[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15240-15285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06760]
[[Page 15239]]
Vol. 83
Monday,
No. 68
April 9, 2018
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 648
Magnuson-Stevens Fishery Conservation and Management Act Provisions;
Fisheries of the Northeastern United States; Essential Fish Habitat;
Final Rule
Federal Register / Vol. 83 , No. 68 / Monday, April 9, 2018 / Rules
and Regulations
[[Page 15240]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160301163-8204-02]
RIN 0648-BF82
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Essential Fish
Habitat
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action implements approved regulations for the New
England Fishery Management Council's Omnibus Essential Fish Habitat
Amendment 2. This rule revises essential fish habitat and habitat area
of particular concern designations, revises or creates habitat
management areas, including gear restrictions, to protect vulnerable
habitat from fishing gear impacts, establishes dedicated habitat
research areas, and implements several administrative measures related
to reviewing these measures, as well as other regulatory adjustments to
implement these measures. This action is necessary to comply with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act to periodically review essential fish habitat
designations and protections. The measures are designed to minimize to
the extent practicable the adverse effects of fishing on essential fish
habitat.
DATES: Effective April 9, 2018.
ADDRESSES: Copies of the Omnibus Essential Fish Habitat Amendment 2,
including the Environmental Impact Statement, the Regulatory Impact
Review, and the Initial Regulatory Flexibility Analysis (EIS/RIR/IRFA)
prepared by the New England Fishery Management Council in support of
this action are available from Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The supporting documents are also accessible via
the internet at: http://www.nefmc.org/library/omnibus-habitat-amendment-2 or http://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Senior Fishery Program
Specialist, phone: 978-281-9218, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. General Background
2. Essential Fish Habitat Designations
3. Habitat Areas of Particular Concern Designations
4. Spatial Management for Adverse Effects Minimization
5. Spawning Protection Measures
6. Dedicated Habitat Research Areas
7. Framework Adjustments and Monitoring
8. Description of Regulatory Changes
9. Changes From the Proposed Rule
10. Comments and Responses
1. General Background
On January 3, 2018, NOAA's National Marine Fisheries Service
(NMFS), on behalf of the Secretary of Commerce, approved the majority
of the New England Fishery Management Council's recommendations for the
Omnibus Essential Fish Habitat Amendment 2 (OHA2). This action
implements the approved management measures in OHA2. NMFS approved all
of the updated essential fish habitat designations (EFH), all of the
recommended habitat area of particular concern (HAPC) designations, and
the majority of the habitat management area (HMA) recommendations, all
of the Dedicated Habitat Research Area (DHRA) recommendations, all of
the seasonal spawning area recommendations, and both of the framework
and administrative recommendations. Two Council recommendations were
disapproved: (1) Establishment of The Cox Ledge HMA, which would
prohibit hydraulic clam dredges and ground cables on trawl vessels; and
(2) changes to the eastern Georges Bank Areas, as described in more
detail below.
OHA2 was initiated in 2004 to review and update the EFH components
of all the New England Fishery Management Council's fishery management
plans (FMP). The Council established 10 goals and 14 objectives to
guide the development of this action. Goals 1-8 were established in
2004 at the onset of the Amendment's development and focus on
identification of EFH; fishing and non-fishing activities that may
adversely affect EFH; and the development of measures and management
programs to conserve, protect, and enhance EFH and to minimize to the
extent practicable the adverse effects of fishing on EFH. The
additional goals (9 and 10) were developed after the Council voted to
incorporate revisions to the groundfish closures in the Amendment.
These goals are focused on enhancing groundfish productivity, including
protection of spawning groundfish, and maximizing the societal net
benefits from groundfish stocks.
The 14 objectives map to one or more of the Amendment's goals and
provide more guidance on achieving each goal. For example, the
objectives include identifying new data sources upon which to base the
EFH designations (Objective A), developing analytical tools for EFH
designation, minimization of adverse impacts, and monitoring the
effectiveness of measures (Objective D; Goals 1, 3, and 5). Other
objectives include modifying fishing methods to reduce impacts
(Objective E; Goal 4), supporting the restoration of degraded habitat
(Objective F; Goal 4), improving groundfish spawning protection,
including protection of localized spawning contingents, and improving
protection of critical groundfish habitats (Goals 9 and 10). Please see
Volume 1, Section 3 of the EIS for more details on the goals and
objectives of this Amendment.
2. Essential Fish Habitat Designations
The Magnuson-Stevens Act defines EFH as ``those waters and
substrate necessary to fish for spawning, breeding, feeding, or growth
to maturity.'' The EFH regulations (50 CFR part 600, subpart J) require
councils to describe and identify EFH in text that clearly states the
habitats or habitat types determined to be EFH for each life stage of a
managed species and in maps that display the geographic locations of
EFH or within which EFH for each species and life stage is found.
Further, FMPs should explain the physical, biological, and chemical
characteristics of EFH and, if known, how these characteristics
influence the use of EFH for the species/life stage. The EFH
regulations state that councils should periodically review the EFH
provisions of FMPs and revise or amend as warranted, based on available
information, and that a complete review of all EFH information should
be conducted at least once every five years.
A full description of the approved EFH designations, including maps
and text designations, can be found in Volume 2 of the EIS. In
addition, a thorough discussion of the data sources and methods used to
assemble the designations is provided in Appendix A to the EIS. Another
appendix (Appendix B) includes supplementary EFH information (e.g.,
prey species, temperature, and salinity preferences) for each species
and life stage not included in the EFH text descriptions in Volume 2
that may be considered when the potential effects of any fishing or
non-fishing activity that could adversely affect EFH are evaluated. All
of the
[[Page 15241]]
Council's recommendations for EFH designations are approved.
3. Habitat Area of Particular Concern Designations
Habitat Areas of Particular Concern (HAPC) highlight specific types
or areas of habitat within EFH that are particularly vulnerable to
human impacts. Evaluations of such areas should give special attention
to adverse effects, including any HAPCs designated that are
particularly vulnerable to fishing activity. An HAPC designation alone
does not provide any specific habitat management measures, such as gear
restrictions, and no new measures are implemented as part of the HAPC
designations in this amendment. Management measures are discussed under
``Spatial Management for Adverse Effects Minimization,'' below.
HAPC designations are based on one or more of the following
criteria: (1) The importance of the ecological function provided by the
habitat, including both the historical and current ecological function;
(2) the extent to which the habitat is sensitive to human-induced
environmental degradation; (3) whether, and to what extent, development
activities are, or will be, stressing the habitat type; and (4) the
rarity of the habitat type (50 CFR 600.815(a)(8)). The Council
solicited and considered HAPC proposals from the public and added
selection criteria, including whether the designation would improve
fisheries management in the U.S. Exclusive Economic Zone (EEZ); whether
it included EFH for more than one Council-managed species or
specifically for juvenile cod; and whether it met more than one of the
regulatory HAPC criteria listed above. Discussion of the areas
considered and the degree to which they satisfied the eight criteria
can be found in Volume 2 of the EIS.
This action approves all of the Council's recommendations for HAPC,
including the current Atlantic Salmon HAPC and the Northern Edge
Juvenile Cod HAPC. In addition, the action approves the following areas
as new HAPCs: Inshore Juvenile Cod HAPC; Great South Channel Juvenile
Cod HAPC; Cashes Ledge HAPC; Jeffreys Ledge/Stellwagen Bank HAPC; Bear
and Retriever Seamount HAPC; and 11 canyon/canyon complexes. Maps and
coordinates for the HAPC designations can be found in Volume 2 of the
EIS. A summary of the rationale for each designation (or set of
designations) was provided in the proposed rule for this action (82 FR
51492; November 6, 2017) and further rationale is not repeated here.
Detailed discussion of the rationale is also provided in Volume 2,
Section 3 of the EIS.
As described in the EIS, the HAPCs are non-regulatory designations.
The designations are intended to provide for increased attention when
habitat protection measures are considered. HAPCs that are particularly
vulnerable to the potential impacts from fishing warrant special
attention when determining appropriate management measures to minimize,
compensate, or avoid those impacts.
4. Spatial Management for Adverse Effects Minimization
The Magnuson-Stevens Act requires that fishery management plans
evaluate and minimize, to the extent practicable, the adverse effects
of fishing on EFH. The evaluation should consider the effects of each
fishing activity on each type of habitat found within EFH. Councils
must prevent, mitigate, or minimize any adverse effects from fishing on
EFH if there is evidence that a fishing activity adversely affects EFH
in a manner that is more than minimal and not temporary in nature.
Councils should consider the nature and extent of any adverse effects
along with the long- and short-term costs and benefits of the
management measures to EFH, associated fisheries, and the nation. A
thorough description of the approach the Council took to achieve this
requirement is provided in the proposed rule for this action and is not
repeated here.
The approved and disapproved measures and a brief description of
the rationale for the decision are included below. A thorough
discussion of the other alternatives considered and the potential
impacts, including economic impacts, from those alternatives are
included in Volumes 3, 4, and 5 of the EIS. Coordinates and maps of all
areas can be found in Volume 3 of the EIS.
Approved Habitat Management Measures
Establish the (Small) Eastern Maine Habitat Management
Area (HMA), closed to mobile bottom-tending gear;
Maintain Cashes Ledge (Groundfish) Closure Area, with
current restrictions and exemptions;
Modify the Cashes Ledge Habitat Closure Area, closed to
mobile bottom-tending gear;
Modify the Jeffreys Ledge Habitat Closure Area, closed to
mobile bottom-tending gear;
Establish the Ammen Rock HMA, closed to all fishing,
except lobster traps;
Establish the Fippennies Ledge HMA, closed to mobile
bottom-tending gear;
Maintain the Western Gulf of Maine Habitat Closure Area,
closed to mobile bottom-tending gear;
Modify the Western Gulf of Maine Groundfish Closure Area
to align with the Western Gulf of Maine Habitat Closure Area, with
current restrictions and exemptions;
Exempt shrimp trawling from the designated portion of the
northwest corner of the Western Gulf of Maine Closure Areas;
Add the Gulf of Maine Roller Gear restriction as a habitat
protection measure;
Remove the Closed Area I Habitat and Groundfish Closure
Area designations;
Remove the Nantucket Lightship Habitat and Groundfish
Closure Area designations; and
Establish the Great South Channel HMA, closed to mobile
bottom-tending gear throughout and clam dredge gear in the defined
northeast section. Clam dredge gear would be permitted throughout the
rest of the HMA for 1 year while the Council considers restrictions
that are more refined.
Disapproved Habitat Management Measures
The following recommendations were disapproved. Further rationale
for disapproving these recommendations is included below in the
``Georges Bank'' and ``Southern New England/Great South Channel''
sections.
The Cox Ledge HMA, which would have been closed to
hydraulic clam dredges and prohibiting ground cables of trawl vessels;
Removal of the Closed Area II Habitat and Groundfish
Closure Areas;
The Northern Edge Reduced Impact HMA, which would have
been closed to mobile bottom-tending gears except groundfish vessels
west of 67[deg] 20' W Longitude and scallop vessels fishing in a
scallop rotational program;
The Northern Edge Mobile Bottom-Tending Gear HMA, which
would have been closed to mobile bottom-tending gear; and
The Georges Shoal HMA, which would have been closed to
mobile bottom-tending gear, except hydraulic clam dredges that would
have been exempted for 1 year.
Eastern Gulf of Maine
In the Eastern Gulf of Maine, this action establishes the Small
Eastern Maine HMA, closed to all mobile bottom-tending gears. (Note,
the regulations refer to this area as simply
[[Page 15242]]
the ``Eastern Maine HMA.'') This measure is designed to protect
habitats of similar species as the larger area that was considered, but
with fewer economic impacts on the fishing industry. Its protection of
vulnerable habitats and designated EFH coverage ranks towards the
middle of the areas considered for this sub-region. Because there is
currently no habitat management area in the eastern Gulf of Maine,
implementing a mobile bottom-tending gear closure in any area
represents an improvement in groundfish habitat protection in this sub-
region. However, bottom trawls and dredges are used sparingly in any of
the areas that the Council considered and lobster traps are not subject
to any of the regulations in this amendment. Therefore, no short-term
reductions in the adverse impacts of fishing in this sub-region are
expected. Overall, the area provides potential long-term habitat
protection benefits with minimal costs to the fishing industry.
Central Gulf of Maine
In the Central Gulf of Maine, this rule maintains the existing
Cashes Ledge Groundfish Closure Area and modifies the existing Jeffreys
Bank and Cashes Ledge Habitat Closure Areas, with their current fishing
restrictions and exemptions; establishes the Fippennies Ledge HMA,
closed to mobile bottom-tending gears; and establishes the Ammen Rock
HMA, closed to all fishing except lobster traps.
This combination of measures is appropriate for this region.
Maintaining the existing Cashes Ledge Groundfish Closure Area supports
the goals and objectives of improving groundfish productivity, with no
additional economic burdens on the industry. Maintaining this closure
will also ensure that a more diverse array of bottom habitats that
support a greater variety of species remain protected from fishing
impacts.
The other actions in this sub-region are modifications to the
existing Cashes Ledge and Jeffreys Bank habitat closures. These
modifications were designed to more closely align with the location of
the shallower, hard-bottom habitats and to increase fishery access to
the deeper, less vulnerable mud and sand habitats that surround the
ledges. Ammen Rock on top of Cashes Ledge is a unique feature within
the Gulf of Maine and features kelp forest habitat that would benefit
from enhanced protection, which is why there are additional management
restrictions in that area. Fippennies Ledge is an additional hard
bottom feature within the Cashes Ledge Groundfish Closure Area that
would be protected by maintaining the existing groundfish closure.
However, should the Cashes Ledge Groundfish Closure Area be modified or
removed at some point in the future when groundfish stocks have
recovered and the closure is no longer required, Fippennies Ledge still
warrants protection from the adverse effects of mobile bottom-tending
gear. In terms of habitat protection and benefits to groundfish
resources, the approved measures are high relative to other
alternatives in this sub-region and the economic impacts are slightly
more positive than the current measures.
Western Gulf of Maine
In the Western Gulf of Maine, this action maintains the existing
Western Gulf of Maine Habitat Closure Area, closed to mobile bottom-
tending gears, and modifies the eastern boundary of the Western Gulf of
Maine [Groundfish] Closure Area to align with the habitat closure area,
while maintaining the current fishing restrictions and requirements.
This rule also creates an exemption area within the northwest corner of
those closures for shrimp trawls and designates the existing Roller
Gear Restricted Area requirements as a habitat protection measure.
The EIS describes the Council's rationale for these areas in
detail. In summary, these areas were selected to maintain decades'
worth of protections in this region, while modestly increasing fishing
access to the eastern edge of the area. The shrimp exemption was
designed to minimize the economic impact on a fleet whose gear has
minimal habitat impact. The roller gear restriction has been required
for several years and was originally implemented through Framework
Adjustment 27 to the Northeast Multispecies Fishery Management Plan to
minimize cod mortality by preventing trawl gear from fishing over rocky
substrate. As such, it has been a de facto habitat protection measure
and the Council wanted to note it formally as such.
These measures are expected to have the same level of positive
impacts on habitat and groundfish resources as the existing closures,
with the same economic benefits.
Georges Bank
On Georges Bank, the Council recommended removing the year-round
and habitat closures of Closed Areas I and II and replacing them with
three new areas: (1) The Georges Shoal 2 HMA, closed to mobile bottom-
tending gear, with a 1-year delay in closure to hydraulic clam dredges;
(2) the Northern Edge Reduced Impact HMA, closed to mobile bottom-
tending gear, with two exceptions described below; and (3) the Northern
Edge Mobile Bottom-Tending Gear HMA, closed to mobile bottom-tending
gear without any exceptions. Exemptions to the Reduced Impact HMA would
have allowed scallop dredge fishing under the scallop rotational area
program, and trawl fishing to the west of the existing western boundary
of Closed Area II (67[deg] 20' W long.), in what is now the Eastern
Georges Bank Special Access Program. In addition, any portions of the
Closed Area II groundfish closed area north of 41[deg] 30' N lat. would
have been closed to scallop fishing between June 15 and October 31 of
each year. Volume 3 of the EIS describes the Council's rationale in
detail.
We approved a portion of this recommendation. The Council
considered Closed Areas I and II in the same sub-region and included
recommendations in the same alternative. However, the two closed areas
are substantially distinct in their scope, nature, and impacts, and;
therefore, changes to either area may be assessed independently.
Whether the HMAs recommended by the Council meet the goals and
objectives of the Amendment and Magnuson-Stevens Act requirements may
also be assessed independently. The Closed Area I Groundfish Closure,
which encompasses the Closed Area I North and South Habitat Closures,
and a central portion that has long been part of the scallop access
area program, is generally less vulnerable to the adverse effects of
fishing than areas of Georges Bank to the north and east. This action
establishes the Closed Area I South Habitat Closure as a DHRA (see # 6
below), which will be closed to mobile bottom-tending gears for at
least 3 years and could be opened after a review of the research
activities in the area. Closed Area I North Habitat Closure becomes a
seasonal closure from February 1 to April 15, closed to commercial and
recreational gears capable of catching groundfish except scallop
dredges. (See #5 below.) The removal of the Closed Area I designations
and proposed new designations do not compromise the ability of the
Council's FMPs to comply with the EFH requirements of the Magnuson-
Stevens Act.
The changes the Council proposed would have opened an area that has
been closed to mobile bottom-tending fishing gear for over 20 years.
This would have allowed rotational scallop dredge fishing along the
northern edge of Georges Bank. A portion of the Northern Edge Reduced
Impact HMA
[[Page 15243]]
that would have been opened to rotational limited access scallop
dredging as part of the Council's preferred alternative includes the
northern portion of an area designated as a Habitat Area of Particular
Concern in 1998 and that is reaffirmed in this amendment due to the
ecological importance and vulnerability of the area for juvenile cod.
The Council's recommended areas on Georges Bank do not sufficiently
address the impact of limited access scallop dredging on the highly
vulnerable habitat within the Closed Area II Habitat Closure Area.
Overall, the changes the Council recommended to Closed Area II and
eastern Georges Bank are inconsistent with the Amendment's goals and
objectives of improving juvenile groundfish habitat protection and the
requirements of the Magnuson-Stevens Act to minimize the adverse
effects of fishing to the extent practicable. Furthermore, the Closed
Area II Habitat Closure Area has the same footprint as the Northern
Edge Juvenile Cod HAPC. The area has been closed to mobile bottom-
tending gear since 1995 and designated as an HAPC since 1998. The
Council reaffirmed that designation in this Amendment, but the
recommendation the Council had made does not avoid, minimize, or
compensate for the adverse effects of this action on this HAPC.
Based on the factors analyzed in the Amendment, the quality of the
habitat in the current Closed Area II Habitat Closure Area is
considered much higher than the habitat in the proposed Georges Shoal
HMA and higher than in the proposed Northern Edge Mobile Bottom-Tending
Gear Closure Area. The Council's EIS supporting the Amendment describes
the size, habitat content (sand/mud vs. gravel, cobble, boulder), and
the results of an EFH overlap analysis, allowing us to compare the
relative EFH ``value'' across areas. The EFH overlap analyses were done
to show the extent to which the EFH designations for individual managed
species overlap within each habitat management area the Council
considered. This type of analysis favors larger areas and was done
using several categories, as follows: Total number of EFH designations;
EFH for overfished species; EFH for species/life stages with a known
affinity for complex substrate; juvenile hotspots; and the count of
unique species and designations.
The proposed Georges Shoal HMA ranks at or near the bottom of the
analysis in almost every measure of EFH coverage, despite its much
larger size, meaning far fewer managed species and life stages utilize
this area. Of the 49 areas considered across all sub-regions, the
Georges Shoal HMA ranks between 36th and 47th, depending on the
measure; in contrast, the Closed Area II EFH area ranks between 8th and
27th in the same analysis. Among the 16 alternatives considered for the
Georges Bank sub-region, the Georges Shoal HMA is the sixth largest,
but last or almost last in each of the EFH overlap scores. The Georges
Shoal HMA is sandier and more shallow, and, therefore, less vulnerable
to fishing impacts, than Closed Area II, making it a much less
efficient closure. The Northern Edge Mobile Bottom-Tending Gear HMA
that had been proposed ranks in the lower half of almost every metric
as well (from 7-12 out of 16), despite being a similar size to the
existing Closed Area II EFH closure. The Northern Edge Reduced Impact
HMA that had been proposed, where scallop fishing would have been
allowed on a rotational basis, represents the most complex habitat and
ranks in the upper half of each EFH metric (3-7 out of 16), despite its
much smaller size.
Removing protections from, and allowing scallop dredging in, the
most vulnerable portion of Closed Area II compromises the ability of
the Council's FMPs to continue to meet the requirements of the
Magnuson-Stevens Act to minimize to the extent practicable the adverse
effects of fishing on EFH throughout the region and prevents the
Council from achieving this action's goals and objectives. The
potential benefits to habitat from the areas the Council had proposed
to close do not outweigh the potential adverse effects on highly
valuable EFH and vulnerable groundfish stocks that would result from
opening the Closed Area II Habitat Closure Area to limited access
scallop dredging.
In addition to the quality and importance of the habitat on eastern
Georges Bank, the Closed Area II Habitat Closure Area is also the
Northern Edge Juvenile Cod HAPC. As noted above, the Council initially
made this designation in 1998 and reaffirmed the importance of the area
in this Amendment. One of the four considerations for HAPC designation
is sensitivity to anthropogenic stress. The Council concluded that
there are ``no known anthropogenic threats to this area beyond those
associated with fishing activity.'' While there are no fishery
restrictions associated with HAPC designations themselves, the
designation should result in the Council taking a more precautionary
approach to management of those areas, particularly when the only noted
human-induced stress is fishing. The final rule for the EFH regulations
(67 FR 2343; January 17, 2002) notes, ``. . . designation of HAPCs is a
valuable way to highlight priority areas within EFH for conservation
and management . . . Proposed fishing activities that might threaten
HAPCs may likewise receive a higher level of scrutiny.'' This guidance
suggests that councils should prioritize the protection of HAPCs where
fishing is a primary or significant threat to the habitat.
The Council's recommendations in this Amendment would have opened
the most vulnerable portions of the HAPC without closing other
comparable habitat. The Council did not adequately explain its reasons
for concluding that this HAPC should be opened to fishing or how the
other areas adequately mitigated or compensated for the impacts of
fishing in this area. The Council's recommendation to allow even
rotational fishing in this sensitive habitat is inconsistent with its
own rationale for the designation that the habitat in this area
warrants particular concern and consideration. The Council also did not
explain the conditions for allowing fishing in this area that would
sufficiently minimize adverse effects. For these reasons, we
disapproved the recommendations to remove the Closed Area II Habitat
and Groundfish Closure Areas and replace them with the areas described
above.
While disapproving the Council's recommendation for eastern Georges
Bank will continue to result in lost opportunity costs for the scallop
industry, approved changes to current area closures will provide
substantial new economic opportunity for the scallop fishery. The
Council currently estimates that access into the Closed Area I and
Nantucket Lightship areas that were previously closed could increase
scallop revenue by $140-$160 million in the next year (based on
preliminary information in Scallop Framework Adjustment 29). The
Council may choose to revisit habitat management on eastern Georges
Bank in a subsequent action that could address the reasons for
disapproval.
Great South Channel/Southern New England
This rule establishes the Great South Channel HMA. The northeast
corner of the HMA (12.5 percent of the area) will be closed to all
mobile bottom-tending gears. The effective date of the closure will be
delayed by 1 year for hydraulic clam dredges throughout the remainder
of the area. The Council considered the unique fishing practices in the
surfclam fishery. Based on this information, the Council is working to
identify sub-areas
[[Page 15244]]
that are less vulnerable to clam gear to determine whether some amount
of clam fishing may continue in a manner that sufficiently minimizes
impacts to vulnerable substrate. The Council recommended establishing
two small HMAs on Cox Ledge, closed to hydraulic clam dredges, and
prohibiting ground cables on trawls fishing in the areas; however, that
recommendation was disapproved. The Nantucket Lightship Habitat Closure
Area and the Nantucket Lightship Closed Area are removed by this
action.
Throughout the development of the action, the Council's technical
team expressed concern that the ground cable restriction measures would
not minimize the habitat impacts of fishing. NMFS reiterated these
concerns several times throughout the development of OHA2 management
measures. Ground cables account for a significant portion of a bottom
trawl's seabed impact. However, the sediment clouds they create
``herd'' fish toward the opening of the net. The gear modifications
that had been proposed would have reduced the effectiveness of the gear
and, in all likelihood, cause vessels to fish longer in order to
compensate for reduced catch rates. No studies of the trade-offs
between reduced impacts of ground cable removal and the duration or
frequency of bottom trawl tows were cited in the EIS for OHA2. As a
result, we disapproved this recommendation.
The approved recommendation of the Great South Channel HMA is a
compromise between the larger Great South Channel East HMA (identified
in the EIS as Alternative 3), located further to the east, and the
slightly smaller Nantucket Shoals HMA (identified in the EIS as
Alternative 5), located further to the west, closer to Nantucket
Island. Bottom habitats in these areas are a mixture of less stable
sand and more stable gravel, cobble, and boulder substrates and support
fisheries for groundfish, clams, and scallops. The two most significant
fisheries in the area are for surfclams and scallops. Scallop dredging
is almost entirely restricted to deeper water along the western side of
the Great South Channel and to an area east of Cape Cod. Clam dredging
occurs in a large area of mixed bottom types in shallower water to the
west. While the Council recognized the likelihood of negative economic
impacts of these alternatives on the clam fishery, they were also
concerned about the negative effects of hydraulic dredges on complex
habitats occurring in the region. The discussion and development of
more discrete exemption areas is currently occurring in a separate
framework adjustment action.
This action also establishes two HAPCs in this sub-region. The
Inshore Juvenile Cod HAPC includes waters off the Massachusetts coast
to 20 m deep, and overlaps slightly with the Nantucket Shoals and
Nantucket Shoals West HMAs. The Great South Channel Juvenile Cod HAPC
includes additional waters north and east of the HMAs to a depth of 120
m and partially overlaps the Great South Channel HMA in this sub-
region. No management measures were applied specifically to these
areas; however, they are designated as HAPCs primarily because they are
vulnerable to adverse anthropogenic impacts from non-fishing
activities.
Results of the habitat impact analyses in the EIS indicated that
the approved measures are expected to have positive habitat impacts
compared to leaving the habitat and groundfish closures in the
Nantucket Lightship area in place, even with the 1-year delay in
closure for clam dredges in most of the area. Impacts to groundfish
resources will be approximately the same for both the existing and new
measures. The new measures will have a slightly negative economic
impact on the groundfish fishery; approximately 1 percent of the total
groundfish revenue from the statistical areas covered by the closure
are expected to be impacted by this measure. A highly negative economic
impact on the clam fishery after the 1-year delay expires would be
expected, before more discrete exemption areas are approved and
implemented.
5. Groundfish Spawning Measures
The Council has considered how to most effectively manage fishing
during the spawning periods of key fish in several actions. During the
development of this Amendment, the Council recommended, and NMFS
implemented, several modifications to spawning protections for cod and
other groundfish through Framework Adjustments 45 and 53. Because these
measures were implemented prior to the completion of OHA2, there was
much debate over what should be done in this action. Ultimately, the
Council recommended, and this action implements, a few minor additional
protections to what is required currently.
Gulf of Maine
In the Gulf of Maine, this action establishes two new, relatively
small, cod spawning protections. They include the Winter Massachusetts
Bay Spawning Closure, which will be in effect from November 1-January
31 of each year. During the closure, the area will be closed to all
fishing vessels, with the same exemptions as the existing Gulf of Maine
Cod Spawning Protection Area (i.e., Whaleback). These exemptions
include vessels fishing in state waters that do not have a Federal
Northeast multispecies permit; vessels fishing with exempted gears;
charter/party and private recreational vessels, provided they are
fishing with pelagic hook and line gear and there is no retention of
regulated groundfish or ocean pout; and vessels that are transiting. In
addition, a 2-week closure (April 15-April 30) within statistical area
125, referred to as the Spring Massachusetts Bay Spawning Protection
Area, is established. This area will be closed to all vessels, except:
Vessels fishing in state waters that do not have a Federal Northeast
multispecies permit; vessels fishing with exempted gears; vessels in
the mid-water trawl and purse seine exempted fisheries; scallop vessels
fishing with dredges on a scallop day-at-sea; vessels fishing in the
scallop dredge exemption area; and charter, party, and recreational
fishing vessels.
Georges Bank
Because the Council's recommendation to remove the Closed Area II
Groundfish Closure Area in Georges Bank was disapproved, the current
year-round restrictions and exemptions remain in effect. Should the
Council revisit habitat management on Georges Bank, and recommend the
removal of the Closed Area II closure areas, a seasonal restriction
would be in place for Closed Area II Groundfish Closure Area and the
Closed Area I North Habitat Closed Area from February 1-April 15.
During the closure season, the areas will be closed to all commercial
and recreational vessels, except those that are transiting, fishing
with exempted gears, participating in the mid-water trawl exempted
fishery, and fishing with scallop dredges, unless otherwise prohibited
elsewhere.
