove, or table) on the 
recommendation at the Council meeting following the meeting at which it 
first received the recommendations. Documentation and analyses for the 
framework adjustment shall be available at least 2 weeks before the 
final meeting.
    (2) After developing management actions and receiving public 
testimony, the Council may make a recommendation to the Regional 
Administrator. The Council's recommendation shall include supporting 
rationale, an analysis of impacts required under paragraph (a)(1) of 
this section and a recommendation to the Regional Administrator on 
whether to issue the management measures as a final rule. If the Council 
recommends that the management measures should be issued directly as a 
final rule, the Council shall consider at least the following factors 
and provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts;
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the

[[Page 915]]

Federal Register. The Secretary, in so doing, shall publish only the 
final rule. Submission of recommendations does not preclude the 
Secretary from deciding to provide additional opportunity for prior 
notice and comment in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
disapprove the Council's recommendation. If the Regional Administrator 
does not approve the Council's specific recommendation, the Regional 
Administrator must notify the Council in writing of the reasons for the 
action prior to the first Council meeting following publication of such 
decision.
    (b) [Reserved]

[67 FR 63233, Oct. 10, 2002, as amended at 80 FR 37198, June 30, 2015]



Sec. 648.262  Accountability measures for red crab limited access
vessels.

    (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 
Sec. 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.

[76 FR 60383, Sept. 29, 2011]



Sec. 648.263  Red crab possession and landing restrictions.

    (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 
Sec. 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.

[[Page 916]]

    (ii) A vessel may not retain, possess, or land more than two claws 
and eight legs per crab.

[67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009; 76 
FR 60384, Sept. 29, 2011]



Sec. 648.264  Gear requirements/restrictions.

    (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 height on the side of each buoy.
    (iv) High flyers and radar reflectors are required on each trap 
trawl.
    (6) Additional gear requirements. (i) Vessels must comply with the 
gear regulations found at Sec. 229.32 of this title.
    (ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by 
a vessel issued a limited access lobster permit under Sec. 697.4(a), 
must comply with the trap tagging requirements specified at Sec. 
697.19.
    (b) [Reserved]

[67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007; 76 
FR 60384, Sept. 29, 2011]



         Subpart N_Management Measures for the Tilefish Fishery

    Source: 66 FR 49145, Sept. 26, 2001, unless otherwise noted.



Sec. 648.290  Tilefish Annual Catch Limit (ACL).

    (a) The Tilefish Monitoring Committee shall recommend to the MAFMC 
an ACL for the commercial 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 3 years at a time, dependent on whether the 
SSC provides single or multiple-year ABC recommendations.
    (b) Performance review. The Tilefish Monitoring Committee shall 
conduct a detailed review of fishery performance relative to the sector 
ACLs 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 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.

[[Page 917]]

    (2) The MAFMC may specify more frequent or more specific ACL 
performance review criteria as part of a stock rebuilding plan following 
a determination that the tilefish stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews that 
occur to ascertain if prior year ACLs have been exceeded, but may be 
conducted in conjunction with such reviews.

[76 FR 60644, Sept. 29, 2011]



Sec. 648.291  Tilefish Annual Catch Target (ACT).

    (a) The Tilefish Monitoring Committee shall identify and review the 
relevant sources of management uncertainty to recommend an ACT as part 
of the 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. The ACT shall be less than or equal to the ACL. 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. The Tilefish Monitoring Committee shall 
recommend any reduction in catch necessary to address sector-specific 
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 Tilefish Monitoring Committee shall 
conduct a detailed review of fishery performance relative to ACTs in 
conjunction with any ACL performance review, as outlined in Sec. 
648.290(b)(1) through (3).

[76 FR 60644, Sept. 29, 2011]



Sec. 648.292  Tilefish specifications.

    The fishing year is the 12-month period beginning with November 1, 
annually.
    (a) Annual specification process. The Tilefish Monitoring Committee 
shall review the ABC recommendation of the SSC, tilefish landings and 
discards information, and any other relevant available data to determine 
if the ACL, ACT, or total allowable landings (TAL) requires modification 
to respond to any changes to the stock's biological reference points or 
to ensure that the 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 TAL will 
not be exceeded, including changes, as appropriate, to the SBRM. Based 
on that review, the Monitoring Committee will recommend ACL, ACT, and 
TAL 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 ACL, ACT, TAL, and other 
management measures for a single fishing year or up to 3 years. 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 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 the 
next fishing year, or up to 3 fishing years. The MAFMC's recommendations 
must include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The Regional 
Administrator shall review these recommendations, and after such review, 
NMFS will publish a proposed rule in the Federal Register specifying the 
annual ACL, ACT, TAL and any management measures to ensure that the TAL 
will not be exceeded for the upcoming fishing year or years. After 
considering public comments, NMFS will publish a final rule in the 
Federal Register to implement the ACL, ACT, TAL and any management 
measures.

[[Page 918]]

The previous year's specifications will remain effective unless revised 
through the specification process and/or the research quota process 
described in paragraph (e) of this section. NMFS will issue notification 
in the Federal Register if the previous year's specifications will not 
be changed.
    (b) TAL. (1) The TAL for each fishing year will be specified 
pursuant to paragraph (a) of this section.
    (2) The sum of the TAL and the estimated discards shall be less than 
or equal to the ACT.
    (c) TAL allocation. For each fishing year, up to 3 percent of the 
TAL may be set aside for the purpose of funding research. Once a 
research amount, if any, is set aside, the TAL will first be reduced by 
5 percent to adjust for the incidental catch. The remaining TAL will be 
allocated to the individual IFQ permit holder as described in Sec. 
648.294(a).
    (d) Adjustments to the quota. If the incidental harvest exceeds 5 
percent of the TAL for a given fishing year, the incidental trip limit 
of 500 lb (226.8 kg) may be reduced in the following fishing year. If an 
adjustment is required, a notification of adjustment of the quota will 
be published in the Federal Register.
    (e) Research quota. See Sec. 648.22(g).

[76 FR 60644, Sept. 29, 2011, as amended at 78 FR 49187, Aug. 13, 2013; 
79 FR 64333, Oct. 29, 2014; 80 FR 37198, June 30, 2015]



Sec. 648.293  Tilefish accountability measures.

    (a) If the 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 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 Sec. 648.294(f).
    (b) [Reserved]

[76 FR 60645, Sept. 29, 2011]



Sec. 648.294  Individual fishing quota (IFQ) program.

    (a) IFQ allocation permits. (1) After adjustments for incidental 
catch, research set-asides, and overages, as appropriate, pursuant to 
Sec. 648.292(c), the Regional Administrator shall divide the remaining 
TAL among the IFQ quota share holders 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 Sec. 648.292(c), 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 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 
Sec. 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 tilefish pursuant to the IFQ 
allocation permit. The Regional Administrator will notify the applicant 
of any deficiency in the application.
    (i) [Reserved]
    (ii) Renewal applications. Applications to renew an IFQ allocation 
permit must be received by September 15 to be processed in time for the 
November 1 start of the next fishing year. Renewal

[[Page 919]]

applications received after this date may not be approved, and a new 
permit may not be issued before the start of the next fishing year. An 
IFQ allocation permit holder must renew his/her IFQ allocation permit on 
an annual basis by submitting an application for such permit prior to 
the end of the fishing year for which the permit is required. Failure to 
renew an IFQ allocation permit in any fishing year will result in any 
IFQ quota share held by that IFQ allocation permit holder to be 
considered abandoned and relinquished.
    (2) Issuance. Except as provided in subpart D of 15 CFR part 904, 
and provided an application for such permit is submitted by September 
15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall 
issue annual IFQ allocation permits on or before October 31 to those who 
hold IFQ quota share as of September 1 of the current fishing year. From 
September 1 through October 31, permanent transfer of IFQ quota share is 
not permitted, as described in paragraph (e)(4) of this section.
    (3) Duration. An annual IFQ allocation permit is valid until October 
31 of each fishing year unless it is suspended, modified, or revoked 
pursuant to 15 CFR part 904; revised due to a transfer of all or part of 
the IFQ quota share or annual IFQ allocation under paragraph (e) of this 
section; or suspended for non-payment of the cost recovery fee as 
described in paragraph (h)(4) of this section.
    (4) IFQ Vessel. All Federal vessel permit numbers that are listed on 
the IFQ allocation permit are authorized to possess tilefish pursuant to 
the IFQ allocation permit until the end of the fishing year or until 
NMFS receives written notification from the IFQ allocation permit holder 
that the vessel is no longer authorized to possess tilefish pursuant to 
the subject permit. An IFQ allocation permit holder who wishes to 
authorize an additional vessel(s) to possess tilefish pursuant to the 
IFQ allocation permit must send written notification to NMFS. This 
notification must include the vessel name and permit number, and the 
dates on which the IFQ allocation permit holder desires the vessel to be 
authorized to land tilefish pursuant to the IFQ allocation permit. A 
copy of the IFQ allocation permit must be carried on board each vessel 
so authorized to possess IFQ tilefish.
    (5) Alteration. An annual IFQ allocation permit that is altered, 
erased, or mutilated is invalid.
    (6) Replacement. The Regional Administrator may issue a replacement 
permit upon written application of the annual IFQ allocation permit 
holder.
    (7) Transfer. The annual IFQ allocation permit is valid only for the 
person to whom it is issued. All or part of the IFQ quota share or the 
annual IFQ allocation specified in the IFQ allocation permit may be 
transferred in accordance with paragraph (e) of this section.
    (8) Abandonment or voluntary relinquishment. Any IFQ allocation 
permit that is voluntarily relinquished to the Regional Administrator, 
or deemed to have been voluntarily relinquished for failure to pay a 
recoverable cost fee, in accordance with the requirements specified in 
paragraph (h)(2) of this section, or for failure to renew in accordance 
with paragraph (b)(1)(ii) of this section, shall not be reissued or 
renewed in a subsequent year.
    (c)-(d) [Reserved]
    (e) Transferring IFQ allocations--(1) Temporary transfers. Unless 
otherwise restricted by the provisions in paragraph (e)(3) of this 
section, the initial holder of an annual IFQ allocation may transfer the 
entire annual IFQ allocation, or a portion of the annual IFQ allocation, 
to any person or entity eligible to hold tilefish IFQ allocation under 
paragraph (a)(3) of this section. Annual IFQ allocation transfers shall 
be effective only for the fishing year in which the transfer is 
requested and processed, unless the applicant specifically requests that 
the transfer be processed for the subsequent fishing year. The Regional 
Administrator has final approval authority for all annual IFQ allocation 
transfer requests. The approval of a temporary transfer may be rescinded 
if the Regional Administrator finds that an emergency has rendered the 
lessee unable to fish for the transferred annual IFQ allocation, but 
only if none of the transferred allocation has been landed.
    (2) Permanent transfers. Unless otherwise restricted by the 
provisions in paragraph (e)(3) of this section, and

[[Page 920]]

subject to final approval by the Regional Administrator, a holder of IFQ 
quota share may permanently transfer the entire IFQ quota share 
allocation, or a portion of the IFQ quota share allocation, to any 
person or entity eligible to hold tilefish IFQ allocation under 
paragraph (a)(3) of this section.
    (3) IFQ allocation transfer restrictions. (i) If annual IFQ 
allocation is temporarily transferred to any eligible person or entity, 
it may not be transferred again within the same fishing year, unless the 
transfer is rescinded due to an emergency, as described in paragraph 
(e)(1) of this section.
    (ii) A transfer of IFQ allocation or quota share will not be 
approved by the Regional Administrator if it would result in an entity 
holding, or having an interest in, a percentage of IFQ allocation 
exceeding 49 percent of the total tilefish adjusted TAL.
    (iii) For the purpose of calculating the appropriate IFQ cost 
recovery fee, if the holder of an IFQ allocation leases additional IFQ 
allocation, the quantity and value of landings made after the date the 
lease is approved by the Regional Administrator are attributed to the 
transferred quota before being attributed to the allocation holder's 
base IFQ allocation, if any exists. In the event of multiple leases, 
landings would be attributed to the leased allocations in the order the 
leases were approved by the Regional Administrator. As described in 
paragraph (h) of this section, a tilefish IFQ quota share allocation 
holder shall incur a cost recovery fee, based on the value of landings 
of tilefish authorized under the allocation holder's annual tilefish IFQ 
allocation, including allocation that is leased to another IFQ 
allocation permit holder.
    (4) Application for an IFQ allocation transfer. Any IFQ allocation 
permit holder applying for either permanent transfer of IFQ quota share 
or temporary transfer of annual IFQ allocation must submit a completed 
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation 
Transfer Form must be submitted to the NMFS Northeast Regional Office at 
least 30 days before the date on which the applicant desires to have the 
IFQ allocation transfer effective. The Regional Administrator shall 
notify the applicants of any deficiency in the application pursuant to 
this section. Applications for permanent IFQ quota share allocation 
transfers must be received by September 1 to be processed and effective 
before annual IFQ allocations are issued for the next fishing year. 
Applications for temporary IFQ allocation transfers must be received by 
October 10 to be processed for the current fishing year.
    (i) Application information requirements. An application to transfer 
IFQ allocation must include the following information: The type of 
transfer (either temporary or permanent); the signature of both parties 
involved; the price paid for the transfer; a declaration of the 
recipient's eligibility to receive IFQ allocation; the amount of 
allocation or quota share to be transferred; and a declaration, by IFQ 
allocation permit number, of all the IFQ allocations in which the person 
or entity receiving the IFQ allocation has an interest. The person or 
entity receiving the IFQ allocation must indicate the permit numbers of 
all federally permitted vessels that will possess or land the IFQ 
allocation. Information obtained from the IFQ Allocation Transfer Form 
is confidential pursuant to 16 U.S.C. 1881a.
    (ii) Approval of IFQ transfer application. Unless an application to 
transfer IFQ quota share and/or annual IFQ allocation is denied 
according to paragraph (e)(4)(iii) of this section, the Regional 
Administrator shall issue confirmation of application approval in the 
form of a new or updated IFQ allocation permit to the parties involved 
in the transfer within 30 days of receipt of a completed application.
    (iii) Denial of IFQ transfer application. The Regional Administrator 
may reject an application to transfer IFQ quota share or annual IFQ 
allocation for the following reasons: The application is incomplete; the 
transferor does not possess a valid tilefish IFQ allocation permit; the 
transferor's or transferee's vessel or tilefish IFQ allocation permit 
has been sanctioned pursuant to an enforcement proceeding under 15 CFR 
part 904; the transfer would result in the transferee having a tilefish 
IFQ allocation or holding IFQ quota share

[[Page 921]]

that exceeds 49 percent of the adjusted TAL allocated to IFQ allocation 
permit holders; the transfer is to a person or entity that is not 
eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this 
section; the transferor or transferee is delinquent in payment of an IFQ 
cost recovery fee as described in paragraph (h)(4) of this section; or 
any other failure to meet the requirements of this subpart. Upon denial 
of an application to transfer IFQ allocation, the Regional Administrator 
shall send a letter to the applicant describing the reason(s) for the 
denial. The decision by the Regional Administrator is the final decision 
of the Department of Commerce; there is no opportunity for an 
administrative appeal.
    (f) IFQ allocation overages. If an IFQ allocation is exceeded, 
including by amounts of tilefish landed by a lessee in excess of a 
temporary transfer of IFQ allocation, the amount of the overage will be 
deducted from the IFQ shareholder's allocation in the subsequent fishing 
year(s). If an IFQ allocation overage is not deducted from the 
appropriate allocation before the IFQ allocation permit is issued for 
the subsequent fishing year, a revised IFQ allocation permit reflecting 
the deduction of the overage shall be issued by NMFS. If the allocation 
cannot be reduced in the subsequent fishing year because the full 
allocation has already been landed or transferred, the IFQ allocation 
permit will indicate a reduced allocation for the amount of the overage 
in the next fishing year.
    (g) IFQ allocation acquisition restriction. No person or entity may 
acquire more than 49 percent of the annual adjusted tilefish TAL, 
specified pursuant to Sec. 648.294, at any point during a fishing year. 
For purposes of this paragraph, acquisition includes any permanent 
transfer of IFQ quota share or temporary transfer of annual IFQ 
allocation. The calculation of IFQ allocation for purposes of the 
restriction on acquisition includes IFQ allocation interests held by: A 
company in which the IFQ holder is a shareholder, officer, or partner; 
an immediate family member; or a company in which the IFQ holder is a 
part owner or partner.
    (h) IFQ cost recovery. As required under section 304(d)(2)(A)(i) of 
the Magnuson-Stevens Act, the Regional Administrator shall collect a fee 
to recover the actual costs directly related to the management, data 
collection and analysis, and enforcement of the tilefish IFQ program.
    (1) Payment responsibility. Each tilefish IFQ allocation permit 
holder with quota share shall incur a cost recovery fee annually, based 
on the value of landings of tilefish authorized under his/her tilefish 
IFQ allocation, including allocation that he/she leases to another IFQ 
allocation permit holder. The tilefish IFQ allocation permit holder is 
responsible for paying the fee assessed by NMFS.
    (2) IFQ fee determination. The tilefish IFQ cost recovery billing 
period runs annually from January 1 through December 31.
    (i) Determination of total recoverable costs. The Regional 
Administrator shall determine the actual costs directly associated with 
the management, data collection and analysis, and enforcement of the 
tilefish IFQ program incurred by NMFS during the cost recovery billing 
period.
    (ii) Calculating fee percentage. The recoverable costs determined by 
the Regional Administrator will be divided by the total ex-vessel value 
of all tilefish IFQ landings during the cost recovery billing period to 
derive a fee percentage. Each IFQ allocation permit holder with quota 
share will be assessed a fee based on the fee percentage multiplied by 
the total ex-vessel value of all landings under his/her IFQ allocation 
permit, including landings of allocation that was leased to another IFQ 
allocation permit holder.
    (A) The ex-vessel value for each pound of tilefish landed by an IFQ 
allocation permit holder shall be determined from Northeast Federal 
dealer reports submitted to NMFS, which include the price per pound paid 
to the vessel at the time of dealer purchase.
    (B) The cost recovery fee percentage shall not exceed 3 percent of 
the total value of tilefish landings, as required under section 
304(d)(2)(B) of the Magnuson-Stevens Act.
    (3) Fee payment procedure. NMFS will create an annual IFQ allocation 
bill for each cost recovery billing period and provide it to IFQ 
allocation permit

