[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77946-77954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30106]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 141002822-4999-02]
RIN 0648-BE56
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2014; Interim Gulf of Maine Cod
Management Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule, correction; extension of expiration date.
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SUMMARY: This document makes corrections to the Gulf of Maine cod
interim regulations published in the Federal Register on November 13,
2014. This notice allows gillnet vessels to switch their designation as
either a Day or Trip gillnet vessel, an opportunity that was
inadvertently not provided in the original interim action. This notice
also makes several corrections and clarifications, including where the
Gulf of Maine cod trip limit applies, to ensure consistency with
measures implemented in the interim action. In this document, we extend
the expiration date of certain temporary amendments.
DATES: Effective December 29, 2014, until May 12, 2015, except for
amendatory instruction 2 of this rule, which expires on April 30, 2015.
The expiration dates in amendatory instructions 2, 4a and c, and 5
through 12, published in FR Rule Doc. No. 2014-26844, November 13,
2014, at 79 FR 67362, for the amendments to Sec. Sec. 648.2, 648.14,
648.80, 648.81, 648.82, 648.85, 648.86, 648.87, 648.88, and 648.89,
respectively, are extended until May 12, 2015.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management
Specialist, phone: 978-675-9315.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, we published interim management measures (79
FR 67362) to increase protection for Gulf of Maine (GOM) cod in
response to a recently updated stock assessment that concluded the
stock is severely depleted. The management measures included seasonal
interim closure areas and a 200-lb (90.7-kg) GOM cod trip limit for all
limited access commercial groundfish vessels. This document makes
corrections to those measures; specifically, we are:
Allowing gillnet vessels to change their annual
declaration for the remainder of the 2014 fishing year;
Clarifying that the 200-lb (90.7-kg) GOM cod trip limit
applies specifically to the GOM Broad Stock Area (BSA);
Correcting several labeling and typographical errors
pertaining to the seasonal interim closure areas;
Extending the effective dates noted for regulations
implemented by the interim action consistent with the effective date
published in the Federal Register; and
Correcting the prohibitions and other regulations to
clarify their meaning or correct cross-references.
Gillnet Category Designations
The Northeast Multispecies Fishery Management Plan (FMP) requires
groundfish vessels fishing with gillnet gear to make an annual
declaration as either a Day gillnet or Trip gillnet vessel. There are
specific regulations and tagging requirements associated with each of
these categories. For example, a Trip gillnet vessel is not limited in
the number of nets may fish, but it must set and retrieve all of its
gillnet gear in each trip. On the other hand, a Day gillnet vessel is
limited in the number of nets it may fish, but can return to port while
allowing the gear to remain in the water for a period of time, and then
retrieve the gear on a subsequent trip. Once a vessel owner has elected
one of these designations, the owner may not change the designation or
fish under the other gillnet category for the remainder of the fishing
year.
The interim rule modified gillnet management measures mid-season by
reducing the number of nets that may be fished by Day gillnet vessels
enrolled in a sector (see page 67367 of the interim rule) and
instituting GOM cod trip limits. Vessel owners did not have a prior
opportunity to consider these changes when they made their designation
as a Day or Trip gillnet vessel at the beginning of the fishing year.
This correction provides a one-time opportunity for gillnet vessels to
change their designation after considering management changes made by
the interim rule. Gillnet vessels can change their declaration for the
remainder of the 2014 fishing year by submitting a revised gillnet tag
form from December 29, 2014, through January 28, 2015.
Clarification on GOM Cod Trip Limits
The groundfish Regulated Mesh Area (RMA) boundaries were
historically used for gear restrictions, and for setting trip limits in
the commercial fishery and bag limits in the recreational fishery. In
addition, Broad Stock Areas (BSA) were implemented in Amendment 16 to
the FMP (75 FR 18262; April 9, 2010) to better attribute catch to
specific groundfish stocks. There is a specific area northeast of Cape
Cod where the GOM RMA and GOM BSA boundaries do not align (Figure 1),
and which results in the GOM RMA overlapping the Inshore Georges Bank
BSA. In this case, a vessel may be fishing in the Inshore Georges Bank
BSA, but under the GOM RMA gear and trip regulations. The interaction
of these overlapping areas was not addressed when developing the GOM
cod interim rule,
[[Page 77947]]
and there is confusion regarding where the 200-lb (90.7-kg) GOM cod
trip limit applies.