This action removes the May Georges Bank Spawning Closure. Sector
vessels are exempted from this seasonal closure, rendering it virtually
non-existent. Removing the closure should minimally reduce the
administrative burden for sectors, as they will no longer have to
request this exemption.
6. Dedicated Habitat Research Areas
In order to highlight research needs, particularly relating to
evaluating the assumptions of the Swept Area Seabed Impact (SASI) model
that the Council used as the basis for HMA development, this rule
establishes two Dedicated Habitat Research Areas (DHRA), which will be
in effect for 3 years, at which time the Regional Administrator will
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consult with the Council as to whether the designation should be
retained. The Council developed a series of questions to assist in this
future discussion that include consideration of where in the research
development process an activity is, how well it aligns with the
Council's stated habitat research priorities, and what role the DHRA
designation plays in the research.
This action establishes the Georges Bank DHRA (footprint is the
same as the existing Closed Area I South Habitat Closure) and the
Stellwagen DHRA (footprint within the existing Western Gulf of Maine
Habitat Closure). The Georges Bank DHRA is closed to all mobile bottom-
tending gear. The Stellwagen DHRA is closed to all commercial mobile
bottom-tending gear, commercial sink gillnet gear, and commercial
demersal longline gear. Maps and coordinates of the approved DHRAs can
be found in Volume 3 of the EIS.
7. Framework Adjustments and Monitoring
The designation or removal of HMAs and changes to fishing
restrictions within HMAs may be considered in a framework adjustment.
In addition, this action establishes a review process to evaluate the
performance of habitat and spawning protection measures. Finally, this
action establishes a process for the Council to identify and
periodically revise research priorities to improve habitat and spawning
area monitoring.
8. Regulatory Changes
This rule implements measures for all of the approved measures. In
order to improve clarity of the habitat-related management measures, we
have reorganized Sec. 648.81 to refer solely to year-round and
seasonal closures designed for purposes of groundfish protection. All
habitat-related measures, including the newly approved and existing
HMAs and their accompanying regulatory text, the DHRAs and their
accompanying text, and the Mid-Atlantic Fishery Management Council's
Deep-Sea Coral Protection area can be found in a new subpart (subpart
Q). In addition, the Council stated that all areas currently closed to
scallop dredging should remain closed upon the implementation of OHA2
so that the Scallop Committee can better incorporate newly opened areas
in the rotational management program. The existing EFH closures
currently reside in both the groundfish (Sec. 648.81) and scallop
(Sec. 648.61) regulations. This action adds the groundfish closed
areas that would otherwise be removed by this action to the scallop
closure section (Sec. 648.61) to ensure that the restrictions on
scallop fishing remain in place until a subsequent scallop action can
modify them. The decisions related to scallop fishing year 2018 access
are being implemented via Framework Adjustment 29 to the Atlantic
Scallop FMP. The regulations also update cross-references and
definitions as needed. The Council deemed the regulations as necessary
and appropriate, as required in the Magnuson-Stevens Act, on March 28,
2017.
9. Changes From the Proposed Rule
As described above, the differences from the proposed rule relate
to the recommended measures that were disapproved by NMFS. Closed Area
II Habitat Closure regulations will be reassigned to the new habitat
management section in Subpart Q, while the Closed Area II Groundfish
Closure Area will remain codified in Sec. 648.81. Cross-references
from other sections have also been updated to reflect these changes.
10. Comments and Responses
The Notice of Availability for this Amendment was published on
October 6, 2017 (82 FR 46749), and the proposed rule was published on
November 5, 2017 (82 FR 51492). The comment periods for both ended on
December 5, 2017. In total, 72 comments were received; many of these
comments were submitted on behalf of environmental or fishing
organizations or businesses. Seventeen of the comments were not
relevant to the issues under discussion in this action and were
nominally about the commenter(s) concerns regarding global climate
change. Those comments are not addressed here.
Comment 1: Nine comments focused exclusively on EFH, HAPC, and DHRA
designations. Seven of the comments recommended approving the
regulations, specifically the EFH, HAPC, and DHRA regulations, with
most specifically noting the importance of the Inshore Juvenile Cod
HAPC, that it was important to give other areas HAPC status because of
their sensitivity to trawling, dredging, and other fishing impacts, and
that these designations and related management measures can help boost
the cod population. Three commenters also noted the importance of the
Atlantic Salmon HAPC. Another comment supported the implementing OHA2
regulations that would allow the Council to develop analytical tools
for EFH designation, and monitor the effectiveness of current/future
conservation efforts.
Response: NMFS agrees that the EFH, HAPC, and DHRA regulations are
necessary and appropriate when supported by the best available science.
We are approving all of the Council's recommendations for these
designations, including the Atlantic Salmon and Inshore Juvenile Cod
HAPCs. We disagree that the 20-meter depth limit for the Inshore
Juvenile Cod HAPC is overly broad. It was based on the best scientific
information available that indicates a broader depth range occupied by
young-of-year and 1-year-old cod.
Comment 2: The U.S. Army Corps of Engineers submitted a comment
regarding the winter flounder EFH designation that the Council and
NOAA/NMFS consult with them to better inform EFH conservation
recommendations. They are concerned about re-suspended sediments in or
near designated habitat, and its effect on Atlantic sturgeon.
Response: This comment has been forwarded to NMFS staff in the
Protected Resources Division for the Greater Atlantic Region who work
on Atlantic sturgeon issues to address this concern with the Army
Corps.
Comment 3: Mystic Aquarium submitted a comment expressing concern
for the lack of analysis and development of alternatives to conserve
deep-sea corals EFH in Gulf of Maine, Georges Bank, and southern New
England regions under the purview of the Council. This commenter
contends that because the revision of the EFH designation for Acadian
redfish includes deep sea corals, and deep sea corals have been
described as the most vulnerable form of EFH in reference materials
developed by the NMFS Deep-Sea Coral Research and Technology Program
and the Northeast Fisheries Science Center analysis of fishing effects
that the Council should analyze the fishing effects on these habitats.
Because the deep-sea coral considerations were split off into a
separate action, the commenter requests that we leave the status quo
HMAs and HAPCs, in both the Gulf of Maine and along the continental
margin south and west of Georges Bank, until a refined proposal is
produced by the Council that addresses these concerns. Alternatively,
the commenter suggests that the Council's ongoing coral amendment could
be redirected to address these issues regarding mitigation of the
effects of fishing on corals functioning as EFH.
Response: This action does not directly address the impacts of
fishing on corals as a component of EFH for redfish. Additional
information specific to deep-sea corals would require further
development and consideration of information that was not available for
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this Amendment. The Council considered what measures were necessary for
deep-sea coral protection in the recently completed deep-sea coral
amendment. This action implements the retention of all three status quo
habitat management areas in the Gulf of Maine, with some minor
modifications, and all the HAPCs along the outer shelf, largely because
of their importance for deep-sea corals.
Comment 4: Eighteen comments focused on maintaining the status quo
spatial management measures. Most of these comments were from members
of the public who identified themselves as recreational or for-hire
fishing sector participants. Most commenters specifically opposed
opening the Western Gulf of Maine and Closed Areas I and II to
commercial fishing, noting that they considered the closed areas to be
largely responsible for the recovery of the haddock stocks. A few
commenters mentioned specific support for the new closed area off
downeast Maine (i.e., the Small Eastern Maine HMA), the new Great South
Channel HMA, and for maintaining the Cashes Ledge Groundfish Closure
Area with the current restrictions. Many commenters noted that
recreational fishermen are currently not allowed to possess cod in the
Gulf of Maine and that allowing increased commercial fishing pressure
in an area known for cod would be inconsistent with that restriction.
Response: NMFS agrees that closed areas can be an effective tool in
rebuilding overfished stocks and protecting vulnerable habitat. We have
reviewed the best science available in this action relating to the
costs and benefits of closed areas when determining whether the
Council's recommendations minimize the adverse effects of fishing to
the extent practicable, and whether they meet the Amendment's goals and
objectives and comply with all other laws. NMFS supports the
implementation of the Small Eastern Maine HMA and implements that
measure in this action. We support maintaining the Cashes Ledge Closure
Area closed as recommended by the Council. We also agree that the Cox
Ledge proposal should not be implemented.
We disagree that opening a portion of the Western Gulf of Maine
Closure Area is inconsistent with the current restriction on
recreational anglers. The Council manages Gulf of Maine cod with an
overall annual catch limit (ACL) and distinct sub-ACLs for various
aspects of the fishery. We believe this system is sufficient to prevent
overfishing and rebuild overfished stocks. Specific management measures
are developed to address the unique nature of both the commercial and
recreational fisheries. The commercial fleet is primarily managed using
a sector system, which further allocates the commercial sub-ACL to
fishing sectors. The recreational sub-ACL is managed by setting an open
fishing season, minimum fish size, and possession limit for the
recreational and for-hire sectors that will prevent the sub-ACL from
being exceeded.
The approved measures would reduce the area protected by about 25
percent; however, the area remaining closed has more vulnerable habitat
than the area being opened. As described in the EIS, measures
implemented by this rule will have a positive impact on groundfish,
albeit slightly less beneficial than the status quo. Overall, however,
NMFS determined that the collective measures in the Gulf of Maine
represent an improvement to groundfish protections.
The Great South Channel HMA is being approved with the clam dredge
exemption, contrary to the recommendations in some of these comments.
The area covered by the Great South Channel HMA is currently open to
fishing, including by hydraulic clam dredges, scallop dredges, and
groundfish trawls. The majority of the area would be open only to clam
dredges for 1 year while the Council attempts to develop more specific
exemption areas. The Council notes that hydraulic clam dredges are
capable of fishing in discrete areas of less vulnerable habitat around
more complex structure. If, in the coming year, the Council is unable
to develop a solution that effectively minimizes the adverse effects of
fishing in this area while minimizing the economic impacts to the clam
fishery, the exemption will expire, and hydraulic clam dredges would be
prohibited throughout the HMA.
On Georges Bank, we partially agree with the recommendations to
leave Closed Areas I and II as they are now. We are implementing the
Council's recommendation to remove the Closed Area I groundfish and
habitat closed area designations, but we are also implementing a
seasonal spawning closure for Closed Area I North and a DHRA closed to
mobile bottom-tending gear in Closed Area I South. We have disapproved
the Council's recommendation for Closed Area II for the reasons
described in the preamble of this rule.
Comment 5: The Nature Conservancy (TNC) believed some of the
proposed measures likely meet the requirements of the Magnuson-Stevens
Act to periodically review EFH designations and the protection of such
habitats. In particular, they recommended that NMFS approve all new EFH
designations; the new Small Eastern Maine Habitat Management Area
(HMA); continue existing protections in the Cashes Ledge Groundfish
Closure Area; and approve the Jeffreys Bank and Cashes Ledge Habitat
Closure Areas. They also supported the approval of the Fippennies Ledge
HMA and establishing the Ammen Rock HMA, as well as the Cox Ledge
spawning area. TNC also supported the Western Gulf of Maine Habitat
Closure Area and all of the Council recommended HAPCs and DHRAs.
TNC expressed concerns with new habitat closed areas on Georges
Bank and framework provisions that establish a pathway to allow
exemptions for hydraulic clam dredge gear in habitat closed areas.
Specifically, TNC is opposed to the Council's recommendation on Georges
Bank, citing their Weighted Persistence Analysis, which is an analysis
and that it supports the concerns noted by NMFS in the proposed rule.
TNC also opposes the exemption for hydraulic clam dredges and suggests
that a workshop should be held to review very high-resolution data to
identify exemption areas that would be compatible with requirements to
prevent adverse impacts of fishing. The letter contends that the TNC
analysis showed that, apart from the Northern Edge Reduced Impact HMA,
the Council recommended management measures are not located in high
habitat value areas. According to TNC, this verifies the concerns the
Agency expressed regarding the Georges Bank area in its request for
comments. Because TNC feels that the proposed management measures for
Georges Bank do not protect high value habitat, they strongly
recommended that NMFS disapprove these provisions.
Further, as TNC wrote in its comments in 2015, surfclam/ocean
quahog vessel monitoring system data show that this fishery, while
largely concentrated in the Mid-Atlantic and Southern New England
regions, is active in the Great South Channel, off Cape Cod, and on
Georges Bank. TNC also asserts that hydraulic surfclam gear is highly
destructive to structured habitats, and has a lesser impact in high-
energy sand habitats. TNC suggests that a collaborative workshop
process informed by very high-resolution spatial data could be used to
identify exemption areas that would be compatible with requirements to
prevent adverse impacts of fishing.
Response: NMFS agrees that the Weighted Persistence Analysis
supports
[[Page 15247]]
our decision for Georges Bank and notes that we referenced that
information when making this determination. The Cox Ledge area was not
recommended as a spawning closure and is not being implemented as an
HMA for the reasons noted in the preamble of this rule. NMFS supports
the idea that a workshop to identify exemption areas within the Great
South Channel HMA would be beneficial to both the Council and the clam
industry, should the interested parties agree on that approach as a way
forward.
Comment 6: The Cape Cod Commercial Fishermen's Alliance,
representing 150 fishing businesses and over 300 fishing families,
expressed support for the analytical basis for the Amendment, namely
the SASI and Local Indicators of Spatial Association (LISA) analyses,
noting this modeling framework allowed the Habitat Committee and the
Council to make well-informed decisions when recommending preferred
alternatives. The Fishermen's Alliance supported the Council's full
recommendation to create a new Habitat Management Area (HMA) in the
Great South Channel to protect this valuable ground, including closing
12.5 percent of the northeast HMA to all mobile bottom-tending gears.
Additionally, the Fishermen's Alliance asserts that the prohibitions in
the remaining area for dredging are warranted, particularly given
opening of nearby regions to scalloping that pose less impacts to the
benthic environment. They also strongly supported the Council's
decision to designate the Great South Channel Juvenile Cod HAPC,
stating that these actions would reduce fishing impacts on habitat, and
(coupled with the Georges Bank Seasonal Closure Area) protect valuable
spawning and rearing habitat for Atlantic cod.
The Fishermen's Alliance also expressed strong support for the
removal of the Nantucket Lightship and Closed Area I closures, noting
the significance of the areas to the small boat scallop fishery (i.e.,
the limited access general category fleet), specifically noting that
the habitat encompassed by the current closed areas is less important
for valuable species such as Atlantic cod than the habitat that would
be protected under the new Great South Channel HMA.
Response: We agree with the Fishermen's Alliance that the SASI/LISA
results were an appropriate starting point for the Council's
discussion. Based in part on those analyses, the Nantucket Lightship
and Closed Area I closures are removed in this action. We are also
approving the recommendations in the Great South Channel for the
reasons described above.
Comment 7: The Council submitted comments in support of
implementing the measures as proposed. The Council contends that the
full suite of measures submitted were in compliance with the
requirements of the Magnuson-Stevens Act. The Council stated in its
comment its recognition of the important habitats along the northern
edge of Georges Bank for groundfish, including juvenile cod. The
Council contends that its preferred approach to management on Georges
Bank keeps certain areas closed to fishing with mobile bottom-tending
gears, while allowing only rotational scallop fishing in most of the
Reduced Impact HMA.
The Council took issue with how the preamble of the proposed rule
implied that scallop fishing in the Reduced Impact HMA would be
unlimited, contending that while the Council was not prescriptive about
how rotational scallop fisheries on the northern edge might be
conducted, this statement ignores the eighteen years of successful
rotational sea scallop management since Amendment 10 to the Atlantic
Sea Scallop Fishery Management Plan (FMP) formally adopted the
approach. The Council also expressed concern that the preamble
misconstrues the economic analysis in Volume 5 of the EIS with regard
to the scallop fishery loss of opportunity versus realized costs. The
Council states that they are confident that rational rotational
management can be conducted on the northern edge while minimizing the
adverse effects of fishing.
Finally, the Council responded to the concern that it did not give
due consideration to the northern edge's status as an HAPC when
deciding on measures to minimize adverse effects. The rationale for the
HAPC given in the EIS notes that complex gravel habitats, especially
those with structure-forming epifauna, provide cover for juvenile cod,
reducing predation during a critical life history stage that may be a
bottleneck for this species.
Response: For the reasons described in this rule's preamble, NMFS
disapproved the Council's recommendation to allow rotational scallop
fishing on the northern edge of Georges Bank. NMFS agrees that the
scallop rotational program has successfully managed scallops, but the
rotational program is designed to address scallop fishing issues. It
was not designed specifically to minimize adverse effects on EFH or
account for juvenile cod HAPC. NMFS determined that the Council did not
adequately describe or consider the relationship between the frequency
of scallop fishing and the recovery time scale of the habitat features
that are particularly important to juvenile groundfish in the region.
NMFS acknowledges that the proposed rule inappropriately misconstrued
the potential lost revenues to the scallop fishery and has updated the
language in the final rule. As described above, NMFS disagrees that the
Council gave due consideration to the northern edge's status as an
HAPC.
Comment 8: The Northeast Seafood Coalition (NSC), representing 250
fishing businesses, submitted a comment generally in favor of the
Council's recommendations. The comment was careful to point out that,
while NSC supports the full suite of measures recommended by the
Council, it is not fully ``satisfied'' with the Amendment as a whole.
Specifically, NSC is unsatisfied with retaining groundfish closure
measures in the Western Gulf of Maine and on Cashes Ledge. The NSC
requests that the record identify the overarching purpose of the Cashes
Ledge Closure and the Council's intention in recommending that it
remain closed. NSC notes that the Council was neither bound by the
existing closures nor to selecting new areas of comparable size.
Further, NSC states that NMFS should not be evaluating the efficiency
of the proposed Georges Bank recommendations by comparing them to
habitat protection coincidently provided by the existing mortality
closures. NSC also questions NMFS's ``one-sided'' interest in CPUE as a
relevant consideration for habitat impacts regarding the ground cable
prohibition on Cox Ledge.
Response: While NMFS agrees that increases in fishing efficiency
that reduces the amount of time that gear is in contact with the bottom
can enhance habitat protection, increased efficiency is not the only
way to minimize the adverse effects of fishing on EFH. Even highly
efficient fishing with mobile bottom-tending gear can have adverse
effects, defined as effects that are more than minimal and not
temporary, on highly vulnerable habitat. The combination of reduced
overall effort and high quality closures is one reason we supported the
Council's approach that smaller HMAs that protect more vulnerable
habitat are preferable to larger HMAs that cover less vulnerable
habitat. As noted above, our disapproval of the Council's
recommendation on eastern Georges Bank is in line with this approach.
The Council recommended larger, less efficient closures as compensation
for increased impacts in
[[Page 15248]]
highly vulnerable substrate. This is also consistent with our decision
to disapprove the Council's recommendation on Cox Ledge. The Council's
Plan Development Team noted on several occasions that it was unable to
determine how much less efficient an average trawl would be without
ground cables, and; therefore, unable to determine if total bottom
contact time would be reduced or increased.
We disagree that the restrictions on gears capable of catching
groundfish are unnecessary in the Western Gulf of Maine and Cashes
Ledge groundfish closure areas and that these areas were not intended
to support the Council's stated goals of improving protection of
critical life stages, including spawning groundfish. In advance of the
April 2015 Council meeting, where a motion was made to continue the
protections on Cashes Ledge, NMFS advised the Council that the
Council's goal of ``improving'' juvenile groundfish habitat protections
would not likely be achieved without the Cashes Ledge Closure Area,
particularly in combination with the reduced groundfish protections
from the Western Gulf of Maine.
NMFS staff reviewed the audio recording of the April 2015 Council
meeting in response to this comment. It is clear from that recording
that the maker of the adopted motion for the Central Gulf of Maine made
the recommendation in response to the Regional Administrator's letter
dated April 14, 2015, noting our concerns relating to the Habitat
Committee's recommendations in light of the Gulf of Maine cod stock
status. This letter stated specifically ``there is insufficient
information in the record to show that the Committee's recommended
preferred alternative improves juvenile groundfish habitat protections
and would likely fail to meet the Council's stated goals and
objectives.'' We agree that the Council discussion on the motion was
clear that the intention was for cod protection given its current
status, and that when the cod is considered healthy, the Council should
consider the utility of the Cashes Ledge Closure Area under those
conditions. NMFS would support a review of this area, as well as the
Western Gulf of Maine Groundfish Closure measures, when cod and other
groundfish stocks are rebuilt. The Council can revisit the overall
objectives and collection of management measures in the Northeast
Multispecies FMP as stock conditions change. This review should include
all measures that have been implemented or maintained in support of
rebuilding stocks that may no longer be necessary when stocks recover.
Comment 9: The Massachusetts Division of Marine Fisheries submitted
comments in support of the Council's recommendations, particularly
those on Georges Bank, noting the decisions being developed in Scallop
Framework Adjustment 29 are projected to result in lower overall
groundfish bycatch, reduced open area effort, increased scallop catch,
and increased revenue from access to Closed Area I and the Nantucket
Lightship West area.
Response: While we disapproved the Council's recommendations for
eastern Georges Bank, we are approving the recommendations to remove
the Closed Area I and Nantucket Lightship Closure Areas as year-round
closures. A decision on Framework 29 is pending finalization by NMFS,
which, if approved, would authorize the scallop fishery to access
portions of these former closure areas.
Comment 10: The Associated Fisheries of Maine (AFM), representing
25 fishing businesses, recommended eliminating closed area restrictions
and allowing vessels to optimize fishing efficiency and thereby reduce
the intensity and frequency of mobile gear on the ocean floor.
Specifically, the AFM did not support maintaining the existing Cashes
Ledge Groundfish Closure Area. AFM asserts that groundfish mortality
objectives are met with annual catch limits and accountability
measures. AFM contested the proposed rule claims that this closure was
maintained to ``improve protection of juvenile and spawning
groundfish'' because, according to AFM, the Closed Area Technical Team
analysis does not show the Cashes Ledge area as either a groundfish
juvenile or spawning ``hotspot.'' AFM does support the modifications to
the Cashes Ledge Habitat Closure Area to allow fishery access to deep
mud and sand habitats.
AFM supported the proposal to align the eastern boundary of the
Western Gulf of Maine Groundfish Closure Area with the Western Gulf of
Maine Habitat Closure Area, as well as the exemption to allow shrimp
trawls in the northwest portion of the area. AFM did not support
maintaining the current groundfish restrictions in the Western Gulf of
Maine Closure Areas, noting that groundfish mortality objectives are
met through annual catch limits and accountability measures, and the
use of fixed gear to target groundfish (as is allowed for recreational
fishing) would not negatively affect any habitat objectives for this
area.
AFM supported removal of the Closed Area I and II Groundfish
Closure Areas. AFM contends that the proposed exceptions to the
Northern Edge should include all mobile tending bottom gear. AFM
asserted that the groundfish trawl fleet with the capacity to fish
offshore has been greatly reduced by low annual catch limits, and
therefore the intensity and frequency of trawl access to the Northern
Edge would be minimal. AFM also supported the proposal for seasonal
spawning closures on Georges Bank.
Response: As noted in the response to the Northeast Seafood
Coalition, while NMFS agrees that increases in fishing efficiency that
reduce the amount of time that gear is in contact with the bottom can
enhance habitat protection, increased efficiency is not the only way to
minimize the adverse effects of fishing on EFH. (See comment #4.) NMFS
disagrees that the hotspot analyses in the EIS failed to show that
Cashes Ledge area is an important area for juvenile and spawning
groundfish species. The analysis indicates that there are a number of
species that aggregate in this area as juveniles (redfish, American
plaice, silver hake, white hake, and haddock) and as large adults
(redfish, red hake, and witch flounder). In addition, research in this
area shows there are resident and migratory populations of cod that use
this this area, and that they are growing faster and living longer than
cod collected outside the Cashes Ledge Groundfish Closed Area.
Comment 11: Seven comments were received from businesses and others
with an interest in the surfclam and ocean quahog fishery. All seven
comments recommended that NMFS disapprove the Council's recommendations
for the Great South Channel and Georges Shoal because of the economic
impacts to the surfclam/quahog fishery from those HMAs. These comments
also noted that if we did approve the HMAs, we should only do so if the
1-year exemption for the clam fishery were extended. The commenters
varied in the preference for the extension, but they ranged from 3 or 5
years to a permanent exemption.
Response: NMFS is disapproving the Georges Shoal HMA as part of the
decision to partially disapprove the eastern Georges Bank
recommendation. In the Great South Channel, NMFS is approving the
Council's recommendation. The Council considered a permanent exemption,
but selected the 1-year option instead. Currently, the Council is
developing a framework adjustment that will consider more discrete,
permanent exemptions for hydraulic clam dredges
[[Page 15249]]
within the Great South Channel HMA. NMFS agrees with the Council that
the 1-year exemption is enough time to consider more discrete
exemptions, particularly because it will have been nearly 4 years since
the Council took final action on its recommendations when the exemption
is scheduled to expire. The Council has been considering these issues
during this time. The review and rulemaking development phase at NMFS
has provided an additional 3 years for the clam industry to gather data
and bring recommendations to the Council for consideration.
Comment 12: Three comments were submitted specific to lobster
fishery issues. The American Offshore Lobstermen's Association (AOLA),
which represents the majority of offshore lobster vessels, commented on
the Council's recommendations for eastern Georges Bank. Specifically,
the AOLA noted that NMFS has not codified the agreement between the
lobster and groundfish fleets that is designed to eliminate gear
conflicts by setting seasonal restrictions for each fishery. The
comment also noted that the language in the Council's motion to
eliminate gear conflicts between the scallop and lobster fisheries
incorporates language that differs from the industry discussions. The
organization also noted that there has been an increase in Jonah crab
fishing in the Nantucket Lightship area and that if the area were to
open in this action, gear conflicts may arise and should be addressed.
The letter submitted by the Atlantic States Marine Fisheries
Commission's American Lobster Board reiterated many of these same
comments. The third letter, from a student in a public policy course,
expressed his concern about the lack of impact analysis for certain
fishing areas, specifically referencing the AOLA letter and the
expansion of the Jonah crab fishery and lobster fisheries. The
commenter also noted that data relied on in the document is more than
five years old and that fish and crustacean populations are likely to
have shifted during that time due to climate change.
Response: We are disapproving the Council's recommendations for
eastern Georges Bank, which renders the concerns about the gear
conflict agreement moot. In the Nantucket Lightship area, it is
difficult to know how the fixed gear fisheries may interact with mobile
gear fisheries because the area has been closed and we have no data
showing an expected increase in gear conflicts. We support industry
initiatives to minimize gear conflict in this region. We will work with
the Council and Commission to address these issues as they arise.
Comment 13: The Pew Charitable Trust submitted a comment signed by
8,493 members of the public that contends that the Amendment does not
follow best available science, does not meet its own goals and
objectives, and does not fulfill legal requirements to protect fish
habitat, especially on Georges Bank and in Southern New England.
Specifically, the letter focused on the Northern Edge of Georges Bank
and the surrounding areas that have been closed to mobile bottom-
tending fishing gears for over 20 years. The letter contended that the
Northern Edge is one of the most ecologically important places in New
England waters, and it should remain closed to dredging and trawling to
provide refuge for depleted groundfish and other marine species, and
that NMFS should reject the Council's proposed HMAs on Georges Bank,
including the Northern Edge Reduced Impact Habitat Management Area,
which would allow scallop dredging in an area that has been identified
as critically important for juvenile cod since 1998. This letter also
stated that all clam dredge exemptions should also be rejected, and
this gear should not operate in any HMAs identified for protection. The
letter further contends that in Southern New England, allowing clam
dredging in the proposed Great South Channel HMA would introduce gear
that is destructive to seafloor habitats. The comments also stated that
NMFS should reject the Council's proposal to allow bottom trawling
without ground cable in the Cox Ledge HMA because the commenters
recommend that this area should be closed to all mobile
bottom[hyphen]tending gear. A nearly identical letter was also
submitted by a private individual.
Response: NMFS agrees that, as proposed, some of the Council's
recommendations fall short of achieving its stated goals and objectives
for this action and the requirements of the Magnuson-Stevens Act.
However, we have determined that, as approved, the Council's FMPs will
comply with the Magnuson-Steven Act, and that the approved provisions
of this action were based on the best available scientific information.
We agree, and are disapproving, the Council's recommendations for the
Northern Edge and Cox Ledge. We are approving the clam exemption, for
the reasons stated above.
Comment 14: The United States Department of the Interior, Office of
Environmental Policy and Compliance, Bureau of Indian Affairs urged the
NMFS to engage interested Indian tribes as part of this rulemaking
process and to provide such tribes a meaningful opportunity to consult
directly on what impacts the rule would have on tribes and tribal
resources.
Response: NOAA conducts government to government consultation with
federally recognized tribes pursuant to the process identified in its
November 2013 Tribal Consultation Handbook (http://www.legislative.noaa.gov/policybriefs/NOAA%20Tribal%20consultation%20handbook%20111213.pdf). The actions
identified in this document are not expected to impact tribal rights or
resources. No Federally recognized tribe expressed interest in the
management measures proposed nor has any tribe commented on these
measures at any time throughout the extensive public development of the
Amendment.