[[Page 922]]

holders with quota share. The bill will include information regarding 
the amount and value of IFQ allocation landed during the prior cost 
recovery billing period, and the associated cost recovery fees.
    (i) Payment due date. An IFQ allocation permit holder who has 
incurred a cost recovery fee must pay the fee to NMFS within 45 days of 
the date of the bill.
    (ii) Payment submission method. Cost recovery payments shall be made 
electronically via the Federal Web portal, www.pay.gov, or other 
Internet sites designated by the Regional Administrator. Instructions 
for electronic payment shall be available on both the payment Web site 
and the cost recovery fee bill. Electronic payment options shall include 
payment via a credit card, as specified in the cost recovery bill, or 
via direct automated clearing house (ACH) withdrawal from a designated 
checking account. Alternatively, payment by check may be authorized by 
Regional Administrator if he/she determines that electronic payment is 
not practicable.
    (4) Payment compliance. If an IFQ allocation permit holder does not 
submit full payment by the due date described in paragraph (h)(3)(i) of 
this section, the Regional Administrator may:
    (i) At any time thereafter, notify the IFQ allocation permit holder 
in writing that his/her IFQ allocation permit is suspended, thereby 
prohibiting landings of tilefish above the incidental limit, as 
specified at Sec. 648.295.
    (ii) Disapprove any transfer of annual tilefish allocation or quota 
share to or from the IFQ allocation permit holder as described in 
paragraph (e)(4)(iii) of this section, until such time as the amount due 
is paid.
    (iii) Deny renewal of the IFQ allocation permit if it had not yet 
been issued for the current year, or deny renewal of the IFQ allocation 
permit for the following year.
    (iv) If the fee amount is not appealed, the Regional Administrator 
may issue a Final Administrative Determination (FAD) as described in 
paragraph (h)(5) of this section, based upon available information.
    (5) Appeal of IFQ fee amount. If a tilefish IFQ allocation permit 
holder disagrees with the fee amount determined by NMFS, he/she may 
appeal the cost recovery bill.
    (i) IFQ fee appeals must be submitted to NMFS in writing before the 
due date described in paragraph (h)(3)(i) of this section.
    (ii) The IFQ allocation permit holder shall have the burden of 
demonstrating that the fee amount calculated by NMFS is incorrect and 
what the correct amount is.
    (iii) If a request to appeal is submitted on time, the Regional 
Administrator shall notify the IFQ allocation permit holder in writing, 
acknowledging the appeal and providing 30 days to submit any additional 
relevant documentation supporting an alternative fee amount.
    (iv) While the IFQ fee is under appeal and the tilefish IFQ 
allocation permit is suspended, as described in paragraph (h)(4) of this 
section, the IFQ allocation permit holder may request a Letter of 
Authorization to fish until the appeal is concluded. Any tilefish landed 
pursuant to the above authorization will count against the IFQ 
allocation permit, if issued.
    (v) Final Administrative Determination (FAD). Based on a review of 
available information, including any documentation submitted by the IFQ 
allocation permit holder in support of the appropriateness of a 
different fee amount, the Regional Administrator shall determine whether 
there is a reasonable basis upon which to conclude that an alternate fee 
amount is correct. This determination shall be set forth in a FAD that 
is signed by the Regional Administrator. A FAD shall be the final 
decision of the Department of Commerce.
    (A) The IFQ allocation permit holder shall have 30 days from the 
date of the FAD to comply with the terms of the FAD.
    (B) If the IFQ allocation permit holder does not comply with the 
terms of the FAD within this period, the Regional Administrator shall:
    (1) Refer the matter to the appropriate authorities within the U.S. 
Department of the Treasury for purposes of collection; and

[[Page 923]]

    (2) Cancel any Letter of Authorization to fish that had been issued 
during the appeal.
    (vi) If NMFS does not receive full payment of an IFQ cost recovery 
fee prior to the end of the cost recovery billing period immediately 
following the one for which the fee was incurred, the subject IFQ 
allocation permit and any associated IFQ quota share shall be deemed to 
have been voluntarily relinquished pursuant to paragraph (b)(8) of this 
section.
    (6) Annual cost recovery report. NMFS will publish annually a report 
on the status of the tilefish IFQ cost recovery program. The report will 
provide details of the costs incurred by NMFS for the management, 
enforcement, and data collection and analysis associated with the 
tilefish IFQ program during the prior cost recovery billing period, and 
other relevant information at the discretion of the Regional 
Administrator.
    (i) Periodic review of the IFQ program. A formal review of the IFQ 
program must be conducted by the MAFMC within 5 years of the effective 
date of the final regulations. Thereafter, it shall be incorporated into 
every scheduled MAFMC review of the FMP (i.e., future amendments or 
frameworks), but no less frequently than every 7 years.

[78 FR 49187, Aug. 13, 2013]



Sec. 648.295  Tilefish incidental trip limits.

    (a) Incidental trip limit for vessels not fishing under an IFQ 
allocation. Any vessel of the United States fishing under a tilefish 
permit, as described at Sec. 648.4(a)(12), is prohibited from 
possessing more than 500 lb (226.8 kg) of tilefish at any time, unless 
the vessel is fishing under a tilefish IFQ allocation permit, as 
specified at Sec. 648.294(a). Any tilefish landed by a vessel fishing 
under an IFQ allocation permit, on a given fishing trip, count as 
landings under the IFQ allocation permit.
    (b) In-season closure of the incidental fishery. The Regional 
Administrator will monitor the harvest of the tilefish incidental TAL 
based on dealer reports and other available information, and shall 
determine the date when the incidental 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 tilefish fishery is closed for the 
remainder of the fishing year.

[76 FR 60647, Sept. 29, 2011]



Sec. 648.296  Tilefish recreational possession limit.

    Any person fishing from a vessel that is not fishing under a 
tilefish vessel permit issued pursuant to Sec. 648.4(a)(12), may land 
up to eight tilefish per trip. Anglers fishing onboard a charter/party 
vessel shall observe the recreational possession limit.

[76 FR 60647, Sept. 29, 2011]



Sec. 648.297  Tilefish gear restricted areas.

    No vessel of the United States may fish with bottom-tending mobile 
gear within the areas bounded by the following coordinates:

----------------------------------------------------------------------------------------------------------------
                                                            N. lat.                          W. long.
                    Canyon                     -----------------------------------------------------------------
                                                 Degrees      Min      Seconds    Degrees      Min      Seconds
----------------------------------------------------------------------------------------------------------------
Oceanographer.................................       40.0       29.0       50.0       68.0       10.0       30.0
                                                     40.0       29.0       30.0       68.0        8.0       34.8
                                                     40.0       25.0       51.6       68.0        6.0       36.0
                                                     40.0       22.0       22.8       68.0        6.0       50.4
                                                     40.0       19.0       40.8       68.0        4.0       48.0
                                                     40.0       19.0        5.0       68.0        2.0       19.0
                                                     40.0       16.0       41.0       68.0        1.0       16.0
                                                     40.0       14.0       28.0       68.0       11.0       28.0
Lydonia.......................................       40.0       31.0       55.2       67.0       43.0        1.2
                                                     40.0       28.0       52.0       67.0       38.0       43.0
                                                     40.0       21.0       39.6       67.0       37.0        4.8
                                                     40.0       21.0        4.0       67.0       43.0        1.0
                                                     40.0       26.0       32.0       67.0       40.0       57.0
                                                     40.0       28.0       31.0       67.0       43.0        0.0
Veatch........................................       40.0        0.0       40.0       69.0       37.0        8.0
                                                     40.0        0.0       41.0       69.0       35.0       25.0
                                                     39.0       54.0       43.0       69.0       33.0       54.0

[[Page 924]]

 
                                                     39.0       54.0       43.0       69.0       40.0       52.0
Norfolk.......................................       37.0        5.0       50.0       74.0       45.0       34.0
                                                     37.0        6.0       58.0       74.0       40.0       48.0
                                                     37.0        4.0       31.0       74.0       37.0       46.0
                                                     37.0        4.0        1.0       74.0       33.0       50.0
                                                     36.0       58.0       37.0       74.0       36.0       58.0
                                                     37.0        4.0       26.0       74.0       41.0        2.0
----------------------------------------------------------------------------------------------------------------


[76 FR 60647, Sept. 29, 2011]



Sec. 648.298  Blueline tilefish management measures.

    (a) Management unit. The regulations in this paragraph apply to 
vessels or operators of vessels fishing for blueline tilefish in the 
area of the Atlantic Ocean from the latitude of the VA and NC border 
(36 deg.33'01.0` N. Lat.), extending eastward from the shore to the 
outer boundary of the EEZ and northward to the United States-Canada 
border.
    (b) Commercial possession limit. A vessel or operator of a vessel 
that has been issued a valid Federal commercial tilefish permit under 
this part may fish for, possess, and/or land up to 300 lb (136 kg) whole 
weight of blueline tilefish per trip from the area defined in this 
section.
    (c) Recreational possession limit. Any person fishing on a vessel 
who is not fishing under a commercial tilefish vessel permit issued 
pursuant to Sec. 648.4(a)(12), may land up to seven blueline tilefish 
per trip from the area defined in this section.

    Effective Date Note: At 81 FR 39594, June 17, 2016, Sec. 648.298 
was added, effective June 17, 2016 through Dec. 14, 2016.



Sec. 648.299  Tilefish framework specifications.

    (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; 
and
    (xx) 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.

[[Page 925]]

    (xxi) Measures that require significant departures from previously 
contemplated measures or that are otherwise introducing new concepts may 
require a formal amendment of the FMP instead of a framework adjustment.
    (2) Adjustment process. If the MAFMC determines that an adjustment 
to management measures is necessary to meet the goals and objectives of 
the FMP, it will recommend, develop, and analyze appropriate management 
actions over the span of at least two MAFMC meetings. The MAFMC will 
provide the public with advance notice of the availability of the 
recommendation, appropriate justifications and economic and biological 
analyses, and opportunity to comment on the proposed adjustments prior 
to and at the second MAFMC meeting on that framework action.
    (3) MAFMC recommendation. After developing management actions and 
receiving public testimony, the MAFMC will make a recommendation to the 
Regional Administrator. The MAFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to 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 the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the MAFMC's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the MAFMC's recommendation 
includes adjustments or additions to management measures and, after 
reviewing the MAFMC's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the MAFMC's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule based on the 
factors specified in paragraphs (a)(2) and (a)(3) of this section, the 
measures will be issued as a final rule in the Federal Register.
    (ii) If the Regional Administrator concurs with the MAFMC's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the MAFMC's 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator does not concur with the MAFMC's 
recommendation, the MAFMC will be notified in writing of the reasons for 
the non-concurrence.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[76 FR 60648, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 
80 FR 37199, June 30, 2015]



    Subpart O_Management Measures for the NE Skate Complex Fisheries

    Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted.



Sec. 648.320  Skate FMP review and monitoring.

    (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

[[Page 926]]

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 Sec. 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 Sec. 648.321, or 
through an amendment to the FMP.
    (3) For overfished skate species, the Skate PDT and the Council 
shall monitor the trawl survey index as a proxy for stock biomass. As 
long as the 3-year average of the appropriate weight per tow increases 
above the average for the previous 3 years, it is assumed that the stock 
is rebuilding to target levels. If the 3-year average of the appropriate 
survey mean weight per tow declines below the average for the previous 3 
years, then the Council shall take management action to ensure that 
stock rebuilding will achieve target levels.
    (4) Based on the annual review described above and/or the Stock 
Assessment and Fishery Evaluation (SAFE) Report described in paragraph 
(b) of this section, recommendations for acceptable biological catch 
(ABC) from the Scientific and Statistical Committee, and any other 
relevant information, the Skate PDT shall recommend to the Skate 
Committee and Council the following annual specifications for harvest of 
skates: An annual catch limit (ACL) for the skate complex set less than 
or equal to ABC; an annual catch target (ACT) for the skate complex set 
less than or equal to 75 percent of the ACL; and total allowable 
landings (TAL) necessary to meet the objectives of the FMP in each 
fishing year (May 1-April 30), specified for a period of up to 2 fishing 
years.
    (5) Recommended measures. The Skate PDT shall also recommend 
management measures to the Skate Committee and Council to assure that 
the specifications are not exceeded. Recommended measures should 
include, but are not limited to:
    (i) Possession limits in each fishery;
    (ii) In-season possession limit triggers for the wing and/or bait 
fisheries;
    (iii) Required adjustments to in-season possession limit trigger 
percentages or the ACL-ACT buffer, based on the accountability measures 
specified at Sec. 648.323; and
    (iv) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs.
    (6) Taking into account the annual review and/or SAFE Report 
described in paragraph (b) of this section, the advice of the Scientific 
and Statistical Committee, and any other relevant information, the Skate 
PDT may also recommend to the Skate Committee and Council changes to 
stock status determination criteria and associated thresholds based on 
the best scientific information available, including information from 
peer-reviewed stock assessments of the skate complex and its component 
species. These adjustments may be included in the Council's 
specifications for the skate fisheries.
    (7) Council recommendation. The Council shall review the 
recommendations of the Skate PDT, Skate Committee, and Scientific and 
Statistical Committee, 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. The

[[Page 927]]

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. 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. If the 
final specifications are not published in the Federal Register for the 
start of the fishing year, the previous year's specifications shall 
remain in effect until superseded by the final rule implementing the 
current year's specifications, to ensure that there is no lapse in 
regulations while new specifications are completed.
    (b) Biennial SAFE Report--(1) The Skate PDT shall prepare a biennial 
Stock Assessment and Fishery Evaluation (SAFE) Report for the NE skate 
complex. The SAFE Report shall be the primary vehicle for the 
presentation of all updated biological and socio-economic information 
regarding the NE skate complex and its associated fisheries. The SAFE 
Report shall provide source data for any adjustments to the management 
measures that may be needed to continue to meet the goals and objectives 
of the FMP.
    (2) In any year in which a SAFE Report is not completed by the Skate 
PDT, the annual review process described in paragraph (a) of this 
section shall be used to recommend any necessary adjustments to 
specifications and/or management measures in the FMP.

[75 FR 34058, June 16, 2010, as amended at 80 FR 37199, June 30, 2015]



Sec. 648.321  Framework adjustment process.