The intent of the interim action was to protect GOM cod. Given that
the GOM BSA aligns with the GOM cod stock area, this action clarifies
that the GOM cod 200-lb (90.7-kg) trip limit is applicable to
commercial vessels when fishing in the GOM BSA. A vessel fishing in the
area where the Inshore Georges Bank BSA and the GOM RMA boundaries
overlap is not subject to the cod possession limit for the GOM BSA
because the vessel is fishing outside of the GOM BSA. As a reminder,
the GOM cod interim rule measures restrict commercial groundfish
vessels to fishing in only a single BSA when declaring into the GOM
BSA.
[[Page 77948]]
[GRAPHIC] [TIFF OMITTED] TR29DE14.033
[[Page 77949]]
Closure Area Corrections
Several of the seasonal interim closure areas published in the GOM
cod interim rule (79 FR 67362; November 13, 2014; see page 67363) had
non-substantive errors, such as missing column headings and incorrect
labels. We are clarifying these typographical errors in the regulations
that describe the locations of the seasonal interim closure areas. This
notice does not move any of the seasonal interim closure areas.
Effective Date Clarification
The management measures instituted in the GOM cod interim rule are
effective from November 13, 2014, until May 12, 2015. The regulatory
text accompanying the rule mistakenly states that the temporary
regulations are effective through April 30, 2015 (the end of the 2014
fishing year). This rule clarifies this inconsistency so that all
temporary regulations implemented in the interim rule are effective
until May 12, 2015.
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds that
pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be unnecessary, and contrary to the public interest.
This notice implements a measure at Sec. 648.4(c)(2)(iii)(C) allowing
gillnet vessels to change their Day or Trip gillnet vessel status in-
season. This opportunity was inadvertently left out of the GOM cod
interim action and does not substantively change the regulations. This
notice corrects and clarifies that the 200-lb (90.7-kg) trip limit for
GOM cod applies when fishing in the GOM Broad Stock Area only to
eliminate confusion and does not create any new measures. This notice
also makes minor clerical changes to the seasonal interim closure areas
at Sec. 648.81(o)(1). Providing notice and comment on these changes is
unnecessary because all are non-substantive and do not change the
operation of the fishery. Moreover, delaying the correction of
inconsistencies in regulatory text is contrary to the public interest,
because it could affect the enforceability of the regulations and
because inaccurate regulations could lead to public confusion and
potentially to incorrect behavior. For the same reasons above, the
Assistant Administrator finds good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness and makes this rule effective
immediately upon publication.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: December 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
Therefore, NOAA amends 50 CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 648.4 is amended by:
0
a. Suspending from December 29, 2014 until April 30, 2015, paragraph
(c)(2)(iii)(A), and
0
b. Temporarily adding from December 29, 2014 until April 30, 2015,
paragraph (c)(2)(iii)(C).
The addition reads as follows:
Sec. 648.4 Vessel permits.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(C) 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. Unless otherwise specified in this
paragraph (c)(2)(iii)(C) of this section, 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.
From December 29, 2014, to January 28, 2015 owners of vessels that are
designated as Day or Trip gillnet vessels may elect to switch to a
different gillnet vessel designation for the remainder of the 2014
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.
* * * * *
0
3. Section 648.14 is amended by
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(k)(12)(v)(K) and (L), (k)(13)(ii)(K) through (M), and (k)(16)(iii)(D)
and (F); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraphs (k)(12)(v)(M) and (N), (k)(13)(ii)(N) through (P), and
(k)(16)(iii)(G) and (H).
The additions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(12) * * *
(v) * * *
(M) 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)(L).
(N) 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)(L), other groundfish specified under Sec.
648.86, or monkfish under Sec. 648.94.
* * * * *
(13) * * *
(ii) * * *
(N) 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)(9) and (10); 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.
(O) 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)(9), Sec. 648.87, or Sec. 648.89, or allowed pursuant to
Sec. 648.85(b)(6) or Sec. 648.88.
