Proposed Rule2025-22226
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 69
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Published
December 8, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement specifications and management measures in Framework Adjustment 69 to the Northeast Multispecies Fishery Management Plan, except for measures specific to Atlantic cod; approve Northeast multispecies (groundfish) sectors and allocations; establish recreational measures for several stocks; update common pool possession limits; and clarify and correct existing regulations. This action is necessary to respond to updated scientific information and achieve the goals and objectives of the fishery management plan. The proposed measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available.
Full Text
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[Federal Register Volume 90, Number 233 (Monday, December 8, 2025)]
[Proposed Rules]
[Pages 56836-56887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22226]
[[Page 56835]]
Vol. 90
Monday,
No. 233
December 8, 2025
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; Northeast Multispecies
Fishery; Framework Adjustment 69; Proposed Rule
Federal Register / Vol. 90 , No. 233 / Monday, December 8, 2025 /
Proposed Rules
[[Page 56836]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 251118-0171]
RIN 0648-BN23
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 69
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement specifications and
management measures in Framework Adjustment 69 to the Northeast
Multispecies Fishery Management Plan, except for measures specific to
Atlantic cod; approve Northeast multispecies (groundfish) sectors and
allocations; establish recreational measures for several stocks; update
common pool possession limits; and clarify and correct existing
regulations. This action is necessary to respond to updated scientific
information and achieve the goals and objectives of the fishery
management plan. The proposed measures are intended to help prevent
overfishing, rebuild overfished stocks, achieve optimum yield, and
ensure that management measures are based on the best scientific
information available.
DATES: Comments must be received by 5 p.m. EST on January 7, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0004">https://www.regulations.gov/docket/NOAA-NMFS-2025-0004</a>. You may
submit comments, identified by NOAA-NMFS-2025-0004, by the following
method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0004 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. You may submit anonymous comments by
entering ``N/A'' in the required fields if you wish to remain
anonymous.
Copies of Framework Adjustment 69, including the draft
Environmental Assessment, the Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis prepared by the New England Fishery
Management Council in support of this action, are available from Dr.
Cate O'Keefe, 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: <a href="https://www.nefmc.org/management-plans/northeast-multispecies">https://www.nefmc.org/management-plans/northeast-multispecies</a> or <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Copies of each sector's approved operations plan
and contracts from fishing years 2023-2024; the Sector Operations Plan,
Contract, and Environmental Assessment Requirements guidance document
for fishing years 2025-2026; and other supporting documents are
available from the NMFS Greater Atlantic Regional Fisheries Office
(GARFO), by contacting Heather Nelson at <a href="/cdn-cgi/l/email-protection#86eee3e7f2eee3f4a8e8e3eaf5e9e8c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="a1c9c4c0d5c9c4d38fcfc4cdd2cecfe1cfcec0c08fc6ced7">[email protected]</span></a>. These
documents are also accessible via the GARFO website.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst,
phone: 978-282-8493; email: <a href="/cdn-cgi/l/email-protection#9dd1f4e7b3cee8f1f1f4ebfcf3ddf3f2fcfcb3faf2eb"><span class="__cf_email__" data-cfemail="a6eacfdc88f5d3cacacfd0c7c8e6c8c9c7c788c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery
Management Plan (FMP) regulates the commercial and recreational fishing
of 13 species of groundfish through the use of various management
programs designed to promote the long-term sustainability of the
groundfish fishery. The FMP includes the annual specification of catch
limits for each applicable component of the fishery. The directed
groundfish fishery is divided into the recreational and commercial
components, and the commercial fishery is further divided between
sectors and the common pool (see ``Sectors'' below for more
information). Annually, the commercial groundfish fishery has a value
of approximately $40 million (ex-vessel revenue from the most recent
complete fishing year). Recreational fisheries, including the
recreational groundfish fishery, contribute substantial value to the
regional and national economies.
In April of 2024, the New England Fishery Management Council
(Council) began development of Amendment 25 to revise the management of
Atlantic cod in the Northeast Multispecies FMP from the current
management system of two stocks to four stocks. Contemporaneously, the
Council decided to address implementing measures in the next framework
adjustment. Framework 69 was developed in connection with Amendment 25.
The specifications and measures in Framework 69 that were specific to
Atlantic cod were dependent on Amendment 25 and would have been
necessary to effectuate Amendment 25 changes, if Amendment 25 was
approved and implemented by NMFS. Other measures contained within
Framework 69 are independent of Amendment 25, and could therefore be
implemented (if approved) regardless of the decision on Amendment 25.
The Council reviewed the proposed regulations for Framework 69 and
deemed them consistent with, and necessary to implement, Framework 69
in a February 26, 2025, letter from Council Chairman Rick Bellavance to
Regional Administrator Michael Pentony. On May 16, 2025, the Secretary
of Commerce disapproved Amendment 25, after review of the Amendment
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
Under the provisions of the Magnuson-Stevens Act, the Greater
Atlantic Regional Fisheries Office's Regional Administrator reviews
proposed regulations for consistency with the FMP, plan amendments, the
Magnuson-Stevens Act and other applicable law. The Regional
Administrator is required to publish proposed regulations consistent
with the Council's recommendations, with such technical changes as may
be necessary for clarity and an explanation of those changes for public
comment (section 304(b)(1)(A) of the Magnuson-Stevens Act). After
public comment, the Regional Administrator may publish
[[Page 56837]]
revisions to the proposed regulations along with an explanation of any
differences between the proposed and final regulations (section
304(b)(3) of the Magnuson-Stevens Act; 50 CFR 648.90(a)).
Because the Secretary disapproved Amendment 25, NMFS is excluding
from the Framework 69 proposed rule any measures that were dependent on
the approval of Amendment 25 in accordance with the Magnuson-Stevens
Act and the specification regulations. These exclusions are technical
in nature, reflect the disapproval of Amendment 25, and remove measures
that NMFS would have implemented under its responsibility to carry out
the Magnuson-Stevens Act consistent with the FMP's provisions. The
exclusions are necessary for clarity and will prevent confusion about
the remaining measures that are necessary and appropriate for
implementing the fishery's specifications. The excluded measures
include status determination criteria and specifications for the four
Atlantic cod stocks, common pool accountability measures (AM) for those
four Atlantic cod stocks, and other management measures that were
dependent on the revised stock structure.
Summary of Proposed Measures
This proposed action would implement the management measures in
Framework Adjustment 69 to the Northeast Multispecies FMP that were not
dependent on the approval of Amendment 25. The Regional Administrator
is seeking comments on the proposed regulations and intends to
promulgate the final regulations after careful consideration of any
submitted comments. Through Framework 69, and based on Council
recommendations, NMFS proposes to:
<bullet> Set the shared U.S./Canada quotas for Georges Bank (GB)
yellowtail flounder for fishing years 2025 and 2026 and eastern GB
haddock for fishing year 2025;
<bullet> Set specifications, including catch limits for seven
groundfish stocks: Gulf of Maine (GOM) haddock, American plaice, witch
flounder, pollock, and Atlantic halibut for fishing years 2025-2027; GB
yellowtail flounder for fishing years 2025-2026; and GB haddock for
fishing year 2025;
<bullet> Remove a requirement for sectors to submit State and
Federal permit information to NMFS; and
<bullet> Modify the catch threshold for implementing the Atlantic
sea scallop fishery's AMs for GB yellowtail flounder and northern
windowpane flounder.