    (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 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;

[[Page 928]]

    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) The Regional Administrator may publish the recommended framework 
measures in the Federal Register. If the Council's recommendation is 
first published as a proposed rule and the Regional Administrator 
concurs with the Council's recommendation after receiving additional 
public comment, the measures shall then be published as a final rule in 
the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish only the final rule. 
Submission of recommendations does not preclude the Secretary from 
deciding to provide additional opportunity for prior notice and comment 
in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
approve the Council's recommendation. If the Regional Administrator does 
not approve the Council's specific recommendation, the Regional 
Administrator must notify the Council in writing of the reasons for the 
action prior to the first Council meeting following publication of such 
decision.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action, provided that any 
corresponding management adjustments can also be implemented through a 
framework adjustment, include:
    (1) Skate permitting and reporting;
    (2) Skate overfishing definitions and related targets and 
thresholds;
    (3) Prohibitions on possession and/or landing of individual skate 
species;
    (4) Skate possession limits;
    (5) Skate closed areas (and consideration of exempted gears and 
fisheries);
    (6) Seasonal skate fishery restrictions and specifications;
    (7) Target TACs for individual skate species;
    (8) Hard TACs/quotas for skates, including species-specific quotas, 
fishery quotas, and/or quotas for non-directed fisheries;
    (9) Establishment of a mechanism for TAC set-asides to conduct 
scientific research, or for other reasons;
    (10) Onboard observer requirements;
    (11) Gear modifications, requirements, restrictions, and/or 
prohibitions;
    (12) Minimum and/or maximum sizes for skates;
    (13) Adjustments to exemption area requirements, area coordinates, 
and/or management lines established by the FMP;
    (14) Measures to address protected species issues, if necessary;
    (15) Description and identification of EFH;
    (16) Description and identification of habitat areas of particular 
concern;
    (17) Measures to protect EFH;
    (18) OY and/or MSY specifications;
    (19) Changes to the accountability measures described at Sec. 
648.323;
    (20) Changes to TAL allocation proportions to the skate wing and 
bait fisheries;
    (21) Changes to seasonal quotas in the skate bait or wing fisheries;
    (22) Reduction of the baseline 25-percent ACL-ACT buffer to less 
than 25 percent;
    (23) Changes to catch monitoring procedures; and
    (24) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take

[[Page 929]]

emergency action under section 305(c) of the Magnuson-Stevens Act.

[75 FR 34059, June 16, 2010, as amended at 80 FR 37199, June 30, 2015]



Sec. 648.322  Skate allocation, possession, and landing provisions.

    (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 Sec. 
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 
Sec. 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. 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 Sec. Sec. 648.53, 648.82, and 648.92, 
respectively, unless otherwise exempted under Sec. 648.80 or paragraph 
(c) of this section, may fish for, possess, and/or land up to the 
allowable trip limits specified as follows:
    (1) Up to 2,600 lb (1,179 kg) of skate wings (5,902 lb (2,677 kg) 
whole weight) per trip from May 1 through August 31, and 4,100 lb (1,860 
kg) of skate wings (9,307 lb (4,222 kg) whole weight) per trip from 
September 1 through April 30, except for a vessel fishing on a declared 
NE multispecies Category B DAS described under Sec. 648.85(b), which is 
limited to no more than 220 lb (100 kg) of skate wings (500 lb (227 kg) 
whole weight) per trip (or any prorated combination of skate wings and 
whole skates based on the conversion factor for wing weight to whole 
weight of 2.27--for example, 100 lb (45.4 kg) of skate wings x 2.27 = 
227 lb (103.1 kg) of whole skates).
    (2) In-season adjustment of skate wing possession limits. The 
Regional Administrator has the authority, through a notice in the 
Federal Register consistent with the Administrative Procedure Act, to 
reduce the skate wing possession limit to 500 lb (227 kg) of skate wings 
(1,135 lb (515 kg) whole weight or any prorated combination of the 
allowable landing forms defined at paragraph (b)(4) of this section) for 
the remainder of the applicable quota season, under the following 
circumstances:
    (i) When 85 percent of the Season 1 skate wing quota is projected to 
be landed between May 1 and August 17, the Regional Administrator shall 
reduce the skate wing possession limit to the incidental level described 
in paragraph (b)(2) of this section.
    (ii) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between August 18 and August 31, the Regional Administrator 
may reduce the skate wing possession limit to the incidental level 
described in paragraph (b)(2) of this section.
    (iii) When 85 percent of the annual skate wing fishery TAL is 
projected to be landed in Season 2, the Regional Administrator may 
reduce the skate wing possession limit to the incidental level described 
in this paragraph, unless such a reduction would be expected to prevent 
attainment of the annual TAL.
    (3) Incidental possession limit for vessels not under a DAS. A 
vessel issued a Federal skate permit that is not fishing under an 
Atlantic sea scallop, NE

[[Page 930]]

multispecies, or monkfish DAS as specified at Sec. Sec. 648.53, 648.82, 
and 648.92, respectively, or is a limited access multispecies vessel 
participating in an approved sector described under Sec. 648.87 but not 
fishing on one of the DAS specified at Sec. Sec. 648.53, 648.82, or 
648.92, may retain up to 500 lb (227 kg) of skate wings or 1,135 lb (515 
kg) of whole skate, or any prorated combination of skate wings and whole 
skates based on the conversion factor for wing weight to whole weight of 
2.27, per trip.
    (4) Allowable forms of skate landings. Except for vessels fishing 
under a skate bait letter of authorization as specified at Sec. 
648.322(c), a vessel may possess and/or land skates as wings only (wings 
removed from the body of the skate and the remaining carcass discarded), 
wings with associated carcasses possessed separately (wings removed from 
the body of the skate but the associated carcass retained on board the 
vessel), or in whole (intact) form, or any combination of the three, 
provided that the weight of the skate carcasses on board the vessel does 
not exceed 1.27 times the weight of skate wings on board. When any 
combination of skate wings, carcasses, and whole skates are possessed 
and/or landed, the applicable possession or landing limit shall be based 
on the whole weight limit, in which any wings are converted to whole 
weight using the wing to whole weight conversion factor of 2.27. For 
example, if the vessel possesses 100 lb (45.4 kg) of skate wings, the 
whole weight equivalent would be 227 lb (103.0 kg) of whole skates (100 
lb (45.4 kg) x 2.27), and the vessel could possess up to 127 lb (57.6 
kg) of skate carcasses (100 lb (45.4 kg) of skate wings x 1.27). A 
vessel may not possess and/or land skate carcasses and only whole 
skates.
    (c) Bait Letter of Authorization (LOA). A skate vessel owner or 
operator under this part may request and receive from the Regional 
Administrator an exemption from the skate wing possession limit 
restrictions for a minimum of 7 consecutive days, provided that when the 
vessel is fishing pursuant to the terms of authorization at least the 
following requirements and conditions are met:
    (1) The vessel owner or operator obtains and retains onboard the 
vessel a valid LOA. LOAs are available upon request from the Regional 
Administrator.
    (2) The vessel owner or operator possesses and/or lands only whole 
skates less than 23 inches (58.42 cm) total length.
    (3) The vessel owner or operator fishes for, possesses, or lands 
skates only for use as bait.
    (4) The vessel owner or operator possesses or lands no more than 
25,000 lb (11,340 kg) of only whole skates less than 23 inches (58.42 
cm) total length, and does not possess or land any skate wings or whole 
skates greater than 23 inches (58.42 cm) total length.
    (5) Vessels that choose to possess or land skate wings during the 
participation period of this letter of authorization must comply with 
possession limit restrictions under paragraph (b) of this section for 
all skates or skate parts on board. Vessels possessing skate wings in 
compliance with the possession limit restrictions under paragraph (b) 
may fish for, possess, or land skates for uses other than bait.
    (6) The vessel owner or operator complies with the transfer at sea 
requirements at Sec. 648.13(h).
    (d) In-season adjustment of skate bait possession limits. When the 
Regional Administrator projects that 90 percent of the skate bait 
fishery seasonal quota has been landed in Seasons 1 or 2, or 90 percent 
of the annual skate bait fishery TAL has been landed, the Regional 
Administrator shall, through a notice in the Federal Register consistent 
with the Administrative Procedure Act, reduce the skate bait trip limit 
to the whole weight equivalent of the skate wing trip limit specified 
under paragraph (b) of this section for the remainder of the quota 
period, unless such a reduction would be expected to prevent attainment 
of the seasonal quota or annual TAL.
    (e) Prohibitions on possession of skates. A vessel fishing in the 
EEZ portion of the Skate Management Unit may not:
    (1) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the Skate Management Unit.

[[Page 931]]

    (2) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec. 648.80(a)(1)(i).

[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]



Sec. 648.323  Accountability measures.

    (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 Sec. 
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, 
initially specified at 25 percent, 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 
Sec. Sec. 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.

[75 FR 34061, June 16, 2010]



                        Sec. Figure 1 to Part 648

[[Page 932]]

[GRAPHIC] [TIFF OMITTED] TR02MY12.001


[77 FR 26127, May 2, 2012]

                        PARTS 655	659 [RESERVED]

[[Page 933]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 935]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2016)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)

[[Page 936]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)

[[Page 937]]

      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)

[[Page 938]]

     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)

[[Page 939]]

        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)

[[Page 940]]

         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)

[[Page 941]]

        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

[[Page 942]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)

[[Page 943]]

         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)

[[Page 944]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 945]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 946]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)

[[Page 947]]

      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)

[[Page 948]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 949]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)

[[Page 950]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)

[[Page 951]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)

[[Page 952]]

         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)

[[Page 953]]

        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 955]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2016)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 956]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 957]]

Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 958]]

  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV

[[Page 959]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI

[[Page 960]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 961]]

  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III

[[Page 962]]

National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 963]]

Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
   Commission
[[Page 964]]

Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 965]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2011 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2011

50 CFR
                                                                   76 FR
                                                                    Page
Chapter VI
600.501 (d)(1) amended.............................................59305
600.502 Table 1 amended............................................34902
600.518 (a) amended................................................59305
600.1100--600.1106 (Subpart M) Authority citation revised..........61990
600.1107 Added.....................................................61990
622 Temporary regulations...5717, 6364, 7118, 9692, 10778, 12604, 12882, 
         12883, 16547, 16698, 18415, 23205, 63909, 30034, 31874, 41141, 
                  51905, 56659, 59063, 61284, 61285, 63563, 64248, 69136
622.1 (b) Table 1 amended............................82051, 82066, 82186
622.2 Amended..........................23906, 23912, 75490, 82051, 82066
622.3 (c) revised..................................................82051
622.4 (a)(2)(ix) amended; (a)(3)(ii) revised.......................82052
    (a)(2)(iv) amended.............................................82066
622.5 Regulation at 74 FR 58911 confirmed in part..................68310
622.6 (b)(1)(iv) revised...........................................75490
622.8 Regulation at 74 FR 58912 confirmed..........................68310
622.10 (c)(1)(ii) and (iii) revised................................82186
622.16 (c)(5) revised..............................................23912
    Revised........................................................68340
622.18 Regulation at 74 FR 58912 confirmed in part.................68310
622.20 (c)(5) revised..............................................23912
    Revised........................................................68345
    (a) amended....................................................82052
622.31 (n) revised.................................................82052
622.32 (b)(1)(iv) revised..........................................23908
    (b)(1)(iv) corrected...........................................30554
    (b)(2)(iii) amended (eff. date pending)........................82052
    (b)(3)(viii) added.............................................82186
    (b)(1)(v) added................................................82410
622.33 (d) added...................................................23908
    (d)(1) revised.................................................82410
622.34 (o) added...................................................23906
    (m) suspended; (w) added; eff. 9-12-11 through 12-31-11........50144
    (g)(1) amended.................................................82052
622.35 (o) table correctly revised.................................12606
    (l) suspension lifted; (l) removed.............................23731
    (n)(1)(iii)(A) amended.........................................34902
    (e)(2) table amended...........................................82186
622.37 (d)(1)(iii) revised.........................................82052
622.39 (d)(1)(vii) revised.........................................34902
    (b)(1)(ii) amended.............................................67620
    (b)(1)(ii) amended; (b)(1)(v) revised (eff. date pending in 
part)..............................................................82052
    (g) added......................................................82410
    (g)(2) revised; (h) added......................................82418
622.41 (n)(2) corrected............................................12883
    (m)(3) amended.................................................23906
    (c)(1)(vi) removed; (c)(1)(vii) redesignated as new 
(c)(1)(vi); (c)(1)(v) and new (vi) revised.........................82066
622.42 (a)(1)(i) and (2)(i) revised................................23912

[[Page 966]]

    (a)(2)(i) suspended; (a)(2)(iii) added; eff. 9-12-11 through 
12-31-11...........................................................50144
    Introductory text amended; (a)(1)(iii)(A) and (C) revised......67620
    (a)(1)(ii), (iii) introductory text, (A), (iv) and (b) revised
                                                                   82052
    (c) revised....................................................82066
    (b) revised....................................................82186
622.43 (a)(2) revised..............................................82052
    (a) heading, (3) heading, (iii), (b)(1) and (c) revised; (a) 
introductory text amended; (a)(3) introductory text removed........82067
622.44 (c)(5) revised; (c)(6) and (7) added........................34903
    (b)(2) revised.................................................82067
622.45 (c)(4) removed..............................................23913
622.48 (d), (e), (i) and (j) revised; (p) added....................82053
    (c) revised....................................................82067
    (b) revised; (m) added.........................................82410
    (n) and (o) added..............................................82418
622.49 Heading and (a)(3) revised; (a)(6) through (16) and (d) 
        added......................................................82053
    (h) added......................................................82067
    Heading revised; (c) added.....................................82410
    (c) introductory text revised; (c)(1)(i)(H) through (R), 
(ii)(H) through (Q), (2)(i)(E) through (O), (3)(i)(E) through (O) 
and (4) added......................................................82418
622 Appendix A amended......................................82054, 82419
    Appendix E added...............................................82186
    Appendix A amended; Appendix E added...........................82411
635 Temporary regulations.....................32086, 52886, 69137, 76900
    Fishery management measures...............41723, 44501, 44834, 69139
635.2 Amended...............................................18661, 70066
635.4 (a)(5), (10), (f)(1), (2), (h)(1) heading, (m)(1) and (2) 
        revised; (h)(1)(iv) and (n) added..........................49378
635.4 (e)(4) removed...............................................70066
635.5 (a)(1) revised...............................................49379
635.20 (e)(4) removed..............................................70066
635.21 (c)(5)(iii)(C)(2)(i) revised................................18661
    (e)(3)(i), (4)(i) and (iv) revised; eff. date delayed in part 
indefinitely.......................................................49379
    (c)(1) revised.................................................53658
    Regulation at 76 FR 49379 withdrawn in part....................70064
635.22 (a) revised.................................................53658
    (c)(6) removed.................................................70066
635.23 (f)(3) removed..............................................39031
    (a)(4) and (d) revised.........................................74009
635.24 (a)(7), (b)(1) and (2) revised; eff. date delayed in part 
        indefinitely...............................................49380
    Introductory text revised; (a)(9) added........................53658
    Regulation at 76 FR 49380 withdrawn in part....................70064
635.27 (a) introductory text, (1)(i), (2), (3), (4)(i), (5), 
        (7)(i) and (ii) revised....................................39031
    (c)(1)(i)(B) revised...........................................49380
    (c)(1)(i)(B) revised; eff. 10-12-11............................56123
    (b)(1)(vii) and (2)(iv) removed................................70066
    (a)(1)(i)(A) revised...........................................74009
635.28 (c)(1)(i)(A) amended........................................49380
635.29 (a) revised.................................................39032
635.30 (a) revised.................................................39032
635.31 (c)(6) added................................................53658
635.69 (a) introductory text, (d), (e) and (g) revised.............75502
635.71 (a)(54) added...............................................18661
    (d)(18) added; (e)(8) revised; eff. date delayed in part 
indefinitely.......................................................49380
    (d)(19) added..................................................53658
    Regulation at 76 FR 49380 withdrawn in part....................70064
635 Appendix A amended.............................................70066
640.1 (b) revised..................................................75490
640.2 Amended......................................................75490
640.4 (a)(1)(i) and (2) revised....................................75490
640.6 (a) and (c) revised..........................................75491
640.7 (g) revised..................................................75491
640.20 (b)(3)(i) and (ii) revised; (b)(3)(iii) removed.............75491
640.21 (a), (c) and (d) revised....................................75491
640.22 (a)(3) and (b)(3)(i) revised................................75492
640.25 Revised.....................................................75492
640.28 Added.......................................................75492
640.29 Added.......................................................75492
648 Temporary regulations.......5290, 13887, 17032, 17788, 18661, 19276, 
         23206, 29670, 30035, 31491, 34903, 39313, 47491, 47492, 51272, 
         52286, 53832, 56322, 61059, 61060, 61061, 61995, 65971, 66654, 
                                       66856, 68657, 70912, 74009, 81851
    Fishery management measures...............23076, 32873, 56322, 62642
    Technical correction...........................................53831
    Fishery management measures; interim....................82189, 82197

[[Page 967]]