Comment 15: Four environmental non-government organizations
(Conservation Law Foundation, Oceana, Earthjustice, and the Natural
Resource Defense Council; hereafter ``Conservation NGOs'') submitted a
detailed, joint comment letter on the Amendment. These organizations
noted their years of involvement in the development of this action and
raised concern with the Amendment process. These conservation
organizations contend that NMFS should not approve the Amendment until
the completion of the required Endangered Species Act consultations,
and that a reinitiation of the consultation that covers the affected
fishery management plans is required. The Conservation NGOs also state
that the Amendment does not satisfy the requirements of the Magnuson-
Stevens Act, the National Environmental Policy Act, and the Endangered
Species Act.
The Conservation NGOs' letter contends that OHA2 and its EIS fail
to recognize the ecological importance of minimizing the impacts of
fishing on EFH and actions are inconsistent with the OHA2's goals and
related legal requirements. The Conservation NGOs contend that the
management attention and analytical approaches on the vulnerable
complex benthic habitats is too narrowly focused and does not
acknowledge the potential for adverse effects to sandy or mud bottoms
or the water column from fishing. The Conservation NGOs argue that this
is a major deficiency of the Amendment from a Magnuson-Stevens Act,
NEPA, and ESA perspective. This letter argues that the statutory task
is not limited to minimizing the physical impacts of fishing gears on
hard, complex benthic areas to which the bulk of the analysis in the
EIS has been focused.
[[Page 15250]]
Response: NMFS does not agree that sandy or mud bottom habitats
were ignored during the process of identifying candidate areas, or
selecting preferred habitat management alternatives. The SASI model was
specifically designed to assess the relative vulnerability of different
types of bottom habitat to fishing gear impacts and output from the
model accounted for habitat diversity with areas that included a
greater proportion of more complex habitats receiving a higher score.
Many of the preferred alternatives (e.g., the Western Gulf of Maine,
Great South Channel) include sand and mud habitats as well as rocky
habitats. The Council and NMFS have also determined that EFH within the
water column is not adversely affected by fishing and does not require
protection from fishing activities.
Comment 16: The Conservation NGOs argue that the Amendment and
supporting documentation fails to protect EFH for managed stocks that
its own analysis concludes is vulnerable to fishing gears.
Response: NMFS disagrees; the intent of the action is to minimize
impacts to EFH globally and more specifically to critical groundfish
species. Many of the HMA alternatives that NMFS approved protect
vulnerable EFH for a variety of managed stocks. (See the EFH overlap
analysis for each HMA in Volume 4; Tables 7, 13, 19, 27 and 33.)
Approval of the Great South Channel HMA and disapproval of the
Council's proposed alternative on eastern Georges Bank was predicated
on the need to protect vulnerable habitat for juvenile cod. OHA2 also
includes two new juvenile cod HAPCs. Other overexploited groundfish
stocks, such as Georges Bank yellowtail flounder, occupy less
vulnerable sandy habitats, and were thus not the subject of area
management decisions.
Comment 17: The Conservation NGOs' letter argues that the OHA2
decision-making process and the selected alternatives ignored the
important Weighted Fish Persistence modeling work done by The Nature
Conservancy.
Response: NMFS acknowledges that the results of the TNC analysis
were not formally incorporated into the EIS until after the Council
selected preferred alternatives; however, these analyses were available
to the Council prior to taking final action. Further, the Weighted
Persistence Analysis did factor into NMFS's decision-making process, as
noted above.
Comment 18: The Conservation NGOs argue that the Amendment fails to
identify significant HMA areas, virtually ignoring all of the habitat
protection alternatives selected and the species hotspot and habitat
vulnerable areas identified by the SASI, LISA, and Weighted Fish
Persistence models. They assert numerous alternatives proposed by the
Council's technical teams were eliminated by Committees or the Council
out of hand, without any practicability analysis and based on multiple,
legally irrelevant grounds.
Response: The work done by the Habitat PDT and the Closed Area
Technical Team (CATT) was considered by the Habitat Committee when they
decided which HMA and spawning area alternatives to retain for
analysis. The Committee considered public comment and other information
available to them to develop a reasonable scope of alternatives to
address the Amendment's goals and objectives. These decisions removed
infeasible alternatives because of extreme costs to the industry or
insufficient EFH protection. The Council then used the analyses in the
EIS to weigh the benefits and costs of each alternative and selected
preferred alternatives that minimized EFH impacts without closing
valuable fishing grounds. Practicability assessments in the EIS were
based on a thorough analysis and comparison of the benefits and
economic costs of all the habitat management areas considered in the
Amendment.
Comment 19: The Conservation NGOs object to the Council's
recommendations that would open extensive areas of known cod and other
overfished groundfish EFH areas than are currently under protection.
Response: NMFS agrees that the Council's proposed action would have
opened three large closed areas on Georges Bank and south of Nantucket,
that provide habitats used by overfished groundfish species. We have
approved the opening of the habitat and groundfish closed areas in
Closed Area I and the Nantucket Lightship area, but not in Closed Area
II. Our decision to disapprove the proposed alternative on eastern
Georges Bank is based, in part, on the high EFH value of the northern
edge of Georges Bank for cod and the low overall EFH value of the
Georges Shoal area. We believe the analysis in the EIS shows that
fishing impacts on more vulnerable hard bottom habitats used by
overfished groundfish species (e.g., cod) will continue to be minimized
by the OHA2 regulations even with the opening of Closed Area I and the
Nantucket Lightship Closure Areas. Other overfished species like
yellowtail flounder utilize less vulnerable sandy habitats, so opening
closed areas will have less of an impact on their habitats than opening
areas more complex habitats.
Comment 20: The Conservation NGOs contends that the Amendment
contains only cursory references to reduced availability of prey
species and does not discuss the loss of prey species and their
habitat. They state this action does not adequately analyze the
potential adverse effects to EFH for managed species consistent with
the Magnuson-Stevens Act's requirement to minimize the adverse effects
of fishing to the extent practicable.
Response: NMFS acknowledges that prey is a component of EFH, as
defined by the EFH final rule. NMFS and the Council considered effects
on prey to the degree afforded by the best available science. The
Habitat PDT attempted to include infaunal prey organisms in the
vulnerability assessment for SASI, but there was not enough information
regarding the impacts of fishing gear on individual prey species and
species groups. A section of the EIS describes what is known about the
loss of prey species and their habitat and an appendix that summarizes
available information on their distribution in the region. There was
not enough spatial information available on the distribution and
abundance of prey to use in defining habitat management alternatives.
In addition, the Council's approach to focus on vulnerable substrate
important to managed species indirectly protects epifaunal
invertebrates that occupy gravel and rocky habitats substrates and are
eaten by fish and the habitats that are important to prey.
Comment 21: The Conservation NGOs contend that, with the limited
exception of the eastern Gulf of Maine, there are no alternatives that
expand the area of existing protections within current closed areas or
the size of currently protected areas.
Response: This is accurate; however, expansion of existing
protections within current closed areas or the size of protected areas
is not the charge to the Council from the Magnuson-Stevens Act. NMFS
and the Council have made it clear from the beginning that size of HMAs
alone is not sufficiently effective for maintaining habitat protections
that minimize adverse impacts to habitat to the extent practicable. It
is more effective and efficient to close smaller areas with a higher
proportion of more vulnerable habitat and increase fishing access to
less vulnerable areas. This provides for an improved balance of short-
and long-term costs and benefits for minimizing adverse fishing impacts
to the extent practicable.
[[Page 15251]]
Comment 22: The Conservation NGOs argue that because practicability
by definition means ``capable of being put into practice or of being
done or accomplished: Feasible,'' if an EFH impact minimization measure
can be feasibly done, then it must be done. In several places, they
compare to the North Pacific Council's Alaska EFH plan and the Pacific
Council's Groundfish Amendments, where there were specific analyses on
the amount of revenue put ``at-risk'' from the measures, ranging from
$2.4 to 36.3 million, depending on the Council/alternative. They
further argue that ``balancing'' between habitat protection and
economic costs is not what is required under the EFH language.
Response: NMFS does not agree that it is necessary to compare the
approaches to minimizing adverse effect from fishing on EFH from other
regional fishery management councils. Each council is afforded the
flexibility to determine what is practicable for its particular
fisheries and habitats. The recommendations made by the North Pacific
and Pacific Councils, and the decisions made by NMFS in approving those
recommendations, may be looked at for guidance on a particular
approach, but it is not required.
Practicability does not mean to the extent possible. NMFS disagrees
with the assertion that the Magnuson-Stevens Act requires any EFH
protection that is possible. The Magnuson-Stevens Act requires
minimizing adverse fishing impacts to the extent practicable. NMFS
agrees that this consideration includes what is feasible. But feasible
means that which is capable of being done. ``What is capable'' is
determined by an analysis and consideration of of the nature and extent
of the adverse effect from fishing on EFH and the long- and short-term
costs and benefits of potential management measures to EFH, associated
fisheries, and the nation.
Comment 23: The Conservation NGOs stated that the economic/
displacement discussion ``ignores the reality of New England fisheries
where gross revenues for the groundfish fleet have increased
dramatically in the past two decades despite ever-escalating regulatory
limits and the current habitat closures.''
Response: The statement that gross revenues in the groundfish
fishery have ``dramatically increased'' over the past two decades is
not supported by the facts. While there were increases in gross
revenues in a few years, the overall trend in revenue has been
downward, when adjusting for inflation, since 1981. See the ``Measuring
the Effects of Catch Shares Project'' http://www.catchshareindicators.org/.
Comment 24: The Conservation NGOs further contend that the
practicability analysis fails to adequately account for the role that
closed areas play in hedging against the numerous forms of uncertainty
inherent in both the marine environment and in attempting to manage an
extractive industry within that natural environment. The letter also
argues that the practicability analysis fails to provide a model or
other meaningful support for its assumptions related to the likely
human behavioral responses to management measures. The Conservation
NGOs said that the heavy reliance on a simplistic analysis of the
impacts of lost revenues on the fleet without consideration of human
behaviors that might mitigate against potential short-term loss renders
the estimate of the practicability of a given measure grossly
unreliable and often improperly inflammatory.
Response: The Council considered potential behavioral responses to
the degree available information supported responsive measures. The EIS
acknowledges that there was no objective way to predict how fishermen
would respond to new area closures, and the results of the analysis are
described as ``revenue at risk'' calculations. While these calculations
could have over-stated costs of area closures, NMFS believes that they
provide a reasonable basis for incorporating potential uncertainty into
what may be practicable. Further, our partial approval decisions were
based on a careful evaluation of the habitat benefits and economic
costs of the proposed alternatives.
Comment 25: The Conservation NGOs maintain that NEPA obligates NMFS
to make available a redline version of the EIS for public review, and
failure to do so violates NEPA requirements. The groups also object to
the ``ad-hoc'' method of developing the final Council alternative on
Georges Bank because it was not within the range of previously analyzed
alternatives. In addition, the letter points out that The Nature
Conservancy's weighted persistence analysis was not formally
incorporated into the draft EIS prior to the June 2015 decision
meeting. The environmental organizations also argue that the EIS fails
to include an adequate range of alternatives because, while the Council
included an alternative that would have removed all closures, there was
not an equally extreme alternative on the other end of the spectrum.
The group also contend that EIS is deficient in that it fails to
develop or analyze any alternatives that include mitigating the
ubiquitous impacts of lobster gear on EFH. The letter goes on to argue
that the analysis in the Amendment is further flawed by its failure to
consider all the adverse environmental effects to EFH associated with
the alternatives. Instead, the Conservation NGOs argue that the
analysis relied too heavily on the SASI/LISA tools to predict all
environmental impacts.
Response: NMFS disagrees that the Council and the Agency failed to
appropriately comply with NEPA. There is no requirement to provide a
``red-line'' version of the EIS for public review. Further, the Council
did not limit itself to only one end of the spectrum of possibilities.
The Amendment included a reasonable range of alternatives that
addressed a wide spectrum of impacts that were detailed with thorough
analysis that sufficiently informed the public, the Council, and NMFS.
This allowed the Council and us to take a hard look at the impacts of
the potential choices. For example, each sub-region, with the exception
of the Central Gulf of Maine, which was smaller than other areas and
addressed by changes to the Cashes Ledge area, included an alternative
or a potential combination of areas that would have dramatically
increased either the total size or total vulnerable habitat covered by
a closure area. The Council's selection of Alternative 10 on eastern
Georges Bank, while insufficient for addressing the requirements of the
Magnuson-Stevens Act and the Amendment's goals and objectives, was
within the range of alternatives previously analyzed. Further, the
Georges Shoal HMA that the Council recommended was included in
Alternative 7, and the concept of the Northern Edge Reduced Impact HMA,
combined with a mobile bottom-tending gear closure to the south, was
substantially and materially similar to Alternative 9.
The Conservation NGOs do not provide any information that was
overlooked that would have better informed the Council's actions or our
decision. Nor do they provide information that contradicts our
decision. The groups specifically point to the Bigelow Bight areas
designed by the CATT as an example that would have better informed the
Council's decision if it were included within the range of
alternatives. However, a large version of that area was incorporated in
Western Gulf of Maine Alternatives 3 and 4, and a smaller version was
in Western Gulf of Maine Alternative 5. Some of the CATT areas in the
Western Gulf of Maine extended into state waters, and the Council
determined it would be inappropriate and ineffective to implement
closures in state waters
[[Page 15252]]
because they would only apply to federally permitted vessels and only
fishing in state-waters would still be allowed. The Nature
Conservancy's weighted persistence analysis was not formally
incorporated in the draft EIS that was prepared for the April and June
2015 Council meetings because the information was received too late to
be directly incorporated in the document. However, the information was
distributed to Council members and was made available to the public in
advance of those meetings.
The SASI model that was used as a first step in identifying
potential HMAs included an analysis of the effects of fixed gears, such
as lobster traps, and concluded that those impacts are minimal. For
this reason, they were not considered when developing gear management
options in OHA2. As described in the response to Comment #15, NMFS
determined that the impacts to non-rocky habitats were addressed
appropriately. Further, the Council analyzed and selected preferred
alternatives partly based on output from the SASI model as well as
information from a number of other sources, not just the vulnerability
scores from the model. We are not sure what is meant by ``all the
adverse environmental effects to EFH associated with the
alternatives.'' The only effect the Council is obligated to minimize is
adverse impacts from fishing. To the extent that these effects are
mitigated by natural disturbance factors, these were considered by the
Council and NMFS in selecting and approving final HMA alternatives.
Comment 26: The Conservation NGOs supported the revised EFH
designations; however, they contend that because the Phase I EFH
designations were completed in 2007 and reviewed in 2011, they are now
beyond due for the mandated five-year review, even before they are
approved and implemented. They state NMFS must initiate action to
analyze and confirm the validity of the information supporting these
changes. Any required revisions should be immediately addressed through
an appropriate action.
Response: The EFH final rule states that EFH designations ``should
be'' revised, as necessary, every five years. The regulations do not
require this. Updating the designations further in this action was
impracticable. It could have further complicated and delayed this
action. In practice, there is a great deal of variability in the timing
of the EFH reviews conducted by the Councils and NMFS from region to
region. Because it has been 20 years since the original EFH
designations were approved in the region, we agree that the Council
will need to consider review of EFH designations in upcoming future
actions. That review, however, is not part of the decisions made in
this document.
Comment 27: The letter noted that the Conservation NGOs are deeply
concerned that known coral areas in the Gulf of Maine that are
essential habitat for Acadian redfish were not designated as HAPC, and
requested that NMFS direct the Council to review those habitats for
designation under the HAPC criteria, especially because the Council's
Coral Amendment will not protect those areas.
Response: The EFH Final Rule does not require the Councils or NMFS
to establish HAPCs. The Council is currently finalizing its Deep-Sea
Coral Amendment, which will address deep-sea coral protection issues in
the Gulf of Maine.
Comment 28: The Conservation NGOs further insisted that NMFS
initiate action to use the final rule for OHA2 to confirm that each
HAPC reflects current understanding about the vulnerability and
susceptibility of these areas to fishing impacts. The comment states
that any required revisions should be immediately addressed through an
appropriate action.
Response: There is an analysis in the EIS that shows there is a
high degree of spatial overlap of EFH within the HAPCs for several
groundfish species that occupy more vulnerable hard bottom habitat. The
EFH value for adult Atlantic cod, for example, is high in four of the
five HAPCs and high in three of them for juvenile cod. The results for
haddock are similar. Winter flounder EFH overlaps highly in three of
the five HAPCs. Although there is no analysis that directly addresses
the vulnerability of these areas to fishing impacts, the HAPCs are
clearly well located in areas with vulnerable habitats used by managed
species of groundfish. The EIS also describes, in general terms, the
susceptibility of each HAPC to anthropogenic stresses, including
fishing, because that is one of the criteria that were used to justify
the designations. There are also maps indicating how well the HAPCs
coincide with the proposed HMAs. In some situations, an HAPC is
entirely contained within an HMA and, in others, it is partially
included in an HMA. NMFS agrees with the Council that the HMAs include
appropriate habitat protections associated with the HAPCs, with the
exception of the Northern Edge Juvenile Cod HAPC. The proposed
management measures in the Northern Edge Reduced Impact HMA did not
appropriately protect the HAPC from fishing impacts. This was one
reason why the proposed alternative on Georges Bank was disapproved.
Comment 29: Generally, the Conservation NGOs believe that the
habitat protection measures in the Gulf of Maine do not minimize the
adverse effects of fishing on habitat to the extent practicable.
Specific to the eastern Gulf of Maine, the groups contend that because
vulnerable EFH must be protected from fishing impacts to the extent
practicable in this amendment, selection of the Small Eastern Maine HMA
as the preferred alternative is irrational. The alternative is not the
most protective of the alternatives considered or of alternatives
considered but rejected earlier on practicability grounds, coming in
somewhere ``in the middle'' of the alternatives considered in the area.
The Conservation NGOs also assert that this alternative also
encompasses very little of the areas identified by The Nature
Conservancy in its peer-reviewed Weighted Persistence Analysis, which
identified this area as one of the highest scoring areas in the entire
region.
Response: NMFS did note some concerns when preferred HMAs were
being selected that prohibitions on the use of mobile bottom-tending
gear in this area would do little to minimize the adverse impacts of
this gear because there is little use of that gear in the area
currently. NMFS acknowledged that the overall increase in protection in
the region is relatively small. However, the same could be said for the
other HMA alternatives in eastern Maine. This area was correctly deemed
the most practicable because it was not adjacent to disputed waters
just inside the U.S.-Canadian border and because it provided nearly the
same degree of habitat protection as the Large Eastern Maine area. The
primary benefit of any HMA in eastern Maine is to protect vulnerable
bottom habitats from any future resumption of groundfishing, which used
to be more active there.
Comment 30: In the Central Gulf of Maine, the Conservation NGOs
contend that the failure to designate the entire Cashes Ledge Closure
Area as an HMA with appropriate protections is inconsistent with
statutory mandates, the goals and objectives of the Amendment, and the
extensive record associated with this action. The letter says that it
was one matter to have this area treated largely as a groundfish
closure historically, but the Amendment process is intended to advance
all feasible EFH habitat protection as such, not just as a beneficiary
of closures or openings associated with managed species FMPs. The
commenters
[[Page 15253]]
maintain that the entire current Cashes Ledge Closure Area should be
identified as a habitat management area and managed accordingly to
prohibit all commercial fishing, including gillnets in the water column
EFH and the pelagic mobile gears may contact the bottom. The commenters
contend that managing the area solely as a ``groundfish mortality
closure'' leaves open the possibility that it will be re-opened by the
Council whenever it determines that groundfish stock conditions have
improved sufficiently.
The letter also argues that it is inconsistent with statutory
purposes and the goals and objectives of the Amendment to reduce the
size of the existing Cashes Ledge Habitat Closure area by 27 percent.
In addition, the commenters suggest that the Council's proposed action
in this sub-region was based in part on poor quality substrate data and
a reliance on ``general knowledge,'' particularly in regard to the
extent of rocky bottom in the vicinity of Cashes Ledge and the
predominance of muddy substrate in the deeper portions of the Cashes
Ledge Closure Area. Re-designating current groundfish closures as
habitat closures and expanding the existing protections for the Cashes
Ledge Closure Area to include all gears would also represent an
appropriate precautionary approach in light of the lack of survey data
available for this area and the severely depleted status of Gulf of
Maine cod.
Response: NMFS agrees with the Council recommendation that
maintaining the gear regulations that have been in place since the
closure was established in 2002 meets the EFH requirements to minimize
the adverse effects of fishing on habitat. Maintaining these
restrictions allow the protections afforded to the diversity of habitat
types it encompasses to remain in place and more effectively protect
the resident groundfish resources from fishing than regulations
associated with HMAs that only prohibit the use of mobile bottom-
tending gears. NMFS agrees that this is a reasonable approach to
achieving the stated goals and objectives of the Amendment. As noted in
the response to Comment #4, the Council voted to maintain the Cashes
Ledge Closure Area in response to our concerns that the goals and
objectives relative to critical groundfish life stages, among others,
would be compromised if these protections were removed. The Council
could decide in the future to remove the fishing restrictions in
response to the full recovery of Gulf of Maine cod and other important
groundfish stocks. The Council would need to consider how the changes
minimize the adverse effects of fishing on EFH to comply with the
Magnuson-Stevens Act.
NMFS does not agree that this area should be designated as an HMA
in order to prohibit all commercial fishing activity, including mid-
water gillnets and trawls. Mid-water gears are not designed or intended
to contact the bottom and do not impact marine habitats in any
significant way so there is no need to prohibit their use in this area.
In addition, the analysis in the EIS indicates that the Cashes Ledge
HMA could be reduced in size without compromising the habitat
protection benefits of the closure. NMFS agrees, and is implementing
the Council's recommendation to modify the HMA on Cashes Ledge. NMFS
agrees that substrate and resource survey data quality is poor in the
central Gulf of Maine, but is convinced that the Council made the best
possible use of available scientific information and did not make any
unjustifiable decisions when selecting preferred alternatives in this
sub-region.
Comment 31: In the Western Gulf of Maine, the commenters argue that
the Amendment's proposal to reduce the size of the current areas with
year-round habitat protection by 25 percent and to increase the gear
exemptions within the closure is inconsistent with section 303(a)(7)
requirements, unless it were infeasible for the Council to realize
greater habitat and managed species benefits by protecting a larger
area with more restrictive measures. Based on the information in the
EIS, the commenters argue that the No Action Alternative 1 (unmodified)
is clearly the rational preferred choice to the Western Gulf of Maine
Preferred Alternative, as it realizes more habitat benefits at
virtually the same fisheries cost.
Response: We approved the Council's proposed action because the
bottom habitats just outside the eastern boundary of the current
groundfish closure are primarily deeper, low vulnerability mud
habitats. NMFS determined that allowing access to this area and
maintaining the prohibitions on a wider variety of gears capable of
catching groundfish in the smaller area would continue to minimize the
adverse impacts of fishing and protect groundfish resources at
approximately the same level. Allowing the groundfish fleet into
productive fishing grounds located just outside the eastern boundary of
the Western Gulf of Maine HMA maintains approximately the same level of
protections in a less costly, more practicable way.
NMFS disagrees that that the exemption for shrimp trawls in the
northwest corner of the closed area negatively impact the protective
measures of the closures. Shrimp trawls are not allowed to have ground
cables; they are used in deeper, muddy bottom habitats; and are
equipped with a grate to reduce the catch of juvenile groundfish.
Furthermore, the shrimp resource is currently in very poor shape to the
extent that fishing has been completely or severely restricted in
recent years.
Comment 32: The Conservation NGOs argue that the Council should
have selected Western Gulf of Maine Alternative 3 with Options 1 or 2
or Alternative 4 with Options 1 or 2, arguing that both perform the
best in terms of minimizing the impacts of fishing on EFH and, with
only moderately to slightly negative social and economic costs, both of
those alternatives are feasible. They assert that any other selected
alternative would be inconsistent with the record and contrary to law.
Response: Both of these alternatives include the Large Bigelow
Bight HMA, which the Council did not propose for approval because of
their negative social and economic costs. NMFS agrees with the
Council's determination that they would incur unacceptable costs to the
industry, particularly the inshore groundfish fishery and are,
therefore, impracticable.
Comment 33: The commenters suggest that Council's proposed
alternative on George Bank should be rejected by NMFS and returned to
the Council for further development, public review and comment, and
future action because the proposed assortment of HMAs do not minimize,
to the extent practicable, the effect of fishing on the EFH in the
Georges Bank sub-region. Of the alternatives considered, the
alternatives that scored the highest in terms of biological benefits to
habitats and managed resources from the habitat protection measures
proposed were Alternative 6, Options 1 and 2 and Alternative 8, Options
1 and 2. The Council determined these alternatives (Alternatives 6 & 8
with Options 1 & 2) to be superior to the proposed suite of management
measures (Alternative 10 with Options 1 & 2) for habitat generally and
the large mesh groundfish resource. Economically, the preferred Georges
Bank alternative (Alternative 10) is expected to provide similar short-
and long-term economic impacts as the nine other alternatives/option
combinations that were considered, including the No Action alternative.
Further, the letter notes that there is little, if any, social or
economic cost to continuing the closed habitat areas on Georges Bank
because these areas have
[[Page 15254]]
been closed for many years. The limited access scallop fishery will
continue to be profitable if these areas remain closed. In addition,
the proposed Georges Bank HMAs do not satisfy the objectives of OHA2 to
improve protection of critical groundfish habitats or improve refuge
for critical life stages (e.g., spawning fish) and they are
inconsistent with the Council's designation of the Northern Edge
Juvenile Cod HAPC that was established in 1998.
Response: NMFS agrees that there are no new direct costs to the
industry if the status quo is maintained, although we acknowledge there
has been substantial lost opportunity costs due to the closure of the
northern edge that would continue. (See Comment #7.) NMFS agrees with
the comments relating to the goals and objectives of OHA2 and the
comment that the Council's proposal for eastern Georges Bank is
inconsistent with the designation of the area as a juvenile cod HAPC,
for the reasons described in the preamble. Because NMFS determined that
the combination of newly approved and existing measures that will
continue allow each of the Council's FMPs to comply with the EFH
requirements of the Magnuson-Stevens Act, we did not remand the entire
proposal to the Council for action. The Council may choose to revisit
habitat protection on the northern edge, and NMFS would provide the
necessary support and guidance throughout that process as we did for
this Amendment. In order to address a number of the concerns cited in
the preamble regarding the disapproved measures, NMFS contends that any
future action should thoroughly evaluate the geographic extent,
duration, and frequency of any future scallop dredging activity within
any new access area on the northern edge of the bank and the habitat
features that are used by groundfish at critical life stages that need
to be protected from impacts.
Comment 34: Specific to the Southern New England region, the
commenters note that the Amendment considered more than a dozen
alternatives and options to conserve EFH in this sub-region, yet the
Council proposed an alternative that does not minimize adverse effects
on EFH to the extent practicable, does not satisfy the goals and
objectives of the Amendment, and does not effectively conserve the
newly designated Habitat Area of Particular Concern in the Great South
Channel sub-region. The Council considered an alternative (Alternative
3) that could have achieved these multiple tasks in Great South Channel
East HMA, yet chose a less protective area for its preferred
alternative. In addition, by failing to account for the displacement of
fishing effort, the Conservation NGOs suggest that the EIS does not
adequately evaluate the practicability of any of the action
alternatives that were considered.
Response: The Council is not required to select the most protective
alternative, regardless of economic impact, but must also consider
their costs and benefits. The analysis in the EIS shows that the
selected alternative does minimize impacts to the extent practicable
and complies with the requirements of the Magnuson-Stevens Act. NMFS
agrees with the Council that the Great South Channel HMA is a
practicable HMA that minimizes adverse impacts of fishing on vulnerable
EFH.
Further, unlike the Northern Edge HAPC, the Great South Channel
Juvenile Cod HAPC is vulnerable to non-fishing impacts, as well as
fishing impacts. The Council considered the HAPC and how to mitigate or
compensate for adverse fishing impacts. NMFS determined that the
Council's approach to overlaying fishing restrictions on the
substantial amount of complex, gravel, cobble, and boulder habitat
within the HMA, but outside of the HAPC, is an appropriate approach in
this area, rather than simply relying on the boundaries of the HAPC to
dictate where the HMA protections should be.
Comment 35: The chief concern of the Conservation NGOs with the
Council's proposed action in Southern New England is the temporary one-
year exemption for hydraulic clam dredges that allows them to continue
fishing in most of the area. The Conservation NGOs maintain that if
clam dredging is allowed to continue in areas of vulnerable bottom
habitat after the exemption expires, the habitat protection benefits of
the HMA will be substantially compromised.
Response: As approved, clam dredging will be prohibited in the
Great South Channel HMA after one year. The Council considered the clam
fishery's unique fishing activity as providing a possible basis for
allowing limited fishing that would not substantially impact EFH for an
additional year. The 1-year delay in the closure was predicated on the
understanding that the Council and the clam industry would be working
to identify the less vulnerable portions of the Great South Channel HMA
where hydraulic clam dredging could be allowed to continue in such a
way as to not compromise the protective benefits of the HMA overall.
NMFS is working with the Council to ensure that any future framework
adjustment achieves these goals and, as stated in the framework's
problem statement, that any potential long-term clam dredge exemption
meets the goals and objectives of this Amendment.