This action also proposes regulatory changes and other measures
that are not part of Framework 69, but that may be considered and
implemented under section 305(d) authority in the Magnuson-Stevens Act
to make changes necessary to carry out the FMP. NMFS is proposing these
changes in conjunction with the Framework 69 proposed measures for
expediency purposes. Through this rulemaking, NMFS proposes to:
<bullet> Approve sector operations plans and allocate quota to
sectors;
<bullet> Remove a requirement for weekly reporting by sectors;
<bullet> Set recreational management measures for GOM cod and GOM
haddock;
<bullet> Update the common pool possession and trip limits for
stocks to reflect potential fishing year 2025 limits; and
<bullet> Revise existing regulatory text to correct and increase
readability and clarity of existing regulations.
On May 2, 2025, NMFS published an emergency rule that temporarily
implemented specifications and management measures for 2025 for two
stocks of cod, approved sector operations plans, and allocated sector
quota for the 2025 fishing year (90 FR 18804). The basis of the 2025
quotas for GOM cod and GB cod were those recommended by the Council in
Framework 69. In the emergency rule, NMFS acknowledged the significant
administrative challenges and disruptions to NMFS, the sectors, and
fishing participants that would be caused by transitioning from two
stock units of cod to four stock units mid-fishing year. The
specifications for GOM cod and GB cod (including the U.S./Canada
quotas) remain in place as set by the emergency rule, and are not
proposed to change in this rule. Some measures in the emergency rule,
such as the U.S./Canada quotas and specifications for GB haddock, were
already part of the Council's recommendations for Framework 69, and so
are proposed here as well. If approved, those measures would replace
those implemented by the emergency rule. While the emergency rule
authorized sector operations plans and allocated quota for 180 days,
this rule proposes to approve the two-year (2025-2026) sector
operations plans and allocate quota for the full 2025 fishing year.
Similarly, this proposes to update common pool possession limits for
groundfish stocks for the full fishing year. If approved in the final
rule, these measures would replace those set by the May 2 emergency
rule.
Fishing Years 2025 Shared U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
shared stocks that are jointly managed with Canada under the United
States/Canada Resource Sharing Understanding (Understanding). As part
of the Understanding, the Transboundary Management Guidance Committee
(TMGC) is a joint government-industry committee made up of
representatives from the United States and Canada that acts to provide
management guidance for U.S. and Canadian domestic management
authorities. Each year, the TMGC recommends a shared quota for each
stock based on the most recent stock information and the TMGC's harvest
strategy. The TMGC's harvest strategy for setting catch levels is to
maintain a low to neutral risk (less than 50 percent) of exceeding the
fishing mortality limit for each stock. The harvest strategy also
specifies that, when stock conditions are poor, fishing mortality
should be further reduced to promote stock rebuilding. The shared
quotas are allocated between the United States and Canada based on a
formula that considers historical catch (10-percent weighting) and the
current resource distribution (90-percent weighting). For historical
information about the TMGC see: <a href="http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php">http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php</a>.
Since the inception of the Understanding, the Transboundary
Resource Assessment Committee (TRAC) has been tasked with
collaboratively assessing the shared stocks and providing information
necessary to support management of shared resources by the TMGC. In
2024, the TRAC was unable to produce joint assessments for any of the
shared stocks. Instead, scientific staff from the Department of
Fisheries and Oceans Canada (DFO) and NMFS's Northeast Fisheries
Science Center worked to provide domestically produced assessment
information for each stock to the TMGC for consideration. During an
intersessional meeting on May 22, 2024, NMFS and DFO agreed to move
towards a new scientific process that would be based on compilation of
U.S. and Canadian domestic assessment information rather than
development of single joint assessments for each stock. The new process
is planned to be in place in 2025 for setting fishing year 2026 quotas.
For GB yellowtail flounder, the Council's Scientific and
Statistical
[[Page 56838]]
Committee (SSC) also recommends an acceptable biological catch (ABC)
for the stock. The ABC is typically used to inform the U.S. TMGC's
discussions with Canada for the annual shared quota. Although the stock
is jointly managed with Canada, and the TMGC recommends annual shared
quotas, the Council may not recommend catch limits that would exceed
the SSC's recommendation. The SSC does not recommend ABCs for eastern
GB cod and haddock, because they are management units of the total GB
cod and haddock stocks. The SSC recommends overall ABCs for the total
GB cod and haddock stocks. The shared U.S./Canada quota for eastern GB
cod and haddock is included in these overall ABCs, and must be
consistent with the SSC's recommendation for the total GB stocks.
However, this year's TMGC meeting took place before the SSC had
provided a recommendation for the total GB haddock ABC, and the SSC
took the TMGC recommendation into consideration when making its
recommendation.
For eastern GB haddock, because the U.S. domestic stock assessment
provided advice for the full GB stock, an apportionment methodology was
needed to provide advice for the eastern portion of the stock. This
methodology was developed by the Northeast Fisheries Science Center in
collaboration with Canadian scientists. The result of this methodology
was that 100 percent of the full GB stock would be apportioned into the
eastern area. This approach was presented to the SSC at its July 2024
meeting, and the SSC considered the approach to be appropriate for
spatial apportionment of the biomass of these stocks and consistent
with previous U.S./Canada resource sharing allocation calculations. The
TMGC considered the results of the apportionment methodology when
making its recommendations for shared quotas for 2025.
U.S./Canada Quotas
The TMGC met in October 2024 to recommend shared quotas for 2025
based on the available domestic assessment information from both
countries, and made recommendations for eastern GB haddock and GB
yellowtail flounder. The Council adopted these recommendations in
Framework 69. The emergency rule set U.S./Canada quotas for eastern GB
cod.
[GRAPHIC] [TIFF OMITTED] TP08DE25.002
The proposed 2025 U.S. quotas for eastern GB haddock would
represent a 50-percent decrease compared to 2024; the proposed GB
yellowtail flounder would represent a 35-percent increase. For a more
detailed discussion of the TMGC's 2025 catch advice, including a
description of each country's quota share, see the TMGC's guidance
document that is posted at: <a href="https://www.greateratlantic.fisheries.noaa.gov/">https://www.greateratlantic.fisheries.noaa.gov/</a>.
The regulations implementing the U.S./Canada Resource Sharing
Understanding at Sec. 648.85(a) require deducting any overages of the
U.S. quota for eastern GB cod, eastern GB haddock, or GB yellowtail
flounder from the U.S. quota in the following fishing year. If catch
information for the 2024 fishing year indicates that the U.S. fishery
exceeded its quota for any of the shared stocks, NMFS will reduce the
respective U.S. quotas for the 2025 fishing year in a future management
action, as close to May 1, 2025, as practicable. If any fishery that is
allocated a portion of the U.S. quota exceeds its allocation and causes
an overage of the overall U.S. quota, the overage reduction would be
applied only to that fishery's allocation in the following fishing
year. This ensures that catch by one component of the overall fishery
does not negatively affect another component of the overall fishery.
Catch Limits for Fishing Years 2025-2027
Summary of the Proposed Catch Limits
Tables 2 through 12 show the proposed catch limits for the 2025-
2027 fishing years. Specifications are proposed and, if approved,
adopted for three years (although in some cases the Council or NMFS may
opt to adopt specifications for less than three years); however, any
specifications for fishing years beyond 2025 are projections that will
be considered and reaffirmed or adjusted in the annual framework for
that fishing year. A brief summary of how these catch limits were
developed is provided below. More details on the proposed catch limits
for each groundfish stock can be found in appendix II (Calculation of
Northeast Multispecies Annual Catch Limits, FY 2025-FY 2027) to the
Framework 69 Environmental Assessment (see ADDRESSES for information on
how to get this document).