648.1 Amended; eff. 10-31-11.......................................60649
648.2 Amended; interim.............................................42582
    Amended........................................................60382
    Amended; eff. 10-31-11.........................................60649
648.4 (a)(9)(i)(M) and (N) removed; (a)(9)(ii) added...............30271
    (a)(2)(i) introductory text and (ii)(A) revised................43761
    (a)(13)(i)(A) and (B) revised; (a)(13)(i)(E)(3), (M) and (N) 
removed............................................................60382
    (a)(3) introductory text, (i)(A), (L)(ii), (iii), (4), 
(5)(ii), (6) introductory text, (12) introductory text and (i) 
amended; eff. 10-31-11.............................................60649
    (a)(5)(iii) revised; (c)(2)(vii) added.........................68653
    Regulation at 76 FR 68653 confirmed............................74724
648.6(a)(1) and (c) amended; eff. 10-31-11.........................60649
648.7 (c) revised; interim.........................................42582
    (b)(2)(i) and (f)(2)(i) revised; (b)(3) added..................54390
    (b)(2)(iii) removed............................................60382
    (b)(1)(ii) and (2)(ii) amended; eff. 10-31-11..................60649
    (f)(2)(i) revised..............................................68655
    Regulation at 76 FR 68655 confirmed............................74724
648.8 (e) amended; eff. 10-31-11...................................60649
648.10 (k)(1) revised..............................................23070
    (k)(3)(ii) revised; interim....................................42582
    (e)(5)(i), (ii), (f)(4)(i) and (h)(8) revised..................43761
    (l) added......................................................56996
    (h) introductory text, (4) and (8) revised.....................60382
648.11 (g)(1) and (2)(ii) revised..................................43762
    (h) and (i) revised............................................81845
648.12 Introductory text and (c) amended; eff. 10-31-11............60649
648.13 (i)(2)(iii) amended; eff. 10-31-11..........................60615
648.14 (k)(7)(i)(B) revised; (k)(9)(i), (15)(ii)(A)(5) and 
        (18)(i)(D) added...........................................23070
    (k)(2)(iv) added; (k)(3)(i) and (6)(ii)(B) revised; interim....42583
    (i)(1)(ii), (iii)(A)(2)(iii), (2)(iii), (3) introductory text, 
(4)(i)(A), (ii)(B) and (iii)(B) revised; (i)(2)(viii) added; 
(i)(3)(iii)(E) removed.............................................43762
    (i)(2)(vi)(F) and (G) revised..................................43786
    (k)(1)(i)(D), (r)(1)(vi)(A), (B), (C), (vii)(E), (viii)(B) and 
(2)(i) through (v) revised; (r)(1)(vi)(E) and (F) added............56996
    (t)(2)(iii) and (3)(iv) added; (t)(4), (5) and (6) revised; 
(t)(7) removed.....................................................60382
    (o)(1)(vi) and (u)(2)(vi) amended; (u)(2)(vii) added; eff. 10-
31-11..............................................................60615
    (g)(1) introductory text, (iii), (2) introductory text, (i), 
(ii)(C), (3) introductory text, (i), (h) introductory text, (n)(1) 
introductory text, (i), (ii)(B), (iii), (2) introductory text, 
(i)(A), (B)(iii)(A), (B), (C), (3) introductory text, (ii), (iii) 
and (o)(1) introductory text amended; eff. 10-31-11................60649
    (o)(1)(ii)(A), (D), (E), (iii), (v), (vi), (2) introductory 
text, (i) introductory text, (C), (3) introductory text, (ii), 
(iii), (v), (p)(1) introductory text, (i), (v), (2) introductory 
text, (ii)(D)(3), (3) introductory text, (iii), (q) introductory 
text, (2)(i), (ii), (u)(2)(ii) and (iii) amended; eff. 10-31-11....60650
    (g)(1)(iii) removed; (g)(2)(ii)(C), (D) and (E) revised; 
(g)(2)(ii)(F), (iii)(D) and (iv) added.............................68655
    Regulation at 75 FR 76316 expiration date extended through 12-
31-12..............................................................72125
    (a)(10)(iii) and (iv) added; eff. 1-1-12 through 12-31-12......72126
648.15 (d)(1) and (e) revised......................................56997
    (b)(1) and (2) amended; eff. 10-31-11..........................60650
648.18 Removed.....................................................81848
648.20 Revised; eff. 10-31-11......................................60615
648.21 (f)(2) revised...............................................8312
    Revised; eff. 10-31-11.........................................60616
648.22 (a)(2)(i) revised............................................8312
    Revised; eff. 10-31-11.........................................60616
    (a)(3), (b)(2)(iv)(A) introductory text, (c)(3), (6) and (9) 
revised............................................................68656
    (c)(13) removed................................................81848
648.23 Revised; eff. 10-31-11......................................60618
648.24 Revised; eff. 10-31-11......................................60619
    (b)(1) revised.................................................68656
648.25 Revised; eff. 10-31-11......................................60620
    (a)(1) revised..........................................68656, 81848

[[Page 968]]

648.26 (a) and (d) revised..........................................8313
    Revised; eff. 10-31-11.........................................60621
    (a) revised....................................................68657
648.27 Added; eff. 10-31-11........................................60621
648.51 (d)(1) and (e) introductory text revised....................43762
648.52 (a) revised.................................................43763
648.53 Heading, (a), (b)(1), (4) introductory text, (c), (d), (g), 
        (h)(2)(iii), (3)(i)(A), (B), (C), (ii)(A), (4) 
        introductory text, (5)(ii), (iii) and (5)(iv) revised; (b) 
        introductory text, (4)(ii), (h)(2)(v) and (vi) added; 
        (a)(5), (6), (9), (b)(2) and (4)(i) removed................43763
    Heading, (a), (b) introductory text, (1), (4), (5), (c), (d), 
(g), (h)(2)(iii), (v), (vi), (3)(i)(A), (B), (C), (ii)(A), (4) 
introductory text, (5)(ii), (iii) and (iv) revised; (b)(2) removed
                                                                   43786
648.55 Revised.....................................................43766
648.56 Revised.....................................................43769
648.58 (a) and (e) removed.........................................43791
648.59 (b)(3) and (d)(3) revised...................................43769
    (a)(4) and (c)(1) removed; (a)(1), (3), (b) introductory text, 
(1), (2), (3), (5)(i), (ii)(A), (B), (c)(2), (5)(i), (ii)(A), 
(d)(1), (2), (3), (5)(i), (ii)(A), (B) and (e) revised.............43791
648.60 (a)(5)(iii) removed; (a)(9), (c)(3) and (e)(1) revised......43769
    (a)(3)(i), (5)(i), (c)(5)(ii)(A), (v), (d)(1), (e) heading, 
(1) and (g)(1) revised; (a)(3)(ii)(A) added........................43794
648.61 Revised.....................................................43770
648.62 (b)(3) added................................................43770
    (b)(1) revised.................................................43797
648.64 Added.......................................................43770
648.70 Revised; eff. 10-31-11......................................60622
648.71 Revised; eff. 10-31-11......................................60622
648.72 Revised; eff. 10-31-11......................................60622
648.73 Revised; eff. 10-31-11......................................60623
648.74 Revised; eff. 10-31-11......................................60623
648.75 Revised; eff. 10-31-11......................................60623
648.76 Revised; eff. 10-31-11......................................60624
648.77 Revised; eff. 10-31-11......................................60625
648.78 Added; eff. 10-31-11........................................60625
648.79 Added; eff. 10-31-11........................................60625
    (a)(1) revised.................................................81848
648.80 (a)(18) introductory text revised; (a)(18)(ii)(C) and (D) 
        removed....................................................23071
    (a)(2)(ii), (3)(v), (vi), (17)(ii), (b)(3)(i) and (c)(2)(i) 
revised; interim...................................................42583
    (d)(4), (5), (6), (7)(i), (ii) introductory text and (e)(4) 
revised............................................................56997
648.81 (f)(2)(vi) introductory text and (i) revised; (g)(2)(vi) 
        and (o) added..............................................23071
    (n) introductory text revised; interim.........................42584
648.82 (a)(2), (b)(6) introductory text and (n)(2)(iv) revised; 
        (b)(6)(iv) added...........................................23071
    (b)(5)(i) introductory text and (n)(1) introductory text 
revised; interim...................................................42584
648.83 (a)(3) removed; (b)(1) revised; interim.....................42585
648.85 (a)(1)(ii), (2)(ii), (3)(iv)(A)(2), (b)(3)(x)(A), 
        (6)(iv)(J)(4), (7)(iv)(E) and (vi)(B) revised; interim.....42585
    (d) revised....................................................56998
648.86 (m)(1) revised; interim.....................................42586
    (a)(3)(i), (ii)(A)(1), (2) and (k) revised; (a)(3)(ii)(A)(3) 
and (4) added......................................................56998
648.87 (b)(1)(i)(A), (C), (E) introductory text, (1), (2)(i), 
        (ii), (iii)(C), (v)(B) introductory text, (1), (3) 
        introductory text, (i), (4), (5), (viii) introductory 
        text, (C), (2) introductory text, (5) introductory text, 
        (i)(A)(1) and (c)(2)(i) revised; (b)(5)(ii)(E) and (d)(20) 
        through (24) added.........................................23072
    (b)(1)(ii), (vi)(B), (ix), (5)(i)(A)(1), (ii)(B)(2), (E) and 
(c)(2) introductory text revised; interim..........................42586
648.88 (a)(1) revised; (a)(2)(iv) added............................23075
648.89 (e)(1) revised..............................................23076
    (c)(2)(i), (6), (7), (d) and (e)(3)(iv) revised; (c)(8) and 
(9) added; interim.................................................42587
648.90 (a)(4)(iii)(E)(2) revised...................................23076
    (a)(4)(i), (iii)(E) introductory text, (2), (5)(i)(A) and (ii) 
revised; interim...................................................42587
    (a)(4)(iii)(D) revised; (a)(5)(iii) added......................56999
    (a)(2)(i), (iii), (b)(1)(ii) and (c)(1)(i) revised.............81848

[[Page 969]]

648.92 (b)(1)(ii) and (iii) revised; (b)(10) added.................30271
    (b)(1)(iii) introductory text revised; interim.................42588
    (b)(1)(i) revised..............................................66195
648.94 (a), (b)(1), (2)(i), (ii), (3)(ii)(A), (4), (c)(1) through 
        (8) and (d)(2) revised.....................................30272
    (c)(3)(iv) amended; eff. 10-31-11..............................60650
    (b)(1)(ii) revised.............................................66195
648.96 Revised.....................................................30274
    (a)(3)(ii) revised.............................................81849
648.100 Revised.....................................; eff. 10-31-1160626
648.101 Revised; eff. 10-31-11.....................................60626
648.102 Revised; eff. 10-31-11.....................................60626
    (a)(10) removed................................................81849
648.103 (b) revised................................................38313
    Revised; eff. 10-31-11.........................................60628
648.104 Revised; eff. 10-31-11.....................................60629
648.105 Revised; eff. 10-31-11.....................................60629
648.106 Revised; eff. 10-31-11.....................................60629
648.107 (a) introductory text and (b) revised......................38313
    Revised; eff. 10-31-11.........................................60629
648.108 Revised; eff. 10-31-11.....................................60629
648.109 Added; eff. 10-31-11.......................................60630
648.110 Added; eff. 10-31-11.......................................60630
    (a)(1) revised.................................................81849
648.120 Revised; eff. 10-31-11.....................................60631
648.121 Revised; eff. 10-31-11.....................................60631
648.122 Revised; eff. 10-31-11.....................................60631
    (a)(13) removed................................................81850
648.123 Revised; eff. 10-31-11.....................................60632
648.124 Revised; eff. 10-31-11.....................................60633
648.125 Revised; eff. 10-31-11.....................................60634
648.126 Revised; eff. 10-31-11.....................................60635
648.127 Revised; eff. 10-31-11.....................................60635
648.128 Added; eff. 10-31-11.......................................60635
648.129 Added; eff. 10-31-11.......................................60635
648.130 Added; eff. 10-31-11.......................................60635
648.140 Revised; eff. 10-31-11.....................................60636
648.141 Revised; eff. 10-31-11.....................................60636
648.142 Revised; eff. 10-31-11.....................................60636
    (a)(12) removed................................................81850
648.143 Revised; eff. 10-31-11.....................................60636
648.144 Revised; eff. 10-31-11.....................................60637
648.145 Revised; eff. 10-31-11.....................................60638
648.146 Revised; eff. 10-31-11.....................................60638
648.147 Revised; eff. 10-31-11.....................................60638
648.148 Added; eff. 10-31-11.......................................60638
648.149 Added; eff. 10-31-11.......................................60639
648.160 (a) revised................................................17793
    Revised; eff. 10-31-11.........................................60639
648.161 Revised; eff. 10-31-11.....................................60639
648.162 Revised; eff. 10-31-11.....................................60639
    (a)(9) removed.................................................81850
648.163 Revised; eff. 10-31-11.....................................60640
648.164 Revised; eff. 10-31-11.....................................60641
648.165 Revised; eff. 10-31-11.....................................60641
648.166 Added; eff. 10-31-11.......................................60641
648.167 Added; eff. 10-31-11.......................................60641
    (a)(1) revised.................................................81850
648.200 (a) introductory text, (b)(1) through (4), (e) and (f) 
        introductory text revised; (b)(5) and (g) added............11379
    (b) introductory text revised..................................81850
648.201 Revised....................................................11380
    (a)(2) revised.................................................56999
648.204 (a) introductory text and (1) through (4) revised..........11380
648.206 (b)(8), (25), (28) and (30) revised; (b)(31) added.........11380
    (b)(29) removed................................................81850
648.207 (g) revised................................................11381
648.230 Revised; eff. 10-31-11.....................................60642
648.231 Revised; eff. 10-31-11.....................................60642
648.232 Heading revised; text added; eff. 10-31-11.................60642
    (a)(5) removed.................................................81850
648.233 Heading revised; text added; eff. 10-31-11.................60643
648.235 Revised; eff. 10-31-11.....................................60643
648.237 Removed; eff. 10-31-11.....................................60643
648.239 Added; eff. 10-31-11.......................................60643
    (a)(1) removed.................................................81850
648.260 Revised....................................................60383
    (a)(1) revised.................................................81850
648.262 Revised....................................................60383
648.263 (a)(1) removed; (a)(5) and (b)(1) revised..................60384
648.264 (a)(1) revised.............................................60384
648.290 Revised; eff. 10-31-11.....................................60644
648.291 Revised; eff. 10-31-11.....................................60644
648.292 Added; eff. 10-31-11.......................................60644
648.293 Revised; eff. 10-31-11.....................................60645
648.294 Revised; eff. 10-31-11.....................................60645
648.295 Revised; eff. 10-31-11.....................................60647
648.296 Revised; eff. 10-31-11.....................................60647
648.297 Added; eff. 10-31-11.......................................60647
648.299 Added; eff. 10-31-11.......................................60648
    (a)(1)(xviii) removed..........................................81850
648.322 (b) revised................................................28331
654 Removed; eff. 10-24-11.........................................59064

                                  2012

50 CFR
                                                                   77 FR
                                                                    Page
Chapter VI
600.725 (v) table amended; eff. 1-2-13.............................59849

[[Page 970]]