Comment 36: The Conservation NGOs further argue that all of the
alternatives that use gear modifications, such as trawl cable
restrictions or elevating disks, to reduce the impacts of fishing on
EFH rely on unproven methods to reduce adverse effects of fishing on
EFH. Because these gear modification options would allow continued
fishing in these vulnerable areas with no objective assessment of their
singular or cumulative adverse effects on EFH, the commenters argue
that the measures should be disapproved.
Response: NMFS agrees and has disapproved the Council's
recommendation on Cox Ledge based on the recommendation of the
Council's PDT that there was still too much uncertainty regarding the
loss in efficiency from the modified gears to understand if adverse
effects would be increased or reduced.
Comment 37: The Conservation NGOs state that the DHRAs will enhance
habitat research and adaptive management, but that the proposed sunset
provision that allows the DHRAs to lapse after three years if no
habitat research is undertaken is unrealistic. The process of
developing a research proposal, obtaining funding, and completing all
necessary planning can take well more than three years.
Response: NMFS agrees that the DHRAs are an important component of
the Council's overall plans to continue to improve habitat research and
management. NMFS disagrees that the 3-year sunset provision is
inadequate. The EIS describes a variety of considerations that the
Regional Administrator should take into account when determining if a
DHRA designation should be maintained, including whether funding has
been requested (not simply obtained). The most important consideration
will be that the research requires the DHRA to be successful and that
it supports achieving the Council's stated habitat research goals.
Comment 38: The Conservation NGOs argue that the reductions of
spawning measures from the status quo, specifically the reduction of
current year-round groundfish closure areas to the seasonal areas
recommended in the document, insufficiently protect spawning stocks and
that there should be no exemptions from the spawning closures because
any fishing can disturb spawning activities. They further assert that
the spawning measures need to address all managed species and all
closure areas should also be
[[Page 15255]]
redesignated as spawning protection areas. They do not support
selection of Northeast multispecies Framework Adjustment 53 spawning
measures.
Response: The Council has and continues to address spawning
protection with a variety of approaches, generally relying on species-
or fishery-specific actions. NMFS agrees with the Council that the
measures proposed in this action augment existing spawning protection
measures previously enacted, and, in combination with the approved
HMAs, achieve the requirements to minimize to the extent practicable
the adverse effects of fishing on EFH.
Comment 39: The Conservation NGOs contend that the proposed
frameworking measures in the Amendment are directly contrary to NMFS
guidance and should be disapproved. By adopting an exhaustive list of
issues that can be addressed in a framework adjustment, the Council
will make virtually anything possible through an abbreviated framework
process that can take place in as few as two Council meetings. The
commenters argue that this approach will make the proposals to modify,
adjust, or reduce management restrictions implemented through this
Amendment a continual target and will not provide these areas the long-
term protection that they require.
Response: NMFS disagrees. Framework measures are limited to
adjustments to FMPs and amendments. The frameworkable measures allow
the Council to modify or adjust previously considered measures through
a less onerous approach, provided the measures are not novel or
substantial, and this is considered when determining in what manner a
council may address the need for management changes. Further, the
Council's collection of FMPs will still be required to comply with the
requirements of the Magnuson-Stevens Act to continue to minimize to the
extent practicable the adverse effects of fishing on EFH. As such,
substantial changes in habitat measures would only be permitted if the
Council could demonstrate, and NMFS agreed, that the changes would not
compromise that requirement.
Comment 41: The Fisheries Survival Fund (FSF), representing over
250 full-time active Atlantic scallop limited access permit holders,
submitted a detailed comment recommending that we fully implement the
amendment as recommended by the Council as quickly as possible, with
the exception of the ``lobster closure'' within Closed Area II. FSF
contends that fishery closures in historic areas of scallop abundance,
as considered in certain alternatives, directly threaten the future
success of scallop area management. Providing access to the most
productive areas decreases scallop dredge bottom time and promotes
bycatch reduction, cost efficiency, and safety, and fosters economic
stability in our fishing communities.
FSF notes that the Magnuson-Stevens Act allows actions for habitat
management only within a ``practicability'' standard, and requires FMPs
only to avoid, minimize, or compensate for adverse impacts to habitat
from fishing, and that the Council's recommendations properly weighed
these mandates in choosing preferred alternatives from the many options
available. That is, the letter contends the Council's recommendations
balanced a comprehensive and strategic approach to protecting the
improvement of fish habitat in New England with economic benefits to
fisheries communities and the achievement of optimum yield.
Response: NMFS agrees that the Magnuson-Stevens Act requires the
Council to avoid, minimize, or compensate for adverse effects from
fishing on EFH in manner that is practicable. NMFS determined that, for
the majority of the Council's recommendations, this requirement was
met. However, for the reasons described above, the Council's
recommendations for eastern Georges Bank did not. As FSF noted, the
Magnuson-Stevens Act requires a habitat protection measure to meet two
standards. While the recommendations for this region may have been
practicable from an economic standpoint, they fell short of minimizing
or compensating for adverse effects of fishing on highly vulnerable
habitat, and within an HAPC designated specifically because of its
vulnerability to fishing impacts.
Comment 42: FSF notes that fishery management decisions must be
based on the best scientific information available. FSF asserts that,
despite the Council's thorough efforts to update the scientific record
and the abundance of scientific information upon which its preferred
alternatives were selected, NMFS and the EIS continue to
inappropriately rely on biased, qualitative statements to negatively
characterize the Council's preferred alternative for Georges Bank (and,
to a lesser extent, for Southern New England). The letter states that
NMFS ``falsely rel[ied] on the premise that any decrease in total area
where fishing is prohibited results in negative impacts to habitat
protection--regardless of the quality of habitat located in those
areas--and that closed areas, once closed, should not re-open
regardless of what science dictates.'' FSF also notes that not only
does the SASI model not support the contention that ``bigger is
better'' for habitat closures, but asserts that NMFS staff advocated
for this approach.
Response: NMFS agrees that fishery management decisions need to be
based on the best scientific information available, and that overall,
the Council's recommendations meet these standards. However, the SASI
model and LISA cluster analyses were not developed to be the sole basis
for habitat management decisions. For example, in areas where there is
relatively poor data, the SASI model outputs, and consequently, the
LISA cluster analysis, can overestimate the coverage of vulnerable
substrate in a specific area if a single data point is ``blown out'' as
the grid develops. This is why the Georges Shoal HMA appears, through
the LISA cluster results, to be highly vulnerable. The Council's PDT,
recognizing this shortcoming, removed the layers of the LISA cluster
analysis to examine the underlying substrate data. Doing so, reveals
that the Georges Shoal HMA is not a highly vulnerable area. Further,
the SASI/LISA analyses are not the only measures of habitat value in
the EIS. As described above, the utility of the area to fish stocks,
represented by the EFH overlap analyses, demonstrate that the Georges
Shoal HMA value is low, despite its much larger size, than current
Closed Area II Closure Area. FSF assertion that NMFS required a
``bigger is better'' approach is an incorrect characterization of the
Agency's advice during the development of the Amendment and of our
decision. NMFS staff routinely pointed to the idea that smaller, higher
quality closures were preferable to larger, less efficient closures in
areas of less vulnerable habitat. We contend that our decision to
disapprove the Council's recommendation on eastern Georges Bank
supports this approach. The combination of the Council's two mobile
bottom-tending gear closures are significantly larger than the existing
Closed Area II habitat closure; however, these areas are less efficient
in protecting vulnerable habitat, and, despite their size, include less
EFH for managed species and life stages, as described above.
Comment 43: FSF states that NMFS must approve any FMP amendment
submitted by a council unless that amendment is inconsistent with the
law; that OHA2 is consistent with all relevant laws; therefore, it must
be implemented as submitted, with the exception of the lobster closure,
``even if some on NMFS' staff may not have
[[Page 15256]]
selected the same alternatives the Council did.''
Response: NMFS agrees that we are obligated to approve any FMP
amendment submitted by a council if that action is determined to be
consistent with applicable law. NMFS disagrees that all of the
Council's recommendations met this standard and; therefore, disapproved
the portions of the Amendment that did not. Throughout the development
of the Amendment, there were alternatives in many areas that NMFS staff
appropriately advocated for that were ultimately not selected as
preferred. However, with the exception of eastern Georges Bank and Cox
Ledge, NMFS approved the Council's recommendations.
Comment 44: FSF states that through the process of developing this
amendment, the Council and its committees made enormous scientific
advances using both new and existing analytical tools, relying on far
more detailed substrate profiling information that was not available
when the existing closures were implemented in the first Omnibus
Habitat Amendment in 1998, such as scallop video survey work by the
University of Massachusetts' School for Marine Science and Technology,
and that, therefore, spatial management for habitat conservation
purposes will be improved by the selection of any science-based
alternative.
Response: NMFS agrees, however, the scientific information
presented in the EIS by the Council recognizes that there are areas
within existing closures that are highly vulnerable to the adverse
effects of fishing and that warrant continued protection. NMFS
determined that the Council's recommendations for eastern Georges Bank
and Cox Ledge were not adequately supported by the scientific
information in the EIS, for the reasons described above.
Comment 45: FSF notes that the supporting analyses for the EIS and
proposed rule completely omit any consideration of possible unintended
consequences that can, and do, result from effort displacement in areas
with mixed fisheries. FSF contends that such consequences could readily
nullify any possible benefits of closures or even incur greater harm to
fishery resources. Failure to consider fishermen's behavioral changes
associated with closures can undermine the achievement of fishery
management goals.
Response: NMFS agrees that displacement of fishing effort from an
area that is closed into an area that is open to fishing could have an
unintended consequence of increasing habitat impacts in the open area,
especially if it causes increased impacts on sensitive habitats that
have not previously been exposed to much bottom fishing activity.
However, this is not likely to happen in the region affected by
this action. With the exception of the clam fishery operating in
proposed habitat management area east of Nantucket, none of the new
HMAs that were approved are located in areas where there is much mobile
bottom-tending gear fishing activity that could be displaced into
vulnerable habitat areas. Hydraulic clam dredge vessels that fish here
are likely to shift into nearby, less vulnerable sandy habitats in the
current Nantucket Lightship Habitat Management Area (which will open
because of OHA2) if and when they are required to stop fishing in the
new Great South Channel HMA. In general, any vessel that is forced to
leave a recently closed area is more likely to move into an area that
is already being fished rather than a new undisturbed area, in which
case the effects of the additional effort will have little added impact
on the quality of bottom habitats. In this more likely scenario, the
habitat benefits of prohibiting fishing in a closed area would exceed
the habitat losses caused by additional bottom contact in an open area.
Comment 46: FSF also suggests that because management measures were
developed based on consideration of whole sub-regions, the Council's
proposed measures provide far better protections for the depleted
Georges Bank cod stock. FSF's letter states that the proposed action on
Georges Bank closes approximately 1,120 nm\2\ of ocean bottom in areas
of ``high vulnerability.'' They further note that the areas cover over
600 nm\2\ of cobble, boulder, and granule pebble habitat, which in
total exceeds all three no action habitat closures combined, and that a
large area that is currently open with ``demonstrably high habitat
vulnerability on Georges Shoal would be completely closed to fishing.''
They also note that most of the existing Northern Edge habitat closure
would remain closed and that only the Northern Edge Reduced Impact HMA
would be open to rotational scallop fishing. Last, they state that the
Great South Channel HMA covers 1,400 nm\2\ that is highly vulnerable,
and that this alternative ``includes more than sufficient mitigation
measures to offset this action.''
Response: As noted above, the suggestion that the Georges Shoal HMA
is more vulnerable than the Northern Edge HAPC area is demonstrably
incorrect. Our conclusion is based on other indicators of habitat
suitability and vulnerability in addition to the output from the SASI
model, which the Council relied on to initially identify areas of more
vulnerable habitat where other information (e.g., EFH value, substrate
composition, and stability) proved to be more useful. The mean SASI
vulnerability scores for bottom trawls for the Georges Shoal area are
higher than for the HAPC, but only by about 4 percent and because the
HAPC was sampled more intensively. Data support for substrate--the key
underlying data for the SASI model--is much higher there than on
Georges Shoal.
We agree that it is important to evaluate the benefits of spatial
habitat management measures across individual groundfish stocks and
that the effects of these alternatives on the Georges Bank cod stock in
the Great South Channel and Georges Bank sub-region was not explicitly
weighed against each other in this action. Nevertheless, this action
includes the goal of improving groundfish protections overall. Because
the Georges Bank cod stock is in such poor condition, protection for
juvenile cod in both the Great South Channel and on the northern edge
of Georges Bank is a positive element of this action. Improving
benefits to the Georges Bank stock of cod is best achieved by approving
the Great South Channel HMA and disapproving the proposed HMA in Closed
Area II. Further, the rationale for the Council's proposals on eastern
Georges Bank does not adequately justify allowing an increase in
adverse effects from fishing on an HAPC that was designated
specifically because of its vulnerability to fishing.
Comment 47: The FSF letter also contends that the HAPC is
appropriately treated because Reduced Impact HMA extends into currently
open fishing area (that would remain open under the Haddock SAP rules)
to compensate for impacts in the HAPC. Further, the comment states,
``it is entirely permissible to allow fishing in the HAPC.'' They also
note that rotational scallop fishing will not have unlimited adverse
habitat impacts and that any increased impacts in Reduced Impact HMA
are offset by reduced bottom contact time.
Response: NMFS agrees that the designation of an area as an HAPC
does not inherently require a fishing closure in the area. However, the
Council provided insufficient information to understand which aspects
of the area are critical to juvenile cod survival, how those aspects of
the habitat are impacted
[[Page 15257]]
by scallop dredges, the recovery time for such impacts, and the
anticipated rotation periods for scallop fishing that would
sufficiently address the practicability of any proposed fishing or
protective measures. Without a more full discussion of these critical
components, it is not possible to sufficiently evaluate the nature,
extent, and scope of rotational scallop fishing that may be permitted
in the Northern Edge HAPC. The Council's recommendations in this
Amendment would open the most vulnerable portions of the HAPC and do
not adequately avoid, mitigate, or compensate for those adverse
effects. The Council's recommendation to allow even rotational fishing
in this sensitive habitat appears to be inconsistent with its own
rationale for the designation that the habitat in this area is
particularly susceptible to adverse fishing effects and warrants
particular concern and consideration.
Comment 48: The scallop industry argues that the ``lobster
closure'' should be rejected because it violates Council policy and
adequate alternatives were not analyzed.
Response: NMFS is disapproving the lobster closure in conjunction
with the recommendations on eastern Georges Bank. We agree that further
discussion of this issue would be beneficial if the Council decides to
revisit habitat management in Closed Area II.
Comment 49: FSF supported the designation of a DHRA within the
existing Closed Area I South in Georges Bank. The scallop industry
proposed this area to be dedicated to research because of the
importance of ongoing scallop studies there. The fleet has collected
video survey data in the area that will serve as baseline information
for future studies. These studies will provide valuable information
about scallop productivity, distribution, abundance, and growth. The
designation of the DHRA is expected to streamline the permitting
process for these research activities and to reduce administrative
hurdles. Areas that are designated as DHRAs must have sunset provisions
that will open an area if there is no habitat research conducted there
within three years. FSF contends that there is no benefit to excluding
commercial fishing from a DHRA if there is no interest in or capacity
for actively pursuing research there.
Response: NMFS agrees and is implementing the DHRAs with the sunset
provisions, as recommended.
Comment 50: Additionally, FSF supported adding changes in HMA
designations or restrictions to the list of items that may be modified
through framework action.
Response: NMFS agrees and is implementing the recommendation as
proposed.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
the approved portions of OHA2 are necessary for the conservation and
management of the New England Fishery Management Council's fishery
management plans and that the final rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
The Council prepared a final environmental impact statement for the
Omnibus Essential Fish Habitat Amendment 2. The EIS was filed with the
Environmental Protection Agency on October 18, 2017. A notice of
availability was published on October 27, 2017 (82 FR 49802). In
approving the amendment on January 3, 2018, NMFS issued a Record of
Decision (ROD) identifying the selected alternative. A copy of the ROD
is available from NMFS (see ADDRESSES).
This rule has been determined to be significant for purposes of
Executive Orders (E.O.) 12866. Thus, this final rule is considered an
E.O. 13771 deregulatory action. For the reasons stated earlier
regarding updated scallop biomass information, in the accompanying EIS,
and ``Description of Methods and Supplemental Analysis of Economic
Benefits of OHA2,'' we anticipate this rule will result in additional
harvest opportunities.
Congressional Review Act: The Office of Information and Regulatory
Affairs has determined that this rule is major under 5 U.S.C. 801 et
seq. Under 5 U.S.C. 808, the minimum 60-day delay in effectiveness
required for major rules is not applicable because this rule
establishes a regulatory program for a commercial activity related to
fishing.
This rule does not contain policies with Federalism, as defined in
E.O. 13132, or ``takings,'' as clarified in E.O. 12630.
Section 553 of the Administrative Procedure Act (APA) establishes
procedural requirements applicable to rulemaking by Federal agencies.
The purpose of these requirements is to ensure public access to the
Federal rulemaking process and to give the public opportunity for
comment as well as adequate notice. Because this rule opens some areas
that are currently closed, those portions of the regulations are
relieving restrictions and, pursuant to 5 U.S.C. 553(d)(1), are not
subject to the APA's requirement for a 30-day delay in effectiveness.
Additionally, pursuant to 5 U.S.C. 553(d)(3), the Assistant
Administrator for Fisheries finds good cause to waive the 30-day delay
in effectiveness for the remainder of the rule's provisions because
such a delay is unnecessary and contrary to the public interest. The
delayed effectiveness is intended to provide adequate time for the
affected public to comply with the new regulations. Because this rule
is being implemented at the start of the fishing year when these types
of changes are typically implemented and expected, there is minimal
effort or time needed for vessel owners to come into compliance with
the new measures, which generally only requires updating navigation
systems to identify the new areas. In addition, fishermen are
accustomed to adjusting to changes in available fishing areas.
Implementing the measures at the start of the fishing provide
allows the fishing industry the maximum amount of time to fish in newly
available areas. As such, the delay in effectiveness is unnecessary to
allow sufficient time for vessel owners to comply with the new
structure. Further, because NMFS's partial approval of the Council's
recommendations was announced in early January, the affected public,
i.e., primarily the commercial groundfish, scallop, and clam
industries, have been well aware of what changes are coming and have
been anticipating the changes implemented via this rule.
Although this rule does impose new restrictions in that certain
areas previously opened will be closed, the overall impact of the
measures being implemented is a reduction in management restrictions in
the majority of the areas considered. Particularly significant is the
removal of Closed Area I and the Nantucket Lightship Closure Areas that
will allow the scallop fishery, via Scallop Framework Adjustment 29, to
establish access areas and allocations that are projected to result in
an additional $140-160 million in potential fishing revenue for the
scallop fishery in the coming year. The regulated entities will benefit
far more from these provisions that lift restrictions going into
immediate effect, than they would be disadvantaged by the waiver of the
30-day delay for the aspects of the rule that impose restrictions. Even
in areas that are resulting in new closures, the impacts are minimal
because the Eastern Maine HMA closure is not expected to have any
immediate impact on mobile bottom-tending gear fishing; the hydraulic
clam dredge fishery is
[[Page 15258]]
exempted for one year from the date of implementation of the Great
South Channel HMA; the Closed Area I Seasonal Closure is the same
footprint as current year-round closure; and the Spring Massachusetts
Bay Spawning Closure is small and not effective until April 15. Thus,
NMFS finds good cause to waive the 30-delay in effectiveness because it
is in the regulated entities' interest.
A final regulatory flexibility analysis (FRFA) was prepared for
this action. The FRFA incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, and NMFS responses to those comments, and a summary of the
analyses completed to support the action. A copy of this analysis is
available from the Council (see ADDRESSES). A summary of this analysis
is provided below.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
a small entity compliance guide was prepared. Copies of this final rule
are available from the Greater Atlantic Regional Fisheries Office
(GARFO), and the guide, i.e., permit holder letter, will be sent to all
holders of any GARFO permit because many of the measures impact
fisheries at the gear, rather than permit, level. The guide and this
final rule will be available upon request.
A Statement of the Need for and Objectives of the Rule
A statement of the necessity for and for the objectives of this
action are contained in the Omnibus Amendment EIS, Volume 1, and in the
preamble to this final rule, and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
No significant issues relative to the IRFA were raised in the
public comments.
Description and Estimate of the Number of Small Entities To Which the
Rule Would Apply
The Small Business Administration (SBA) defines a small business as
one that is:
Independently owned and operated;
Not dominant in its field of operation;
Has annual receipts that do not exceed--
[cir] $20.5 million in the case of commercial finfish harvesting
entities (NAIC \1\ 114111)
---------------------------------------------------------------------------
\1\ The North American Industry Classification System (NAICS) is
the standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting, analyzing,
and publishing statistical data related to the U.S. business
economy.
---------------------------------------------------------------------------
[cir] $5.5 million in the case of commercial shellfish harvesting
entities (NAIC 114112)
[cir] $7.5 million in the case of for-hire fishing entities (NAIC
114119); or
Has fewer than--
[cir] 750 employees in the case of fish processors
[cir] 100 employees in the case of fish dealers.
This rule affects commercial and recreational fish harvesting
entities engaged in fisheries throughout New England that utilize
bottom-trawls (large and small mesh), longlines, rod and reel,
gillnets, pots and traps, scallop dredges, and hydraulic clam dredges.
The gears primarily affected by this action are two non-mutually
exclusive fishing operations: Fishermen using gears capable of catching
groundfish and fishermen using mobile bottom-tending gears.
Individually permitted vessels may hold permits for several fisheries,
harvesting species of fish that are regulated by several different
FMPs. Furthermore, multiple-permitted vessels and/or permits may be
owned by entities affiliated by stock ownership, common management,
identity of interest, contractual relationships, or economic
dependency. For the purposes of the Regulatory Flexibility Act (RFA)
analysis, the ownership entities, not the individual vessels, are
considered the regulated entities.
Ownership entities are defined as those entities with common
ownership personnel as listed on the permit application. Only permits
with identical ownership personnel are categorized as an ownership
entity. For example, if five permits have the same seven persons listed
as co-owners on their permit application, those seven persons would
form one ownership entity that holds those five permits. If two of
those seven owners also co-own additional vessels, these two persons
would be considered a separate ownership entity.
On June 1 of each year, NMFS identifies ownership entities based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset used for this analysis was created based on
calendar year 2014 and contains average gross sales associated with
those permits for calendar years 2012 through 2014.
In addition to classifying a business (ownership entity) as small
or large, a business can also be classified by its primary source of
revenue. A business is defined as being primarily engaged in fishing
for finfish if it obtains greater than 50 percent of its gross sales
from sales of finfish. Similarly, a business is defined as being
primarily engaged in fishing for shellfish if it obtains greater than
50 percent of its gross sales from sales of shellfish.
A description of the specific permits that are likely to be
affected by this action is provided below, along with a discussion of
the impacted businesses, which can include multiple vessels and/or
permit types.
NMFS issued a final rule establishing a small business size
standard of $11 million in annual gross receipts for all businesses
primarily engaged in the commercial fishing industry (NAICS 11411) for
RFA compliance purposes only (80 FR 81194; December 29, 2015). The $11
million standard became effective on July 1, 2016, and is intended to
be used in place of the SBA's current standards of $20.5 million, $5.5
million, and $7.5 million for the finfish (NAICS 114111), shellfish
(NAICS 114112), and other marine fishing (NAICS 114119) sectors,
respectively, of the U.S. commercial fishing industry.
The Council took final action on OHA2 in June 2015, and the
analyses in support of this action were developed throughout the
decision process and following the Council's action, but prior to July
1, 2016. This analysis was not updated to reflect a small business re-
classification for all of the vessels affected by this amendment using
our new size-standards because we have determined that this analysis
provides a sufficient estimate of the number of small entities to which
the proposed rule applies for purposes of determining this action's
impacts on small entities and the considerations required under the
RFA. For the fisheries directly affected by this rule, RFA analyses
have been completed on other actions since the implementation of the
revised size standard. As described in the IRFA, data showed a change
in the total number of entities from the last fishery
[[Page 15259]]
management action analyzed under the SBA size standards and the first
fishery management action analyzed under the revised NMFS policy
standard. However, in terms of percentage of each of the major affected
fisheries, the size standard change results in minimal changes in
categories. As a result, the revised size standard does not change the
conclusions of the analysis or notably change the estimation of the
impact on small entities from this action. As such, it is reasonable to
rely upon the Council's economic analyses. No comments or concerns were
received specific to this analysis or about the change in size
classifications.
Regulated Commercial Fish Harvesting Entities
Table 2 describes revenue by business type (large or small) and
Table 3 describes the total number of commercial business entities
potentially regulated by the action. As of the time of the Council's
decisionmaking (2015), there were 4,071 small businesses (925 finfish,
2,713 shellfish, 433 for-hire) and 18 large businesses (all shellfish)
potentially affected by this action. For fisheries utilizing mobile
bottom-tending gear, the approved action directly regulates affected
entities through restrictions on when and where vessels may fish to
comply with the Magnuson-Stevens Act requirement to minimize to the
extent practicable the adverse effects of fishing on essential fish
habitat. For fisheries that use gears capable of catching groundfish,
this final rule additionally restricts location and timing of fishing
to minimize impacts on spawning groundfish. According to the EIS,
individuals fishing with mobile bottom-tending gear and midwater trawls
tend to generate a substantial portion of their revenue from other gear
types. The vast majority of individuals either fishing with mobile
bottom-tending gear capable of catching groundfish or for-hire do not
deviate from that mode, which could relate to the specialized nature of
either the vessels or the captains' skills needed for these types of
fishing.
Table 2--Business Revenue by Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Business Shellfish Finfish For-hire
Year NAICS classification Business type revenue revenue revenue revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012................................. Finfish................. Small.................. $217,560,996 $33,546,543 $183,380,312 $634,141
2012................................. For-hire................ Small.................. 56,153,981 331,674 611,532 55,210,775
2012................................. Shellfish............... Large.................. 265,665,371 242,801,113 22,860,746 3,512
2012................................. Shellfish............... Small.................. 710,485,816 679,195,607 30,897,738 392,471
2013................................. Finfish................. Small.................. 191,870,635 25,008,297 166,326,851 535,487
2013................................. For-hire................ Small.................. 55,556,751 125,755 588,984 54,842,012
2013................................. Shellfish............... Large.................. 228,892,465 208,244,173 20,642,659 5,633
2013................................. Shellfish............... Small.................. 690,608,565 663,848,959 26,381,386 378,220
2014................................. Finfish................. Small.................. 209,370,022 23,888,931 185,335,274 145,817
2014................................. For-hire................ Small.................. 57,843,562 15,735 412,061 57,415,766
2014................................. Shellfish............... Large.................. 223,065,022 202,580,548 20,484,474 ..............
2014................................. Shellfish............... Small.................. 741,518,137 717,031,087 24,316,466 170,584
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Number of Businesses and Revenue Generated by Small and Large Businesses, by Commercial Gear
Classification
[MBTG = Mobile bottom-tending gear, Groundfish = gear capable of catching groundfish, Both = Both MBTG and
Groundfish designation, Midwater = Midwater trawls, Clam = clam dredge. Note some data not presented for privacy
concerns.]
----------------------------------------------------------------------------------------------------------------
Number of
Year Gear type Business type businesses VTR revenue
----------------------------------------------------------------------------------------------------------------
2012.............................. Both................. Large................ 17 $231,658,238
2012.............................. Both................. Small................ 574 580,827,338
2013.............................. Both................. Large................ 17 185,435,086
2013.............................. Both................. Small................ 539 445,971,382
2014.............................. Both................. Large................ 17 173,348,111
2014.............................. Both................. Small................ 528 396,470,511
2012.............................. Clam................. Large................ 5 31,160,893
2012.............................. Clam................. Small................ 42 27,738,596
2013.............................. Clam................. Large................ 4 30,008,134
2013.............................. Clam................. Small................ 47 27,874,110
2014.............................. Clam................. Large................ 2 ..............
2014.............................. Clam................. Small................ 41 26,867,813
2012.............................. Groundfish........... Large................ 2 ..............
2012.............................. Groundfish........... Small................ 668 74,103,358
2013.............................. Groundfish........... Large................ 2 ..............
2013.............................. Groundfish........... Small................ 605 47,920,414
2014.............................. Groundfish........... Large................ 1 ..............
2014.............................. Groundfish........... Small................ 592 48,959,328
2012.............................. MBTG................. Large................ 3 1,072,716
2012.............................. MBTG................. Small................ 125 6,120,800
2013.............................. MBTG................. Large................ 3 1,375,902
2013.............................. MBTG................. Small................ 87 2,940,183
2014.............................. MBTG................. Large................ 3 1,216,387
2014.............................. MBTG................. Small................ 26 2,857,405
2012.............................. Midwater............. Large................ 3 9,289,884
2012.............................. Midwater............. Small................ 14 22,865,976
2013.............................. Midwater............. Large................ 3 5,535,922
[[Page 15260]]
2013.............................. Midwater............. Small................ 13 26,214,983
2014.............................. Midwater............. Large................ 3 4,909,077
2014.............................. Midwater............. Small................ 14 25,058,119
2012.............................. Other................ Large................ 2 ..............