(P) Atlantic cod. (1) Enter port in possession of more than the
allowable limit of cod specified in Sec. 648.86(b)(8), unless the
vessel is fishing under the cod exemption specified in Sec.
648.86(b)(10).
(2) Enter port in possession of more than the allowable limit of
cod specified in Sec. 648.86(b)(9).
(3) Fail to declare through VMS an intent to be exempt from the GOM
cod
[[Page 77950]]
trip limit under Sec. 648.86(b)(8), as required under Sec.
648.86(b)(10), or fish north of the exemption line if in possession of
more than the GOM cod trip limit specified under Sec. 648.86(b)(8).
* * * * *
(16) * * *
(iii) * * *
(G) If fishing from a recreational vessel, a vessel with a charter/
party permit, or a charter or party boat, fish for or possess cod in or
from the GOM Broad Stock Area, or fail to abide by Sec. 648.89(c)(9)
if transiting with cod on board.
(H) If fishing from a recreational vessel, a vessel with a charter/
party permit, or a charter or party boat, fail to comply with the GOM
cod possession prohibition described in Sec. 648.89(c)(9).
* * * * *
0
4. Section 648.80 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(a)(3)(viii) and (a)(4)(ix); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraphs (a)(3)(ix) and (a)(4)(x).
The additions read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions and
methods of fishing.
* * * * *
(a) * * *
(3) * * *
(ix) 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)(9)
and (10), 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 not
be available for immediate use as defined in Sec. 648.2.
(4) * * *
(x) 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)(0), 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.
* * * * *
0
5. Section 648.81 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(d)(3) and (4), (o)(1)(iii), (iv), and (viii) through (x); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraphs (d)(5) and (6), and (o)(1)(xi) through (xv).
The additions read as follows:
Sec. 648.81 NE multispecies closed area and measures to protect EFH.
* * * * *
(d) * * *
(5) 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)(6) and (i) of this section (a
chart depicting this area is available from the Regional Administrator
upon request):
Cashes Ledge Closure Area
------------------------------------------------------------------------
Point N. W.
------------------------------------------------------------------------
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'
------------------------------------------------------------------------
(6) Unless otherwise restricted under the EFH Closure(s) specified
in paragraph (h) of this section, paragraph (d)(5) of this section does
not apply to persons aboard fishing vessels or fishing vessels:
(i) That are fishing with or using exempted gear as defined under
this part, or in the Midwater Trawl Gear Exempted Fishery as specified
under Sec. 648.80(d), and 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 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;
(ii) That are fishing under charter/party or recreational
regulations, provided that:
(A) For vessels fishing under charter/party regulations in the
Cashes Ledge Closure Area or Western GOM Area Closure, as described
under paragraph (d) and (e) of this section, respectively, it has on
board a letter of authorization issued by the Regional Administrator,
as specified in Sec. 648.89(e)(6);
(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 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;
(iii) 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
(iv) That are fishing in the Raised Footrope Trawl Exempted Whiting
Fishery, as specified in Sec. 648.80(a)(15).
* * * * *
(o) * * *
(1) * * *
(xi) From March 1-March 31, the restrictions specified in this
paragraph (o)(1) apply to Seasonal Interim Closure Area 3, which is
defined by the
[[Page 77951]]
following points, connected in the order listed by straight lines, and
bounded on the west by the coastline of Massachusetts and New
Hampshire:
Seasonal Interim Closure Area 3
[March 1-March 31]
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
MAR1............................. 43[deg]00' N (1)
MAR2............................. 43[deg]00' N 70[deg]00' W
MAR3............................. 43[deg]30' N 70[deg]00' W
MAR4............................. 43[deg]30' N 69[deg]30' W
MAR5............................. 42[deg]30' N 69[deg]30' W
MAR6............................. 42[deg]30' N 70[deg]00' W
MAR7............................. 42[deg]15' N 70[deg]00' W
MAR8............................. 42[deg]15' N 70[deg]30' W
MAR9............................. 42[deg]30' N 70[deg]30' W
MAR10............................ 42[deg]30' N (2)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
coastline.
\2\ The intersection of 42[deg]30' N latitude and the Massachusetts
coastline.