600.1100--600.1106 (Subpart M) Authority citation revised..........58779
600.1108 Added; eff. 10-24-12......................................58779
600.1400 Revised...................................................42191
600.1405 (b)(4) and (8) revised....................................42191
600.1416 (a), (b)(1), (c), (d) introductory text and (1) revised; 
        (b)(7) added...............................................42191
600.1417 (b)(1)(iii) through (vii) and (3) revised; (b)(1)(viii) 
        added......................................................42192
622 Temporary regulations...3636, 4272, 5413, 8749, 11411, 11775, 15284, 
         19563, 32913, 32914, 36946, 37330, 39647, 50388, 52261, 52623, 
         53776, 56168, 56563, 59344, 60945, 60946, 62463, 67303, 68071, 
                                       73338, 73555, 74119, 74389, 75568
622.1 (b) Table 1 correctly amended..........................4493, 23633
    (b) Table 1 amended............................................15925
622.2 Amended.................................15925, 31736, 45271, 64239
622.4 (a)(2)(vii) amended..........................................15926
    (a)(2)(xv) added; (a)(5)(i)(A) revised.........................32419
    (a)(2)(v) and (m)(2) revised; (m)(3), (4) and (5) removed; 
(m)(6) redesignated as new (m)(3)..................................64239
    (a)(2)(xv) introductory text revised; (a)(2)(xv)(D) added; 
(g)(1) amended.....................................................72992
622.5 (a)(1)(iv)(C)(2) and (5)(iii) revised........................15926
    (b)(2)(i) and (ii) revised.....................................32419
622.10 (c)(1)(ii) and (iii) correctly revised.......................4494
622.15 (c)(4), (d)(3) and (4) revised..............................15926
    (a) revised; eff. 10-26-12.....................................59131
622.20 (a)(5)(i) and (ii) revised...................................6998
    (a) introductory text, (5)(i) and (ii) revised; (a)(4), (6), 
(7), (b)(3)(i) and (6)(i) amended..................................45271
622.30 (e) suspended; (f) added; eff. 5-14-12 through 12-31-12.....28308
622.32 (b)(3)(viii) correctly revised...............................4494
    (b)(3)(vi) suspended; eff. 8-28-12 through 12-31-12............51941
622.34 (v) revised..................................................6998
    (l)(1) amended.................................................21681
    (m) revised....................................................31737
622.35 (e)(2) table correctly amended...............................4494
    (g)(1)(i) revised; (j) amended; (p) added......................15926
    (o) removed....................................................27380
    (l) added; eff. 8-28-12 through 12-31-12.......................51941
622.37 (d)(2)(iii) heading revised; (d)(2)(v) added.................6998
    (e)(1)(iii) and (h) revised....................................15926
    (e)(3)(i) revised..............................................32419
    (e)(1)(v) suspended; eff. 8-28-12 through 12-31-12.............51941
622.39 (d)(1)(viii) revised; (d)(1)(x) added.......................15926
    (d)(1)(iv), (viii) and (ix) suspended; (d)(1)(xi) and (xii) 
added; eff. 8-28-12 through 12-31-12...............................51941
622.40 (d)(1)(i)(B) revised; (d)(1)(i)(C) and (D) added............32419
    (d)(1)(i)(D) revised...........................................72993
622.41 (g)(3)(i)(G) and (H) added; (g)(3)(ii) removed..............21681
622.42 (b) correctly revised........................................4494
    (a)(1)(iii)(A), (B) and (vi) revised............................6998
    (f) amended....................................................15926
    (a)(1)(vi) suspended; (a)(1)(vii) added; eff. 5-14-12 through 
11-10-12...........................................................28310
    (b) correctly removed..........................................29556
    (a)(1)(i) and (2)(i) revised...................................31737
    (e)(5) revised.................................................32420
    (e)(8) removed.................................................34259
    (e)(3) revised.................................................42193
    (a)(1)(iii) introductory text and (A) revised..................45272
    (e)(2) revised.................................................61299
    (a)(1)(v) and (2)(ii) revised..................................67579
622.43 (a)(5) heading revised; (a)(6) removed......................15926
    (a)(5)(iii) revised............................................34259
    (a)(2) removed.................................................72993
622.44 (c)(8) added................................................32420
    (c)(9) added; eff. 8-28-12 through 12-31-12....................51942
    (d) added......................................................67579
622.45 (d)(8) amended; (i)(2) and (3) revised......................15926
    (d)(10) suspended; eff. 8-28-12 through 12-31-12...............51942
622.49 (a)(1)(i), (ii) and (2)(i) amended; (a)(2)(ii), (3), (4) 
        and (5) revised.............................................6998
    (b)(7) through (24), (e), (f) and (g) added....................15927
    (a)(2) suspended; (a)(17) added; eff. 5-14-12 through 11-10-12
                                                                   28310
    (b)(5) revised.................................................32420

[[Page 971]]

    (b)(4) revised.................................................34259
    (a)(3) and (4)(ii)(B) revised..................................45272
    (b)(25) added; eff. 8-28-12 through 12-31-12...................51942
    Heading, (b)(1)(i) and (ii) revised............................61299
    (b)(14)(i) suspended; (b)(14)(iii) added (temporary)...........66746
    (a)(1) revised.................................................67579
622 Appendix E correctly redesignated as Appendix F and revised.....4494
    Appendix A amended.............................................15932
    Appendix D amended.............................................21682
635 Fishery management measures................3393, 44161, 61727, 75896
    Temporary regulations.......3637, 21015, 28496, 31546, 32036, 38011, 
                                                     39648, 53150, 74612
635.2 Amended......................................................45280
    Amended; eff. 1-1-13...........................................47315
635.4 (g)(1), (2) and (3) revised; eff. 1-1-13.....................47315
    (a)(5), (10), (d)(1), (2), (3), (e)(1), (2), (f)(1), (2), 
(g)(1), (2), (3), (h)(1) introductory text, (m)(1) and (2) 
revised; (o) added; eff. 1-2-13....................................59849
635.5 (b)(1)(i), (ii) and (iii) revised; (b)(1)(iv) removed; eff. 
        1-1-13.....................................................47315
635.8 (b)(4), (5), (6) and (c)(4) revised; eff. 1-1-13.............47316
635.20 (f)(2) revised..............................................45280
635.21 (b), (e)(1) introductory text, (3)(i), (4)(iii) and (iv) 
        revised; eff. 1-2-13.......................................59850
    (c)(1)(ii) revised.............................................60637
635.24 Heading revised; (a)(4)(iv), (b)(3) and (c) added; eff. 1-
        2-13.......................................................59851
    (a)(9) revised.................................................60637
635.27 (c)(1)(i)(A), (D), (2)(ii) and (3)(ii) revised..............45280
    (b)(1)(iv)(C) revised; eff. 1-1-13.............................47317
    (c)(1)(i)(A) revised; eff. 1-2-13..............................59851
635.28 (b)(4) revised; eff. 1-1-13.................................47317
635.31 (a)(2)(i) and (ii) added; (c)(2), (4), (5), (6), (d)(1) and 
        (2) revised; eff. 1-1-13...................................47317
    (a)(1), (2)(ii) and (d)(1) revised; eff. 1-2-13................59851
    (c)(6) revised.................................................60637
    (c)(6) correctly revised.......................................72993
635.41 (a) removed.................................................52261
635.71 (a)(3), (d)(11), (14) and (16) revised; (a)(55) added; eff. 
        1-1-13.....................................................47317
    (a)(3), (4), (53), (e)(1), (10), (11) and (16) revised; 
(a)(56) added; eff. 1-2-13.........................................59852
    (d)(19) revised................................................60637
640.7 (y) added....................................................44169
640.22 (b)(4) added................................................44169
    (b)(4)(xvi), (xvii) and (xviii) corrected......................50642
648 Temporary regulations........2022, 5414, 10668, 10977, 14481, 14697, 
         19951, 22678, 25103, 25623, 37816, 40527, 41704, 48915, 52262, 
         52624, 58051, 58321, 58969, 59132, 61299, 64239, 65136, 65326, 
           65498, 66746, 69567, 72242, 72762, 73556, 74390, 75569, 76424
    Fishery management measures........7000, 10978, 23633, 24151, 25100, 
                                       26129, 30224, 67305, 76942, 76950
648.2 Amended...............................................16479, 16945
648.4 (a)(5)(iii) and (iv) correctly revised; (a)(5)(v) and 
        (c)(2)(vii) correctly added.................................7545
    (a)(5)(i), (A), (L)(ii), (10)(iv)(C)(1)(i) and (ii) amended....16480
    (a)(5)(iii)(H)(1) revised......................................71722
648.10 (e)(5)(i), (ii), (f) introductory text, (1), (2), (3), 
        (4)(ii), (5)(i)(A), (g)(1), (h)(1) introductory text and 
        (8) revised; (g)(3)(iii) added.............................20736
648.11 (g)(1) and (5)(i)(A) revised................................20737
648.13 (a) amended.................................................16480
648.14 (g)(1)(ii)(B), (2)(ii), (iii)(A) and (o)(1)(vi) amended.....16480
    (k)(15)(ii)(C) revised.........................................19142
    (a)(1)(iii)(A)(1)(iv), (iv)(C), (2)(ii)(B)(3), (iv)(A), 
(3)(iii)(C), (iv)(B), (v)(B), (4)(i)(C), (D), (E), (ii)(A), 
(4)(iii)(A), (5)(i) and (iii) revised; (i)(1)(iv)(E), (2)(v)(C), 
(D), (e)(iv)(C), (D) and (5)(iv) added; (i)(1)(iii)(A)(1)(v) and 
(2)(v) removed.....................................................20738
    (i)(2)(vi)(B), (C), (3)(v)(C) and (k)(7)(i)(C)(4) removed; 
(k)(13)(ii)(B) revised; (k)(20) added..............................26122
    (k)(5)(i) revised..............................................38740
    Regulation at 75 FR 76316 expiration date extended through 12-
31-13..............................................................72994

[[Page 972]]

    (a)(10)(iii) and (iv) added; eff. 1-1-13 through 12-31-13......72995
    (a)(10)(v) added; interim......................................75063
648.21 (d) revised.................................................51857
648.22 (a)(2), (4), (5), (b)(1), (i)(A), (3)(v), (c)(1)(i), (f) 
        and (1) amended............................................16480
648.23 (a) revised.................................................16479
    (a)(1) revised.................................................51865
648.24 (b)(1) revised..............................................16480
    (a) and (c)(3) amended.........................................16481
648.26 (b) amended.................................................16481
    (a)(1)(i), (ii) and (iii) correctly revised....................23636
648.27 Heading and (a) through (d) amended.........................16481
648.51 (b)(1) revised; (b)(5) added................................20738
648.53 (f) revised.................................................16946
    (b)(4)(vii), (h)(2) introductory text, (i), (ii)(C), (iv), 
(3)(i)(A) and (5)(iii) revised.....................................20739
    Regulation at 77 FR 16946 confirmed............................26704
    (b)(4)(v) suspended (temporary)................................73960
648.55 (c)(1) and (5) revised......................................20740
648.56 (d) revised.................................................20740
648.58 (f) added; eff. 6-13-12 through 11-10-12....................28314
    (e) added (temporary)..........................................73960
648.59 (b)(3) and (c) heading revised..............................20740
    (a) and (b)(5)(i) suspended; (b)(5)(iii) added; eff. 6-13-12 
through 11-10-12...................................................28314
648.60 Heading and (g)(2) revised..................................20740
    (a)(5)(ii)(C)(1) and (3) removed; (g)(1) revised...............26122
    (a)(3)(i)(B)(2), (C)(2), (D)(2), (d)(1)(ii), (iv) and 
(e)(1)(ii) suspended; (a)(3)(i)(B)(5), (C)(5), (D)(4), (d)(1)(vi) 
and (e)(1)(iv) added; eff. 6-13-12 through 11-10-12................28314
    (e)(1)(iii) suspended; (e)(1)(v) added; eff. 11-10-12 through 
5-14-13............................................................64917
648.61 (a)(4) revised..............................................20741
648.62 Heading, (a), (b) introductory text, (2) and (c) revised....20741
648.63 (b)(2)(i) and (iii) revised.................................20741
648.64 (b)(2)(i), (ii), (c)(2) and (e) revised; (f) removed........20742
    (a) introductory text, (b)(1) and (c)(1) revised...............26122
648.76 (a)(4) revised; interim.....................................75063
648.80 (a)(8)(iii) and (16)(iii) revised...........................19142
    (b)(2)(vi) revised; (b)(12) added..............................38740
648.81 (c)(2)(ii)(B), (f)(2)(iii)(B) and (n) revised; (o) removed 
                                                                   26123
648.82 (f) revised; (m) removed....................................16946
    (n)(2)(i)(A), (2)(ii) introductory text, (L), (M) and (N) 
revised; (n)(2)(ii)(O) and (P) removed.............................26123
    Regulation at 77 FR 16946 confirmed............................26704
648.85 (b)(5) and (6)(iv)(J)(3)(i) through (v) revised; 
        (b)(6)(iv)(J)(3)(vi), (c)(1), (2) and (3) removed..........26124
648.86 (d)(4) added................................................19142
    (c) revised....................................................26125
648.87 (e) added...................................................16947
    (c)(2)(i) revised..............................................26125
648.88 (d) revised.................................................19143
648.89 (b)(1) introductory text amended; (b)(3), (c)(1)(i) and 
        (2)((i) suspended; (b)(5), (c)(1)(iv) and (2)(vi) added 
        (temporary); interim.......................................19951
    Regulation at 77 FR 19951 withdrawn............................25630
    (e)(1) and (3)(ii) revised.....................................26125
648.90 (a)(2)(iii) revised.........................................16948
    Introductory text, (b) and (c)(1)(ii) revised..................19143
    (a)(4)(iii)(C) revised; (a)(5)(i)(D), (E) and (iv) added.......26125
648.92 (b)(4) revised..............................................16948
    Regulation at 77 FR 16948 confirmed............................26704
648.107 (a) introductory text and (b) revised......................30431
648.124 (a)(2) and (b)(2) amended..................................16481
648.127 Revised....................................................30431
648.128 (a) revised................................................30431
648.145 (a) revised................................................30431
648.146 Revised....................................................30431
648.322 (b) introductory text and (c)(4) revised...................25100
648 Figure 1 revised...............................................26127

                                  2013

50 CFR
                                                                   78 FR
                                                                    Page
Chapter VI
600.315 Revised....................................................43086

[[Page 973]]

600.725 (v) table amended..........................................52028
622 Temporary regulations...907, 7279, 9848, 10102, 13284, 14225, 15641, 
         15642, 16817, 18247, 25213, 25861, 28146, 30779, 32995, 34586, 
           36444, 37148, 47212, 58248, 5928761939, 61989, 64181, 64888, 
                                68372, 68373, 71529, 71530, 72583, 76758
    Revised; interim...............................................22952
    Fishery management measures.............................35571, 78776
622.1 (d) table amended............................................78775
622.2 Amended...............................................17884, 78775
    Amended; eff. 4-17-13 through 9-23-13..........................23051
622.13 (g) added...................................................46293
    Revised........................................................57535
    (g) added......................................................78781
622.20 (b)(1)(i)(A) and (B) revised; (b)(1)(iv) added..............46293
622.30 (c) removed; introductory text revised......................46822
622.33 (a) amended; (c) removed....................................78775
622.34 (f) added...................................................27087
    (d) and (e) revised............................................33261
622.38 (b)(5) revised.......................................27087, 46822
    (b)(2) revised.................................................78775
622.39 (a)(1)(vi) suspended; (a)(1)(vii) added; eff. 4-17-13 
        through 5-15-13............................................23052
    (c)(1) suspended; (c)(3) added; eff. 4-17-13 through 9-23-13 
                                                                   23052
    (a)(1)(vi) revised.............................................27087
    (a)(1)(i) and (2)(i) revised............................32181, 57318
622.41 (b) suspended; (q) added; eff. 4-17-13 through 5-15-13......23052
    (b) revised....................................................27087
    (b) suspension correctly lifted; (b) correctly revised.........40044
    (n) amended....................................................46822
622.43 (a)(1)(ii) suspended through 9-23-13; (a)(1)(iv) added......17884
    (b) added......................................................27087
622.44 Removed.....................................................57536
622.48 (d) revised..................................................6220
622.49 (a)(4)(ii), (5)(ii)(B), (C) and (D) revised..................6220
622.61 Removed.....................................................57536
622.78 Removed.....................................................57536
622.93 Removed.....................................................57536
622.170 (a)(1) revised; (f) added..................................23862
622.176 (b) revised................................................78781
622.181 (b)(2) revised.............................................44464
    (b)(1) revised; (b)(4) added...................................78775
622.183 (b)(5) added...............................................44464
    (b)(4) removed.................................................47579
    (b)(1) heading revised.........................................49184
    (b)(6) added...................................................58253
622.185 (a)(1) removed.............................................44465
622.187 (b)(4) and (9) revised.....................................44465
    (b)(2), (5) and (8) revised....................................78775
622.188 (g) revised................................................23863
622.190 (a)(2) revised.............................................23863
    (a) introductory text, (4)(i), (ii) and (6) revised............47579
    (a)(7) and (c)(1) heading revised..............................49185
    (a)(5) revised.................................................58253
622.191 (a)(2) revised.............................................23863
    (a)(9) added...................................................44465
    (a)(6) revised.................................................47579
622.192 (j) revised................................................44465
622.193 (n)(1) suspended; (n)(3) added; eff. 4-17-13 through 5-6-
        13.........................................................23052
    (a)(1) revised; (d)(1)(i), (g)(1)(i), (h)(1)(i), (i)(1)(i), 
(j)(1)(i), (l)(1)(i), (m)(1)(i), (o)(1)(i), (p)(1)(i), (q)(1)(i), 
(s)(1)(i), (t)(1)(i), (u)(1)(i), (w)(1)(i) and (x)(1)(i) amended 
                                                                   23863
    (h)(1)(i), (2), (i)(1)(i), (2), (j)(1)(i), (2), (l)(1)(i), 
(2), (m)(1)(i), (2), (p)(1)(i), (2), (q)(1)(i), (2), (s)(1)(i), 
(2), (t)(1)(i), (2), (u)(1)(i), (u)(2), (w)(1)(i), (2), (x)(1)(i) 
and (2) amended....................................................36115
    (y) added......................................................44465
    (f) and (v) revised............................................47579
    (b), (c) and (n)(1)(i) revised; (n)(2) amended.................49185
    (e)(2) revised.................................................58253
    (s) removed....................................................78776
622.194 (a) revised................................................23864
622.195 Removed....................................................57536
622.211 Removed....................................................57536
622.228 Removed....................................................57536
622.253 Removed....................................................57536
622.271 (b) revised................................................78781
622.280 (a)(1) and (b)(1) revised..................................23864
622.282 Removed....................................................57536
622.304 Removed....................................................57536
622.373 (b)(1) and (2) revised; (e) added..........................46293
622.374 (b) revised................................................78782
622.390 Removed....................................................57536
622.414 Removed....................................................57536
622.436 (a) revised; (b) and (c) added.............................45896
622.441 Removed....................................................57536
622.460 Removed....................................................57536
622.475 Removed....................................................57537