2012.............................. Other................ Small................ 566 79,087,347
2013.............................. Other................ Large................ 4 ..............
2013.............................. Other................ Small................ 539 80,355,177
2014.............................. Other................ Large................ 3 ..............
2014.............................. Other................ Small................ 514 84,446,720
----------------------------------------------------------------------------------------------------------------
Description of the Projected Reporting, Record-keeping, and Other
Compliance Requirements of This Proposed Rule
The action does not contain a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA), and the rule does not
impose any other reporting or record-keeping requirements. This final
rule requires compliance only with standard fishing-related issues,
including compliance with gear restricted fishing areas or seasons.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The economic impacts of each type of habitat management measure are
discussed in more detail in Volumes 3, 4, and 5 of the EIS. Because the
primary objective of the Amendment is to comply with the Magnuson-
Stevens Act requirement to minimize to the extent practicable the
adverse effects of fishing on EFH, a variety of combinations of areas
could have achieved those goals. The EFH and HAPC designations are
primarily administrative in nature and are not expected to result in
any direct economic impacts to the fisheries; although, indirect
positive affects to stocks are expected.
In general, the overall approved changes are relatively modest,
particularly when compared to other alternatives considered. The
majority of areas approved are already closed to fishing. The current
open areas that will close include the Eastern Maine HMA and the Great
South Channel HMA. As described above, there is currently very little
mobile bottom-tending gear fishing in the Eastern Maine HMA because
groundfish stocks have decreased locally in that region. The Great
South Channel HMA was designed to minimize impact to the scallop
fishery, particularly the design of the eastern boundary. Scallops
occur primarily at depths beyond the closure boundary. There is not a
significant amount of trawl fishing in that area because of the high
level of natural disturbance. The hydraulic clam fishery will be
allowed to continue to operate in this HMA for 1 year, while the
Council develops more discrete exemption areas. It is expected that the
subsequent action will attempt to balance the economic needs of the
clam fishery with the objectives of OHA2 and the EFH protections
required by the Magnuson-Stevens Act.
The approved measures that will increase fishing opportunities
include: (1) Modifying the Western Gulf of Maine Groundfish Closure
Area by aligning the eastern boundary with the Habitat Closure Area;
(2) modifying the Jeffreys Bank Habitat Closure Area and exposing the
deeper, northern portion to potential fishing; (3) eliminating the
Nantucket Lightship Groundfish and Habitat Closure Areas; and (4)
implementing Closed Area I North as a seasonal, versus year-round,
closure area. The partial opening of the areas in the Gulf of Maine are
expected to result in modest increases in groundfish revenue. The
opening of the Nantucket Lightship and Closed Area I Closure Areas are
expected to result in notable increases in scallop fishing. Scallop
Framework Adjustment 29, which is intended to set management measures
for the 2018 and 2019 scallop fishing years, estimates that with access
to these newly opened areas will result in an additional $140-160
million to the scallop fishery beyond what the status quo measures
would have generated.
Habitat Management Measure Alternatives
In the Eastern Gulf of Maine, this action establishes the Small
Eastern Maine Habitat Management Area (HMA), closed to all mobile
bottom-tending gears. (Note, the regulations refer to this area as
simply the ``Eastern Maine HMA.'') Other alternatives considered would
have continued with no habitat management in this sub-region or
implemented one or more additional areas. The Toothaker Ridge HMA, the
Large Eastern Maine HMA, the Machias HMA, and the Small Eastern Maine
were assembled into two alternatives. The EIS concluded, and NMFS
agreed, that the Small Eastern Maine HMA achieves a notable level of
protection for vulnerable habitat without significant economic impacts.
In the Central Gulf of Maine, this action maintains the existing
Cashes Ledge Groundfish Closure Area, modifies the existing Jeffreys
Bank and Cashes Ledge Habitat Closure Areas, with their current fishing
restrictions and exemptions, establishes the Fippennies Ledge HMA,
closed to mobile bottom-tending gears, and the Ammen Rock HMA, closed
to all fishing except lobster traps. Other alternatives considered
would have various combinations of eight total areas. In addition to
the areas recommended as preferred, the Council considered habitat
management in the existing Jeffreys Bank and Cashes Ledge habitat
closure areas, two areas on Platts Bank and a small area on the top of
Fippennies Ledge. The Council did not recommend the areas on Platts
Bank because of the concern regarding the displacement of current
fishing and the economic impact to a sub-set of the fleet. The final
approved measures provide the best habitat protection without
significant economic impacts.
In the Western Gulf of Maine, this action maintains the existing
Western Gulf of Maine Habitat Closure Area, closed to mobile bottom-
tending gears, and modifies the eastern boundary of the Western Gulf of
Maine [Groundfish]
[[Page 15261]]
Closure Area to align with the Habitat Closure Area, while maintaining
the current fishing restrictions and requirements. An exemption area
within the northwest corner of those closures for shrimp trawls is also
established and the existing Roller Gear Restricted Area requirements
is designated as a habitat protection measure. Other alternatives would
have established a large (Council's Alternatives 3 and 4 in Volume 3 of
the EIS) or small (Alternative 5) version of a closure area along the
state waters boundaries of New Hampshire and Maine covering Bigelow
Bight, which was deemed by the Council to have overly severe economic
impacts. Still other options included consideration of breaking up the
existing Western Gulf of Maine Habitat Closure Area to focus on the
most vulnerable sections of Jeffreys Ledge and Stellwagen Bank, either
in two smaller combinations (Alternatives 4 and 5) or only a larger
section of the Stellwagen Bank area (Alternatives 3 and 6). Finally,
one option would have implemented the roller gear restriction over only
the footprint of the other proposed habitat management areas
(Alternative 7b).
On Georges Bank, this final action maintains the Closed Area II
groundfish and habitat closure areas, but removes the Closed Area I
groundfish and habitat closures as year-round closures.
Various combinations of 19 areas, including the 5 existing habitat
and groundfish closed areas, were considered for this sub-region. When
combined, these areas covered nearly the entire Bank area from the
Hague Line up to the Great South Channel. Some areas were deemed too
costly from an economic standpoint because of their size or specific
location. These areas included the two alternatives across the majority
of the bank: The Northern Georges mobile bottom-tending gear closure
(Alternative 8) and the Northern Georges gear modification area
(Alternatives 5). Various options of smaller areas on Georges Shoal,
namely the Georges Shoal 1 (Alternative 5), Georges Shoal Gear
Modification Area (Alternative 4), Georges Shoal 2 (Alternative 7), and
Western HMA (Alternative 9), were also considered. Further variations
focused more on the northern edge, included the Northern Edge HMA in
Alternatives 3 and 4; two variations of expanding the existing Closed
Area II habitat closure (Alternatives 6A and 6B); the EFH South HMA as
part of Alternative 7; the Eastern HMA and a Mortality Closure in
Alternative 9. The Council's recommendation (Alternative 10) was
disapproved for the reasons described above. The final approved
measures maintain a long-standing closure, but opens Closed Area I. As
described above, the opening of Closed Area I is expected to result in
significant economic gains for the scallop fishery.
In the Great South Channel, this action establishes the Great South
Channel HMA, closed to mobile bottom-tending gear, except hydraulic
clam dredges for 1 year, outside of the northeast corner of the area.
The Nantucket Lightship Habitat Closure Area and the Nantucket
Lightship Closed Area are removed. Other alternatives were variations
around the approved alternative, some extending farther to the east,
and some extending farther to the west. The Council also recommended an
HMA on Cox Ledge that would have prohibited hydraulic clam dredges and
ground cables on trawl vessels. That recommendation was disapproved for
the reasons described above. The Council also considered a single box
to cover both Cox Ledge areas. The opening of the Nantucket Lightship
Closure Areas is expected to result in significant economic gains for
the scallop fishery in 2018 and 2019.
Groundfish Spawning Measure Alternatives
In the Gulf of Maine, the final rule establishes two new,
relatively small cod spawning protections. They include the Winter
Massachusetts Bay Spawning Closure, which would be in effect from
November 1-January 31 of each year, and a 2-week closure (April 15-
April 30) within statistical area 125. Other alternatives considered
would have reinstated or added to existing rolling closures in the
Western Gulf of Maine.
On Georges Bank, this action establishes the existing Closed Area
II Groundfish Closure Area and the Closed Area I North Habitat Closed
Area as seasonal closures from February 1-April 15, and removes the May
Georges Bank Spawning Closure. The Council considered making all of the
existing Closed Area I groundfish closure area a seasonal spawning
closure, but instead chose just the subset of that area in the northern
portion.
Management alternatives in both regions included all commercial
gears capable of catching groundfish (recreational fishing exempted),
all commercial and recreational gears capable of catching groundfish,
and an exemption for scallop dredges.
Dedicated Habitat Research Area Alternatives
This action establishes two DHRAs. The DHRAs will be effective for
3 years, at which time the Regional Administrator would consult with
the Council as to whether the designation should be retained. The
Council considered three potential DHRAs, with varying management
restrictions within them. The action establishes the Georges Bank DHRA
(footprint is the same as the existing Closed Area I South Habitat
Closure) and the Stellwagen DHRA (footprint within the existing Western
Gulf of Maine Habitat Closure). The Council considered two ``reference
areas'' within the Stellwagen DHRA that would have prohibited all
fishing, including recreational groundfish fishing. No reference area
was recommended and none will be implemented. The Georges Bank DHRA is
closed to all mobile bottom-tending gear. The Stellwagen DHRA is closed
to all mobile bottom-tending gear, sink gillnet gear, and demersal
longline gear.
Framework Adjustments and Monitoring
Through this action, the designation or removal of HMAs and changes
to fishing restrictions within HMAs may be considered in a future
framework adjustment. In addition, this action establishes a review
process to evaluate the performance of habitat and spawning protection
measures. Finally, this action establishes a commitment by the Council
to identify and periodically revise research priorities to improve
habitat and spawning area monitoring. Alternatively, the Council
considered not implementing a new process for habitat and spawning
protection measures review and modification and using the existing ad-
hoc process under its authority currently.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 29, 2018.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
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. Amend Sec. 648.2 as follows:
0
a. Revise the definition of ``Bottom-tending mobile gear;''
0
b. Add a definition for ``Bridles,'' in alphabetical order;
[[Page 15262]]
0
c. Revise the definition of ``Gillnet gear capable of catching
multispecies;''
0
d. Add a definition for ``Ground cables,'' in alphabetical order; and
0
e. Revise the definition of ``Open areas.''
The revisions and additions read as follows:
Sec. 648.2 Definitions.
* * * * *
Bottom-tending mobile gear, 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).
Bridles connect the wings of a bottom trawl to the ground cables.
The ground cables lead to the doors or otter boards. The doors are
attached to the towing vessel via steel cables, referred to as wires or
warps. Each net has two sets of bridles, one on each side.
* * * * *
Gillnet gear capable of catching multispecies means all gillnet
gear except pelagic gillnet gear specified at Sec. 648.81(b)(2)(ii)
and (d)(5)(ii) and pelagic gillnet gear that is designed to fish for
and is used to fish for or catch tunas, swordfish, and sharks.
* * * * *
Ground cables on a bottom trawl run between the bridles, which
attach directly to the wings of the net, and the doors, or otter
boards. The doors are attached to the towing vessel via steel cables,
referred to as wires or warps.
* * * * *
Open areas, with respect to the Atlantic sea scallop fishery, means
any area that is not subject to restrictions of the Sea Scallop
Rotational Areas specified in Sec. Sec. 648.59 and 648.60, the
Northern Gulf of Maine Management Area specified in Sec. 648.62, EFH
Closed Areas specified in Sec. Sec. 648.61 and 648.370, Dedicated
Habitat Research areas specified in Sec. 648.371, or the Frank R.
Lautenberg Deep-Sea Coral Protection Area described in Sec. 648.372.
* * * * *
0
3. Amend Sec. 648.11 by revising paragraph (m)(1) to read as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(m) * * *
(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 North (Sec.
648.81(c)(3)), Closed Area II (Sec. 648.81(a)(5)), Cashes Ledge
Closure Area (Sec. 648.81(a)(3)), and Western GOM Closure Area (Sec.
648.81(a)(4))) 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.
* * * * *
0
4. Amend Sec. 648.14 by:
0
a. Revising paragraph (b)(10);
0
b. Adding paragraphs (b)(11) and (12);
0
c. Revising paragraphs (i)(1)(vi)(A)(1) and (2), (k)(6)(i)(E),
(k)(6)(ii)(A)(5), and (k)(7)(i)(A) through (D);
0
d. Removing and reserving paragraph (k)(7)(i)(E);
0
e. Revising paragraph (k)(7)(i)(F);
0
f. Removing and reserving paragraph (k)(7)(i)(G); and
0
g. Revising paragraphs (k)(7)(ii), (k)(12)(iii)(B), (k)(16)(iii)(B),
and (r)(2)(v) and (vi).
The revisions and addition read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(b) * * *
(10) Fish with bottom-tending gear within the Frank R. Lautenberg
Deep-sea Coral Protection Area described at Sec. 648.372, unless
transiting pursuant to Sec. 648.372(d), fishing lobster trap gear in
accordance with Sec. 697.21 of this chapter, or fishing red crab trap
gear in accordance with Sec. 648.264. Bottom-tending gear includes but
is not limited to bottom-tending otter trawls, bottom-tending beam
trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending
seines, bottom longlines, pots and traps, and sink or anchored gill
nets.
(11) If fishing with bottom-tending mobile gear, fish in, enter, be
on a fishing vessel in, the EFH closure areas described in Sec.
648.371, unless otherwise exempted.
(12) Unless otherwise exempted, fish in the Dedicated Habitat
Research Areas defined in Sec. 648.371.
* * * * *
(i) * * *
(1) * * *
(vi) * * *
(A) * * *
(1) Fish for scallops in, or possess or land scallops from, the EFH
Closed Areas and Habitat Management Areas specified in Sec. Sec.
648.61 and 648.370, respectively.
(2) Transit or enter the EFH Closure Areas or Habitat Management
Areas specified in Sec. Sec. 648.61 and 648.370, respectively, except
as provided by Sec. 648.61(b).
* * * * *
(k) * * *
(6) * * *
(i) * * *
(E) Use, set, haul back, fish with, possess on board a vessel,
unless stowed and not available for immediate 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(b)(2)(ii) and
(d)(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(b)(2)(ii) and (d)(5)(ii), or unless
otherwise authorized in writing by the Regional Administrator.
* * * * *
(ii)
(A)
(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).
* * * * *
(7) * * *
(i) * * *
(A) Groundfish Closure Area restrictions. Enter, be on a fishing
vessel in, or fail to remove gear from the EEZ portion of the areas
described in Sec. 648.81(a)(3), (4), and (5) and (d)(3), except as
provided in Sec. 648.81(a)(2), (d)(2), and (i).
(B) Groundfish Closure Area possession restrictions. Fish for,
harvest, possess, or land regulated species in or from the closed areas
specified in Sec. 648.81(a) through (d) and (n), unless otherwise
specified in Sec. 648.81(c)(2)(iii), (d)(5)(i), (iv), (viii), and
(ix), (i), (b)(2), or as authorized under Sec. 648.85.
(C) Restricted Gear Areas. (1) Fish, or be in the areas described
in Sec. 648.81(f)(3) through (6) on a fishing
[[Page 15263]]
vessel with mobile gear during the time periods specified in Sec.
648.81(f)(1), except as provided in Sec. 648.81(f)(2).
(2) Fish, or be in the areas described in Sec. 648.81(f)(3)
through (5) on a fishing vessel with lobster pot gear during the time
periods specified in Sec. 648.81(f)(1).
(3) Deploy in or fail to remove lobster pot gear from the areas
described in Sec. 648.81(f)(3) through (5), during the time periods
specified in Sec. 648.81(f)(1).
(D) Georges Bank Seasonal Closure Areas. Enter, fail to remove gear
from, or be in the areas described in Sec. 648.81(c) during the time
periods specified, except as provided in Sec. 648.81(c)(2).
(E) [Reserved]
(F) Closed Area II. Enter or be in the area described in Sec.
648.81(a)(5) on a fishing vessel, except as provided in Sec.
648.81(a)(5)(ii).
(G) [Reserved]
(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,
when fishing with bottom-tending mobile gear, fish in, enter, be on a
fishing vessel in, the Habitat Management Areas described in Sec.
648.370.
* * * * *
(12) * * *
(iii) * * *
(B) Enter or fish in Closed Area II as specified in Sec.
648.81(a)(5), unless declared into the area in accordance with Sec.
648.85(b)(3)(v) or (b)(8)(v)(D).
* * * * *
(16) * * *
(iii) * * *
(B) Fail to comply with the requirements specified in Sec.
648.81(d)(5)(v) when fishing in the areas described in Sec.
648.81(b)(3) and (4) and (d) during the time periods specified.
* * * * *
(r) * * *
(2) * * *
(v) Fish with midwater trawl gear in any Northeast Multispecies
Closed Area, as defined in Sec. 648.81(a)(3) through (5) and (c)(3)
and (4), 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 Closed
Areas, as defined at Sec. 648.81(a)(3) through (5) and (c)(3) and (4).
* * * * *
Sec. 648.27 [Removed]
0
5. Remove Sec. 648.27.
0
6. Add Sec. 648.58 to read as follows:
Sec. 648.58 Closed Area II Seasonal Scallop Closure.
From June 15 through October 31 of each year, no fishing vessel may
fish with scallop dredge gear in the portion of Closed Area II, as
specified in Sec. Sec. 648.61(c)(4) and 648.81(c)(4), north of
41[deg]30' N lat.
0
7. In Sec. 648.59, revise paragraph (a) introductory text to read as
follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and
Access Area Program requirements.
(a) The Sea Scallop Rotational Area Management Program consists of
Scallop Rotational Areas, as defined in Sec. 648.2. Guidelines for
this area rotation program (i.e., when to close an area and reopen it
to scallop fishing) are provided in Sec. 648.55(a)(6). Whether a
rotational area is open or closed to scallop fishing in a given year,
and the appropriate level of access by limited access and LAGC IFQ
vessels, are specified through the specifications or framework
adjustment processes defined in Sec. 648.55. When a rotational area is
open to the scallop fishery, it is called an Access Area and scallop
vessels fishing in the area are subject to the Access Area Program
Requirements specified in this section. Areas not defined as Scallop
Rotational Areas specified in Sec. 648.60, EFH Closed Areas specified
in Sec. Sec. 648.61 and 648.370, Dedicated Habitat Research Areas
specified in Sec. 648.371, or areas closed to scallop fishing under
other FMPs, are governed by other management measures and restrictions
in this part and are referred to as Open Areas.
* * * * *
0
8. In Sec. 648.60, revise paragraph (c)(1) to read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
* * * * *
(c) * * *
(1) The Closed Area I Scallop Rotational Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request), 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. 648.61(c)(3), that lies between
points CAIA3 and CAIA4:
----------------------------------------------------------------------------------------------------------------
Point N lat. W long. 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. 648.61(c)(3).
* * * * *
0
9. In Sec. 648.61, revise the section heading and add paragraph (c) to
read as follows:
Sec. 648.61 EFH and Groundfish Closed Areas.
* * * * *
(c) Groundfish Closure Areas. No vessel fishing for scallops, or
person on a vessel fishing for scallops, may enter, fish in, or be in
the Closure Areas described in paragraphs (c)(1) through (5) of this
section, unless otherwise exempted in the scallop access area program,
described in Sec. 648.59. A chart depicting these areas is available
from the Regional Administrator upon request.
(1) Western Gulf of Maine Closure Area. The Western Gulf of Maine
Closure Area is defined by straight lines connecting the following
points in the order stated:
Western Gulf of Maine Closure Area
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
WGM1.......................... 42[deg]15' N 70[deg]15' W
WGM2.......................... 42[deg]15' N 69[deg]55' W
WGM3.......................... 43[deg]15' N 69[deg]55' W
WGM4.......................... 43[deg]15' N 70[deg]15' W
WGM1.......................... 42[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
(2) Cashes Ledge Closure Area. The Cashes Ledge Closure Area is
defined by
[[Page 15264]]
straight lines connecting the following points in the order stated:
Cashes Ledge Closure Area
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
CL1........................... 43[deg]07' N 69[deg]02' W
CL2........................... 42[deg]49.5' N 68[deg]46' W
CL3........................... 42[deg]46.5' N 68[deg]50.5' W
CL4........................... 42[deg]43.5' N 68[deg]58.5' W
CL5........................... 42[deg]42.5' N 69[deg]17.5' W
CL6........................... 42[deg]49.5' N 69[deg]26' W
CL1........................... 43[deg]07' N 69[deg]02' W
------------------------------------------------------------------------
(3) Closed Area I. Closed Area I is defined by straight lines,
unless otherwise noted, connecting the following points in the order
stated:
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'
------------------------------------------------------------------------
(4) Closed Area II. Closed Area II is defined by straight lines
connecting the following points in the order stated:
Closed Area II
----------------------------------------------------------------------------------------------------------------
Point N lat. W long. Note
----------------------------------------------------------------------------------------------------------------
CAII1................................ 41[deg]00' N 67[deg]20' W ...............
CAII2................................ 41[deg]00' N 66[deg]35.8' W ...............
CAII3................................ 41[deg]18.45' N (\1\) (\2\)
CAII4................................ (\3\) 67[deg]20' W (\2\)
CAII5................................ 42[deg]22' N 67[deg]20' W ...............
CAII1................................ 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 CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 67[deg]20' W long. And the U.S.-Canada Maritime Boundary, approximately 42[deg]22.06' N
lat. and 67[deg]20' W long.
(5) Nantucket Lightship Closure Area. The Nantucket Lightship
Closure Area is defined by straight lines connecting the following
points in the order stated:
Nantucket Lightship Closure Area
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
NL1........................... 40[deg]50' N 69[deg]00' W
NL2........................... 40[deg]20' N 69[deg]00' W
NL3........................... 40[deg]20' N 70[deg]20' W
NL4........................... 40[deg]50' N 70[deg]20' W
NL1........................... 40[deg]50' N 69[deg]00' W
------------------------------------------------------------------------
0
10. Amend Sec. 648.80 by:
0
a. Revising paragraphs (a)(9)(i)(A), (a)(11) introductory text,
(a)(11)(i)(C), (a)(12), and the introductory text of paragraphs
(a)(13), (14), (15), (16), (18), and (19);
0
b. Removing paragraph (b)(11)(ii)(D); and
0
c. Revising paragraphs (d)(2) introductory text, (d)(2)(i), (d)(5), and
(g)(6).
The revisions read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(9) * * *
(i) * * *
(A) Unless otherwise prohibited in Sec. 648.81, Sec. 648.370, or
Sec. 648.371, a vessel subject to the minimum mesh size restrictions
specified in paragraph (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 paragraph (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, or 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.
* * * * *
(11) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited
in Sec. 648.81, Sec. 648.370, or Sec. 648.371, 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 lat. W long.
------------------------------------------------------------------------
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) * * *
(C) The exemption does not apply to the Cashes Ledge Closure Area
or the Western GOM Area Closure specified in Sec. 648.81(a)(3) and
(4), respectively.
* * * * *
(12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area.
Unless otherwise prohibited in Sec. 648.81, Sec. 648.370, or Sec.
648.371, 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
[[Page 15265]]
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, Sec. 648.370, or Sec.
648.371, 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.
* * * * *
(14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited
in Sec. 648.81, Sec. 648.370, or Sec. 648.371, 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 section. The area coordinates of the GOM/GB Dogfish and Monkfish
Gillnet Fishery Exemption Area are specified in paragraph (a)(13) of
this section.
* * * * *
(15) Raised Footrope Trawl Exempted Whiting Fishery. Unless
otherwise prohibited in Sec. 648.370 or Sec. 648.371, 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(a)(3) and (4), respectively. 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'
------------------------------------------------------------------------
* * * * *
(16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery.
Unless otherwise prohibited in Sec. 648.370 or Sec. 648.371, 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'
------------------------------------------------------------------------
* * * * *
(18) Great South Channel Scallop Dredge Exemption Area. Unless
otherwise prohibited in Sec. 648.370 or Sec. 648.371, 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 part.
* * * * *
(19) Cape Cod Spiny Dogfish Exemption Areas. Unless otherwise
prohibited in Sec. 648.370 or Sec. 648.371, 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 paragraphs (a)(19)(i) and (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 paragraphs (a)(19)(i) and (ii) of this section,
respectively.
* * * * *
(d) * * *
(2) When fishing under this exemption in the GOM/GB Exemption Area,
as defined in paragraph (a)(17) of this section, the vessel has on
board a letter of authorization issued by the Regional Administrator,
and complies with the following restrictions:
(i) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, or mackerel in areas north of 42[deg]20' N
lat. and in the areas described in Sec. 648.81(c)(3) and (4); and
Atlantic herring, blueback herring, mackerel, or squid in all other
areas south of 42[deg]20' N. lat.; and
* * * * *
(5) To fish for herring under this exemption, a vessel issued an
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited
Access
[[Page 15266]]
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(c)(3), at any point in the
trip; and
* * * * *
(g) * * *
(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(b)(2)(ii) and
(d)(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(b)(2)(ii) and (d)(5)(ii)), must comply with
the applicable provisions of the Atlantic Large Whale Take Reduction
Plan found in Sec. 229.32 of this title.
* * * * *
0
11. Revise Sec. 648.81 to read as follows:
Sec. 648.81 NE multispecies year-round and seasonal closed areas.
(a) Year-round groundfish closed areas. (1) Restrictions. No
fishing vessel or person on a fishing vessel may enter, fish, or be in,
and no fishing gear capable of catching NE multispecies may be used or
on board a vessel in, the, Cashes Ledge, Western Gulf of Maine, or
Closed Area II Closure Areas, unless otherwise allowed by or exempted
under this part. Charts of the areas described in this section are
available from the Regional Administrator upon request.
(2) Exemptions. Unless restricted by the requirements of subpart P
of this part or elsewhere in this part, paragraph (a)(1) of this
section does not apply to a fishing vessel or person on a fishing
vessel when fishing under the following conditions:
(i) Fishing with or using exempted gear as defined under this part,
except for pelagic gillnet gear capable of catching NE multispecies,
unless fishing with a single pelagic gillnet not longer than 300 ft
(91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh
size of 3 inches (7.6 cm), provided that:
(A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
(B) The net is marked with the owner's name and vessel
identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board;
(ii) Fishing in the Midwater Trawl Gear Exempted Fishery as
specified in Sec. 648.80(d);
(iii) Fishing in the Purse Seine Gear Exempted Fishery as specified
in Sec. 648.80(e);
(iv) Fishing under charter/party or recreational regulations
specified in Sec. 648.89, provided that:
(A) A letter of authorization issued by the Regional Administrator
is onboard the vessel, which is valid from the date of enrollment until
the end of the fishing year;
(B) No harvested or possessed fish species managed by the NEFMC or
MAFMC are sold or intended for trade, barter or sale, regardless of
where the fish are caught;
(C) Only rod and reel or handline gear is on board the vessel; and
(D) No NE multispecies DAS are used during the entire period for
which the letter of authorization is valid.
(3) Cashes Ledge Closure Area. The Cashes Ledge Closure Area is
defined by straight lines connecting the following points in the order
stated:
Cashes Ledge Closure Area
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
CL1........................... 43[deg]07' N 69[deg]02' W
CL2........................... 42[deg]49.5' N 68[deg]46' W
CL3........................... 42[deg]46.5' N 68[deg]50.5' W
CL4........................... 42[deg]43.5' N 68[deg]58.5' W
CL5........................... 42[deg]42.5' N 69[deg]17.5' W
CL6........................... 42[deg]49.5' N 69[deg]26' W
CL1........................... 43[deg]07' N 69[deg]02' W
------------------------------------------------------------------------
(4) Western Gulf of Maine Closure Area. The Western Gulf of Maine
Closure Area is defined by straight lines connecting the following
points in the order stated:
Western Gulf of Maine Closure Area
------------------------------------------------------------------------
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'
------------------------------------------------------------------------
(5) Closed Area II Closure Area. (i) The Closed Area II Closure
Area is defined by straight lines, unless otherwise noted, connecting
the following points in the order stated:
Closed Area II Closure Area
----------------------------------------------------------------------------------------------------------------
Point N lat. W long. Note
----------------------------------------------------------------------------------------------------------------
CAII1................................ 41[deg]00' 67[deg]20' ...............
CAII2................................ 41[deg]00' 66[deg]35.8' ...............
CAII3................................ 41[deg]18.45' (\1\) (\2\)
CAII4................................ (\3\) 67[deg]20' (\2\)
CAII5................................ 42[deg]22' 67[deg]20' ...............
CAII1................................ 41[deg]00' 67[deg]20' ...............
----------------------------------------------------------------------------------------------------------------
\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 CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 67[deg]20' W long. And the U.S.-Canada Maritime Boundary, approximately 42[deg]22.06' N
lat. and 67[deg]20' W long.
[[Page 15267]]
(ii) Unless otherwise restricted under the EFH Closure(s) specified
in paragraph (h) of this section, paragraph (a)(5)(i) of this section
does not apply to persons on fishing vessels or fishing vessels--
(A) Fishing with gears as described in paragraph (a)(2) this
section.