(xii) From April 1-April 30, the restrictions specified in this
paragraph (o)(1) apply to Seasonal Interim Closure Area 4, which is
defined by the following points, connected in the order listed by
straight lines, and bounded on the west by the coastline of
Massachusetts and New Hampshire:
Seasonal Interim Closure Area 4
[April 1-April 30]
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
APR1............................. 43[deg]00' N (1)
APR2............................. 43[deg]00' N 70[deg]00' W
APR3............................. 43[deg]30' N 70[deg]00' W
APR4............................. 43[deg]30' N 69[deg]30' W
APR5............................. 43[deg]00' N 69[deg]30' W
APR2............................. 43[deg]00' N 70[deg]00' W
APR7............................. 42[deg]15' N 70[deg]00' W
APR8............................. 42[deg]15' N 70[deg]30' W
APR9............................. 42[deg]00' N 70[deg]30' W
APR10............................ 42[deg]00' N (2)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
coastline.
\2\ The intersection of 42[deg]00' N latitude and the Massachusetts
coastline.
(xiii) From September 1-October 31, the restrictions specified in
this paragraph (o)(1) apply to Seasonal Interim Closure Area 8, which
is defined by the following points, connected in the order listed by
straight lines:
Seasonal Interim Closure Area 8
[September 1-October 31]
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
SEP1............................. 43[deg]00' N 70[deg]30' W
SEP2............................. 43[deg]00' N 70[deg]00' W
SEP3............................. 42[deg]15' N 70[deg]00' W
SEP4............................. 42[deg]15' N 70[deg]30' W
SEP1............................. 43[deg]00' N 70[deg]30' W
------------------------------------------------------------------------
(xiv) From November 1-November 30, the restrictions specified in
this paragraph (o)(1) apply to Seasonal Interim Closure Area 9, which
is defined by the following points, connected in the order listed by
straight lines, and bounded on the west by the coastlines of
Massachusetts and New Hampshire:
Seasonal Interim Closure Area 9
[November 1-November 30]
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NOV1............................. 43[deg]00' N (1)
NOV2............................. 43[deg]00' N 70[deg]00' W
NOV3............................. 42[deg]15' N 70[deg]00' W
NOV4............................. 42[deg]15' N 70[deg]30' W
NOV5............................. 42[deg]00' N 70[deg]30' W
NOV6............................. 42[deg]00' N (2)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
coastline.
\2\ The intersection of 42[deg]00' N latitude and the Massachusetts
coastline.
(xv) From December 1-December 31, the restrictions specified in
this paragraph (o)(1) apply to Seasonal Interim Closure Area 10, which
is defined by the following points, connected in the order listed by
straight lines, and bounded on the west by the coastline of
Massachusetts:
Seasonal Interim Closure Area 10
[December 1-December 31]
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
DEC1............................. 42[deg]30' N (1)
DEC2............................. 42[deg]30' N 70[deg]00' W
DEC3............................. 42[deg]00' N 70[deg]00' W
DEC4............................. 42[deg]00' N (2)
------------------------------------------------------------------------
\1\ The intersection of 42[deg]30' N latitude and the Massachusetts
coastline.
\2\ The intersection of 42[deg]00' N latitude and the Kingston,
Massachusetts (mainland) coastline.
* * * * *
0
6. Section 648.82 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(b)(7) and (b)(8); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraphs (b)(9) and (b)(10).
The additions read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(b) * * *
(9) 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, and the daily possession limits specified for other
regulated species and ocean pout, as specified at Sec. 648.86, unless
otherwise specified in this paragraph (b)(9). If the vessel elects to
fish in the GOM Broad Stock Area, as specified in Sec.
648.10(k)(3)(i), the vessel may not possess or retain more than 200 lb
(90.7 kg) of cod for the entire trip. If the vessel elects to fish
south of the GOM Broad Stock Area, as specified in Sec.