[[Page 974]]

622.491 (a) revised; eff. 10-15-13.................................56173
622.495 (a) revised; (b) added; eff. 10-15-13......................56173
622.498 Removed....................................................57537
622 Appendix A amended.............................................33256
    Appendix E revised.............................................33258
    Appendix A revised......................................49185, 78776
635 Temporary regulations......11788, 20258, 26709, 42021, 50346, 54195, 
                                                            59878, 77362
    Fishery managment measures................28758, 36685, 70500, 72584
635.2 Amended......................................................40346
    Amended........................................................52028
635.4 (b)(1), (c)(1), (2), (f) introductory text, (1), (2), (4), 
        (h)(1) introductory text, (j)(3) and (m)(2) revised; 
        (c)(4) and (f)(5) added....................................52028
635.5 (c)(1) revised...............................................40346
635.20 (a) and (e)(2) revised; (e)(4) added........................40346
635.21 Introductory text removed; (c)(5)(iii)(C) introductory text 
        revised....................................................40346
    (e)(2)(i), (ii), (4)(i), (iv) and (g) revised; (e)(4)(v) added
                                                                   52030
635.22 (c)(2) revised..............................................40346
    (f) introductory text, (1) and (2) revised.....................52030
635.24 (a)(2), (3) and (4)(ii) revised; (a)(7) removed.............40347
    (b)(4) added...................................................52030
635.27 (b) revised.................................................40347
    (c)(1)(i)(A) and (B) revised...................................52031
635.28 Heading and (b) revised.....................................40348
    (c)(1)(i)(C) and (D) added.....................................52031
635.31 (c)(1) and (4) revised......................................40349
635.34 (a) revised.................................................52031
635.69 (e)(5) added................................................68763
    (a)(1), (2), (3), (d) introductory text, (e)(1), (2) and (3) 
revised............................................................68764
635.71 (d)(3) and (4) revised......................................40349
    (e)(8) and (15) revised; (e)(18) added.........................52031
635 Appendix A amended.............................................40349
640 Removed........................................................23052
648 Fishery management measures.......12625, 14226, 14230, 25591, 26523, 
                                                            76077, 78786
    Temporary regulations...33, 9849, 10556, 13812, 20037, 21071, 25003, 
         34928, 42478, 45896, 47580, 51096, 52711, 54194, 54399, 59626, 
         61826, 61827, 61838, 62331, 63406, 64182, 65888, 66857, 70890, 
                                72585, 75267, 76759, 76765, 76766, 77005
648.2 Correctly amended............................................42891
    Amended........................................................49187
648.4 (a)(5)(ii) revised............................................3353
    (a)(1)(ii) revised; interim....................................26154
648.7 (f)(2)(i) revised............................................20264
    (a)(4) and (h) removed; (i) redesignated as new (h); (e)(3) 
revised; interim...................................................26154
    (b)(2)(ii) revised.............................................49187
648.10 (k)(1)(iii) revised; (k)(1)(iv) added; interim..............26154
    (f)(1) revised.................................................27098
648.11 (k)(1) and (2) revised; (l) added; interim..................26154
    (g)(1), (2)(ii), (5) introductory text, (i), (B) and (ii) 
revised............................................................27099
    (g)(2)(ii) and (5) introductory text correctly revised.........42891
648.13 (e) revised.................................................20264
648.14 (g)(2)(ii)(E) and (F) revised................................3353
    (k)(14)(x), (18)(i)(B), (C) and (D) removed; (k)(14)(xi) and 
(xii) redesignated as (k)(14)(x) and (xi); (e)(1), new (k)(14)(x), 
new (xi), (19) introductory text, (i) and (20) revised; interim....26155
    (k)(5)(i) revised; interim.....................................26522
    (i)(2)(vi)(F), (G), (4)(i)(G), (iii)(E) removed; 
(i)(1)(iii)(A)(1)(iii), (2)(iii), (3)(i)(B), (4)(i)(A) and 
(iii)(D) revised...................................................27099
    (r)(1)(vi)(G) Added............................................61837
    Regulation at 78 FR 61837 eff. date corrected..................62471
    (r)(1)(vi)(G) Added............................................61837
    (a)(10)(iii) and (iv) added....................................78785
648.22 (b)(2)(i) and (ii) revised; (b)(3)(v), (vi) and (vii) 
        redesignated as (b)(3)(vi), (vii) and (viii); new 
        (b)(3)(v) added.............................................3353
648.23 (a)(1) revised...............................................3354
648.24 (a)(1), (b)(6), (c) and (d) revised..........................3354
    (b)(6) removed; (b)(2) through (5) revised.....................76762
648.26 (d) revised..................................................3354
648.27 (a), (c) and (d) revised.....................................3355

[[Page 975]]

648.51 (b) introductory text, (1) and (5)(ii) revised..............27100
648.52 (a) and (g) revised.........................................27100
648.53 (b)(5) removed; (a), (b)(1), (4), (c), (g), (h)(3)(i)(B) 
        and (5) revised............................................27100
    (b)(4) introductory text correctly revised.....................42891
648.54 (c) revised.................................................27104
648.58 (a) and (b) added...........................................27104
648.59 Revised.....................................................27104
648.60 (a)(3)(ii)(A), (4)(i), (c)(5)(ii)(A) and (e)(3) removed; 
        (a)(3)(i), (5)(i), (d), (e)(1) and (g)(4)(ii) revised......27107
648.61 (a)(1) and (5) revised......................................27108
648.62 (b)(1) revised..............................................27108
648.64 (d) removed; (a), (b)(1), (c) and (e) revised...............27108
648.76 (a)(4) revised..............................................49971
648.80 (a)(6)(i)(B), (F), (9)(i)(A), (ii), (15)(i)(B), (16)(i)(A) 
        and (ii)(A) revised........................................20264
    (a)(3)(vii) revised; interim...................................26155
    (a)(3)(vi) revised; (a)(19) added; interim.....................26523
648.82 (k)(2)(i), (n)(1) introductory text, (2)(ii) introductory 
        text, (A), (B), (H), (I), (J), (M) and (vi) revised; 
        (n)(2)(iv) removed; interim................................26155
    (n)(2)(vii) added; interim.....................................26207
648.83 (a)(1) revised; interim.....................................26158
    (a)(1) stayed 6-10-13 to 7-1-13................................34587
648.84 (e) added; interim..........................................26158
    (e) correctly amended..........................................34587
648.85 (a)(2)(ii), (iii), (3)(iv)(E), (b)(7)(iv)(H), (8)(v)(C) and 
        (d) revised; interim.......................................26158
    (b)(5) introductory text, (i), (6)(iv)(D), (8)(v)(F) and (H) 
revised; (b)(5)(iii) added; interim................................26207
    (a)(3)(ii)(A) introductory text revised........................53367
648.86 (d)(1)(i) introductory text, (ii) introductory text, (iii) 
        introductory text and (4)(ii) revised......................20265
    (a)(3)(ii)(A)(1), (3),(4); interim.............................26159
    (l) revised; interim...........................................26208
    (a)(3)(ii)(A)(4) revised.......................................53367
648.87 (b)(1)(ii)(A) through (F) added; (b)(4)(iii) and (5) 
        removed; (b)(4)(iv) and (6) redesignated as (b)(4)(iii) 
        and (5); (b)(1)(v)(B), (vi)(B), (2)(xi), (4) introductory 
        text, (i)(F), (G), (I), (J), (ii), new (5) and (c)(2)(i) 
        revised; interim...........................................26160
    (b)(1)(i)(A), (c)(2)(ii)(A) revised; (b)(1)(i)(C) suspended; 
(b)(1)(i)(F) and (G) added; interim................................26208
    (b)(1)(ii)(F), (5)(iii)(A) and (c)(2)(i) introductory text 
revised............................................................53367
    (b)(1)(i)(C) suspended (temporary).............................64890
648.89 (f)(2) revised; (f)(3) added; interim.......................26164
    (c)(7) removed; (c)(6), (8) and (9) redesignated as (c)(5), 
(6) and (7); interim...............................................26208
648.90 (b)(1) introductory text, (i), (ii), (iii), (iv)(A), (2) 
        introductory text, (i)(C), (ii)(C), (3), (4), (5)(ii) and 
        (c)(1) revised.............................................20265
    (a)(4)(iii) introductory text, (B), (C), (E), (iv)(B) and (5) 
revised; (a)(4)(iii)(F), (G) and (H) added; interim................26164
    (a)(4)(iii)(C) and (a)(5)(i)(A) revised; (a)(5)(i)(D)(4) 
removed; interim...................................................26208
    (a)(4)(iii)(E), (5)(i)(D) introductory text and (2) revised; 
(a)(5)(i)(D)(4) removed............................................53368
648.94 (b)(1)(i) and (ii) suspended; (b)(1)(iii), (iv), (v) and 
        (h) added; interim; eff. 5-1-13 through 10-27-13...........25225
    (b)(3)(i) suspended; (b)(3)(iv) added (temporary)..............63899
648.103 (b)(3) added; (c), (d) and (e) revised.....................76763
648.104 (b) revised................................................37479
648.106 (a) revised................................................37479
648.107 Revised....................................................37479
648.123 (b), (c) and (d) revised; (e) added........................76763
648.126 (b) revised................................................37480
648.127 revised....................................................37480
648.128 (a) revised................................................37480
648.143 (b), (c) and (d) revised; (e) added........................76764
648.145 (a) revised................................................37480
648.146 revised....................................................37480

[[Page 976]]

648.163 (d) and (e) revised........................................76765
648.201 (a)(2) revised; interim....................................26169
    (a)(1), (d) and (f) revised....................................61837
    Regulation at 78 FR 61837 eff. date corrected..................62471
    (a)(1), (d) and (f) revised....................................61837
648.235 (a) introductory text, (1), (b) introductory text and (1) 
        revised....................................................25864
648.292 (e) revised................................................49187
648.294 Revised....................................................49187

                                  2014

50 CFR
                                                                   79 FR
                                                                    Page
Chapter VI
600 Authority citation revised.....................................64111
600.502 Table 1 amended............................................64111
600.725 (v) table amended..........................................76916
600.1500--600.1518 (Subpart Q) Added...............................77404
622 Temporary regulations.....3136, 4823, 5300, 8635, 9427, 9866, 12411, 
         12957, 19836, 21875, 22594, 22883, 24353, 26375, 32496, 32497, 
         32498, 35292, 38475, 38476, 42462, 50563, 51113, 53006, 53144, 
         54668, 55658, 61262, 61585, 62358, 62575, 64127, 68373, 70120, 
                                                            71959, 72996
    Authority citation revised.....................................55403
    Nomenclature changes...........................................57837
    Fishery management measures....................................60379
622.2 Amended......................................................19493
622.4 (h) amended..................................................19493
622.5 (c) added....................................................19493
622.7 (d) and (e) revised..........................................66322
622.11 (a)(1) amended..............................................19494
622.13 (pp) added...................................................6099
    (h) added......................................................19494
622.14 Removed.....................................................10029
622.20 (c)(1) revised..............................................19494
622.21 (b)(2) revised..............................................19494
    (a)(5), (b)(3)(i), (iii), (5)(i), (ii) and (iv) revised; 
(a)(6) removed; (b)(1) and (5)(v) amended; eff. 10-27-14...........57834
622.22 (b)(2) revised..............................................19494
    (a)(8) added; (b)(1) and (5)(v) amended; (b)(3)(i), (iii), 
(5)(i), (ii) and (iv) revised......................................57835
622.25 Revised.....................................................19494
622.26 (b) revised..................................................6099
    (c) revised....................................................19494
622.39 (a)(1)(i) and (2)(i) revised.................................6100
    (a)(1)(ii) and (iii)(A) revised................................72556
622.40 (b) and (c) revised.........................................19494
622.41 (q) added; eff. 5-15-14 through 11-11-14....................27771
    (c)(1), (f)(1) and (g)(1) revised..............................72557
622.90--622.93 (Subpart E) Revised.................................19494
622.101 Revised; eff. 10-16-14.....................................55403
622.170 (c)(1) revised.............................................19495
622.172 (b), (c)(6), (7) and (d)(4) revised........................19495
622.176 (c) revised................................................19495
622.190 (a)(5) revised; (c)(1)(iii) removed........................66322
622.191 (a)(7) and (8) revised.....................................66322
622.192 (b) and (c) revised........................................19495
622.193 (h) suspended; (z) and (aa) added; eff. 4-17-14 through 
        10-14-14...................................................21639
    (e)(2), (f)(2)(i) and (ii) revised.............................66322
622.200 (c) heading and (1) revised................................19495
622.203 (b) revised................................................19495
622.209 (a)(2) and (3) revised.....................................19496
622.240 (b)(1) revised.............................................19496
622.242 (b) revised................................................19496
622.250 (c) and (d) revised........................................19496
622.270 (d) heading and (1) revised................................19496
622.271 (c) revised................................................19496
622.279 Revised....................................................19496
622.280 Revised....................................................32879
622.281 (a) revised................................................32880
622.370 (c) revised; (d) added.....................................19496
    (a)(1) and (3) revised.........................................34250
622.371 (c), (d) and (e) removed; (f) redesignated as new (c)......34250
622.374 (b) revised.................................................6100
    (c) revised....................................................19496
622.377 (b)(2)(iii) revised; (b)(2)(vi) added......................68805
622.384 Introductory text amended; (c)(2) revised..................69060
622.385 Introductory text amended; (a)(2)(i) revised...............68805
    (b)(2) amended.................................................69060
622.386 (b) and (c) added..........................................19496
    (a) revised; (d) and (e) added.................................34251
622.387 Removed....................................................68805
622.388 Introductory text added; (c)(3) and (d)(3) revised; 
        (d)(2)(i) amended..........................................69060
622.400 (a)(5) added...............................................19497
622.401 Added......................................................19497
622.416 Added......................................................19497
622 Appendix F correctly reinstated; CFR correction................51501

[[Page 977]]

635 Temporary regulations......15924, 20108, 25707, 28849, 30745, 31227, 
                         43267, 47381, 50854, 53344, 71029, 75068, 77943
    Fishery management measures...............38255, 71331, 74652, 78310
635.2 Amended......................................................71587
635.4 (j)(3) and (o)(4) revised....................................71588
635.5 (a)(3), (b)(2)(i)(A) and (c)(1) revised; (a)(4) redesignated 
        as (a)(5); new (a)(4), (6) and (b)(2)(iii) added...........71588
635.9 Added........................................................71588
635.14--635.16 (Subpart B) Heading revised.........................71590
    635.14 Added...................................................71590
635.15 Added; eff. in part 1-1-16..................................71591
635.19 Added.......................................................71594
635.29 Revised.....................................................72559
635.21 (a)(4)(vii) removed.........................................10029
    (a)(4)(i) and (d)(1)(ii) revised...............................68136
    Revised........................................................71594
635.23 Heading, (d), (e) and (f) revised...........................71601
635.27 (c)(3)(ii) revised..........................................49721
    (a) introductory text, (1), (2), (3), (4)(i) through (iv), 
(5), (6), (7) heading, (i), (9), (10)(i), (ii) and (iii) revised; 
(a)(4)(v), (8)(x) through (xiv) and (e) added......................71602
635.28 (a) revised; (b)(6), (c)(3) and (d) added...................71604
635.31 (a)(1), (2), (c)(1), (4), (d)(1) and (2) revised............71605
635.34 (a), (b) and (d) revised....................................71606
635.51 Revised.....................................................72559
635.52 Revised.....................................................72559
635.53 Revised.....................................................72560
635.54 Added.......................................................72560
635.69 (a) introductory text and (1) through (4) revised; (e)(4) 
        added......................................................71606
635.71 (a)(14), (19), (23), (31), (33), (34), (40), (b)(5), (7), 
        (8), (13), (17), (23), (36), (38), (c)(1), (7), (d)(12), 
        (13), (e)(8), (11), (16) and (18) revised; (a)(57) through 
        (60) and (b)(41) through (59) added........................71606
    (a)(61) added; (b)(21), (c)(2), (d)(5) and (e)(5) revised; 
(b)(29) removed....................................................72560
648 Temporary regulations.......3137, 10421, 12958, 15046, 15252, 19497, 
         22419, 23278, 28850, 30483, 32170, 42696, 44141, 45729, 46718, 
         47024, 49462, 51503, 51917, 56669, 57837, 58700, 63563, 63577, 
                  64128, 66323, 66324, 67090, 70472, 71339, 72560, 76917
    Fishery management measures........15253, 24356, 29371, 35293, 78311
    Regulation at 78 FR 76077 confirmed............................22047
648.2 Amended...........................8812, 10046, 41924, 52580, 71968
    Suspended and amended in part; eff. 11-13-14 to 4-30-15........67369
648.4 (a)(10)(ii) revised; (a)(10)(vi) added........................8812
    (c)(2)(iii)(A) suspended from 12-29-14 to 4-30-15; 
(c)(2)(iii)(C) added eff. to 4-3015................................77949
648.7 (b)(2)(i), (3)(i) introductory text, (i)(A) and (C)(2) 
        revised.....................................................8813
    (b)(3)(ii) and (iii) added; (f)(2)(i) revised..................10046
    Regulation at 79 FR 10046 eff. date corrected to 9-1-14........15255
    (a)(1)(iii) and (b)(1)(iii) revised............................51506
    (b)(3)(i) introductory text revised............................71968
648.9 (a) and (d) revised..........................................77410
648.10 (b)(8) and (c)(2)(i)(B) revised; (c)(2)(i)(C) removed; (m) 
        added.......................................................8813
    (b)(9), (10), (n) and (o) added................................10046
    Regulation at 79 FR 10046 eff. date corrected to 9-1-14........15255
    (f)(4)(i) revised..............................................34259
    (k)(3)(i)(A) added.............................................67369
    (l) removed....................................................71968
648.11 (m) added....................................................8814
    (n) added......................................................10047
648.13 (f)(2)(i) revised............................................8814
    (i)(2)(ix) amended.............................................52580
648.14 (r)(1)(ii)(C) and (vii)(B) revised; (r)(1)(viii)(C), (D) 
        and (2)(viii) through (xii) added...........................8814
    (g)(2)(v) through (vii) added..................................10047
    (i)(2)(iii)(D) revised.........................................22446
    (k)(11)(iv)(A) revised.........................................31053
    (i)(1)(iii)(A)(3) introductory text, (2)(ii)(B)(3), (5), (6) 
and (9) revised; (i)(2)(ix) added; (i)(4)(iii)(D) removed..........34259