(B) Fishing with tuna purse seine gear outside of the portion of
Closed Area II known as the Habitat Area of Particular Concern, as
described in Sec. 648.370(g).
(C) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the
Eastern U.S./Canada Haddock SAP Program as specified in Sec.
648.85(b)(3)(ii) or (b)(8)(ii), respectively.
(D) Transiting the area, provided the vessel's fishing gear is
stowed and not available for immediate use as defined in Sec. 648.2;
and
(1) The operator has determined, and a preponderance of available
evidence indicates, that there is a compelling safety reason; or
(2) 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).
(E) 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.
(b) Gulf of Maine spawning groundfish closures. (1) Restrictions.
Unless allowed in this part, no fishing vessel or person on a fishing
vessel may enter, fish, or be in, and no fishing gear capable of
catching NE multispecies may be used or on board a vessel in, the
spawning closure areas described in paragraphs (b)(3) and (4) of this
section, during the times specified in this section. Charts depicting
the areas defined here are available from the RA upon request.
(2) Exemptions. Paragraph (b)(1) of this section does not apply to
a fishing vessel or person on a fishing vessel:
(i) That has not been issued a NE multispecies permit that is
fishing exclusively in state waters;
(ii) That is fishing with or using exempted gear as defined under
this part, excluding pelagic gillnet gear capable of catching NE
multispecies, except for a vessel fishing with a single pelagic gillnet
not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m)
deep, with a maximum mesh size of 3 inches (7.6 cm), provided:
(A) The net is attached to the vessel and fished in the upper two-
thirds of the water column;
(B) The net is marked with the vessel owner's name and vessel
identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board;
(iii) That is fishing as a charter/party or recreational fishing
vessel, provided that:
(A) With the exception of tuna, fish harvested or possessed by the
vessel are not sold or intended for trade, barter, or sale, regardless
of where the species are caught;
(B) Any gear other than pelagic hook and line gear, as defined in
this part, is properly stowed and not available for immediate use as
defined in Sec. 648.2; and
(C) No regulated species or ocean pout are retained; and
(iv) That is transiting pursuant to paragraph (e) of this section.
(3) GOM Cod Spawning Protection Area. Except as specified in
paragraph (b)(2) of this section, from April through June of each year,
no fishing vessel or person on a fishing vessel may enter, fish, or be
in, and no fishing gear capable of catching NE multispecies may be used
or on board a vessel in, the GOM Cod Spawning Protection Area, as
defined by straight lines connecting the following points in the order
stated:
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'
------------------------------------------------------------------------
(4) Winter Massachusetts Bay Spawning Protection Area. Except as
specified in paragraph (b)(2) of this section, from November 1 through
January 31 of each year, no fishing vessel or person on a fishing
vessel may enter, fish, or be in, and no fishing gear capable of
catching NE multispecies may be used or be on board a vessel in, the
Massachusetts Bay Protection Area, as defined on the west and south by
the outer limit of Massachusetts waters and on the northeast by a
straight line connecting the following points, which fall along the
Massachusetts state waters boundary:
Winter Massachusetts Bay Spawning Protection Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
WSPA1......................... 42[deg] 23.61' 70[deg] 39.21'
WSPA2......................... 42[deg] 07.68' 70[deg] 26.79'
------------------------------------------------------------------------
(5) Spring Massachusetts Bay Spawning Protection Area. (i) From
April 15 through April 30 of each year, no fishing vessel or person on
a fishing vessel may enter, fish, or be in, and no fishing gear capable
of catching NE multispecies may be used or on board a vessel in the
thirty- minute block defined by straight lines, unless otherwise noted,
connecting the following points in the order stated:
Spring Massachusetts Bay Spawning Protection Area
----------------------------------------------------------------------------------------------------------------
Point N latitude W longitude Note
----------------------------------------------------------------------------------------------------------------
SSPA1................................ 42[deg]30' (\1\) ...............
SSPA2................................ 42[deg]30' 70[deg]30' ...............
SSPA3................................ 42[deg]00' 70[deg]30' ...............
SSPA4................................ 42[deg]00' (\2\) (\3\)
SSPA5................................ (\4\) 71[deg]00' (\3\)
SSPA6................................ (\5\) 71[deg]00' (\6\)
SSPA1................................ 42[deg]30' (\1\) (\6\)
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 42[deg]30' N lat. and the coastline at Marblehead, MA.
\2\ The intersection of 42[deg]00' N lat. and the coastline at Kingston, MA.
\3\ From Point SSPA4 to Point SSPA5 following the coastline of Massachusetts.
\4\ The intersection of 71[deg]00' W long. and the coastline at Quincy, MA.
\5\ The intersection of 71[deg]00' W long. and the northernmost coastline at East Boston, Boston, MA.
\6\ From Point SSPA6 back to Point SSPA 1 following the coastline of Massachusetts.
[[Page 15268]]
(ii) Unless otherwise restricted in this part, the Spring
Massachusetts Bay Spawning Protection Area closure does not apply to a
fishing vessel or person on a fishing vessel that meets the criteria in
paragraphs (d)(5)(ii) through (vi) and (x) of this section (listed
under the exemptions for the GOM Cod Protection Closures). This
includes recreational vessels meeting the criteria specified in
paragraphs (d)(5)(v)(A) through (D) of this section.
(c) Georges Bank Spawning Groundfish Closures. (1) Restrictions.
Unless otherwise allowed in this part, no fishing vessel or person on a
fishing vessel may enter, fish, or be in, and no fishing gear capable
of catching NE multispecies may be used on board a vessel in the
spawning closure areas described in paragraphs (b)(3) and (4) of this
section, and during the times specified in this section. Charts
depicting the areas defined here are available from the RA upon
request.
(2) Exemptions. Paragraph (c)(1) of this section does not apply to
a fishing vessel or person on a fishing vessel:
(i) That is fishing with or using exempted gear as defined under
this part, excluding pelagic gillnet gear capable of catching NE
multispecies, except for vessels fishing with a single pelagic gillnet
not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m)
deep, with a maximum mesh size of 3 inches (7.6 cm), provided:
(A) The net is attached to the vessel and fished in the upper two-
thirds of the water column;
(B) The net is marked with the vessel owner's name and vessel
identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board.
(ii) That is fishing for scallops consistent with the requirements
of the scallop fishery management plan, including rotational access
program requirements specified in Sec. 648.59.
(iii) That is fishing in the mid-water trawl exempted fishery.
(iv) That is transiting pursuant to the requirements described in
Sec. 648.2.
(3) Closed Area I North. Except as specified in paragraph (c)(2) of
this section, from February 1 through April 15 of each year, no fishing
vessel or person on a fishing vessel may enter, fish, or be in; and no
fishing gear capable of catching NE multispecies may be used or on
board a vessel in, Closed Area I North, as defined by straight lines
connecting the following points in the order stated:
Closed Area I--North
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
CIN1.......................... 41[deg]30' 69[deg]23'
CIN2.......................... 41[deg]30' 68[deg]30'
CIN3.......................... 41[deg]26' 68[deg]30'
CIN4.......................... 41[deg]04' 69[deg]01'
CIN1.......................... 41[deg]30' 69[deg]23'
------------------------------------------------------------------------
(4) Closed Area II. Except as specified in paragraph (c)(2) of this
section, from February 1 through April 15 of each year, no fishing
vessel or person on a fishing vessel may enter, fish, or be in, and no
fishing gear capable of catching NE multispecies may be used or on
board a vessel in, Closed Area II, as defined by straight lines, unless
otherwise noted, connecting the following points in the order stated:
Closed Area II
----------------------------------------------------------------------------------------------------------------
Point N lat. W long. Note
----------------------------------------------------------------------------------------------------------------
CAII1................................ 41[deg]00' 67[deg]20' ...............
CAII2................................ 41[deg]00' 66[deg]35.8' ...............
CAII3................................ 41[deg]18.45 (\1\) (\2\)
CAII4................................ (\3\) 67[deg]20' (\2\)
CAII5................................ 42[deg]22' 67[deg]20' ...............
CAII1................................ 41[deg]00' 67[deg]20' ...............
----------------------------------------------------------------------------------------------------------------
\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 CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 67[deg]20' W long. and the U.S.-Canada Maritime Boundary, approximately 42[deg]22.06' N
lat. and 67[deg]20' W long.
(d) GOM Cod Protection Closures. (1) Restrictions. Unless otherwise
allowed in this part, no fishing vessel or person on a fishing vessel
may enter, fish, or be in, and no fishing gear capable of catching NE
multispecies may be used or on board a vessel in, GOM Cod Protection
Closures I through V as described, and during the times specified, in
paragraphs (d)(4)(i) through (v) of this section.
(2) Review of closure. 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).
(3) Seasons. (i) GOM Cod Protection Closure I is in effect from May
1 through May 31.
(ii) GOM Cod Protection Closure II is in effect from June 1 through
June 30.
(iii) GOM Cod Protection Closure III is in effect from November 1
through January 31.
(iv) GOM Cod Protection Closure IV is in effect from October 1
through October 31.
(v) GOM Cod Protection Closure V is in effect from March 1 through
March 31.
(4) GOM Cod Protection Closure Areas. Charts depicting these areas
are available from the Regional Administrator upon request.
(i) GOM Cod Protection Closure I. GOM Cod Protection Closure I is
the area bounded by the following coordinates connected in the order
stated by straight lines, unless otherwise noted:
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
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. GOM Cod Protection Closure II
is the area bounded by the following coordinates connected in the order
[[Page 15269]]
stated by straight lines, unless otherwise noted:
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. GOM Cod Protection Closure
III is the area bounded by the following coordinates connected in the
order stated by straight lines, unless otherwise noted:
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. GOM Cod Protection Closure IV
is the area bounded by the following coordinates connected in the order
stated by straight lines, unless otherwise noted:
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. GOM Cod Protection Closure V 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) Exemptions. The GOM cod protection closures specified in this
section do not apply to a fishing vessel or person on board a fishing
vessel under any of the following conditions:
(i) No multispecies permit has been issued and the vessel is
fishing exclusively in state waters;
(ii) Fishing with or using exempted gear as defined under this
part, except for pelagic gillnet gear capable of catching NE
multispecies, unless fishing with a single pelagic gillnet not longer
than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a
maximum mesh size of 3 inches (7.6 cm), provided that:
(A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
(B) The net is marked with the owner's name and vessel
identification number;
(C) No regulated species are retained; and
(D) No other gear capable of catching NE multispecies is on board;
(iii) Fishing in the Midwater Trawl Gear Exempted Fishery as
specified in Sec. 648.80(d);
(iv) Fishing in the Purse Seine Gear Exempted Fishery as specified
in Sec. 648.80(e);
(v) Fishing under charter/party or recreational regulations
specified in Sec. 648.89, provided that:
(A) A vessel fishing under charter/party regulations in a GOM cod
protection closure described under paragraph (f)(4) of this section,
has on board a letter of authorization issued by the Regional
Administrator that is valid from the date of enrollment through the
duration of the closure or 3 months duration, whichever is greater;
(B) No harvested or possessed fish species managed by the NEFMC or
MAFMC are sold or intended for trade, barter or sale, regardless of
where the fish are caught;
(C) Only rod and reel or handline gear is on board; and
(D) No NE multispecies DAS are used during the entire period for
which the letter of authorization is valid;
(vi) Fishing with scallop dredge gear under a scallop DAS or when
lawfully fishing in the Scallop Dredge Fishery Exemption Area as
described in 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;
(vii) 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) Fishing on a sector trip, as defined in this part, and in
the GOM Cod Protection Closures IV or V, as specified in paragraphs
(f)(4)(iv) and (v) of this section; or
(ix) Fishing under the provisions of a Northeast multispecies
Handgear A permit, as specified at 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.
(x) Transiting the area, provided it complies with the requirements
specified in paragraph (e) of this section.
(e) Transiting. (1) Unless otherwise restricted or specified in
this paragraph (e), a vessel may transit the Cashes Ledge Closed Area,
the Western GOM Closure Area, the GOM Cod Protection Closures, and the
GOM Cod Spawning Protection Area, as defined in paragraphs (a)(3) and
(4), (d)(4), and (b)(3), of this section, respectively, provided that
its gear is stowed and not available for immediate use as defined in
Sec. 648.2.
(2) 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 (b)(3) of
this section, provided all bait and hooks are removed from fishing
rods, and any regulated species on board have been caught outside the
GOM Cod Spawning
[[Page 15270]]
Protection Area and has been gutted and stored.
(f) Restricted Gear Areas--(1) Restricted Gear Area Seasons. No
fishing vessel with mobile gear on board, or person on a fishing vessel
with mobile gear on board, may fish or be in the specified Restricted
Gear Areas, unless transiting, during the seasons below. No fishing
vessel with lobster pot gear on board, or person on a fishing vessel
with lobster pot gear on board, may fish in, and no lobster pot gear
may be deployed or remain in the specified Restricted Gear Areas.
Vessels with lobster pot gear on board may transit during the seasons
listed in the table in this paragraph (f)(1).
----------------------------------------------------------------------------------------------------------------
Mobile gear Lobster pot gear
----------------------------------------------------------------------------------------------------------------
Restricted Gear Area I............... October 1-June 15............ June 16-September 30.
Restricted Gear Area II.............. November 27-June 15.......... June 16-November 26.
Restricted Gear Area III............. June 16-November 26.......... January 1-April 30.
Restricted Gear Area IV.............. June 16-September 30......... n/a.
----------------------------------------------------------------------------------------------------------------
(2) Transiting. Vessels with mobile gear 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.
(3) Restricted Gear Area I. Restricted Gear Area I is defined by
the following points connected in the order listed by straight lines
(points followed by an asterisk are shared with an adjacent Restricted
Gear Area):
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
AB................................... 40[deg]02.45' N 70[deg]14.10' W (*)
AC................................... 40[deg]05.20' N 70[deg]10.90' W (*)
AD................................... 40[deg]03.75' N 70[deg]10.15' W (*)
AE................................... 40[deg]00.70' N 70[deg]08.70' W (*)
AF................................... 39[deg]59.20' N 70[deg]04.90' W (*)
AG................................... 39[deg]58.25' N 70[deg]03.00' W (*)
AH................................... 39[deg]56.90' N 69[deg]57.45' W (*)
AI................................... 39[deg]57.40' N 69[deg]55.90' W (*)
AJ................................... 39[deg]57.55' N 69[deg]54.05' W (*)
AK................................... 39[deg]56.70' N 69[deg]53.60' W (*)
AL................................... 39[deg]55.75' N 69[deg]41.40' W (*)
AM................................... 39[deg]56.20' N 69[deg]40.20' W (*)
AN................................... 39[deg]58.80' N 69[deg]38.45' W (*)
AO................................... 39[deg]59.15' N 69[deg]37.30' W (*)
AP................................... 40[deg]00.90' N 69[deg]37.30' W (*)
AQ................................... 40[deg]00.65' N 69[deg]36.50' W (*)
AR................................... 39[deg]57.85' N 69[deg]35.15' W (*)
AS................................... 39[deg]56.80' N 69[deg]34.10' W (*)
AT................................... 39[deg]56.50' N 69[deg]26.35' W (*)
AU................................... 39[deg]56.75' N 69[deg]24.40' W (*)
AV................................... 39[deg]57.80' N 69[deg]20.35' W (*)
AW................................... 40[deg]00.05' N 69[deg]14.60' W (*)
AX................................... 40[deg]02.65' N 69[deg]11.15' W (*)
AY................................... 40[deg]02.00' N 69[deg]08.35' W (*)
AZ................................... 40[deg]02.65' N 69[deg]05.60' W (*)
BA................................... 40[deg]04.10' N 69[deg]03.90' W (*)
BB................................... 40[deg]05.65' N 69[deg]03.55' W (*)
BC................................... 40[deg]08.45' N 69[deg]03.60' W (*)
BD................................... 40[deg]09.75' N 69[deg]04.15' W (*)
BE................................... 40[deg]10.25' N 69[deg]04.40' W (*)
BF................................... 40[deg]11.60' N 69[deg]05.40' W (*)
BG................................... 40[deg]11.00' N 69[deg]03.80' W (*)
BH................................... 40[deg]08.90' N 69[deg]01.75' W (*)
BI................................... 40[deg]05.30' N 69[deg]01.10' W (*)
BJ................................... 40[deg]05.20' N 69[deg]00.50' W (*)
BK................................... 40[deg]04.35' N 69[deg]00.50' W (*)
BL................................... 40[deg]03.65' N 69[deg]00.00' W (*)
BM................................... 40[deg]03.60' N 68[deg]57.20' W (*)
BN................................... 40[deg]05.70' N 68[deg]52.40' W (*)
BO................................... 40[deg]08.10' N 68[deg]51.00' W (*)
BP................................... 40[deg]08.70' N 68[deg]49.60' W (*)
BQ................................... 40[deg]06.90' N 68[deg]46.50' W (*)
BR................................... 40[deg]07.20' N 68[deg]38.40' W (*)
BS................................... 40[deg]07.90' N 68[deg]36.00' W (*)
BT................................... 40[deg]06.40' N 68[deg]35.80' W ...............
BU................................... 40[deg]05.25' N 68[deg]39.30' W ...............
BV................................... 40[deg]05.40' N 68[deg]44.50' W ...............
BW................................... 40[deg]06.00' N 68[deg]46.50' W ...............
BX................................... 40[deg]07.40' N 68[deg]49.60' W ...............
BY................................... 40[deg]05.55' N 68[deg]49.80' W ...............
BZ................................... 40[deg]03.90' N 68[deg]51.70' W ...............
CA................................... 40[deg]02.25' N 68[deg]55.40' W ...............
[[Page 15271]]
CB................................... 40[deg]02.60' N 69[deg]00.00' W ...............
CC................................... 40[deg]02.75' N 69[deg]00.75' W ...............
CD................................... 40[deg]04.20' N 69[deg]01.75' W ...............
CE................................... 40[deg]06.15' N 69[deg]01.95' W ...............
CF................................... 40[deg]07.25' N 69[deg]02.00' W ...............
CG................................... 40[deg]08.50' N 69[deg]02.25' W ...............
CH................................... 40[deg]09.20' N 69[deg]02.95' W ...............
CI................................... 40[deg]09.75' N 69[deg]03.30' W ...............
CJ................................... 40[deg]09.55' N 69[deg]03.85' W ...............
CK................................... 40[deg]08.40' N 69[deg]03.40' W ...............
CL................................... 40[deg]07.20' N 69[deg]03.30' W ...............
CM................................... 40[deg]06.00' N 69[deg]03.10' W ...............
CN................................... 40[deg]05.40' N 69[deg]03.05' W ...............
CO................................... 40[deg]04.80' N 69[deg]03.05' W ...............
CP................................... 40[deg]03.55' N 69[deg]03.55' W ...............
CQ................................... 40[deg]01.90' N 69[deg]03.95' W ...............
CR................................... 40[deg]01.00' N 69[deg]04.40' W ...............
CS................................... 39[deg]59.90' N 69[deg]06.25' W ...............
CT................................... 40[deg]00.60' N 69[deg]10.05' W ...............
CU................................... 39[deg]59.25' N 69[deg]11.15' W ...............
CV................................... 39[deg]57.45' N 69[deg]16.05' W ...............
CW................................... 39[deg]56.10' N 69[deg]20.10' W ...............
CX................................... 39[deg]54.60' N 69[deg]25.65' W ...............
CY................................... 39[deg]54.65' N 69[deg]26.90' W ...............
CZ................................... 39[deg]54.80' N 69[deg]30.95' W ...............
DA................................... 39[deg]54.35' N 69[deg]33.40' W ...............
DB................................... 39[deg]55.00' N 69[deg]34.90' W ...............
DC................................... 39[deg]56.55' N 69[deg]36.00' W ...............
DD................................... 39[deg]57.95' N 69[deg]36.45' W ...............
DE................................... 39[deg]58.75' N 69[deg]36.30' W ...............
DF................................... 39[deg]58.80' N 69[deg]36.95' W ...............
DG................................... 39[deg]57.95' N 69[deg]38.10' W ...............
DH................................... 39[deg]54.50' N 69[deg]38.25' W ...............
DI................................... 39[deg]53.60' N 69[deg]46.50' W ...............
DJ................................... 39[deg]54.70' N 69[deg]50.00' W ...............
DK................................... 39[deg]55.25' N 69[deg]51.40' W ...............
DL................................... 39[deg]55.20' N 69[deg]53.10' W ...............
DM................................... 39[deg]54.85' N 69[deg]53.90' W ...............
DN................................... 39[deg]55.70' N 69[deg]54.90' W ...............
DO................................... 39[deg]56.15' N 69[deg]55.35' W ...............
DP................................... 39[deg]56.05' N 69[deg]56.25' W ...............
DQ................................... 39[deg]55.30' N 69[deg]57.10' W ...............
DR................................... 39[deg]54.80' N 69[deg]58.60' W ...............
DS................................... 39[deg]56.05' N 70[deg]00.65' W ...............
DT................................... 39[deg]55.30' N 70[deg]02.95' W ...............
DU................................... 39[deg]56.90' N 70[deg]11.30' W ...............
DV................................... 39[deg]58.90' N 70[deg]11.50' W ...............
DW................................... 39[deg]59.60' N 70[deg]11.10' W ...............
DX................................... 40[deg]01.35' N 70[deg]11.20' W ...............
DY................................... 40[deg]02.60' N 70[deg]12.00' W ...............
DZ................................... 40[deg]00.40' N 70[deg]12.30' W ...............
EA................................... 39[deg]59.75' N 70[deg]13.05' W ...............
EB................................... 39[deg]59.30' N 70[deg]14.00' W (*)
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
----------------------------------------------------------------------------------------------------------------
(4) Restricted Gear Area II. Restricted Gear Area II is defined by
the following points connected in the order listed by straight lines
(points followed by an asterisk are shared with an adjacent Restricted
Gear Area):
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
AB................................... 40[deg]02.45' N 70[deg]14.10' W (*)
AC................................... 40[deg]05.20' N 70[deg]10.90' W (*)
AD................................... 40[deg]03.75' N 70[deg]10.15' W (*)
AE................................... 40[deg]00.70' N 70[deg]08.70' W (*)
AF................................... 39[deg]59.20' N 70[deg]04.90' W (*)
AG................................... 39[deg]58.25' N 70[deg]03.00' W (*)
AH................................... 39[deg]56.90' N 69[deg]57.45' W (*)
AI................................... 39[deg]57.40' N 69[deg]55.90' W (*)
AJ................................... 39[deg]57.55' N 69[deg]54.05' W (*)
AK................................... 39[deg]56.70' N 69[deg]53.60' W (*)
[[Page 15272]]
AL................................... 39[deg]55.75' N 69[deg]41.40' W (*)
AM................................... 39[deg]56.20' N 69[deg]40.20' W (*)
AN................................... 39[deg]58.80' N 69[deg]38.45' W (*)
AO................................... 39[deg]59.15' N 69[deg]37.30' W (*)
AP................................... 40[deg]00.90' N 69[deg]37.30' W (*)
AQ................................... 40[deg]00.65' N 69[deg]36.50' W (*)
AR................................... 39[deg]57.85' N 69[deg]35.15' W (*)
AS................................... 39[deg]56.80' N 69[deg]34.10' W (*)
AT................................... 39[deg]56.50' N 69[deg]26.35' W (*)
AU................................... 39[deg]56.75' N 69[deg]24.40' W (*)
AV................................... 39[deg]57.80' N 69[deg]20.35' W (*)
AW................................... 40[deg]00.05' N 69[deg]14.60' W (*)
AX................................... 40[deg]02.65' N 69[deg]11.15' W (*)
AY................................... 40[deg]02.00' N 69[deg]08.35' W (*)
AZ................................... 40[deg]02.65' N 69[deg]05.60' W (*)
BA................................... 40[deg]04.10' N 69[deg]03.90' W (*)
BB................................... 40[deg]05.65' N 69[deg]03.55' W (*)
BC................................... 40[deg]08.45' N 69[deg]03.60' W (*)
BD................................... 40[deg]09.75' N 69[deg]04.15' W (*)
BE................................... 40[deg]10.25' N 69[deg]04.40' W (*)
BF................................... 40[deg]11.60' N 69[deg]05.40' W (*)
BG................................... 40[deg]11.00' N 69[deg]03.80' W (*)
BH................................... 40[deg]08.90' N 69[deg]01.75' W (*)
BI................................... 40[deg]05.30' N 69[deg]01.10' W (*)
BJ................................... 40[deg]05.20' N 69[deg]00.50' W (*)
BK................................... 40[deg]04.35' N 69[deg]00.50' W (*)
BL................................... 40[deg]03.65' N 69[deg]00.00' W (*)
BM................................... 40[deg]03.60' N 68[deg]57.20' W (*)
BN................................... 40[deg]05.70' N 68[deg]52.40' W (*)
BO................................... 40[deg]08.10' N 68[deg]51.00' W (*)
BP................................... 40[deg]08.70' N 68[deg]49.60' W (*)
BQ................................... 40[deg]06.90' N 68[deg]46.50' W (*)
BR................................... 40[deg]07.20' N 68[deg]38.40' W (*)
BS................................... 40[deg]07.90' N 68[deg]36.00' W (*)
BT................................... 40[deg]06.40' N 68[deg]35.80' W ...............
BU................................... 40[deg]05.25' N 68[deg]39.30' W ...............
BV................................... 40[deg]05.40' N 68[deg]44.50' W ...............
BW................................... 40[deg]06.00' N 68[deg]46.50' W ...............
BX................................... 40[deg]07.40' N 68[deg]49.60' W ...............
BY................................... 40[deg]05.55' N 68[deg]49.80' W ...............
BZ................................... 40[deg]03.90' N 68[deg]51.70' W ...............
CA................................... 40[deg]02.25' N 68[deg]55.40' W ...............
CB................................... 40[deg]02.60' N 69[deg]00.00' W ...............
CC................................... 40[deg]02.75' N 69[deg]00.75' W ...............
CD................................... 40[deg]04.20' N 69[deg]01.75' W ...............
CE................................... 40[deg]06.15' N 69[deg]01.95' W ...............
CF................................... 40[deg]07.25' N 69[deg]02.00' W ...............
CG................................... 40[deg]08.50' N 69[deg]02.25' W ...............
CH................................... 40[deg]09.20' N 69[deg]02.95' W ...............
CI................................... 40[deg]09.75' N 69[deg]03.30' W ...............
CJ................................... 40[deg]09.55' N 69[deg]03.85' W ...............
CK................................... 40[deg]08.40' N 69[deg]03.40' W ...............
CL................................... 40[deg]07.20' N 69[deg]03.30' W ...............
CM................................... 40[deg]06.00' N 69[deg]03.10' W ...............
CN................................... 40[deg]05.40' N 69[deg]03.05' W ...............
CO................................... 40[deg]04.80' N 69[deg]03.05' W ...............
CP................................... 40[deg]03.55' N 69[deg]03.55' W ...............
CQ................................... 40[deg]01.90' N 69[deg]03.95' W ...............
CR................................... 40[deg]01.00' N 69[deg]04.40' W ...............
CS................................... 39[deg]59.90' N 69[deg]06.25' W ...............
CT................................... 40[deg]00.60' N 69[deg]10.05' W ...............
CU................................... 39[deg]59.25' N 69[deg]11.15' W ...............
CV................................... 39[deg]57.45' N 69[deg]16.05' W ...............
CW................................... 39[deg]56.10' N 69[deg]20.10' W ...............
CX................................... 39[deg]54.60' N 69[deg]25.65' W ...............
CY................................... 39[deg]54.65' N 69[deg]26.90' W ...............
CZ................................... 39[deg]54.80' N 69[deg]30.95' W ...............
DA................................... 39[deg]54.35' N 69[deg]33.40' W ...............
DB................................... 39[deg]55.00' N 69[deg]34.90' W ...............
DC................................... 39[deg]56.55' N 69[deg]36.00' W ...............
DD................................... 39[deg]57.95' N 69[deg]36.45' W ...............
DE................................... 39[deg]58.75' N 69[deg]36.30' W ...............
DF................................... 39[deg]58.80' N 69[deg]36.95' W ...............
DG................................... 39[deg]57.95' N 69[deg]38.10' W ...............
[[Page 15273]]
DH................................... 39[deg]54.50' N 69[deg]38.25' W ...............
DI................................... 39[deg]53.60' N 69[deg]46.50' W ...............
DJ................................... 39[deg]54.70' N 69[deg]50.00' W ...............
DK................................... 39[deg]55.25' N 69[deg]51.40' W ...............
DL................................... 39[deg]55.20' N 69[deg]53.10' W ...............
DM................................... 39[deg]54.85' N 69[deg]53.90' W ...............
DN................................... 39[deg]55.70' N 69[deg]54.90' W ...............
DO................................... 39[deg]56.15' N 69[deg]55.35' W ...............
DP................................... 39[deg]56.05' N 69[deg]56.25' W ...............
DQ................................... 39[deg]55.30' N 69[deg]57.10' W ...............
DR................................... 39[deg]54.80' N 69[deg]58.60' W ...............
DS................................... 39[deg]56.05' N 70[deg]00.65' W ...............