648.10(k)(3)(i), the vessel may retain up 300 lb (136.1 kg) of cod. 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]
(10) 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 up to 300 lb (135 kg) of cod, per trip, one Atlantic halibut
and the daily possession limit for other regulated species and ocean
pout, as specified under Sec. 648.86, unless otherwise specified in
this paragraph (b)(10). If the vessel elects to fish in the GOM Broad
Stock Area, as specified in Sec. 648.10(k)(3)(i), the vessel may not
possess or retain more than 200 lb (90.7 kg) of cod for the entire
trip. If the vessel elects to fish south of the GOM Broad Stock Area,
as specified in Sec. 648.10(k)(3)(i), the vessel may retain
[[Page 77952]]
up 300 lb (136.1 kg) of cod. If the GB cod trip limit applicable to a
vessel fishing under a NE multispecies DAS permit, as specified in
Sec. 648.86(b)(9) is reduced below 300 lb (135 kg) per DAS by NMFS,
the cod trip limit specified in this paragraph (b)(10) shall be
adjusted to be the same as the applicable cod trip limit specified for
NE multispecies DAS permits. For example, if the GB cod trip limit for
NE multispecies DAS vessels was reduced to 250 lb (113.4 kg) per DAS,
then the cod trip limit for a vessel issued a Handgear A category
permit that is fishing outside of the GOM Broad Stock 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
Broad Stock Area, as specified in Sec. 648.10(k)(3)(i), 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 Broad Stock 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
Broad Stock Area, as specified in Sec. 648.10(k)(3)(i), a vessel owner
or operator must declare an intent to fish south of the GOM Broad Stock
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 Broad Stock Area, as specified in Sec.
648.10(k)(3)(i), provided that their gear is not available for
immediate use as defined in Sec. 648.2.
* * * * *
0
7. Section 648.85 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraph
(b)(6)(iv)(K); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraph (b)(6)(iv)(L).
The addition reads as follows:
Sec. 648.85 Special management programs.
* * * * *
(b) * * *
(6) * * *
(iv) * * *
(L) Landing limits. Unless otherwise specified in this paragraph
(b)(6)(iv)(L), 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, 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. If the vessel elects to fish in the GOM
Broad Stock Area, as specified in Sec. 648.10(k)(3)(i), the vessel may
not possess or retain more than 200 lb (90.7 kg) of cod for the entire
trip. 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.
* * * * *
0
8. Section 648.86 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(b)(5) through (b)(7); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraphs (b)(8) through (b)(10).
The additions read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(b) * * *
(8) GOM cod landing and possession limit. Except as provided in
paragraph (b)(10) of this section, or unless otherwise restricted under
Sec. 648.85, a vessel fishing under a NE multispecies limited access
permit, including a vessel issued a monkfish limited access permit and
fishing under the monkfish Category C or D permit provisions, may not
possess or land more than 200 lb (90.7 kg) of cod in or from the GOM
Broad Stock Area described in Sec. 648.10(k)(3)(i). Cod on board a
vessel subject to this landing and possession limit must be separated
from other species of fish and stored so as to be readily available for
inspection.
(i) Declaration. A vessel with a limited access NE multispecies
permit that fishes or intends to fish on a NE multispecies trip in the
GOM Broad Stock Area, as specified in Sec. 648.10(k)(3)(i), must
declare its intention to do so through the VMS or IVR, and is
prohibited from fishing outside of this area for the remainder of the
trip.
(ii) [Reserved]
(9) 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)(10) of this section.
(10) Exemption. A vessel with a NE multispecies limited access
permit fishing under a NE multispecies trip is exempt from the landing
limit described in paragraph (b)(8) of this section when fishing south
of the GOM Broad Stock Area, as specified in Sec. 648.10(k)(3)(i),
provided that the vessel complies with the requirement of this
paragraph (b)(10).
(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
sector vessel, or a common pool vessel that is declared into the NE
multispecies fishery and fishes or intends to fish south of the GOM
Broad Stock Area, specified in Sec. 648.10(k)(3)(i), 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 vessel with a limited access NE multispecies permit that is
exempt from the GOM cod landing limit pursuant to paragraph (b)(10)(i)
of this section may not fish in the GOM Broad Stock Area, as specified
in Sec. 648.10(k)(3)(i), but may transit the GOM Broad Stock Area,
[[Page 77953]]
provided that its gear is not available for immediate use as defined in
Sec. 648.2.