[[Page 978]]

    (g)(2)(iii)(A), (i)(1)(vi)(B), (2)(v)(C), (3)(iv)(C), 
(k)(5)(ii), (vi)(B), (vii)(B), (6)(i)(E), (13)(ii)(G), (14), 
(r)(1)(vi)(C), (F), (vii)(A) and (D) amended.......................52580
    (a)(10)(iii) suspended; (a)(10)(vi) added; eff. 10-
1-14 through 12-31-14..............................................59152
    (a)(10)(iii) suspended; (a)(10)(vi) added; eff. 10-1-14 
through 12-31-14...................................................59152
    (k)(6)(i)(E), (7)(i)(A), (B), (12)(v)(E), (F), (13)(i)(D)(1) 
through (4), (ii)(B), (C), (D), (14)(viii), (16)(iii)(A), (B) and 
(C) suspended; (k)(12)(i) introductory text and (13)(i) 
introductory text revised; (k)(6)(i)(H), (7)(i)(H), (I), (J), 
(12)(v)(K), (L), (13)(i)(D)(5), (6), (ii)(K), (L), (M), (14)(xii), 
(16)(iii)(D), (E) and (F) added; eff. in part 11-13-14 to 4-30-15 
                                                                   67369
    (r)(1)(ii)(B) revised..........................................71968
    (k)(12)(v)(K), (L), (13)(ii)(K), (L), (M), (16)(iii)(D) and 
(F) suspended from 12-29-14 to 5-12-15; (k)(12)(v)(M), (N), 
(13)(ii)(N), (O), (P), (16)(iii)(G) and (H) added eff. 12-29-14 to 
5-12-15............................................................77949
648.17 (b)(3) amended..............................................52580
648.22 (b)(2)(vi) and (4) added....................................10048
    (b)(3)(vi) and (vii) revised...................................18481
648.23 (a)(2) introductory text, (ii) and (3) amended..............52580
    (b) removed....................................................52582
648.24 (c)(3) revised; (c)(5) added................................18481
648.25 (a)(1) revised..............................................10048
648.27 Removed.....................................................10048
648.51 (b)(3)(iii) removed; (b)(4)(iv) introductory text, (A), 
        (5)(ii)(A) introductory text, (C), (c) introductory text, 
        (1), (2) and (e)(3)(i) revised.............................34259
    (b)(4)(iv)(B) revised..........................................34260
    (a)(1) and (b)(5)(ii)(C) amended...............................52580
648.53 (a) introductory text, (1), (3), (4)(i), (ii), (b)(1)(i), 
        (ii), (4) introductory text, (g)(1) introductory text, 
        (h)(2)(v)(A), (5)(i), (ii)(A), (iii), (iv) introductory 
        text, (A) and (D) revised; (b)(4)(i) added.................34260
648.55 (d) revised.................................................34262
648.57 Revised.....................................................34262
648.58 (b) revised.................................................34262
    (c) amended....................................................52580
648.59 (b) through (e) revised.....................................34262
    (f) amended....................................................52580
648.60 (a)(5)(ii)(C) revised.......................................22446
    (a) introductory text, (3)(i), (5)(i), (c)(5)(ii), (v), (e) 
and (g) revised; (a)(3)(iii) added.................................34263
    (a)(4) and (7) amended.........................................52580
648.61 Revised.....................................................34265
    (b) amended....................................................52580
648.62 (b)(2) amended..............................................52580
648.64 (a), (b)(1), (c)(1)(i), (2)(ii), (iii) and (iv) revised.....34266
648.65 Added.......................................................34268
648.80 (d)(7)(iii)(B) revised.......................................8815
    (g)(5)(i) revised..............................................22446
    (a)(3)(vi), (4)(i), (ii), (iii), (iv) introductory text, 
(6)(i)(E), (7)(i), (ii), (iii)(A), (10)(i)(C), (b)(2)(i), (ii), 
(iii), (iv) introductory text, (vi), (3)(ii), (6)(i)(C), 
(9)(1)(E), (c)(2)(i), (ii), (iii), (v) introductory text and (3) 
amended............................................................52580
    (a)(4)(iv)(B)(2), (b)(2)(iv)(B)(1) and (c)(2)(v)(B)(1) amended
                                                                   52582
    (a)(3)(viii) and (4)(ix) suspended from 12-29-14 to 5-12-15; 
(a)(3)(ix) and (4)(x) added eff. 12-29-14 to 5-12-15...............77950
    (a)(3)(vi), (4)(iii), (g)(6)(i) and (ii) suspended; 
(a)(3)(viii), (4)(ix), (g)(6)(iii) and (iv) added; eff. 11-13-14 
to 4-30-15.........................................................67370
648.81 (b)(2)(iv), (h)(2)(i), (j)(2)(i), (k)(2)(i), (l)(2)(i), 
        (m)(2)(i) and (n)(2)(iii)(B) amended.......................52580
    (d)(1), (2), (e)(1), (2), (f)(1), (2) and (g)(1)(i) suspended; 
(d)(3), (4), (e)(3), (4), (g)(1)(vii) and (o) added; eff. 11-13-14 
to 4-30-15.........................................................67371
    (d)(3), (4), (o)(1)(iii), (iv), (viii), (ix) and (x) 
suspended; (d)(5), (6) and (o)(1)(xi) through (xv) added; eff. 12-
29-14 to 5-12-15...................................................77950
648.82 (b)(6)(iv) and (j)(1)(ii)(A) amended........................52580
    (b)(5) and (6) suspended; (b)(7) and (8) added; eff. 11-13-14 
to 4-30-15.........................................................67373
    (b)(7) and (8) suspended from 12-29-14 to 5-12-15; (b)(9) and 
(10) added eff. 12-29-14 to 5-12-15................................77951

[[Page 979]]

648.85 (a)(2)(ii) and (b)(6)(iv)(B) revised; (a)(2)(iv) added......22446
    (a)(3)(v) revised..............................................31053
    (a)(3)(iii) introductory text, (iv)(E), (vii), (b)(3)(x)(A) 
and (8)(v)(E)(1) amended...........................................52580
    (b)(6)(iv)(J)(1) amended.......................................52582
    (b)(6)(iv)(D) suspended; (b)(6)(iv)(K) added; eff. 11-13-14 to 
4-30-15............................................................67374
    (b)(6)(iv)(K) suspended from 12-29-14 to 5-12-15; 
(b)(6)(iv)(L) added eff. 12-29-14 to 5-12-15.......................77952
648.86 (d)(4) introductory text revised............................24356
    (a)(3)(ii) and (b)(4)(ii) amended..............................52580
    (b)(1) through (4) suspended; (b)(5), (6) and (7) added; eff. 
11-13-14 to 4-30-15................................................67374
    (b)(5), (6) and (7) suspended from 12-29-14 to 5-12-15; 
(b)(8), (9) and (10) added eff. 12-29-14 to 5-12-15................77952
648.87 (b)(1)(i)(B) and (c)(2) introductory text revised; 
        (e)(3)(iv) added; (b)(1)(i)(F) and (G) removed.............22447
    (b)(1)(i)(C) removed; (b)(1)(i)(C) heading, (1) introductory 
text, (i), (ii) and (2) added......................................36436
    (b)(1)(i)(C)(2)(i) added; eff. 6-27-14 through 12-24-14........36436
    (b)(1)(v)(A), (ix), (c)(2)(i), (ii)(A) and (B) suspended; 
(b)(1)(v)(C), (x), (c)(2)(ii)(E), (F) and (iii) added; eff. 11-13-
14 to 4-30-15......................................................67374
    (b)(1)(x), (c)(2)(ii)(E) and (iii) suspended from 12-29-14 to 
5-12-15; (b)(1)(xi), (c)(2)(ii)(G) and (iv) added eff. 12-29-14 to 
5-12-15............................................................77953
648.88 (a)(2)(iv) amended..........................................52580
    (a)(1) suspended; (a)(3) added; eff. 11-13-14 to 4-30-15.......67375
    (a)(3) suspended from 12-29-14 to 5-12-15; (a)(4) added eff. 
12-29-14 to 5-12-15................................................77953
648.89 (a) amended.................................................52580
    (b)(3), (c)(1), (2), (e)(1), (2) and (3) suspended; (c)(8), 
(e)(4), (5) and (6) added; eff. 11-13-14 to 4-30-15................67375
    (c)(8) and (e)(4) suspended from 12-29-14 to 5-12-15; (c)(9) 
and (e)(7) added eff. 12-29-14 to 5-12-15..........................77953
648.90 (a)(2)(iv) through (vii) and (4)(iii)(G) revised; 
        (a)(2)(viii), (4)(i)(A), (B), (5)(iv) and (v) added........22447
    (b)(5) revised.................................................24356
    (a)(5)(i)(D)(2) and (3) amended................................52580
648.91 (c)(2)(ii) amended..........................................52580
648.92 (b)(1)(i), (ii), (2), (3) and (9)(i) revised................41924
648.93 (b) removed; (a)(1) and (2) redesignated as new (a) and (b)
                                                                   41924
648.94 (b)(1)(ii), (2)(i), (ii), (3)(i), (c)(1)(i) and (f) revised
                                                                   41924
    (e) amended....................................................52580
648.95 (a)(2), (c), (e)(3), (f), (g) heading, (1) and (3) revised; 
        (g)(4) added...............................................41925
    (f) amended....................................................52580
648.107 Revised....................................................38264
648.108 (e) amended................................................52583
648.124 (c) amended................................................52580
648.125 (a)(1) and (5) amended.....................................52580
648.126 (b) revised................................................38264
648.144 (a)(4) amended.............................................52583
648.145 (a) revised................................................38265
648.146 Revised....................................................38265
648.200 (f)(4) added; (g) revised...................................8815
    (a) introductory text, (f) and (g) revised; (b)(2) added.......71968
648.201 (a)(2), (b) and (c) amended................................52580
    (a)(2) and (e) revised; (a)(4) added...........................71971
648.202 (b) added...................................................8816
    (a) amended....................................................52580
648.204 (b) revised.................................................8816
    (a) revised....................................................71972
648.205 Revised.....................................................8816
648.206 (b)(30) and (31) revised; (b)(32) through (37) added........8817
    (b)(36) and (37) revised; (b)(38) added........................71972
648.232 (a), (b) and (e) revised; (c)(3) and (f) added.............41143
648.233 (a) revised................................................41144
648.235 (a) introductory text and (b) revised; (c) removed.........41144
    (a)(1) revised.................................................46378
648.292 (b) revised................................................64333

                                  2015

50 CFR
                                                                   80 FR
                                                                    Page
Chapter VI
600.155 Revised; eff. 10-26-15.....................................57738

[[Page 980]]

600.705 (g) added..................................................62500
600.745 (a) amended................................................62500
600.705 (g) added..................................................62500
600.745 (a) amended................................................62500
622 Temporary regulations.....3495, 4517, 6464, 8559, 9230, 9665, 10392, 
         11330, 16306, 18551, 19243, 25966, 32478, 34538, 36249, 36932, 
         37180, 38015, 39715, 48041, 53263, 53473, 56930, 56931, 56932, 
                         59665, 62501, 65970, 71973, 74001, 74710, 77588
622.2 Amended.......................................................4218
622.5 (c)(1)(i) revised............................................78674
622.7 (b)(1) revised................................................4218
622.8 (a) and (c) revised..........................................22429
622.21 (b)(1), (2), (3)(i), (iii), (iv), (5)(v), (6)(ii), (iv) and 
        (10) amended; (b)(5)(i)(B) revised.........................24834
622.22 (a)(5)(ii)(B) amended.......................................18553
    (b)(1), (2), (3)(i), (iii), (iv), (5)(v), (6)(ii), (iv) and 
(10) amended; (b)(5)(i)(B) revised.................................24834
622.37 (c)(4) revised..............................................75436
622.38 (b)(2) amended..............................................18553
622.39 (a)(2)(i) and (c) revised...................................22430
    (a)(1)(i) and (2)(i) revised...................................24835
    (a)(1)(i)(B)(1) and (2) added..................................74001
    (a)(1)(v) and (2)(ii) revised..................................75436
622.41 (q) added...................................................14331
    (e)(2)(ii) amended.............................................18553
    (q) revised.............................................22430, 24835
    (q)(2)(i) and (ii) correctly revised...........................58219
622.43 (a) revised.................................................75436
622.57 Removed.....................................................15692
622.58 (a)(1) revised..............................................15692
622.183 (b)(7) added...............................................16587
    (b)(8) added...................................................43038
622.185 (c)(2) revised.............................................30952
622.186 (b) revised................................................80688
622.187 (b)(2)(iii) and (iv) revised; (b)(2)(v) added..............16587
    (a)(3) added...................................................80688
622.190 (a)(8) added; (c)(1) heading revised.......................30953
    (a) introductory text amended; (a)(1) revised..................43038
    (a) introductory text amended; (a)(7) and (b) revised..........48278
622.191 (a)(10) added..............................................16587
    (a)(11) added..................................................30953
    (a)(3) amended.................................................43038
622.192 (k) added..................................................80689
622.193 (h) suspension lifted; (h) and (z) revised; (aa) removed 
                                                                   16587
    (i)(1)(i), (2), (j)(2), (m)(1)(i), (2), (p)(1)(i), (2), 
(q)(1)(i), (2), (t)(1)(i) and (2) amended; (p) heading and (x) 
revised............................................................30953
    (b)(2) revised.................................................43038
    (c) and (r) revised............................................48278
622.224 (b)(1), (c)(1)(i), (iii) and (3)(i) through (iv) revised 
                                                                   42431
    (c)(1) table corrected.........................................46205
    (b)(1) table corrected; (b)(1)(i)(C) correctly revised.........60566
622.276 Revised....................................................80689
622.277 (a)(1) and (2) revised.....................................80689
622.279 (d) added..................................................80689
622.369 Added.......................................................4218
622.371 (a) revised................................................78674
622.372 (d) added..................................................78674
    (d) corrected..................................................80686
622.375 (a) revised.................................................4221
622.378 Revised.....................................................4221
622.384 Introductory text and (a) through (d) revised...............4221
622.385 (a)(2)(iii) removed; (a)(2)(iv) redesignated as new 
        (a)(2)(iii); (a)(1) heading, (2) heading, (ii)(B) and new 
        (iii) revised; (a)(2) amended; (b)(1) heading added.........4222
    (b)(1) and (2) revised.........................................40937
    (a)(2)(ii)(A)(1) revised.......................................78675
622.388 (a)(1), (3), (b)(1), (d)(1), (e) and (f) revised............4222
    (d)(1)(iii) correctly revised..................................10007
    (a)(1)(iii) added; (a)(2), (c)(1) and (e)(1)(i) revised........78675
622.389 Revised.....................................................4224
622 Appendix G added................................................4224
635 Temporary regulations.......7547, 24836, 27863, 32040, 32478, 44884, 
                         45098, 46516, 51959, 74997, 75436, 77264, 81770
    Fishery management measures........25609, 26196, 38016, 71974, 74999
635.2 Corrected.....................................................5992
    Amended.................................................50097, 73143
635.4 (l)(2)(i), (ii) introductory text, (iv), (v) and (vi) 
        revised; (l)(2)(x) removed.................................50098
    (e)(3) added; (m)(2) revised...................................73143
635.7 Revised......................................................73144
635.19 (d) revised.................................................73144
635.20 (e)(5) added................................................73145
635.21 (a)(3)(i), (c)(2)(vi) and (d)(1)(ii) revised; (g)(4) added 
                                                                   60567
    Heading, (g)(2) and (3) revised................................73145
635.22 (c)(6) added................................................73145