DT................................... 39[deg]55.30' N 70[deg]02.95' W ...............
DU................................... 39[deg]56.90' N 70[deg]11.30' W ...............
DV................................... 39[deg]58.90' N 70[deg]11.50' W ...............
DW................................... 39[deg]59.60' N 70[deg]11.10' W ...............
DX................................... 40[deg]01.35' N 70[deg]11.20' W ...............
DY................................... 40[deg]02.60' N 70[deg]12.00' W ...............
DZ................................... 40[deg]00.40' N 70[deg]12.30' W ...............
EA................................... 39[deg]59.75' N 70[deg]13.05' W ...............
EB................................... 39[deg]59.30' N 70[deg]14.00' W (*)
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
----------------------------------------------------------------------------------------------------------------
(5) Restricted Gear Area III. Restricted Gear Area III is defined
by the following points connected in the order listed by straight lines
(points followed by an asterisk are shared with an adjacent Restricted
Gear Area):
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
GL................................... 40[deg]00.70' N 70[deg]18.60' W (*)
GK................................... 39[deg]59.80' N 70[deg]21.75' W (*)
GJ................................... 39[deg]59.75' N 70[deg]25.50' W (*)
GI................................... 40[deg]03.85' N 70[deg]28.75' W (*)
GH................................... 40[deg]00.55' N 70[deg]32.10' W (*)
GG................................... 39[deg]59.15' N 70[deg]34.45' W (*)
GF................................... 39[deg]58.90' N 70[deg]38.65' W (*)
GE................................... 40[deg]00.10' N 70[deg]45.10' W (*)
GD................................... 40[deg]00.50' N 70[deg]57.60' W (*)
GC................................... 40[deg]02.00' N 71[deg]01.30' W (*)
GB................................... 39[deg]59.30' N 71[deg]18.40' W (*)
GA................................... 40[deg]00.70' N 71[deg]19.80' W (*)
FZ................................... 39[deg]57.50' N 71[deg]20.60' W (*)
FY................................... 39[deg]53.10' N 71[deg]36.10' W (*)
FX................................... 39[deg]52.60' N 71[deg]40.35' W (*)
FW................................... 39[deg]53.10' N 71[deg]42.70' W (*)
FV................................... 39[deg]46.95' N 71[deg]49.00' W (*)
FU................................... 39[deg]41.15' N 71[deg]57.10' W (*)
FT................................... 39[deg]35.45' N 72[deg]02.00' W (*)
FS................................... 39[deg]32.65' N 72[deg]06.10' W (*)
FR................................... 39[deg]29.75' N 72[deg]09.80' W (*)
GM................................... 39[deg]33.65' N 72[deg]15.00' W ...............
GN................................... 39[deg]47.20' N 72[deg]01.60' W ...............
GO................................... 39[deg]53.75' N 71[deg]52.25' W ...............
GP................................... 39[deg]55.85' N 71[deg]45.00' W ...............
GQ................................... 39[deg]55.60' N 71[deg]41.20' W ...............
GR................................... 39[deg]57.90' N 71[deg]28.70' W ...............
GS................................... 40[deg]10.70' N 71[deg]10.25' W ...............
GT................................... 40[deg]12.75' N 70[deg]55.05' W ...............
GU................................... 40[deg]11.05' N 70[deg]45.80' W ...............
GV................................... 40[deg]06.50' N 70[deg]40.05' W ...............
GW................................... 40[deg]05.60' N 70[deg]17.70' W ...............
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
----------------------------------------------------------------------------------------------------------------
(6) Restricted Gear Area IV. Restricted Gear Area IV is defined by
the following points connected in the order listed by straight lines
(points followed by an asterisk are shared with an adjacent Restricted
Gear Area):
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
[[Page 15274]]
GX................................... 40[deg]07.80' N 70[deg]09.20' W ...............
GY................................... 40[deg]07.60' N 70[deg]04.50' W ...............
GZ................................... 40[deg]02.10' N 69[deg]45.00' W ...............
HA................................... 40[deg]01.30' N 69[deg]45.00' W ...............
HB................................... 40[deg]00.50' N 69[deg]38.80' W ...............
HC................................... 40[deg]01.70' N 69[deg]37.40' W ...............
HD................................... 40[deg]01.70' N 69[deg]35.40' W ...............
HE................................... 40[deg]00.40' N 69[deg]35.20' W ...............
HF................................... 39[deg]57.30' N 69[deg]25.10' W ...............
HG................................... 40[deg]05.50' N 69[deg]09.00' W ...............
HH................................... 40[deg]14.30' N 69[deg]05.80' W ...............
HI................................... 40[deg]14.00' N 69[deg]04.70' W ...............
HJ................................... 40[deg]11.60' N 68[deg]53.00' W ...............
HK................................... 40[deg]13.60' N 68[deg]40.60' W ...............
BS................................... 40[deg]07.90' N 68[deg]36.00' W (*)
BR................................... 40[deg]07.20' N 68[deg]38.40' W (*)
BQ................................... 40[deg]06.90' N 68[deg]46.50' W (*)
BP................................... 40[deg]08.70' N 68[deg]49.60' W (*)
BO................................... 40[deg]08.10' N 68[deg]51.00' W (*)
BN................................... 40[deg]05.70' N 68[deg]52.40' W (*)
BM................................... 40[deg]03.60' N 68[deg]57.20' W (*)
BL................................... 40[deg]03.65' N 69[deg]00.00' W (*)
BK................................... 40[deg]04.35' N 69[deg]00.50' W (*)
BJ................................... 40[deg]05.20' N 69[deg]00.50' W (*)
BI................................... 40[deg]05.30' N 69[deg]01.10' W (*)
BH................................... 40[deg]08.90' N 69[deg]01.75' W (*)
BG................................... 40[deg]11.00' N 69[deg]03.80' W (*)
BF................................... 40[deg]11.60' N 69[deg]05.40' W (*)
BE................................... 40[deg]10.25' N 69[deg]04.40' W (*)
BD................................... 40[deg]09.75' N 69[deg]04.15' W (*)
BC................................... 40[deg]08.45' N 69[deg]03.60' W (*)
BB................................... 40[deg]05.65' N 69[deg]03.55' W (*)
BA................................... 40[deg]04.10' N 69[deg]03.90' W (*)
AZ................................... 40[deg]02.65' N 69[deg]05.60' W (*)
AY................................... 40[deg]02.00' N 69[deg]08.35' W (*)
AX................................... 40[deg]02.65' N 69[deg]11.15' W (*)
AW................................... 40[deg]00.05' N 69[deg]14.60' W (*)
AV................................... 39[deg]57.80' N 69[deg]20.35' W (*)
AU................................... 39[deg]56.75' N 69[deg]24.40' W (*)
AT................................... 39[deg]56.50' N 69[deg]26.35' W (*)
AS................................... 39[deg]56.80' N 69[deg]34.10' W (*)
AR................................... 39[deg]57.85' N 69[deg]35.15' W (*)
AQ................................... 40[deg]00.65' N 69[deg]36.50' W (*)
AP................................... 40[deg]00.90' N 69[deg]37.30' W (*)
AO................................... 39[deg]59.15' N 69[deg]37.30' W (*)
AN................................... 39[deg]58.80' N 69[deg]38.45' W (*)
AM................................... 39[deg]56.20' N 69[deg]40.20' W (*)
AL................................... 39[deg]55.75' N 69[deg]41.40' W (*)
AK................................... 39[deg]56.70' N 69[deg]53.60' W (*)
AJ................................... 39[deg]57.55' N 69[deg]54.05' W (*)
AI................................... 39[deg]57.40' N 69[deg]55.90' W (*)
AH................................... 39[deg]56.90' N 69[deg]57.45' W (*)
AG................................... 39[deg]58.25' N 70[deg]03.00' W (*)
AF................................... 39[deg]59.20' N 70[deg]04.90' W (*)
AE................................... 40[deg]00.70' N 70[deg]08.70' W (*)
AD................................... 40[deg]03.75' N 70[deg]10.15' W (*)
AC................................... 40[deg]05.20' N 70[deg]10.90' W (*)
AB................................... 40[deg]02.45' N 70[deg]14.10' W (*)
AA................................... 40[deg]02.75' N 70[deg]16.10' W (*)
----------------------------------------------------------------------------------------------------------------
0
12. Amend Sec. 648.87 by revising paragraphs (c)(2)(i) introductory
text and (c)(2)(ii)(B) to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(c) * * *
(2) * * *
(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; and 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, VMS requirements for Handgear A
category permitted vessels as specified in Sec. 648.10, and the
reporting requirements associated with a dockside monitoring program
are not considered reporting requirements, and the Regional
[[Page 15275]]
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 Habitat Management Areas as defined in Sec.
648.370; Closed Area I North and Closed Area II, as defined in Sec.
648.81(c)(3) and (4), respectively, during the period February 16
through April 30; and the Western GOM Closure Area, as defined at Sec.
648.81(a)(4), where it overlaps with GOM Cod Protection Closures I
through III, as defined in Sec. 648.81(d)(4). This list may be
modified through a framework adjustment, as specified in Sec. 648.90.
* * * * *
(ii) * * *
(B) The GOM Cod Protection Closures IV and V specified in Sec.
648.81(d)(4)(iv) and (v).
* * * * *
0
13. In Sec. 648.89, revise paragraph (e)(1) and remove and reserve
paragraph (e)(2) to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(e) Charter/party vessel restrictions on fishing in GOM closed
areas--(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(a)(3) and (4) and (d)(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(d)(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(b)(3)
during the time period specified in that paragraph, unless the vessel
complies with the requirements specified at Sec. 648.81(b)(2)(iii).
* * * * *
0
14. In Sec. 648.202, revise paragraph (b)(1) to read as follows:
Sec. 648.202 Season and area restrictions.
* * * * *
(b) Fishing in Northeast Multispecies Closed Areas. (1) No vessel
issued an Atlantic herring permit and fishing with midwater trawl gear,
may fish for, possess or land fish in or from the Closed Areas,
including Cashes Ledge Closure Area, Western GOM Closure Area, Closed
Area I North (February 1-April 15), and Closed Area II, as defined in
Sec. 648.81(a)(3), (4), and (5) and (c)(3) and (4), respectively,
unless it has declared first its intent to fish in the Closed Areas as
required by Sec. 648.11(m)(1), and is carrying onboard a NMFS-
certified observer.
* * * * *
0
15. Revise Sec. 648.203(a) to read as follows:
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), 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.
* * * * *
0
16. Add subpart Q to part 648 to read as follows:
Subpart Q--Habitat-Related Management Measures
Sec.
648.370 Habitat Management Areas.
648.371 Dedicated Habitat Research Areas.
648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area.
Subpart Q--Habitat-Related Management Measures
Sec. 648.370 Habitat Management Areas.
Unless otherwise specified, no fishing vessel or person on a
fishing vessel may fish with bottom-tending mobile gear in the areas
defined in this section. Copies of charts depicting these areas are
available from the Regional Administrator upon request.
(a) Eastern Maine Habitat Management Area. The Eastern Maine HMA is
bounded on the northwest by the outer limit of Maine state waters, and
bounded on all other sides by straight lines connecting the following
points in the order stated:
Eastern Maine HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
EMH1 \1\...................... 44[deg]07.65' N 68[deg]10.64' W
EMH2.......................... 44[deg]02.50' N 68[deg]06.10' W
EMH3.......................... 43[deg]51.00' N 68[deg]33.90' W
EMH4 \1\...................... 43[deg]56.62' N 68[deg]38.12' W
------------------------------------------------------------------------
\1\ Points 1 and 4 are intended to fall along the outer limit of Maine
state waters.
(b) Jeffreys Bank Habitat Management Area. The Jeffreys Bank HMA is
defined by straight lines connecting the following points in the order
stated:
Jeffreys Bank HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
JBH1.......................... 43[deg]31' N 68[deg]37' W
JBH2.......................... 43[deg]20' N 68[deg]37' W
JBH3.......................... 43[deg]20' N 68[deg]55' W
JBH4.......................... 43[deg]31' N 68[deg]55' W
JBH1.......................... 43[deg]31' N 68[deg]37' W
------------------------------------------------------------------------
(c) Cashes Ledge Habitat Management Area. The Cashes Ledge HMA is
defined by straight lines connecting the following points in the order
stated:
Cashes Ledge HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
CLH1.......................... 43[deg]01.0' N 69[deg]00.0' W
CLH2.......................... 43[deg]01.0' N 68[deg]52.0' W
CLH3.......................... 42[deg]45.0' N 68[deg]52.0' W
CLH4.......................... 42[deg]45.0' N 69[deg]00.0' W
CLH1.......................... 43[deg]01.0' N 69[deg]00.0' W
------------------------------------------------------------------------
(d) Fippennies Ledge Habitat Management Area. The Fippennies Ledge
HMA is defined by straight lines connecting the following points in the
order stated:
Fippennies Ledge HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
FLH1.......................... 42[deg]50.0' N 69[deg]17.0' W
FLH2.......................... 42[deg]44.0' N 69[deg]14.0' W
FLH3.......................... 42[deg]44.0' N 69[deg]18.0' W
FLH4.......................... 42[deg]50.0' N 69[deg]21.0' W
FLH1.......................... 42[deg]50.0' N 69[deg]17.0' W
------------------------------------------------------------------------
(e) Ammen Rock Habitat Management Area. (1) The Ammen Rock HMA is
defined by straight lines connecting the following points in the order
stated:
Ammen Rock HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
ARH1.......................... 42[deg]55.5' N 68[deg]57.0' W
ARH2.......................... 42[deg]52.5' N 68[deg]55.0' W
ARH3.......................... 42[deg]52.5' N 68[deg]57.0' W
ARH4.......................... 42[deg]55.5' N 68[deg]59.0' W
ARH1.......................... 42[deg]55.5' N 68[deg]57.0' W
------------------------------------------------------------------------
(2) No fishing vessel, including private and for-hire recreational
fishing vessels, may fish in the Ammen Rock
[[Page 15276]]
HMA, except for vessels fishing exclusively with lobster traps, as
defined in Sec. 697.2.
(f) Western Gulf of Maine Habitat Management Area. (1) Coordinates.
The Western GOM HMA is defined by the straight lines connecting the
following points in the order stated:
Western Gulf of Maine HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
WGMH1......................... 43[deg]15' N 70[deg]15' W
WGMH2......................... 42[deg]15' N 70[deg]15' W
WGMH3......................... 42[deg]15' N 70[deg]00' W
WGMH4......................... 43[deg]15' N 70[deg]15' W
WGMH1......................... 43[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
(2) Western Gulf of Maine Shrimp Exemption Area. Vessels fishing
with shrimp trawls under the Small Mesh Northern Shrimp Fishery
Exemption specified at Sec. 648.80(a)(5) may fish within the Western
Gulf of Maine HMA Shrimp Exemption Area which is defined by the
straight lines connecting the following points in the order stated:
Western Gulf of Maine Shrimp Exemption Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
SEA1.......................... 43[deg]15' N 70[deg] W
SEA2.......................... 43[deg]13' N 70[deg] W
SEA3.......................... 43[deg]13' N 70[deg]05' W
SEA4.......................... 43[deg]09' N 70[deg]05' W
SEA5.......................... 43[deg]09' N 70[deg]08' W
SEA6.......................... 42[deg]55' N 70[deg]08' W
SEA7.......................... 42[deg]55' N 70[deg]15' W
SEA8.......................... 43[deg]15' N 70[deg]15' W
SEA1.......................... 43[deg]15' N 70[deg] W
------------------------------------------------------------------------
(g) Closed Area II Habitat Closure Area. The Closed Area II Habitat
Closure Area is defined by the straight lines, except where otherwise
noted, connecting the following points in the order stated:
Closed Area II Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
Point N latitude W longitude Notes
----------------------------------------------------------------------------------------------------------------
CIIH1................................ 42[deg]10' N 67[deg]20' W ...............
CIIH2................................ 42[deg]10' N 67[deg]9.38' W (\1 2\)
CIIH3................................ 42[deg]00' N 67[deg]0.63' W (\2 3\)
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\ Point CIIH2 represents the intersection of 42[deg]10' N lat. and the U.S.-Canada Maritime Boundary.
\2\ From Point CIIH2 to Point CIIH3 along the U.S.-Canada Maritime Boundary.
\3\ Point CIIH3 represents the intersection of 42[deg]00' N lat. and the U.S.-Canada maritime Boundary.
(h) Great South Channel Habitat Management Area. (1) Coordinates.
The Great South Channel HMA is defined by the straight lines connecting
the following points in the order stated:
Great South Channel HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
GSCH1......................... 41[deg]30.3' N 69[deg]31.0' W
GSCH2......................... 41[deg]0.00' N 69[deg]18.5' W
GSCH3......................... 40[deg]51.7' N 69[deg]18.5' W
GSCH4......................... 40[deg]51.6' N 69[deg]48.9' W
GSCH5......................... 41[deg]30.2' N 69[deg]49.3' W
GSCH1......................... 41[deg]30.3' N 69[deg]31.0' W
------------------------------------------------------------------------
(2) Hydraulic Clam Dredge Exemption. (i) Except for the portion of
the Great South Channel HMA defined in paragraph (h)(2)(iii) of this
section, surfclam and ocean quahog permitted vessels may fish with
hydraulic clam dredges in the Great South Channel HMA.
(ii) The Hydraulic clam dredge exemption is effective until April
9, 2019, after which, no vessels fishing with hydraulic clam dredges
may fish within the Great South Channel HMA.
(iii) The hydraulic clam dredge exemption does not apply in the
area defined as the straight lines connecting the following points in
the order stated:
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
GSC1.......................... 41[deg]30.3' N 69[deg]31.0' W
MBTG2......................... 41[deg]21.0' N 69[deg]27.2' W
MBTG3......................... 41[deg]21.0' N 69[deg]43.0' W
MBTG4......................... 41[deg]30.0' N 69[deg]43.0' W
GSC1.......................... 41[deg]30.3' N 69[deg]31.0' W
------------------------------------------------------------------------
(i) Transiting. Unless otherwise restricted, a vessel may transit
the habitat management areas described in this section provided that
its gear is stowed and not available for immediate use as defined in
Sec. 648.2.
(j) Other habitat protection measures. The Inshore Gulf of Maine/
Georges Bank Restricted Roller Gear Area described in Sec.
648.80(a)(3)(vii) is considered a habitat protection measure and the
restrictions outlined in that section apply to all bottom trawl gear.
(k) Review of habitat management measures. The New England Fishery
Management Council will develop a strategic process to evaluate the
boundaries, scope, characteristics, and timing of habitat and spawning
protection areas to facilitate review of these areas at 10-year
intervals.
Sec. 648.371 Dedicated Habitat Research Areas.
(a) Dedicated Habitat Research Area (DHRA) topics. The areas
defined in this section are intended to facilitate coordinated research
on gear impacts, habitat recovery, natural disturbance, and
productivity.
(b) Stellwagen Dedicated Habitat Research Area. (1) The Stellwagen
DHRA is defined by the straight lines connecting the following points
in the order stated:
Stellwagen DHRA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
SDHRA1........................ 42[deg]15.0' N 70[deg]00.0' W
SDHRA2........................ 42[deg]15.0' N 70[deg]15.0' W
SDHRA3........................ 42[deg]45.2' N 70[deg]15.0' W
SDHRA4........................ 42[deg]46.0' N 70[deg]13.0' W
SDHRA5........................ 42[deg]46.0' N 70[deg]00.0' W
SDHRA1........................ 42[deg]15.0' N 70[deg]00.0' W
------------------------------------------------------------------------
(2) Vessels fishing with bottom-tending mobile gear, sink gillnet
gear, or demersal longline gear are prohibited from fishing in the
Stellwagen DHRA, unless otherwise exempted.
(c) Georges Bank Dedicated Habitat Research Area. (1) The Georges
Bank DHRA is defined by straight lines connecting the following points
in the order stated:
Georges Bank DHRA
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
GBDHRA1....................... 40[deg]54.95' N 68[deg]53.37' W
GBDHRA2....................... 40[deg]58' N 68[deg]30' W
GBDHRA3....................... 40[deg]45' N 68[deg]30' W
[[Page 15277]]
GBDHRA4....................... 40[deg]45' N 68[deg]45' W
------------------------------------------------------------------------
(2) Vessels fishing with bottom-tending mobile gear are prohibited
from fishing in the Georges Bank DHRA, unless otherwise exempted.
(d) Transiting. Unless otherwise restricted or specified in this
paragraph (d), a vessel may transit the Dedicated Habitat Research
Areas of this section provided that its gear is stowed and not
available for immediate use as defined in Sec. 648.2.
(e) Dedicated Habitat Research Areas review. (1) The Regional
Administrator shall initiate a review of the DHRAs defined in this
section three years after implementation.
(2) After initiation of the review and consultation with the New
England Fishery Management Council, the Regional Administrator may
remove a DHRA. The following criteria will be used to determine if DHRA
should be maintained:
(i) Documentation of active and ongoing research in the DHRA area,
in the form of data records, cruise reports or inventory samples with
analytical objectives focused on the DHRA topics, described in
paragraph (a) of this section; and
(ii) Documentation of pending or approved proposals or funding
requests (including ship time requests), with objectives specific to
the DHRA topics, described in paragraph (a) of this section.
(3) The Regional Administrator will make any such determination in
accordance with the APA through notification in the Federal Register.
Sec. 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area.
(a) Restrictions. No vessel may fish with bottom-tending gear
within the Frank R. Lautenberg Deep-Sea Coral Protection Area described
in this section, unless transiting pursuant to paragraph (d) of this
section, fishing lobster trap gear in accordance with Sec. 697.21 of
this chapter, or fishing red crab trap gear in accordance with Sec.
648.264. Bottom-tending gear includes but is not limited to bottom-
tending otter trawls, bottom-tending beam trawls, hydraulic dredges,
non-hydraulic dredges, bottom-tending seines, bottom longlines, pots
and traps, and sink or anchored gillnets. The Frank R. Lautenberg Deep-
Sea Coral Protection Area consists of the Broad and Discrete Deep-Sea
Coral Zones defined in paragraphs (b) and (c) of this section.
(b) Broad Deep-Sea Coral Zone. The Broad Deep-Sea Coral Zone is
bounded on the east by the outer limit of the U.S. Exclusive Economic
Zone, and bounded on all other sides by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An
asterisk (*) in the Discrete Zone column means the point is shared with
a Discrete Deep-Sea Coral Zone, as defined in paragraph (c) of this
section.
Broad Zone
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Discrete zone
----------------------------------------------------------------------------------------------------------------
1.................................... 36[deg]33.02' N 71[deg]29.33' W ...............
2.................................... 36[deg]33.02' N 72[deg]00' W ...............
3.................................... 36[deg]33.02' N 73[deg]00' W ...............
4.................................... 36[deg]33.02' N 74[deg]00' W ...............
5.................................... 36[deg]33.02' N 74[deg]42.14' W ...............
6.................................... 36[deg]34.44' N 74[deg]42.23' W ...............
7.................................... 36[deg]35.53' N 74[deg]41.59' W ...............
8.................................... 36[deg]37.69' N 74[deg]41.51' W ...............
9.................................... 36[deg]42.09' N 74[deg]39.07' W ...............
10................................... 36[deg]45.18' N 74[deg]38' W ...............
11................................... 36[deg]45.69' N 74[deg]38.55' W ...............
12................................... 36[deg]49.17' N 74[deg]38.31' W ...............
13................................... 36[deg]49.56' N 74[deg]37.77' W ...............
14................................... 36[deg]51.21' N 74[deg]37.81' W ...............
15................................... 36[deg]51.78' N 74[deg]37.43' W ...............
16................................... 36[deg]58.51' N 74[deg]36.51' W (*)
17................................... 36[deg]58.62' N 74[deg]36.97' W (*)
18................................... 37[deg]4.43' N 74[deg]41.03' W (*)
19................................... 37[deg]5.83' N 74[deg]45.57' W (*)
20................................... 37[deg]6.97' N 74[deg]40.8' W (*)
21................................... 37[deg]4.52' N 74[deg]37.77' W (*)
22................................... 37[deg]4.02' N 74[deg]33.83' W (*)
23................................... 37[deg]4.52' N 74[deg]33.51' W (*)
24................................... 37[deg]4.4' N 74[deg]33.11' W (*)
25................................... 37[deg]7.38' N 74[deg]31.95' W ...............
26................................... 37[deg]8.32' N 74[deg]32.4' W ...............
27................................... 37[deg]8.51' N 74[deg]31.38' W ...............
28................................... 37[deg]9.44' N 74[deg]31.5' W ...............
29................................... 37[deg]16.83' N 74[deg]28.58' W ...............
30................................... 37[deg]17.81' N 74[deg]27.67' W ...............
31................................... 37[deg]18.72' N 74[deg]28.22' W ...............
32................................... 37[deg]22.74' N 74[deg]26.24' W (*)
33................................... 37[deg]22.87' N 74[deg]26.16' W (*)
34................................... 37[deg]24.44' N 74[deg]28.57' W (*)
35................................... 37[deg]24.67' N 74[deg]29.71' W (*)
36................................... 37[deg]25.93' N 74[deg]30.13' W (*)
37................................... 37[deg]27.25' N 74[deg]30.2' W (*)
38................................... 37[deg]28.6' N 74[deg]30.6' W (*)
39................................... 37[deg]29.43' N 74[deg]30.29' W (*)
40................................... 37[deg]29.53' N 74[deg]29.95' W (*)
41................................... 37[deg]27.68' N 74[deg]28.82' W (*)
[[Page 15278]]
42................................... 37[deg]27.06' N 74[deg]28.76' W (*)
43................................... 37[deg]26.39' N 74[deg]27.76' W (*)
44................................... 37[deg]26.3' N 74[deg]26.87' W (*)
45................................... 37[deg]25.69' N 74[deg]25.63' W (*)
46................................... 37[deg]25.83' N 74[deg]24.22' W (*)
47................................... 37[deg]25.68' N 74[deg]24.03' W (*)
48................................... 37[deg]28.04' N 74[deg]23.17' W ...............
49................................... 37[deg]27.72' N 74[deg]22.34' W ...............
50................................... 37[deg]30.13' N 74[deg]17.77' W ...............
51................................... 37[deg]33.83' N 74[deg]17.47' W ...............
52................................... 37[deg]35.48' N 74[deg]14.84' W ...............
53................................... 37[deg]36.99' N 74[deg]14.01' W ...............
54................................... 37[deg]37.23' N 74[deg]13.02' W ...............
55................................... 37[deg]42.85' N 74[deg]9.97' W ...............
56................................... 37[deg]43.5' N 74[deg]8.79' W ...............
57................................... 37[deg]45.22' N 74[deg]9.2' W ...............
58................................... 37[deg]45.15' N 74[deg]7.24' W (*)
59................................... 37[deg]45.88' N 74[deg]7.44' W (*)
60................................... 37[deg]46.7' N 74[deg]5.98' W (*)
61................................... 37[deg]49.62' N 74[deg]6.03' W (*)
62................................... 37[deg]51.25' N 74[deg]5.48' W (*)
63................................... 37[deg]51.99' N 74[deg]4.51' W (*)
64................................... 37[deg]51.37' N 74[deg]3.3' W (*)
65................................... 37[deg]50.63' N 74[deg]2.69' W (*)
66................................... 37[deg]49.62' N 74[deg]2.28' W (*)
67................................... 37[deg]50.28' N 74[deg]0.67' W (*)
68................................... 37[deg]53.68' N 73[deg]57.41' W (*)
69................................... 37[deg]55.07' N 73[deg]57.27' W (*)
70................................... 38[deg]3.29' N 73[deg]49.1' W (*)
71................................... 38[deg]6.19' N 73[deg]51.59' W (*)
72................................... 38[deg]7.67' N 73[deg]52.19' W (*)
73................................... 38[deg]9.04' N 73[deg]52.39' W (*)
74................................... 38[deg]10.1' N 73[deg]52.32' W (*)
75................................... 38[deg]11.98' N 73[deg]52.65' W (*)
76................................... 38[deg]13.74' N 73[deg]50.73' W (*)
77................................... 38[deg]13.15' N 73[deg]49.77' W (*)
78................................... 38[deg]10.92' N 73[deg]50.37' W (*)
79................................... 38[deg]10.2' N 73[deg]49.63' W (*)
80................................... 38[deg]9.26' N 73[deg]49.68' W (*)
81................................... 38[deg]8.38' N 73[deg]49.51' W (*)
82................................... 38[deg]7.59' N 73[deg]47.91' W (*)
83................................... 38[deg]6.96' N 73[deg]47.25' W (*)
84................................... 38[deg]6.51' N 73[deg]46.99' W (*)
85................................... 38[deg]5.69' N 73[deg]45.56' W (*)
86................................... 38[deg]6.35' N 73[deg]44.8' W (*)
87................................... 38[deg]7.5' N 73[deg]45.2' W (*)
88................................... 38[deg]9.24' N 73[deg]42.61' W (*)
89................................... 38[deg]9.41' N 73[deg]41.63' W ...............
90................................... 38[deg]15.13' N 73[deg]37.58' W ...............