Through Framework 69, the Council recommends catch limits,
including overfishing limits (OFL), for GOM haddock, American plaice,
witch flounder, pollock, and Atlantic halibut for the 2025-2027 fishing
years; GB yellowtail founder for the 2025-2026 fishing years; and GB
haddock for the 2025 fishing year, based on stock assessments completed
in 2024. Catch limits for other groundfish stocks were previously set
by Framework 65 (88 FR 56527; August 18, 2023) and Framework 66 (89 FR
35755; May 2, 2024). Table 2 provides an overview of which catch
limits, if any, would change, as proposed in Framework 69, the
framework that set other stocks' catch limits, as well as when the
stock was most recently assessed. Table 3 provides the percent change
in the 2025 catch
[[Page 56839]]
limit compared to the 2024 fishing year. Because the GOM cod and GB cod
quotas were set by the May 2, 2025 emergency action, they are not
included in tables 2 and 3.
All specifications projected for fishing year 2025 in previous
frameworks were considered for reaffirmation or adjustment, as
warranted by the best scientific information available in the adopting
framework, and any updates in this action. The previously projected and
adopted specifications are proposed for reaffirmation, consistent with
the considerations and determinations in the adopting frameworks,
Framework 66 and Framework 65, because none of the underlying
scientific information has changed in any significant way.
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TP08DE25.003
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[GRAPHIC] [TIFF OMITTED] TP08DE25.004
BILLING CODE 3510-22-C
Overfishing Limits and Acceptable Biological Catches
The OFL is calculated to set the maximum amount of fish that can be
caught in a year without constituting overfishing. The ABC is typically
set lower than the OFL to account for scientific uncertainty. For GB
haddock and GB yellowtail flounder, the total ABC is reduced by the
amount of the Canadian quota (see table 1 for the Canadian and U.S.
shares of these stocks). Although the TMGC recommendations were only
for fishing year 2025, the portion of the shared quota that would be
allocated to Canada in fishing year 2025 was used to project the U.S.
portions of the ABCs for GB yellowtail flounder for 2026. This avoids
artificially inflating the U.S. ABC up to the total ABC for the 2026
fishing year. The TMGC will make new recommendations for 2026, which
would replace the GB yellowtail flounder quotas set in this action.
While this is generally done for GB haddock as well, this year the
Council opted to not set a quota for this stock beyond 2025. During
development of Framework 69, members of the fishing industry raised
concerns about the proportion of GB haddock that was estimated to occur
in the eastern U.S./Canada area, relative to the full stock. Based on
SSC recommendations, the Council proposed a fishing year 2025 OFL of
8,034 mt and a total ABC of 7,410, which resulted in a U.S. ABC of
1,556 mt after the Canadian share was addressed. NMFS is evaluating the
Council's proposal and fishing industry's concerns, and will consider
public comments on this proposed rule, to determine whether the U.S.
ABC should be increased above 1,556 mt. NMFS will provide the final
[[Page 56841]]
GB haddock U.S. ABC in the final rule for this action.
Although GB winter flounder, white hake, and Atlantic halibut are
not jointly managed with Canada, there is some Canadian catch of these
stocks. Because the total ABC must account for all sources of fishing
mortality, expected Canadian catch of GB winter flounder (38 mt), white
hake (57 mt), and Atlantic halibut (71 mt) is deducted from the total
ABC. The U.S. ABC is the amount available to the U.S. fishery after
accounting for Canadian catch (see table 3). For stocks without
Canadian catch, the U.S. ABC is equal to the total ABC.
The OFLs are currently unknown for GB yellowtail flounder, witch
flounder, northern windowpane flounder, and Atlantic halibut. For 2025,
the SSC recommended maintaining the unknown OFL for GB yellowtail
flounder and witch flounder. Empirical stock assessments are used for
these five stocks, and these assessments no longer provide quantitative
estimates of the status determination criteria, nor have appropriate
proxies for status determination criteria been developed. For each of
these stocks, the Council has relied on the SSC to provide advice on
the likelihood of preventing overfishing and promoting rebuilding under
the proposed ABCs. Based on the SSC's recommendation, NMFS has
preliminarily determined that these ABCs are based on the best
scientific information available and, therefore, provide a sufficient
limit for preventing overfishing and are consistent with the National
Standards. This action does not propose any changes to the status
determination criteria for these stocks.
Annual Catch Limits
Development of Annual Catch Limits (ACL)
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. For stocks
with a recreational allocation, the U.S. ABC is first divided between
the commercial and recreational fisheries, before being further divided
into sub-components and sub-ACLs. An estimate of catch expected from
State waters and the other sub-component (e.g., Federal commercial non-
groundfish fisheries and some recreational groundfish fisheries, if
there is not a recreational allocation) is deducted from the U.S. ABC.
The remaining portion of the U.S. ABC is distributed to the fishery
components that receive an allocation for the stock. Components of the
fishery that receive an allocation have a sub-ACL set by reducing their
portion of the ABC (the sub-ABC) to account for management uncertainty
and are subject to AMs if they exceed their respective catch limit
during the fishing year. This process is described fully in appendix II
of the Framework 69 EA (see ADDRESSES).
Sector and Common Pool Allocations
For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL based on the total vessel enrollment in sectors and the
cumulative potential sector contributions (PSC) associated with those
sectors. This action does not change an individual's qualifying fishing
history or the manner in which an individual vessel's PSC contributes
to a sector's cumulative PSC. The sector and common pool sub-ACLs
proposed in this action are based on fishing year 2025 PSCs and fishing
year 2025 sector rosters. All permits enrolled in a sector, and the
vessels associated with those permits, had until April 30, 2025, to
withdraw from a sector and fish in the common pool for the 2025 fishing
year. In addition to the enrollment delay, all permits that changed
ownership after the roster deadline were able to join a sector (or
change sector) through April 30, 2025.
Management Uncertainty Buffer for Sectors
Amendment 23 (87 FR 75852; December 9, 2022) implemented a measure
to set the management uncertainty buffer for the sector sub-ACL for
each allocated groundfish stock to zero. In years that the at-sea
monitoring (ASM) coverage target is set at 100 percent, the management
uncertainty buffer will default to zero for the sector sub-ACL for
allocated stocks, unless the Council's consideration of the 100-percent
coverage target warrants specifying a different management uncertainty
buffer in order to prevent exceeding the sub-ACL. The process by which
the Council evaluates and sets management uncertainty buffers was
unchanged by Amendment 23, and the Council may adjust management
uncertainty buffers in future actions.
As established in Amendment 23, the ASM coverage target is
dependent on the level of funding for ASM and observers, and NMFS
evaluates overall annual appropriations from Congress to finalize the
ASM coverage target. NMFS also provides the target as soon as it can
each year so that sectors can establish their rosters and meet annual
deadlines. On March 21, 2025, the Regional Administrator announced that
the preliminary fishing year 2025 ASM coverage target will be 100
percent. NMFS is currently evaluating whether the preliminary coverage
target can be met given the level of 2025 appropriations funding for
reimbursing sectors for the cost of monitoring, and will announce the
final ASM coverage target in the final rule.