* * * * *
0
9. Section 648.87 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(b)(1)(x), (c)(2)(ii)(E), and (c)(2)(iii); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraph (b)(1)(xi), (c)(2)(ii)(G), and (c)(2)(iv).
The additions read as follows:
Sec. 648.87 Sector Allocation.
* * * * *
(b) * * *
(1) * * *
(xi) Trip limits. With the exception of the GOM cod trip limit at
Sec. 648.86(b)(8), the Atlantic halibut trip limit at Sec. 648.86(c),
and the stocks listed in Sec. 648.86(l), 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.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(G) 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), unless otherwise specified
Sec. 648.86(b)(8) and paragraph (b)(1)(xi) of this section.
(iv) 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 time 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; and AMs specified at Sec. 648.90(a)(5)(i)(D).
For the purposes of paragraph (c)(2)(i) of this section, the DAS
reporting requirements specified at Sec. 648.82; the SAP-specific
reporting requirements specified at 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 paragraph
(c)(2)(i) of this section, 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 at 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 at Sec. 648.81(a) and (b), 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 any Seasonal
Interim Closure Areas, as defined at Sec. 648.81(o)(1). 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'
------------------------------------------------------------------------
(B) [Reserved]
* * * * *
0
10. Section 648.88 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraph
(a)(3); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraph (a)(4).
The addition reads as follows:
Sec. 648.88 Multispecies open access permit restrictions.
(a) * * *
(4) 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)(8)
and (9), respectively, is adjusted by NMFS, the cod trip limit
specified in this paragraph (a)(4) shall be adjusted proportionally
(rounded up to the nearest 25 lb (11.3 kg)). For example, if the GOM
cod trip limit specified at Sec. 648.86(b)(8) doubled, then the cod
trip limit for the Handgear B category fishing in the GOM Broad Stock
Area would also double to 150 lb (68 kg).
* * * * *
0
11. Section 648.89 is amended by:
0
a. Suspending from December 29, 2014 until May 12, 2015, paragraphs
(c)(8) and (e)(4); and
0
b. Temporarily adding from December 29, 2014 until May 12, 2015,
paragraph (c)(9) and (e)(7).
The additions read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(c) * * *
(9) Private recreational and charter/party vessels. (i) Unless
otherwise restricted in paragraph (c)(2) of this section, each person
on a private recreational vessel or a charter party boat may possess no
more than 10 cod per day in, or harvested from, the EEZ, and no person
on a vessel with a charter/party permit may possess more than 10 cod
per day. Unless further restricted by the GOM Seasonal Interim Closure
Areas specified under Sec. 648.81(o)(1), charter or party boats and
recreational vessels fishing in the EEZ, and vessels issued charter/
party permits may not fish for or possess cod in or from the GOM Broad
Stock Area as specified in Sec. 648.10(k)(3)(i).
(ii) 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.
(iii) Cod caught by more than one person aboard a vessel fishing
pursuant to Sec. 648.89 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 limit on board a vessel carrying more
than one person, and cod is pooled together, the violation shall be
deemed to have been committed by the owner or operator of the vessel.
(iv) Private recreational vessels, charter or party boats, and
vessels issued charter/party permits in possession of cod caught
lawfully outside the GOM Broad Stock Area may transit the GOM Broad
Stock Area, provided all bait and hooks are removed from fishing rods
and any cod on board has been gutted and stored.
* * * * *
(e) * * *
(7) GOM Closed Areas. Unless otherwise specified in this paragraph
(e)(7), a vessel fishing under charter/party regulations may not fish
in the GOM closed areas specified at Sec. 648.81(d)(5), (e)(3), and
(o)(1) 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(d)(6). The
[[Page 77954]]
conditions and restrictions of the letter of authorization must be
complied with for the rest of the fishing year, beginning with the
start of the participation period of the letter of authorization. A
vessel fishing under charter/party regulations may not fish in the GOM
Cod Spawning Protection Area specified at Sec. 648.81(n)(1) or the GOM
Seasonal Interim Closure Areas at Sec. 648.81(o)(1) during the time
periods specified in that paragraph, unless the vessel complies with
the requirements specified at Sec. 648.81(n)(2)(iii).
* * * * *
[FR Doc. 2014-30106 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-22-P