91................................... 38[deg]15.25' N 73[deg]36.2' W (*)
92................................... 38[deg]16.19' N 73[deg]36.91' W (*)
93................................... 38[deg]16.89' N 73[deg]36.66' W (*)
94................................... 38[deg]16.91' N 73[deg]36.35' W (*)
95................................... 38[deg]17.63' N 73[deg]35.35' W (*)
96................................... 38[deg]18.55' N 73[deg]34.44' W (*)
97................................... 38[deg]18.38' N 73[deg]33.4' W (*)
98................................... 38[deg]19.04' N 73[deg]33.02' W (*)
99................................... 38[deg]25.08' N 73[deg]34.99' W (*)
100.................................. 38[deg]26.32' N 73[deg]33.44' W (*)
101.................................. 38[deg]29.72' N 73[deg]30.65' W (*)
102.................................. 38[deg]28.65' N 73[deg]29.37' W (*)
103.................................. 38[deg]25.53' N 73[deg]30.94' W (*)
104.................................. 38[deg]25.26' N 73[deg]29.97' W (*)
105.................................. 38[deg]23.75' N 73[deg]30.16' W (*)
106.................................. 38[deg]23.47' N 73[deg]29.7' W (*)
107.................................. 38[deg]22.76' N 73[deg]29.34' W (*)
108.................................. 38[deg]22.5' N 73[deg]27.63' W (*)
109.................................. 38[deg]21.59' N 73[deg]26.87' W (*)
110.................................. 38[deg]23.07' N 73[deg]24.11' W ...............
111.................................. 38[deg]25.83' N 73[deg]22.39' W ...............
112.................................. 38[deg]25.97' N 73[deg]21.43' W ...............
113.................................. 38[deg]34.14' N 73[deg]11.14' W (*)
[[Page 15279]]
114.................................. 38[deg]35.1' N 73[deg]10.43' W (*)
115.................................. 38[deg]35.94' N 73[deg]11.25' W (*)
116.................................. 38[deg]37.57' N 73[deg]10.49' W (*)
117.................................. 38[deg]37.21' N 73[deg]9.41' W (*)
118.................................. 38[deg]36.72' N 73[deg]8.85' W (*)
119.................................. 38[deg]43' N 73[deg]1.24' W (*)
120.................................. 38[deg]43.66' N 73[deg]0.36' W (*)
121.................................. 38[deg]45' N 73[deg]0.27' W (*)
122.................................. 38[deg]46.68' N 73[deg]1.07' W (*)
123.................................. 38[deg]47.54' N 73[deg]2.24' W (*)
124.................................. 38[deg]47.84' N 73[deg]2.24' W (*)
125.................................. 38[deg]49.03' N 73[deg]1.53' W (*)
126.................................. 38[deg]48.45' N 73[deg]1' W (*)
127.................................. 38[deg]49.15' N 72[deg]58.98' W (*)
128.................................. 38[deg]48.03' N 72[deg]56.7' W (*)
129.................................. 38[deg]49.84' N 72[deg]55.54' W (*)
130.................................. 38[deg]52.4' N 72[deg]52.5' W (*)
131.................................. 38[deg]53.87' N 72[deg]53.36' W (*)
132.................................. 38[deg]54.17' N 72[deg]52.58' W (*)
133.................................. 38[deg]54.7' N 72[deg]50.26' W (*)
134.................................. 38[deg]57.2' N 72[deg]47.74' W (*)
135.................................. 38[deg]58.64' N 72[deg]48.35' W (*)
136.................................. 38[deg]59.3' N 72[deg]47.86' W (*)
137.................................. 38[deg]59.22' N 72[deg]46.69' W (*)
138.................................. 39[deg]0.13' N 72[deg]45.47' W (*)
139.................................. 39[deg]1.69' N 72[deg]45.74' W (*)
140.................................. 39[deg]1.49' N 72[deg]43.67' W (*)
141.................................. 39[deg]3.9' N 72[deg]40.83' W (*)
142.................................. 39[deg]7.35' N 72[deg]41.26' W (*)
143.................................. 39[deg]7.16' N 72[deg]37.21' W (*)
144.................................. 39[deg]6.52' N 72[deg]35.78' W (*)
145.................................. 39[deg]11.73' N 72[deg]25.4' W (*)
146.................................. 39[deg]11.76' N 72[deg]22.33' W ...............
147.................................. 39[deg]19.08' N 72[deg]9.56' W (*)
148.................................. 39[deg]25.17' N 72[deg]13.03' W (*)
149.................................. 39[deg]28.8' N 72[deg]17.39' W (*)
150.................................. 39[deg]30.16' N 72[deg]20.41' W (*)
151.................................. 39[deg]31.38' N 72[deg]23.86' W (*)
152.................................. 39[deg]32.55' N 72[deg]25.07' W (*)
153.................................. 39[deg]34.57' N 72[deg]25.18' W (*)
154.................................. 39[deg]34.53' N 72[deg]24.23' W (*)
155.................................. 39[deg]33.17' N 72[deg]24.1' W (*)
156.................................. 39[deg]32.07' N 72[deg]22.77' W (*)
157.................................. 39[deg]32.17' N 72[deg]22.08' W (*)
158.................................. 39[deg]30.3' N 72[deg]15.71' W (*)
159.................................. 39[deg]29.49' N 72[deg]14.3' W (*)
160.................................. 39[deg]29.44' N 72[deg]13.24' W (*)
161.................................. 39[deg]27.63' N 72[deg]5.87' W (*)
162.................................. 39[deg]28.26' N 72[deg]2.2' W (*)
163.................................. 39[deg]29.88' N 72[deg]3.51' W (*)
164.................................. 39[deg]30.57' N 72[deg]3.47' W (*)
165.................................. 39[deg]31.28' N 72[deg]2.63' W (*)
166.................................. 39[deg]31.46' N 72[deg]1.41' W (*)
167.................................. 39[deg]37.15' N 71[deg]55.85' W (*)
168.................................. 39[deg]39.77' N 71[deg]53.7' W (*)
169.................................. 39[deg]41.5' N 71[deg]51.89' W ...............
170.................................. 39[deg]43.84' N 71[deg]44.85' W (*)
171.................................. 39[deg]48.01' N 71[deg]45.19' W (*)
172.................................. 39[deg]49.97' N 71[deg]39.29' W (*)
173.................................. 39[deg]55.08' N 71[deg]18.62' W (*)
174.................................. 39[deg]55.99' N 71[deg]16.07' W (*)
175.................................. 39[deg]57.04' N 70[deg]50.01' W ...............
176.................................. 39[deg]55.07' N 70[deg]32.42' W ...............
177.................................. 39[deg]50.24' N 70[deg]27.78' W ...............
178.................................. 39[deg]42.18' N 70[deg]20.09' W ...............
179.................................. 39[deg]34.11' N 70[deg]12.42' W ...............
180.................................. 39[deg]26.04' N 70[deg]4.78' W ...............
181.................................. 39[deg]17.96' N 69[deg]57.18' W ...............
182.................................. 39[deg]9.87' N 69[deg]49.6' W ...............
183.................................. 39[deg]1.77' N 69[deg]42.05' W ...............
184.................................. 38[deg]53.66' N 69[deg]34.53' W ...............
185.................................. 38[deg]45.54' N 69[deg]27.03' W ...............
[[Page 15280]]
186.................................. 38[deg]37.42' N 69[deg]19.57' W ...............
187.................................. 38[deg]29.29' N 69[deg]12.13' W ...............
188.................................. 38[deg]21.15' N 69[deg]4.73' W ...............
189.................................. 38[deg]13' N 68[deg]57.35' W ...............
190.................................. 38[deg]4.84' N 68[deg]49.99' W ...............
191.................................. 38[deg]2.21' N 68[deg]47.62' W ...............
----------------------------------------------------------------------------------------------------------------
(c) Discrete Deep-Sea Coral Zones--(1) Block Canyon. Block Canyon
discrete deep-sea coral zone is defined by straight lines connecting
the following points in the order stated (copies of a chart depicting
this area are available from the Regional Administrator upon request).
An asterisk (*) in the Broad Zone column means the point is shared with
the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.
Block Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 39[deg]55.08' N 71[deg]18.62' W (*)
2.................................... 39[deg]55.99' N 71[deg]16.07' W (*)
3.................................... 39[deg]49.51' N 71[deg]12.12' W ...............
4.................................... 39[deg]38.09' N 71[deg]9.5' W ...............
5.................................... 39[deg]37.4' N 71[deg]11.87' W ...............
6.................................... 39[deg]47.26' N 71[deg]17.38' W ...............
7.................................... 39[deg]52.6' N 71[deg]17.51' W ...............
1.................................... 39[deg]55.08' N 71[deg]18.62' W (*)
----------------------------------------------------------------------------------------------------------------
(2) Ryan and McMaster Canyons. Ryan and McMaster Canyons discrete
deep-sea coral zone is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An
asterisk (*) in the Broad Zone column means the point is shared with
the Broad Deep-sea Coral Zone, as defined in paragraph (b) of this
section.
Ryan and McMaster Canyons
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 39[deg]43.84' N 71[deg]44.85' W (*)
2.................................... 39[deg]48.01' N 71[deg]45.19' W (*)
3.................................... 39[deg]49.97' N 71[deg]39.29' W (*)
4.................................... 39[deg]48.29' N 71[deg]37.18' W ...............
5.................................... 39[deg]42.96' N 71[deg]35.01' W ...............
6.................................... 39[deg]33.43' N 71[deg]27.91' W ...............
7.................................... 39[deg]31.75' N 71[deg]30.77' W ...............
8.................................... 39[deg]34.46' N 71[deg]35.68' W ...............
9.................................... 39[deg]40.12' N 71[deg]42.36' W ...............
1.................................... 39[deg]43.84' N 71[deg]44.85' W (*)
----------------------------------------------------------------------------------------------------------------
(3) Emery and Uchupi Canyons. Emery and Uchupi Canyons discrete
deep-sea coral zone is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An
asterisk (*) in the Broad Zone column means the point is shared with
the Broad Deep-sea Coral Zone, as defined in paragraph (b) of this
section.
Emery and Uchupi Canyons
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 39[deg]37.15' N 71[deg]55.85' W (*)
2.................................... 39[deg]39.77' N 71[deg]53.7' W (*)
3.................................... 39[deg]39.55' N 71[deg]47.68' W ...............
4.................................... 39[deg]30.78' N 71[deg]36.24' W ...............
5.................................... 39[deg]27.26' N 71[deg]39.13' W ...............
6.................................... 39[deg]28.99' N 71[deg]45.47' W ...............
7.................................... 39[deg]33.91' N 71[deg]52.61' W ...............
1.................................... 39[deg]37.15' N 71[deg]55.85' W (*)
----------------------------------------------------------------------------------------------------------------
[[Page 15281]]
(4) Jones and Babylon Canyons. Jones and Babylon Canyons discrete
deep-sea coral zone is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An
asterisk (*) in the Broad Zone column means the point is shared with
the Broad Deep-sea Coral Zone, as defined in paragraph (b) of this
section.
Jones and Babylon Canyons
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 39[deg]28.26' N 72[deg]2.2' W (*)
2.................................... 39[deg]29.88' N 72[deg]3.51' W (*)
3.................................... 39[deg]30.57' N 72[deg]3.47' W (*)
4.................................... 39[deg]31.28' N 72[deg]2.63' W (*)
5.................................... 39[deg]31.46' N 72[deg]1.41' W (*)
6.................................... 39[deg]30.37' N 71[deg]57.72' W ...............
7.................................... 39[deg]30.63' N 71[deg]55.13' W ...............
8.................................... 39[deg]23.81' N 71[deg]48.15' W ...............
9.................................... 39[deg]23' N 71[deg]52.48' W ...............
1.................................... 39[deg]28.26' N 72[deg]2.2' W (*)
----------------------------------------------------------------------------------------------------------------
(5) Hudson Canyon. Hudson Canyon discrete deep-sea coral zone is
defined by straight lines connecting the following points in the order
stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-Sea Coral Zone, as
defined in paragraph (b) of this section.
Hudson Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 39[deg]19.08' N 72[deg]9.56' W (*)
2.................................... 39[deg]25.17' N 72[deg]13.03' W (*)
3.................................... 39[deg]28.8' N 72[deg]17.39' W (*)
4.................................... 39[deg]30.16' N 72[deg]20.41' W (*)
5.................................... 39[deg]31.38' N 72[deg]23.86' W (*)
6.................................... 39[deg]32.55' N 72[deg]25.07' W (*)
7.................................... 39[deg]34.57' N 72[deg]25.18' W (*)
8.................................... 39[deg]34.53' N 72[deg]24.23' W (*)
9.................................... 39[deg]33.17' N 72[deg]24.1' W (*)
10................................... 39[deg]32.07' N 72[deg]22.77' W (*)
11................................... 39[deg]32.17' N 72[deg]22.08' W (*)
12................................... 39[deg]30.3' N 72[deg]15.71' W (*)
13................................... 39[deg]29.49' N 72[deg]14.3' W (*)
14................................... 39[deg]29.44' N 72[deg]13.24' W (*)
15................................... 39[deg]27.63' N 72[deg]5.87' W (*)
16................................... 39[deg]13.93' N 71[deg]48.44' W ...............
17................................... 39[deg]10.39' N 71[deg]52.98' W ...............
18................................... 39[deg]14.27' N 72[deg]3.09' W ...............
1.................................... 39[deg]19.08' N 72[deg]9.56' W (*)
----------------------------------------------------------------------------------------------------------------
(6) Mey-Lindenkohl Slope. Mey-Lindenkohl Slope discrete deep-sea
coral zone is defined by straight lines connecting the following points
in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk
(*) in the Broad Zone column means the point is shared with the Broad
Deep-Sea Coral Zone, as defined in paragraph (b) of this section.
Mey-Lindenkohl Slope
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]43' N 73[deg]1.24' W (*)
2.................................... 38[deg]43.66' N 73[deg]0.36' W (*)
3.................................... 38[deg]45' N 73[deg]0.27' W (*)
4.................................... 38[deg]46.68' N 73[deg]1.07' W (*)
5.................................... 38[deg]47.54' N 73[deg]2.24' W (*)
6.................................... 38[deg]47.84' N 73[deg]2.24' W (*)
7.................................... 38[deg]49.03' N 73[deg]1.53' W (*)
8.................................... 38[deg]48.45' N 73[deg]1' W (*)
9.................................... 38[deg]49.15' N 72[deg]58.98' W (*)
10................................... 38[deg]48.03' N 72[deg]56.7' W (*)
11................................... 38[deg]49.84' N 72[deg]55.54' W (*)
12................................... 38[deg]52.4' N 72[deg]52.5' W (*)
13................................... 38[deg]53.87' N 72[deg]53.36' W (*)
[[Page 15282]]
14................................... 38[deg]54.17' N 72[deg]52.58' W (*)
15................................... 38[deg]54.7' N 72[deg]50.26' W (*)
16................................... 38[deg]57.2' N 72[deg]47.74' W (*)
17................................... 38[deg]58.64' N 72[deg]48.35' W (*)
18................................... 38[deg]59.3' N 72[deg]47.86' W (*)
19................................... 38[deg]59.22' N 72[deg]46.69' W (*)
20................................... 39[deg]0.13' N 72[deg]45.47' W (*)
21................................... 39[deg]1.69' N 72[deg]45.74' W (*)
22................................... 39[deg]1.49' N 72[deg]43.67' W (*)
23................................... 39[deg]3.9' N 72[deg]40.83' W (*)
24................................... 39[deg]7.35' N 72[deg]41.26' W (*)
25................................... 39[deg]7.16' N 72[deg]37.21' W (*)
26................................... 39[deg]6.52' N 72[deg]35.78' W (*)
27................................... 39[deg]11.73' N 72[deg]25.4' W (*)
28................................... 38[deg]58.85' N 72[deg]11.78' W ...............
29................................... 38[deg]32.39' N 72[deg]47.69' W ...............
30................................... 38[deg]34.88' N 72[deg]53.78' W ...............
1.................................... 38[deg]43' N 73[deg]1.24' W (*)
----------------------------------------------------------------------------------------------------------------
(7) Spencer Canyon. Spencer Canyon discrete deep-sea coral zone is
defined by straight lines connecting the following points in the order
stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-Sea Coral Zone, as
defined in paragraph (b) of this section.
Spencer Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]34.14' N 73[deg]11.14' W (*)
2.................................... 38[deg]35.1' N 73[deg]10.43' W (*)
3.................................... 38[deg]35.94' N 73[deg]11.25' W (*)
4.................................... 38[deg]37.57' N 73[deg]10.49' W (*)
5.................................... 38[deg]37.21' N 73[deg]9.41' W (*)
6.................................... 38[deg]36.72' N 73[deg]8.85' W (*)
7.................................... 38[deg]36.59' N 73[deg]8.25' W ...............
8.................................... 38[deg]28.94' N 72[deg]58.96' W ...............
9.................................... 38[deg]26.45' N 73[deg]3.24' W ...............
1.................................... 38[deg]34.14' N 73[deg]11.14' W (*)
----------------------------------------------------------------------------------------------------------------
(8) Wilmington Canyon. Wilmington Canyon discrete deep-sea coral
zone is defined by straight lines connecting the following points in
the order stated (copies of a chart depicting this area are available
from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-sea
Coral Zone, as defined in paragraph (b) of this section.
Wilmington Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]19.04' N 73[deg]33.02' W (*)
2.................................... 38[deg]25.08' N 73[deg]34.99' W (*)
3.................................... 38[deg]26.32' N 73[deg]33.44' W (*)
4.................................... 38[deg]29.72' N 73[deg]30.65' W (*)
5.................................... 38[deg]28.65' N 73[deg]29.37' W (*)
6.................................... 38[deg]25.53' N 73[deg]30.94' W (*)
7.................................... 38[deg]25.26' N 73[deg]29.97' W (*)
8.................................... 38[deg]23.75' N 73[deg]30.16' W (*)
9.................................... 38[deg]23.47' N 73[deg]29.7' W (*)
10................................... 38[deg]22.76' N 73[deg]29.34' W (*)
11................................... 38[deg]22.5' N 73[deg]27.63' W (*)
12................................... 38[deg]21.59' N 73[deg]26.87' W (*)
13................................... 38[deg]18.52' N 73[deg]22.95' W ...............
14................................... 38[deg]14.41' N 73[deg]16.64' W ...............
15................................... 38[deg]13.23' N 73[deg]17.32' W ...............
16................................... 38[deg]15.79' N 73[deg]26.38' W ...............
1.................................... 38[deg]19.04' N 73[deg]33.02' W (*)
----------------------------------------------------------------------------------------------------------------
[[Page 15283]]
(9) North Heyes and South Wilmington Canyons. North Heyes and South
Wilmington Canyons discrete deep-sea coral zone is defined by straight
lines connecting the following points in the order stated (copies of a
chart depicting this area are available from the Regional Administrator
upon request). An asterisk (*) in the Broad Zone column means the point
is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph
(b) of this section.
North Heyes and South Wilmington Canyons
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]15.25' N 73[deg]36.2' W (*)
2.................................... 38[deg]16.19' N 73[deg]36.91' W (*)
3.................................... 38[deg]16.89' N 73[deg]36.66' W (*)
4.................................... 38[deg]16.91' N 73[deg]36.35' W (*)
5.................................... 38[deg]17.63' N 73[deg]35.35' W (*)
6.................................... 38[deg]18.55' N 73[deg]34.44' W (*)
7.................................... 38[deg]18.38' N 73[deg]33.4' W (*)
8.................................... 38[deg]19.04' N 73[deg]33.02' W (*)
9.................................... 38[deg]15.79' N 73[deg]26.38' W ...............
10................................... 38[deg]14.98' N 73[deg]24.73' W ...............
11................................... 38[deg]12.32' N 73[deg]21.22' W ...............
12................................... 38[deg]11.06' N 73[deg]22.21' W ...............
13................................... 38[deg]11.13' N 73[deg]28.72' W ...............
1.................................... 38[deg]15.25' N 73[deg]36.2' W (*)
----------------------------------------------------------------------------------------------------------------
(10) South Vries Canyon. South Vries Canyon discrete deep-sea coral
zone is defined by straight lines connecting the following points in
the order stated (copies of a chart depicting this area are available
from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-Sea
Coral Zone, as defined in paragraph (b) of this section.
South Vries Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]6.35' N 73[deg]44.8' W (*)
2.................................... 38[deg]7.5' N 73[deg]45.2' W (*)
3.................................... 38[deg]9.24' N 73[deg]42.61' W (*)
4.................................... 38[deg]3.22' N 73[deg]29.22' W ...............
5.................................... 38[deg]2.38' N 73[deg]29.78' W ...............
6.................................... 38[deg]2.54' N 73[deg]36.73' W ...............
1.................................... 38[deg]6.35' N 73[deg]44.8' W (*)
----------------------------------------------------------------------------------------------------------------
(11) Baltimore Canyon. Baltimore Canyon discrete deep-sea coral
zone is defined by straight lines connecting the following points in
the order stated (copies of a chart depicting this area are available
from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-Sea
Coral Zone, as defined in paragraph (b) of this section.
Baltimore Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 38[deg]3.29' N 73[deg]49.1' W (*)
2.................................... 38[deg]6.19' N 73[deg]51.59' W (*)
3.................................... 38[deg]7.67' N 73[deg]52.19' W (*)
4.................................... 38[deg]9.04' N 73[deg]52.39' W (*)
5.................................... 38[deg]10.1' N 73[deg]52.32' W (*)
6.................................... 38[deg]11.98' N 73[deg]52.65' W (*)
7.................................... 38[deg]13.74' N 73[deg]50.73' W (*)
8.................................... 38[deg]13.15' N 73[deg]49.77' W (*)
9.................................... 38[deg]10.92' N 73[deg]50.37' W (*)
10................................... 38[deg]10.2' N 73[deg]49.63' W (*)
11................................... 38[deg]9.26' N 73[deg]49.68' W (*)
12................................... 38[deg]8.38' N 73[deg]49.51' W (*)
13................................... 38[deg]7.59' N 73[deg]47.91' W (*)
14................................... 38[deg]6.96' N 73[deg]47.25' W (*)
15................................... 38[deg]6.51' N 73[deg]46.99' W (*)
16................................... 38[deg]5.69' N 73[deg]45.56' W (*)
17................................... 38[deg]6.35' N 73[deg]44.8' W (*)
18................................... 38[deg]2.54' N 73[deg]36.73' W ...............
19................................... 37[deg]59.19' N 73[deg]40.67' W ...............
1.................................... 38[deg]3.29' N 73[deg]49.1' W (*)
----------------------------------------------------------------------------------------------------------------
[[Page 15284]]
(12) Warr and Phoenix Canyon Complex. Warr and Phoenix Canyon
Complex discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request). An asterisk (*) in the Broad Zone column means the point is
shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b)
of this section.
Warr and Phoenix Canyon Complex
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 37[deg]53.68' N 73[deg]57.41' W (*)
2.................................... 37[deg]55.07' N 73[deg]57.27' W (*)
3.................................... 38[deg]3.29' N 73[deg]49.1' W (*)
4.................................... 37[deg]59.19' N 73[deg]40.67' W ...............
5.................................... 37[deg]52.5' N 73[deg]35.28' W ...............
6.................................... 37[deg]50.92' N 73[deg]36.59' W ...............
7.................................... 37[deg]49.84' N 73[deg]47.11' W ...............
1.................................... 37[deg]53.68' N 73[deg]57.41' W (*)
----------------------------------------------------------------------------------------------------------------
(13) Accomac and Leonard Canyons. Accomac and Leonard Canyons
discrete deep-sea coral zone is defined by straight lines connecting
the following points in the order stated (copies of a chart depicting
this area are available from the Regional Administrator upon request).
An asterisk (*) in the Broad Zone column means the point is shared with
the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.
Accomac and Leonard Canyons
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 37[deg]45.15' N 74[deg]7.24' W (*)
2.................................... 37[deg]45.88' N 74[deg]7.44' W (*)
3.................................... 37[deg]46.7' N 74[deg]5.98' W (*)
4.................................... 37[deg]49.62' N 74[deg]6.03' W (*)
5.................................... 37[deg]51.25' N 74[deg]5.48' W (*)
6.................................... 37[deg]51.99' N 74[deg]4.51' W (*)
7.................................... 37[deg]51.37' N 74[deg]3.3' W (*)
8.................................... 37[deg]50.63' N 74[deg]2.69' W (*)
9.................................... 37[deg]49.62' N 74[deg]2.28' W (*)
10................................... 37[deg]50.28' N 74[deg]0.67' W (*)
11................................... 37[deg]50.2' N 74[deg]0.17' W ...............
12................................... 37[deg]50.52' N 73[deg]58.59' W ...............
13................................... 37[deg]50.99' N 73[deg]57.17' W ...............
14................................... 37[deg]50.4' N 73[deg]52.35' W ...............
15................................... 37[deg]42.76' N 73[deg]44.86' W ...............
16................................... 37[deg]39.96' N 73[deg]48.32' W ...............
17................................... 37[deg]40.04' N 73[deg]58.25' W ...............
18................................... 37[deg]44.14' N 74[deg]6.96' W ...............
1.................................... 37[deg]45.15' N 74[deg]7.24' W (*)
----------------------------------------------------------------------------------------------------------------
(14) Washington Canyon. Washington Canyon discrete deep-sea coral
zone is defined by straight lines connecting the following points in
the order stated (copies of a chart depicting this area are available
from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-Sea
Coral Zone, as defined in paragraph (b) of this section.
Washington Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 37[deg]22.74' N 74[deg]26.24' W (*)
2.................................... 37[deg]22.87' N 74[deg]26.16' W (*)
3.................................... 37[deg]24.44' N 74[deg]28.57' W (*)
4.................................... 37[deg]24.67' N 74[deg]29.71' W (*)
5.................................... 37[deg]25.93' N 74[deg]30.13' W (*)
6.................................... 37[deg]27.25' N 74[deg]30.2' W (*)
7.................................... 37[deg]28.6' N 74[deg]30.6' W (*)
8.................................... 37[deg]29.43' N 74[deg]30.29' W (*)
9.................................... 37[deg]29.53' N 74[deg]29.95' W (*)
10................................... 37[deg]27.68' N 74[deg]28.82' W (*)
11................................... 37[deg]27.06' N 74[deg]28.76' W (*)
12................................... 37[deg]26.39' N 74[deg]27.76' W (*)
13................................... 37[deg]26.3' N 74[deg]26.87' W (*)
14................................... 37[deg]25.69' N 74[deg]25.63' W (*)
15................................... 37[deg]25.83' N 74[deg]24.22' W (*)
[[Page 15285]]
16................................... 37[deg]25.68' N 74[deg]24.03' W (*)
17................................... 37[deg]25.08' N 74[deg]23.29' W ...............
18................................... 37[deg]16.81' N 73[deg]52.13' W ...............
19................................... 37[deg]11.27' N 73[deg]54.05' W ...............
20................................... 37[deg]15.73' N 74[deg]12.2' W ...............
1.................................... 37[deg]22.74' N 74[deg]26.24' W (*)
----------------------------------------------------------------------------------------------------------------
(15) Norfolk Canyon. Norfolk Canyon discrete deep-sea coral zone is
defined by straight lines connecting the following points in the order
stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-Sea Coral Zone, as
defined in paragraph (b) of this section.
Norfolk Canyon
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Broad zone
----------------------------------------------------------------------------------------------------------------
1.................................... 36[deg]58.51' N 74[deg]36.51' W (*)
2.................................... 36[deg]58.62' N 74[deg]36.97' W (*)
3.................................... 37[deg]4.43' N 74[deg]41.03' W (*)
4.................................... 37[deg]5.83' N 74[deg]45.57' W (*)
5.................................... 37[deg]6.97' N 74[deg]40.8' W (*)
6.................................... 37[deg]4.52' N 74[deg]37.77' W (*)
7.................................... 37[deg]4.02' N 74[deg]33.83' W (*)
8.................................... 37[deg]4.52' N 74[deg]33.51' W (*)
9.................................... 37[deg]4.40' N 74[deg]33.11' W (*)
10................................... 37[deg]4.16' N 74[deg]32.37' W ...............
11................................... 37[deg]4.40' N 74[deg]30.58' W ...............
12................................... 37[deg]3.65' N 74[deg]3.66' W ...............
13................................... 36[deg]57.75' N 74[deg]3.61' W ...............
14................................... 36[deg]59.77' N 74[deg]30' W ...............
15................................... 36[deg]58.23' N 74[deg]32.95' W ...............
16................................... 36[deg]57.99' N 74[deg]34.18' W ...............
1.................................... 36[deg]58.51' N 74[deg]36.51' W (*)
----------------------------------------------------------------------------------------------------------------
(d) Transiting. Vessels may transit the Broad and Discrete Deep-Sea
Coral Zones defined in paragraphs (b) and (c) of this section, provided
bottom-tending trawl nets are out of the water and stowed on the reel
and any other fishing gear that is prohibited in these areas is
onboard, out of the water, and not deployed. Fishing gear is not
required to meet the definition of ``not available for immediate use''
in Sec. 648.2, when a vessel transits the Broad and Discrete Deep-Sea
Coral Zones.
[FR Doc. 2018-06760 Filed 4-6-18; 8:45 am]
BILLING CODE 3510-22-P