The removal of the management uncertainty buffer for the sectors
alone is not likely to cause the ABC or OFL to be exceeded. The fishery
would remain accountable for remaining within the sub-ACLs allocated to
it. Further, the revised management uncertainty buffers apply only to
sectors and not to the common pool component of the fishery or other
sub-ACLs or sub-components for any stocks. Therefore, uncertainty
buffer would continue to exist for the stock's ACL, but the sector-
specific buffer would be removed.
Framework 66 approved an additional measure that, for fishing year
2025, the management uncertainty buffer for white hake would default to
zero for the sector sub-ACL if the ASM target is 90 percent or higher.
If the final ASM coverage target is set below 90 percent, all stocks
would have sectors' sub-ABCs reduced to account for management
uncertainty (see table 4). If the final ASM coverage target is set at
100 percent for fishing year 2025, sectors' sub-ABCs would not be
reduced for any allocated stocks (see table 5). Tables 6 and 7 display
the ACLs and sub-ACLs for all stocks with the management uncertainty
buffer left in place for fishing years 2026 and 2027, respectively, but
this would be updated in a future action based on the coverage target
for that fishing year. Although this rule does not propose
specifications for GB cod and GOM cod, those two stocks are included in
tables 4 and 5 for completeness, and to show adjustments based on
changes in sector rosters since the publication of the emergency rule.
Common Pool Total Allowable Catches
The common pool sub-ACL for each allocated stock (except for SNE/MA
winter flounder) is further divided into trimester total allowable
catches (TAC). The Trimester TAC AM for the common pool fishery
requires that, once NMFS projects that 90 percent of the trimester TAC
is caught for a stock, the trimester TAC area for that stock will be
closed for the remainder of the trimester. These closures apply to all
common pool vessels fishing on a groundfish trip with gear capable of
catching the pertinent stock. Any uncaught portion of the TAC in
Trimester 1 or Trimester 2 is carried
[[Page 56842]]
forward to the next trimester. Overages of the Trimester 1 or Trimester
2 TAC are deducted from the Trimester 3 TAC. Any overages of the total
common pool sub-ACL are deducted from the following fishing year's
common pool sub-ACL for that stock. Uncaught portions of any trimester
TAC may not be carried over into the following fishing year. Table 8
summarizes the common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 9 through 11 summarize the proposed incidental catch
TACs for each stock and the distribution of these TACs to each special
management program.
Although this rule does not propose specifications for GB cod and
GOM cod, the common pool trimester TACs and incidental catch TACs of
those two stocks are included in tables 8 through 11 for completeness,
and to show adjustments based on changes in sector rosters since the
publication of the emergency rule.
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BILLING CODE 3510-22-C
Sectors
The Northeast multispecies sector program is defined and regulated
in 50 CFR part 648. The Northeast Multispecies FMP defines a sector as
``a group of persons holding limited access Northeast multispecies
permits who have voluntarily entered into a contract and agree to
certain fishing restrictions for a specified period of time, and that
have been granted a portion of the [total allowable catch] TACs [sic]
in order to achieve objectives consistent with applicable goals and
objectives of the FMP'' (Sec. 648.2 ``Sector''). Sectors are self-
selecting, meaning participation is voluntary, and each sector can
choose its members.
The Northeast multispecies sector management system includes an
annual allocation of available catch for a portion of the Northeast
multispecies stocks to each approved sector. These annual sector
allocations are known as annual catch entitlements (ACE) and are
portions of a stock's ACL available to commercial Northeast
multispecies sector vessels. A sector's ACE is based on the collective
fishing history of the permits held by the sector's members. Sectors
may receive allocations of large-mesh Northeast multispecies stocks
with the exception of Atlantic halibut, windowpane flounder, Atlantic
wolffish, and ocean pout, which are non-allocated species managed under
separate effort controls. A sector determines how to harvest its ACE.
In addition to the sectors, there are several State-operated permit
banks that each receive an allocation based on the fishing history of
permits they hold. Allocations in State-operated permit banks may be
leased to fishermen enrolled in sectors. State-operated permit banks
are no longer approved through the sector approval process, but current
State-operated permit banks contribute to the total allocation under
the sector system.
Sector Operations Plans
Sector operations plans contain the rules under which each sector
will fish and also provide the legal contract that binds each member to
the sector for the length of the sector's operations plan. Each
sector's operations plan, and each sector's members, must comply with
the regulations governing sectors, found at Sec. 648.87. Sectors are
also responsible for developing and implementing a monitoring program
that meets the requirements at Sec. 648.11(l). For fishing year 2025,
sector vessels may choose to use ASM or the audit model electronic
monitoring (EM) program to meet monitoring requirements, provided that
the sector has a corresponding monitoring program approved as part of
its operations plan.
NMFS approved 15 sectors to operate in fishing years 2023 and 2024,
(88 FR 26502; 89 FR 23941). Copies of the approved operations plans and
contracts from fishing years 2023-2024 are available at: <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2024-sectors">https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2024-sectors</a> and from NMFS (see ADDRESSES). Prior to the
2025 fishing year, NMFS received sector operations plan submissions
from these same sectors. The initial fishing years 2025-2026 operations
plans submitted by sectors do not request substantial changes from
fishing years 2023-2024 final operations plans. All sectors that
harvest fish included a NMFS-approved ASM or EM program as part of
their operations plans. NMFS did not receive any new operations plans
for approval for fishing year 2025. As a result, this rule proposes to
approve all 15 sector operations plans, and does not include proposals
to approve any additional sectors to operate in fishing year 2025.
Sector Exemptions
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several universal exemptions from
the FMP's effort controls. These universal exemptions are codified at
Sec. 648.87(c)(2)(ii). Sectors may request additional exemptions
annually as part of their sector operations plans to increase
flexibility and fishing opportunities. The FMP prohibits sectors from
requesting exemptions from permitting restrictions, gear restrictions
designed to minimize habitat impacts, and most reporting requirements.
For fishing year 2025, sectors did not request any novel
exemptions. NMFS previously granted 18 exemptions for fishing years
2023 and 2024 (88 FR 26502; May 1, 2023). The exemptions are described
below. This rule proposes to grant these previously approved exemptions
to all sectors which requested them in their operations plans.
Supporting rationale for the exemptions can be found in the applicable
final rules, identified in the description for each exemption. This
rule provides full exemption descriptions to reflect regulatory
citation corrections and to clearly describe the exemptions.
(1) Exemption from the 120-day block out of the fishery required
for Day gillnet vessels (62 FR 15381; April 1, 1997). Vessels operating
in a sector that requests this exemption in its approved operations
plan are exempt from the regulations at Sec. 648.82(j)(1)(ii)
requiring that Day gillnet vessels declare and take 120 days out of the
non-exempt gillnet fishery each fishing year.
(2) Exemption from the 20-day spawning block out of the fishery
required for all vessels (75 FR 18113; April 9, 2010). Vessels
operating in a sector that requests this exemption in its approved
operations plan are exempt from regulations at Sec. 648.82(g), which
specify the following: Vessels issued a valid Small Vessel category
permit, or vessels issued an open access Handgear B permit, may not
fish for, possess, or land regulated species or ocean pout from March 1
through March 20 of each year; a sector must declare that the vessel
will not fish with gear capable of catching Northeast multispecies for
a 20-day period between March 1 and May 31 of each calendar year; and a
vessel fishing under a Day gillnet category designation is prohibited
from fishing with gillnet gear capable of catching Northeast
multispecies during its declared 20-day spawning block.