[[Page 981]]

635.24 (a)(2), (3), (4)(ii), (iii) and (8) revised.................50098
    (a)(7) added...................................................73145
635.27 (b)(1), (2) introductory text, (i), (ii), (iii) 
        introductory text and (3) introductory text revised........50099
    (a) introductory text, (1)(i), (2), (3), (4) introductory 
text, (i), (ii), (5), (6), (7)(i) and (ii) revised.................52203
    (b)(1)(i)(E), (ii)(F) and (4)(iv) added........................73145
635.28 (b) revised.................................................50100
635.29 (c) revised.................................................52204
635.30 (c)(1), (2) and (3) revised; (c)(5) added...................73145
635.31 (c)(1) and (4) revised......................................50101
635.34 (a) and (b) revised.........................................50102
635.69 (a)(3) revised..............................................73146
635.71 (d)(3) and (4) revised......................................50102
    (d)(6) and (7) revised; (d)(18) added..........................73146
635 Appendix A amended......................................50102, 73146
648 Temporary regulations........2612, 7808, 11139, 11918, 20446, 34841, 
         36723, 37180, 45100, 46518, 46848, 49171, 49917, 51144, 53015, 
         54737, 55561, 56933, 56934, 57103, 57104, 61994, 63929, 67664, 
                                                     74712, 75008, 79485
    Fishery management measures...............12349, 25143, 46848, 80689
648.2 Amended........................................25138, 48247, 51756
    Amended; eff. in part 6-4-15 through 12-1-15...................31866
648.4 (a)(12)(ii) added; eff. 6-4-15 through 12-1-15...............31866
    (a)(1)(i)(E)(1), (2), (F)(1), (2), (H), (3)(i)(H), 
(13)(i)(E)(1), (F) and (H) revised.................................51756
648.5 (a)(1) revised; eff. 6-4-15 through 12-1-15..................31866
648.7 (b)(1)(i) and (f)(2)(i) revised..............................51756
648.10 (c)(2)(i)(B) revised........................................14874
    (e)(5)(iii) and (f)(4) revised; (f)(6) added...................22127
    (k)(2) revised; (k)(3)(i)(A) and (B) removed...................25138
648.11 (g)(5)(iii) added; (h)(1), (3)(iv), (vi), (viii), (ix), 
        (4), (5), (7) introductory text, (i)(1), (2), (3)(ii), 
        (v), (4) and (5) revised...................................37191
    (n)(3)(i) introductory text, (B) and (ii) revised; (n)(3)(iii) 
and (iv) added.....................................................48247
648.14 (i)(2)(ii)(B), (iii)(C), (v)(D), (3)(iii)(C), (D), 
        (4)(i)(C) and (5)(iii) revised; (i)(2)(iv)(D), (E) and 
        (v)(E) added...............................................22128
    (k)(6)(i)(E), (7)(i)(A), (B), (12)(v)(E), (F), (K), (L), 
(13)(i)(D)(1) through (4), (ii)(B), (C), (D), (K), (L), (M), 
(14)(viii) and (16)(iii)(A) through (F) suspension lifted; 
(k)(6)(i)(E), (7)(i)(A), (B), (12)(i) introductory text, (13)(i) 
introductory text, (16) introductory text, (iii)(A) and (B) 
revised; (k)(6)(i)(H), (7)(i)(H), (I), (J), (12)(v)(K) through 
(N), (13)(i)(D)(5), (6), (ii)(K) through (P), (14)(xii) and 
(16)(iii)(D) through (H) removed...................................25138
    (w) added; eff. 6-4-15 through 12-1-15.........................31866
    (p)(1)(vi) added...............................................32485
    (j)(1)(ii), (2)(i), (3)(v), (vi), (5)(ii), (iv), (v), (6)(ii) 
and (iii) revised; eff. 1-1-16.....................................42750
    (g)(2)(ii)(G), (viii), (ix) and (x) added; (g)(2)(vi) and 
(vii) revised......................................................48247
    (b)(4) and (k)(2)(i) revised...................................51756
648.18 Added.......................................................37193
648.22 (c)(13) added...............................................37194
    (b)(3)(v), (vi) and (vii) revised; (b)(3)(viii) removed........48248
648.24 (c)(1) introductory text revised............................14874
    (b)(6) added; (c)(1)(i), (ii) and (iii) removed................48248
648.25 (a)(1) revised..............................................37194
648.26 (d) revised.................................................14875
648.41 (a) revised.................................................37194
    (q)(2)(i) revised..............................................74001
    (a)(1)(iii), (2)(iii) and (b)(2)(iii) revised..................75436
648.51 (b)(4)(iv), (v), (5)(ii)(A) introductory text, (3), (c) 
        introductory text and (e)(3)(i) revised; (c)(1) removed....22129
648.53 (a), (b)(1), (4) and (g)(1) revised; (f)(3) added...........22129
648.54 (a)(4) and (b) through (g) revised; (h) added...............22131
    (a)(4) revised.................................................60569
648.55 (f)(39) and (40) revised; (f)(41) added.....................37194
648.58 Revised.....................................................22131

[[Page 982]]

648.59 (a) added; (b) introductory text, (1), (3), (c) 
        introductory text, (1), (c)(3), (d) introductory text and 
        (1) revised; (c)(2), (d)(2) and (e) removed................22132
648.60 (a)(1), (3), (5)(i), (9), (c), (e)(1) and (g)(3)(i) revised
                                                                   22133
    (a) and (b) revised............................................74712
648.61 (a)(4) revised..............................................22134
648.64 (a) revised.................................................22134
648.65 (b)(3)(ii) revised..........................................22134
648.74 Revised; eff. 1-1-16........................................42751
648.79 (a)(1) revised..............................................37194
648.80 (o)(2)(iv) correctly suspended; (o)(2)(vi) correctly added; 
        eff. 2-26-15 to 5-12-15....................................11332
    (a)(3)(vi), (viii), (4)(iii), (ix), (g)(6)(i) and (ii) 
suspension lifted; (a)(3)(viii), (ix), (4)(ix), (x), (g)(6)(iii) 
and (iv) removed; (g)(6)(i) and (ii) revised.......................25139
648.81 (d)(1) through (4), (e)(1), (2), (f)(1), (2), (g)(1)(i), 
        (o)(1)(iii), (iv), (viii), (ix), (x) and (2)(iv) 
        suspension lifted; (d)(2), (e)(2), (f), (g)(2) 
        introductory text, (i) and (i) revised; (d)(3) through 
        (6), (e)(3), (4), (g)(1)(vii) and (o) removed..............25139
648.82 (b)(5) through (8) suspension lifted; (b)(7) through (10) 
        removed....................................................25140
    (l)(1)(ii) and (iii) revised...................................51756
648.85 (b)(6)(iv)(D) and (K) suspension lifted; (b)(6)(iv)(K) and 
        (L) removed................................................25140
648.86 (b)(1) through (7) suspension lifted; (b)(5) through (10) 
        removed....................................................25141
    (d)(1)(i) introductory text, (ii) introductory text, (iii) 
introductory text and (4) introductory text revised; (d)(5) added 
                                                                   30381
648.87 (b)(1)(v)(A), (ix), (x), (c)(2)(i), (ii)(A), (B), (E) and 
        (iii) suspension lifted; (b)(1)(i)(C), (iii)(C), (c)(2)(i) 
        and (ii)(B) revised; (b)(1)(v)(C), (x), (xi), 
        (c)(2)(ii)(E), (F), (G), (iii) and (iv) removed............25141
648.88 (a)(1) and (3) suspension lifted; (a)(3) and (4) removed....25141
648.89 (b)(3), (c)(1), (2), (8) and (e)(1) through (4) suspension 
        lifted; (c)(1), (2)(i), (e)(1) and (f) revised; (c)(2)(v), 
        (8), (9) and (e)(4) through (7) removed....................25141
    (b) and (c)(4) revised; (c)(8) suspension lifted; (c)(8) 
removed; new (c)(8) added; interim.................................25164
648.90 (a)(5)(i)(D)(1), (2) and (3) revised.........................2026
    (a)(2)(i), (viii), (3) and (5)(i) introductory text revised....25142
    (b)(4)(i) and (5)(iii) revised.................................30382
    (a)(2)(i), (iii), (b)(1)(ii), (c)(1)(i) and (ii) revised.......37195
648.96 (a)(3)(ii) revised..........................................37196
648.102 (a)(10) added..............................................37196
648.106 (a) and (c) revised........................................35258
648.107 (a) introductory text revised..............................35258
648.110 (a)(1) revised.............................................37196
648.122 (a)(13) added..............................................37196
648.128 (a) and (c) revised........................................35258
648.130 (a)(1) revised.............................................37196
648.142 (a)(12) added..............................................37197
648.145 (a) and (c) revised........................................35259
648.146 Revised.............................................15693, 35259
648.148 Revised....................................................32485
648.162 (a)(9) added...............................................37197
648.167 (a)(1) revised.............................................37197
648.200 (b) introductory text revised..............................37197
648.206 (b)(29) added..............................................37197
648.232 (a)(6) added...............................................37197
648.239 (a)(1) revised.............................................37197
648.260 (a)(1) revised.............................................37198
648.261 (a)(1) revised.............................................37198
648.292 (a) revised................................................37198
648.298 Added; eff. 6-4-15 through 12-1-15.........................31866
648.299 (a)(1)(xviii) added........................................37199
648.320 (a)(5)(ii) and (iii) revised; (a)(5)(iv) added.............37199
648.321 (b)(22) and (23) revised; (b)(24) added....................37199

                                  2016

  (Regulations published from January 1, 2016, through October 1, 2016)

50 CFR
                                                                   81 FR
                                                                    Page
Chapter VI
600.705 (g) amended................................................51138
600.725 (v) table amended...........................................1791

[[Page 983]]

600.1200--600.1203 (Subpart N) Revised.............................42289
622 Temporary regulations........3031, 9786, 11451, 12601, 12826, 12828, 
         16095, 17093, 17094, 18541, 25583, 33150, 34283, 37164, 38110, 
           45068, 46848, 48719, 51138, 52366, 58411, 59517, 60285, 67215
    Nomenclature change............................................32253
622.1 Table 1 amended...............................................1792
622.2 Amended.......................................................1792
622.4 Introductory text amended.....................................1792
622.7 (f) added....................................................45248
622.12 (a)(1)(i)(R) removed; (a)(1)(iii) and (b) added.............29168
622.13 (pp) and (qq) revised; (rr) and (ss) added...................1792
622.34 (e) revised.................................................24039
622.37 (b)(1) and (5)(ii) revised..................................24040
622.39 (a)(1)(i) and (2)(i) revised................................25582
622.41 (q)(2)(iii) revised.........................................25583
622.50 (b) introductory text revised...............................47735
622.100--622.109 (Subpart F) Added..................................1792
622.185 (a)(3) revised.............................................32253
622.187 (b)(2)(iii) and (7) revised; (b)(2)(iv) removed............45248
622.190 (a)(6) revised..............................................3738
622.191 (a)(2)(ii) amended.........................................32253
    (a)(10) revised................................................45248
622.193 (a) through (d), (g), (i) through (r) and (t) through (x) 
        revised.....................................................3738
    (h) and (p) revised............................................32253
    (z) revised....................................................45248
622.224 (b)(1) table corrected......................................7715
622.251 (a) revised.................................................3746
622.280 (a)(1)(i) and (2)(i) revised; (b)(1)(i) amended.............3746
622.492 (a) revised................................................29168
622 Appendix A amended.............................................32254
635 Temporary regulations.........19, 12602, 18541, 21481, 23438, 29501, 
                                       33604, 38966, 44798, 59153, 60286
635.5 (b)(2)(i)(A) revised..................................18801, 42291
635.21 (c)(1)(iii) added...........................................57806
635.22 (a)(3) added................................................57806
635.24 (a)(10) added...............................................57806
635.27 (c)(3) revised..............................................48722
635.33 Revised.....................................................55379
635.71 (b)(30), (31), (33), (34) and (35) revised..................18801
    (a)(20) revised................................................55379
    (d)(20) added..................................................57806
648 Temporary regulations.......3339, 12030, 12420, 14986, 18801, 22032, 
         24714, 30202, 38111, 39590, 39871, 40195, 42291, 43957, 46615, 
           52366, 54518, 54519, 56534, 56535, 56536, 60635, 65305, 66865
    Fishery management measures........41866, 51370, 60635, 60636, 66197
648.2 Amended......................................................19053
    Amended; eff. 6-17-16 through 12-14-16.........................39594
648.4 (a)(12)(ii) added; eff. 6-17-16 through 12-14-16.............39594
648.5 (a)(1) added; eff. 6-17-16 through 12-14-16..................39594
648.10 (o) revised.................................................24507
    (b)(3), (g)(1), (3) introductory text, (i) and (ii) revised....58864
648.11 (m)(4) revised..............................................19053
    (n)(1) revised.................................................24508
    (a) revised....................................................38972
648.14 (r)(1)(vii)(F) added; (r)(2)(v) through (xii) revised.......19053
    (g)(2)(ii)(E), (iii)(A), (C) and (iv) revised..................24508
    (k)(16)(iii)(B) revised........................................26449
    (i)(2)(ii)(B)(7) and (3)(v)(B) revised; (i)(3)(v)(C) added.....26734
    (w) added; eff. 6-17-16 through 12-14-16.......................39594
    (m)(2)(i) revised..............................................58865
648.23 (a) revised.................................................24508
648.26 (b)(2) and (d)(2) revised...................................24509
648.51 (e)(2) revised..............................................26735
648.52 (f) revised.................................................26735
648.53 (a), (b)(1), (4) and (g)(1) revised; (h)(5)(iv)(D) removed 
                                                                   26735
648.58 (b), (c) and (e) revised....................................26736
648.59 (a)(1), (b)(1), (c)(1) and (d)(1) revised; (a)(2)(i) 
        removed....................................................26736
648.60 (a)(3)(i), (5)(i), (c), (e), (g)(1), (2) and (3) revised....26737
648.62 (b)(1) revised..............................................26738
648.72 (a) introductory text and (1) revised.......................38972
648.74 (c) added...................................................38973
648.75 (a)(2)(iii) revised.........................................38974
648.76 (a)(1) revised..............................................38974
648.79 (a)(1) revised..............................................38974
648.80 (d)(7) removed..............................................19054
    (b)(4)(iv)(B)(2) and (g)(5)(i) revised.........................24509
    (b)(2)(iv) introductory text, (6)(i)(A), (7)(i)(A), (B), 
(c)(2)(v) introductory text and (5) revised........................58865

[[Page 984]]

648.85 (a)(3)(iii)(A) revised; eff. 10-31-16.......................26449
648.87 (a)(1), (2), (b)(1)(i)(B)(2), (v)(B) introductory text, 
        (1)(i), (4)(i)(G), (d) and (e)(3)(iv) revised; 
        (b)(1)(v)(B)(1)(ii), (c)(2)(i)(A), (B) and (c)(4) added....26450
648.89 (f)(3)(ii) removed..........................................26452
    (b)(1), (c)(1)(ii), (2) and (8) revised........................26458
648.90 (a)(5)(i)(D)(2) and (3) revised.............................24510
648.91 (c)(1)(iii) revised.........................................58865
648.92 (b)(1)(i) revised...........................................58866
648.94 (b)(1) and (3)(i) revised...................................58866
648.107 (a) introductory text revised..............................51378
648.108 (a)(1) revised; (b)(3) redesignated as (b)(2)(iv)..........51378
648.125 (a)(1) revised.............................................51378
648.200 (f)(2) revised.............................................19054
648.201 (e) and (f) revised; (g) added.............................19054
648.202 (b)(2) introductory text, (ii), (4) introductory text and 
        (ii) revised; (b)(4)(iii) and (iv) added...................19054
648.235 (a)(1) revised.............................................53960
648.298 Added; eff. 6-17-16 through 12-14-16.......................39594
648.322 (a)(1) and (b)(2) revised..................................54747


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