(3) Exemption from the limits on the number of gillnets for Day
gillnet vessels outside of the GOM. Vessels operating in a sector that
requests this exemption in its approved operations plan are partially
exempt from the gear restrictions described at Sec. Sec.
648.80(a)(4)(iv)(B)(1), 648.80(b)(2)(iv)(B)(1), and
648.80(c)(2)(v)(B)(1), and are authorized to fish with up to 150 total
(roundfish and flatfish combined) nets in the GB, SNE, and MA Regulated
Mesh Areas (RMA). Vessels must tag both roundfish and flatfish nets
with one tag per net, and are exempt from the requirement for two
gillnet tags per roundfish net specified in Sec. Sec.
648.80(a)(4)(iv)(B)(3), 648.80(b)(2)(iv)(B)(3), and
648.80(c)(2)(v)(B)(3). This exemption does not apply in the GOM RMA.
(4) Exemption from the prohibition on a vessel hauling another
vessel's gillnet gear (75 FR 18113, April 9, 2010). Regulations at
Sec. Sec. 648.14(k)(6)(ii)(A) and 648.84(a) specify the manner in
which gillnet gear must be tagged and marked. This exemption allows a
sector vessel to fish gillnets marked and tagged by another vessel from
the same sector, provided that the gear is tagged with this vessel's
gillnet tags consistent with the tag per net requirements and is marked
consistent with Sec. 648.84(a). Vessels operating in a sector that
requests this exemption in its approved operations plan are exempt from
the portion of the regulation at Sec. 648.14(k)(6)(ii)(A)(3) that
prohibits vessel owners or operators from tagging
[[Page 56852]]
a gillnet or using a gillnet tag that has been issued to another
vessel. This does not exempt the vessel from the regulation prohibiting
the use of a gillnet tag that has been reported lost or missing. Sector
vessels opting to implement this provision will be required to place
NMFS-issued gillnet tags of each member on the gear being utilized
under this technique. All vessels participating in community fixed gear
will be held jointly liable for any violations associated with that
gear.
(5) Exemption from limits on the number of gillnets that may be
hauled in the GB RMA when fishing under a Northeast multispecies/
monkfish DAS (76 FR 23076, April 25, 2011). Regulations at Sec.
648.80(a)(4)(iv) prohibit Day gillnet vessels fishing on a groundfish
DAS from possessing, deploying, fishing, or hauling more than 50 nets
in the GB RMA. For sectors that request this exemption in its approved
operations plan, gillnet vessels dually permitted under both the
Northeast Multispecies and Monkfish FMPs may deploy more than 50 nets
(up to 160 for category A and B vessels, and up to 150 nets for
category C, D, F, G, and H vessels) under existing Monkfish FMP limits,
found at Sec. 648.92(b)(8).
(6) Exemption from the limits on the number of hooks that may be
fished (76 FR 23076, April 25, 2011). Vessels operating in a sector
that requests this exemption in its approved operations plan are exempt
from regulations at Sec. Sec. 648.80(a), (b), and (c) that restrict
the number of hooks that may be fished. Specifically, this vessel is
exempt only from hook restrictions that prohibit vessels from fishing
or possessing more than 2,000 rigged hooks in the GOM RMA, more than
3,600 rigged hooks in the GB RMA, more than 2,000 rigged hooks in the
SNE RMA, or more than 4,500 rigged hooks in the MA RMA. This vessel may
use up to 4,500 hooks within an inshore area and an unlimited number of
hooks in the rest of the sector area.
(7) Exemption from the DAS Leasing Program length and horsepower
restrictions (76 FR 23076, April 25, 2011). All sector vessels are
exempt from the requirement to use Northeast multispecies DAS to
harvest groundfish (Sec. 648.87(c)(2)(ii)(C)). However, sector vessels
have been allocated and must still use Northeast multispecies DAS for
specific circumstances, and may lease DAS to other sector vessels.
Vessels operating in a sector that requests this exemption in its
approved operations plan are exempt from the DAS Leasing Program length
and horsepower baseline restrictions on DAS leases among vessels within
the same or different sectors, as described at Sec. 648.82(k)(4)(ix).
(8) Exemption from the prohibition on discarding (76 FR 23076,
April 25, 2011). Regulations at Sec. 648.11(l)(9) prohibit a sector
vessel from discarding any legal-sized regulated species or ocean pout
allocated to sectors pursuant to Sec. 648.87(b)(1)(i). Vessels
operating in a sector that requests this exemption in its approved
operations plan are exempt from this regulatory requirement only when
there are unmarketable fish, defined as any legal-sized fish the vessel
owner/captain elects not to retain because of poor quality as a result
of damage prior to, or from, harvest. All legal-sized unmarketable
allocated fish are accounted for in the overall sector-specific discard
rates in the same way discards of undersized fish are accounted for
through ASM and/or EM coverage. All vessels in a sector opting for this
exemption will be required to discard legal-sized unmarketable fish at
sea on all trips (i.e., not just on select trips) to prevent the
potential to skew observed discards.
(9) Exemption from the trawl gear requirements in the Eastern U.S./
Canada Management Area (76 FR 23076, April 25, 2011). Vessels operating
in a sector that requests this exemption in its approved operations
plan are exempt from regulations at Sec. 648.85(a)(3)(iii) which
require Northeast multispecies vessels fishing with trawl gear in the
Eastern U.S./Canada Area to fish with a Ruhle trawl, a haddock
separator trawl, or a flounder trawl net.
(10) Exemption from the prohibition on a vessel hauling another
vessel's hook gear (77 FR 26129, May 2, 2012). Vessels operating in a
sector that requests this exemption in its approved operations plan may
haul the hook gear of another vessel operating in their sector. Each
member of the sector intending to haul the same gear will be required
to mark the gear must be marked consistent with the requirements at
Sec. Sec. 648.14(k)(6)(ii)(B) and 648.84(a). All vessels utilizing
community hook gear under this exemption will be jointly liable for any
violations associated with their hook gear.
(11) Exemption from the requirement to declare an intent to fish in
the Eastern U.S./Canada SAP and the Closed Area (CA) II Yellowtail
Flounder/Haddock SAP prior to leaving the dock (77 FR 26129, May 2,
2012). Vessels operating in a sector that requests this exemption in
its approved operations plan are exempt from the requirement to declare
that they will be fishing in either the Eastern U.S./Canada Haddock SAP
or the CA II Yellowtail Flounder/Haddock SAP prior to leaving the dock,
as specified in Sec. 648.85(a)(3)(ii). Because sector catch is limited
by ACE, DAS credit for trips in these SAPs is no longer necessary, and
vessels operating in a sector that request this exemption in its
approved operations plan may declare their intent to fish in these SAPs
while at sea.
(12) Exemption from seasonal restrictions for the Eastern U.S./
Canada Haddock SAP (78 FR 25591, May 2, 2013). Regulations at Sec.
648.85(b)(7)(iv) specify that an eligible vessel may fish in the
Eastern U.S./Canada Haddock SAP only from August 1 through December 31.
Vessels operating in a sector that requests this exemption in its
approved operations plan are partially exempt from regulations at Sec.
648.85(b)(7)(iv), and may fish in the Eastern U.S./Canada Haddock SAP
from May 1 through December 31.
(13) Exemption from seasonal restrictions for the CA II Yellowtail
Flounder/Haddock SAP (78 FR 25591, May 2, 2013). Regulations at Sec.
648.85(b)(3)(iii) specify that an eligible vessel may fish in the CA II
Yellowtail Flounder/Haddock SAP from July 1 through December 31 to
target yellowtail flounder and only from August 1 through January 31 to
target haddock. Vessels operating in a sector that requests this
exemption in its approved operations plan are exempt from the open
season and specific date restrictions allowing fishing only when the CA
II Yellowtail Flounder/Haddock SAP Area is open to target yellowtail or
haddock. The vessel may fish consistent with this exemption in the Area
to target yellowtail from July 1 through December 31, and to target
haddock from May 1 through January 31.
(14) Sampling exemption (78 FR 25591, May 2, 2013). Sectors may
propose independent sampling programs in their operations plans, in
which data would be collected from fish that otherwise must be
immediately discarded. Sectors granted this exemption have submitted
research plans with their operations plans, and have provided
information for all necessary information to support an independent
sampling program. Vessels operating in a sector that requests this
exemption in its approved operations plan are authorized to conduct
scientific research while fishing as outlined in the operations plan,
if accompanied by a research technician. As part of their research,
this vessel may temporarily retain fish that are not compliant with
applicable fishing regulations to collect catch data such as length and
weight. Sampled fish must be returned to sea as soon as practicable
after sampling. This
[[Page 56853]]
provision would be included in sector vessels' Letter of Authorization,
which will aid enforcement officials in determining approved
activities, with the same restrictions as when a temporary possession
permit is obtained through the application process.
(15) Exemption from the prohibition on combining small-mesh
exempted fishery and sector trips in SNE (82 FR 39363, August 18,
2017). Vessels operating in a sector that requests this exemption in
its approved operations plan are exempt from the minimum trawl mesh
size requirements described at Sec. 648.80(b)(2)(i) within the Sectors
Small Mesh Exemption Area. The Sectors Small Mesh Exemption Area
includes all of statistical areas 537, 539, and 613. Under this
exemption, vessels may possess and use small-mesh and large-mesh trawl
gear on a single trip within the SNE RMA with certain gear
modifications: drop chain sweep with a minimum of 12 inches (30.48 cm)
in length; a large-mesh belly panel with a minimum of 32-inch (81.28-
cm) mesh size; or an excluder grate secured forward of the codend with
an outlet hole forward of the grate with bar spacing of no more than
1.97 inches (5.00 cm) wide. Trips declaring this exemption must stow
their small-mesh gear according to the definition of ``not available
for immediate use'' at Sec. 648.2 and use their large-mesh gear first.
Upon completing the large-mesh portion of the trip, and before
unstowing their modified small mesh gear, the vessel must submit a
Multispecies Catch Report via vessel monitoring system (VMS) with a
good faith estimate of all catch on board at that time and must check
the box at the bottom of the report declaring the use of a smaller mesh
codend. Once the vessel sends the Multispecies Catch Report, it may not
fish outside the Sector Small Mesh Fishery Exemption Areas or redeploy
its large-mesh gear.
(16) Exemption from the extra-large mesh requirement to target
dogfish on trips excluded from ASM in SNE and Inshore GB Broad Stock
Areas (BSA) (81 FR 26412, May 2, 2016). Pursuant to at Sec.
648.11(l)(5)(ii), sector vessels that notify NMFS of their intent to
fish using gillnets with a mesh size of 10-inch (25.4-cm) or greater in
either the Inshore GB BSA, as defined at Sec. 648.10(k)(3)(ii), and/or
the SNE BSA, as defined at Sec. 648.10(k)(3)(iv), are not subject to
the coverage level for ASM specified in paragraph Sec.
648.11(l)(5)(i). While on a non-ASM sector groundfish trip, vessels
operating in a sector that requests this exemption in its approved
operations plan are approved to target dogfish using 6.5-inch mesh
gillnet gear within the footprint and season of either the Nantucket
Shoals Dogfish Exemption Area (June 1 through October 15), the Eastern
Area of the Cape Cod Spiny Dogfish Exemption Area (June 1 through
December 31), or the Southern New England Dogfish Gillnet Exemption
Area (May 1 through October 31). This exemption does not apply to EM
vessels. For vessels enrolled in an EM program, the EM system must be
operational on 100 percent of sector EM trips and the vessel operator
and crew must abide by the catch handling requirements described in the
vessel's vessel monitoring plan.
(17) Exemption from the requirement that Handgear A vessels carry a
VMS unit when fishing in a single BSA (82 FR 18706, April 21, 2017).
Vessels operating in a sector that requests this exemption in its
approved operations plan are exempt from the regulations at Sec.
648.14(k)(9)(i) that require Handgear A permit vessels operating south
of the GOM RMA (defined at Sec. 648.80(a)(1)), to declare the vessel
operator's intent to fish in this area via VMS. This exemption does not
waive requirements to carry or report using a VMS unit when fishing in
multiple BSA's, in the U.S/Canada Management Areas, or under any other
requirements associated with using other sector exemptions or
participating in SAPs.
(18) Exemption from the limits on the number of gillnets for Day
gillnet vessels in the GOM (83 FR 18965, May 1, 2018). Vessels
operating in a sector that request this exemption in its approved
operations plan are partially exempt from the regulations at Sec.
648.80(a)(3)(iv)(B)(2). The exemption allows sector vessels to fish up
to 150 gillnets, provided at least 50 nets are 10-inch (25.4-cm) or
larger mesh and those nets are fished east of 70 degrees West
longitude. The 100-flatfish tied down net limit still applies in the
portion of the GOM RMA west of 70 degrees West longitude. This
exemption does not change the 50-roundfish or ``stand up'' net limit in
the GOM RMA. Day gillnet vessels using this exemption are required to
tag each roundfish net with two gillnet tags and each flatfish or
``tied down'' net with a single gillnet tag (Sec.
648.80(a)(3)(iv)(B)(4)). This exemption does not change the 160 net
limit of stowed and deployed nets combined.
NMFS may revoke exemptions in-season if: (1) it determines that the
exemption jeopardizes management measures, FMP objectives, or
rebuilding efforts; (2) the exemption results in unforeseen negative
impacts on other managed fish stocks, habitat, or protected resources;
(3) the exemption causes enforcement concerns; (4) catch from trips
using the exemption cannot be adequately monitored; or (5) a sector is
not meeting certain administrative or operational requirements. If it
becomes necessary to revoke an exemption, NMFS will do so through a
process consistent with the existing regulations or in a separate
rulemaking action, as appropriate.
Sector Reporting Requirements
Framework 69 proposes to remove the regulation at Sec.
648.87(b)(2) requiring sectors to include a list of all Federal and
State permits held by participating vessels as part of a complete
operations plan and sector contract package, as originally established
in Amendment 16. Other requirements would still apply. The intent of
removing this regulation is to reduce the administrative burden on
sectors, without negatively affecting the availability of information
for analyzing the impacts of sectors.
In addition, NMFS proposes to remove the regulation at Sec.
648.87(b)(1)(v)(B) requiring sectors to submit a weekly catch report to
NMFS. In the weekly catch report, sectors provide the remaining balance
of ACE allocated to their sector. The weekly report frequency must
increase (e.g., to daily) when the balance of remaining ACE is low, as
specified in the sector operations plan and approved by NMFS. Amendment
23 established that the Greater Atlantic Regional Administrator may
revise sector reporting requirements to streamline reporting for the
industry. With the implementation of electronic reporting, NMFS
receives catch and landing data simultaneously to sector managers, and
weekly and daily reports from managers are no longer needed to track
the most up-to-date ACE information. The intent of removing these
reporting requirements is to reduce the administrative burden on
sectors, without negatively affecting the availability of information
for NMFS or sector managers to monitor ACE. Sector managers submit
reports and view catch and ACE information for their sectors in a
secure web-portal operated by NMFS. NMFS is upgrading this system to
eliminate the need for the weekly or more frequent reports.
Sector Allocations for Fishing Year 2025
The proposed sector allocations in this rule are based on the 2025
catch limits for stocks recommended by the Council in Framework 69,
with the exception of the four Atlantic cod stocks, and the catch
limits for GB cod and GOM cod set by the emergency rule. NMFS
calculates the sector's allocation
[[Page 56854]]
for each stock by summing its members' PSCs for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. This rule includes the allocations, to the nearest
pound, to each sector based on their 2025 rosters. NMFS uses final
allocations, along with later adjustments including ACE transfers,
reductions for overages, or increases for carryover, monitor sector
catch.
Table 12 shows the projected total PSCs for each sector, by stock,
for fishing year 2025 based on 2025 sector rosters. Tables 13 and 14
show the proposed allocations that each sector would be allocated, in
pounds (lb) and mt, respectively, for fishing year 2025. The proposed
common pool sub-ACLs are also included in table 13 and 14 for
comparison. Although this rule does not propose specifications for GB
cod and GOM cod, the sector allocations for those two stocks are
included in tables 13 and 14 for completeness and to show adjustments
based on changes in sector rosters since the publication of the
emergency rule.
Instead of assigning separate PSCs for the eastern GB cod or
eastern GB haddock, a PSC is assigned to each permit for the GB cod
stock and GB haddock stock. Each sector's GB cod and GB haddock
allocations are then divided into an eastern ACE and a western ACE,
based on each sector's percentage of the GB cod and GB haddock ACLs.
For example, if a sector is allocated 4 percent of the GB cod ACL, the
sector is allocated 4 percent of the commercial eastern GB cod TAC as
its eastern GB cod. The eastern GB haddock allocations are determined
in the same way. These amounts are then subtracted from the sector's
overall GB cod and haddock allocations to determine its western GB cod
and haddock ACEs. A sector may harvest its eastern GB cod and haddock
ACEs only in the Eastern U.S./Canada Area. A sector may also
``convert,'' or transfer, its eastern GB cod or haddock allocation into
western GB allocation and harvest that converted ACE outside the
eastern GB geographic area.
Each sector is required to ensure that it does not exceed its ACE
during the fishing year. Sector vessels are required to retain all
legal-sized allocated Northeast multispecies stocks, unless a sector is
granted an exemption allowing its member vessels to discard legal-sized
unmarketable fish at sea (see above). Catch (defined as landings and
discards) of all allocated Northeast multispecies stocks by a sector's
vessels counts against the sector's allocation. Groundfish catch from a
sector trip targeting non-groundfish species will be deducted from the
sector's ACE, because these are groundfish trips using gear capable of
catching groundfish. Catch from a non-sector trip in an exempted
fishery does not count against a sector's allocation and is assigned to
a separate ACL sub-component to account for any groundfish bycatch that
occurs in non-groundfish fisheries.
NMFS expects final 2024 catch information for sectors to be ready
in late-summer 2025. To reduce or eliminate any fishing year 2024
overages, NMFS will allow sectors to trade fishing year 2024 ACE for 2
weeks after completion of the year-end catch accounting. Each year,
NMFS notifies the Council and sector managers of this deadline in
writing and announces its final ACE determination at: <a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a>. If necessary,
NMFS will reduce any sector's fishing year 2025 allocation to account
for a remaining overage in fishing year 2024.
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Common Pool Management Measures
Common Pool Trip Limits
For the Handgear B permit, Framework 69 proposes a change to how
trip limits could be set using Regional Administrator authority.
Current regulations at Sec. 648.88(a)(1) specify a baseline trip limit
for cod of 75 lb (34 kilograms (kg)) per trip and a formulaic method
for reducing that trip limit in a proportional manner to the
corresponding DAS limit for either the GOM or GB stocks of cod. This
action would eliminate the formulaic proportional method for adjusting
trip limits for the Handgear B permit and would instead provide for
setting Handgear B trip limits in a manner consistent with trip limits
for other permits, up to a maximum of 75 lb (34 kg) per trip. This was
developed as part of the Council's action to change from two to four
cod stocks. However, the purpose and function of this change applies
equally to either two or four stocks; therefore, it is proposed in this
action.
For Small Vessel Category permits, this action would clarify that
these vessels are subject to limits for stocks below the 300-lb (136-
kg) combined trip limit for cod, haddock, and yellowtail flounder. For
example, if the A DAS limit for the GOM cod stock is 50 lb (22.7 kg)
per DAS, then Small Vessel Category permitted vessels would have a
limit of 50 lb (22.7 kg) per trip, within the overall combined limit of
300 lb (136.1 kg) for cod, haddock and yellowtail flounder.
This action proposes changes under section 305(d) authority in the
Magnuson-Stevens Act to the regulations in Sec. 648.86 that implement
possession limits for the Northeast multispecies fishery. The current
structure of Sec. 648.86 describes Northeast multispecies possession
limits in species-by-species manner, but is at times unfocused and
inefficiently laid out. In order to improve the readability and make
the possession limit regulations easier for the public and fishing
industry to understand, this action proposes a restructuring of Sec.
648.86 that organizes trip limits by permit category, and in a tabular
format. These proposed changes also consolidate possession and trip
limits found in other sections (for example, Handgear A category limits
currently at Sec. 648.82(b)(6)) into Sec. 648.86 in order to place
these regulations more predictably.
In conjunction with these changes under section 305(d) authority of
the Magnuson-Stevens Act, this action would implement trip limits for
stocks pursuant to Regional Administrator authority to implement or
adjust trip limits that enable common pool catch of each stock to
approach, but not exceed, the pertinent sub-ACL allocated to the common
pool for the fishing year. Currently, the regulation implementing this
authority is at Sec. 648.86(o), and this action proposes to move that
regulation to Sec. 648.85(a)(5). Table 15 below summarizes proposed
fishing year 2025 common pool trip limits for all stocks.
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BILLING CODE 3510-22-C
Differential DAS Counting for Common Pool Vessels
This action proposes changes under section 305(d) authority in the
Magnuson-Stevens Act to the regulations in Sec. 648.82 that describe
the differential DAS counting AM for the common pool. The regulations
at Sec. 648.82(n)(1) describe a differential DAS counting AM that, in
fishing years 2010 and 2011, specified a process and conditions for the
Regional Administrator to exercise Magnuson-Stevens Act section 305(d)
authority to adjust the rates at which DAS would be charged to common
pool vessels, if NMFS projected that any of the sub-ACLs specified for
common pool vessels would be exceeded or underharvested. Because this
AM applied only to fishing years 2010 and 2011, it is proposed for
removal. References to differential DAS counting would also be removed
from other sections in Subpart F.
Regulations at Sec. 648.82(o) provide the Regional Administrator
with the discretion to implement differential DAS counting beyond
fishing year 2011. This authority has gone unused since fishing year
2011. Instead, the common pool is managed by adjusting possession
limits and the trimester TAC AMs.
[[Page 56860]]
Framework 69 proposes to remove the regulations providing this
discretion to the Regional Administrator.
Recreational Management Measures
Under the provisions at Sec. 648.89(f)(3), Northeast multispecies
fishery regulations include proactive recreational AMs to ensure that
the recreational sub-ACL for recreational stocks with a sub-ACL is
achieved, but not exceeded. For the proactive AMs, the Regional
Administrator, in consultation with the Council, develops and
implements recreational management measures for the upcoming fishing
year, including minimum fish size, bag limit, season, and/or other
measures. The FMP also includes reactive AMs to correct the cause or
mitigate the effects of an overage, if one occurs.
This rule proposes adjusting GOM haddock recreational measures
based on the proposed Framework 69 sub-ACL for fishing year 2025 and
the Council's recommended management measures (see table 16). NMFS
proposes to reduce the minimum size from 18 inches (45.7 cm) to 17
inches (43.2 cm), maintain a possession limit of 15 fish per angler,
and maintain the open seasons of May 1-February 28 or 29, and April 1-
30.
The Council recommended recreational measures for Western Gulf of
Maine (WGOM) cod--one of the new stocks considered under Amendment 25.
However, with the disapproval of Amendment 25, NMFS cannot implement
these measures as recommended, but may still meet the conservation and
management goals of the proposed measures as applied to the existing
GOM cod stock. Therefore, for the existing GOM cod stock, NMFS proposes
to add the open season of May 1-May 31 to the current open season of
September 1-October 31. Other current recreational measures for GOM cod
(minimum size of 23 inches (58.4 cm) and possession limit of one fish
per angler) would be maintained. The proposed measures are equivalent
in purpose and effect to those the Council recommended for WGOM cod.
The proposed measures are expected to adequately constrain
recreational catch of GOM haddock and GOM cod based on the bio-economic
model estimates. The recreational sub-ACL considered under this
proposed rule (currently implemented through the emergency action) is
higher than the recreational sub-ACL used by the Council to consider
WGOM recreational cod measures. Therefore, it is reasonable to apply
the more conservative WGOM analysis to the GOM cod stock. The
explanation that follows applies to the GOM cod stock despite its
reference to the WGOM cod stock due to the analysis having been
conducted for the potential WGOM cod stock.
To develop its recommendations, the Council considered projected
recreational GOM haddock and WGOM cod removals based on several
management measures scenarios. The scenarios included combinations of
minimum fish sizes, possession limits, and closed seasons for GOM
haddock and WGOM cod using a newly developed decision support tool
(DST) created by the Northeast Fisheries Science Center.
The DST allowed the public and managers to input potential
management measures for GOM haddock and WGOM cod simultaneously to
estimate (based on the bio-economic model) how different measures would
perform relative to the goal of the proactive AM. The DST considers
measures for GOM haddock and WGOM cod in conjunction, because cod are
commonly caught while recreational participants are targeting haddock,
linking the catch and effort for each stock to the other. The DST draws
from a distribution of: (1) fishing year 2024 Marine Recreational
Information Program (MRIP) catch-per-trip; (2) fishing year 2024 MRIP
catch-at-length adjusted for the projected size distribution of the
stock in fishing year 2025; and (3) angler trip costs and
characteristics from a survey of anglers. The DST provides the percent
probability that the inputted measures constrain GOM haddock and WGOM
cod catch to below the sub-ACL. Measures that result in model-estimated
percent probability of 50 percent or less are generally considered
unsatisfactory.
Recreational measures for GB cod were set by the May 1, 2025,
emergency action, and are not proposed to change in this action.
[GRAPHIC] [TIFF OMITTED] TP08DE25.016
Catch Thresholds for Scallop Fishery Accountability Measures
As a result of historically high levels of bycatch of flounder by
the scallop fishery, the scallop fishery has sub-ACLs for several
flatfish stocks: GB yellowtail flounder; SNE yellowtail flounder;
northern windowpane flounder; and southern windowpane flounder. If the
scallop fishery exceeds its sub-ACL for any stock, it is subject to AMs
that, in general, restrict the scallop fishery in seasons and areas
with high encounter rates for this stock. Currently, the scallop
fishery is subject to AMs for these stocks if either: (1) the scallop
fishery exceeds its sub-ACL and the total ACL is exceeded; or (2) the
scallop fishery exceeds its sub-ACL by 50 percent or more. Previous
[[Page 56861]]
frameworks have temporarily removed the second catch threshold for GB
yellowtail flounder and northern windowpane flounder for select years.
This was most recently done in Framework 66, which removed the second
catch threshold for GB yellowtail founder for fishing years 2024 and
2025.
Framework 69 proposes to permanently remove the second catch
threshold for GB yellowtail flounder and northern windowpane flounder,
so that the scallop AMs for these two stocks would be implemented only
if scallop fishery catch exceeds its sub-ACL by any amount and the
total ACL is also exceeded. The second catch threshold would remain in
place for the other two flatfish stocks with a scallop sub-ACL (SNE
yellowtail flounder and southern windowpane flounder). This change is
proposed to apply to overages caused by catch occurring in the 2025
fishing year, and would not affect any AMs due to previous years'
overages.
In recent years, a significant portion of the overall ACLs for GB
yellowtail flounder and northern windowpane flounder have remained
uncaught as groundfish vessels have reduced their catch and avoided the
stock. If catch leads to exceeding the total ACL, the appropriate AM
(depending on the fishery or fisheries that contributed to the overage)
would be put in place to prevent subsequent ACL overages and correct
the cause of the overage. This measure is intended to provide the
scallop fishery with flexibility to adjust to current catch conditions
and better achieve optimum yield while still providing an incentive to
avoid yellowtail flounder and northern windowpane flounder.
AMs are management controls to prevent ACLs, including sub-ACLs,
from being exceeded, and to correct or mitigate overages of the ACL if
they occur. AMs should address and minimize both the frequency and
magnitude of overages and correct the problems that caused the overage
in as short a time as possible. If an ACL is exceeded, AMs are
implemented as soon as possible to correct the operational issue that
caused the ACL overage, as well as any biological consequences to the
stock resulting from the overage when it is known.
NMFS has concerns about the proposed permanent removal of the
second catch threshold for these two stocks. In recent years, the
scallop fishery has substantially exceeded its sub-ACL for northern
windowpane (e.g., in 2023, the scallop fishery caught 398 percent of
its sub-ACL), even in fishing years when the scallop fishery's northern
windowpane AM was in place. This indicates that either the AM is not
effectively reducing the scallop fishery's catch of northern windowpane
flounder, that the scallop fishery's sub-ACL is set unrealistically
low, or both. The removal of the second catch threshold would reduce
the likelihood that the AM would be implemented, without correcting for
the conditions that are causing the scallop fishery to exceed its sub-
ACL.
Clarifying Regulatory Changes
This action would also make multiple changes to clarify, correct,
or remove existing regulations necessary to effectively implement the
FMP. As part of the development of Framework 69, many of these changes
were considered as part of the effort to accommodate four stocks of
Atlantic cod, which required NMFS' thorough review of the existing
regulations. These changes would still apply regardless of the Atlantic
cod stock structure.
This action would remove an out-of-date definition for ``stocks
targeted by default measures'' from Sec. 648.2 (Definitions). It would
also add the missing phrase of ``it is unlawful'' to several parts of
Sec. 648.14(k) (Prohibitions), and update this section to reflect the
proposed reorganization of other sections in Subpart F. This action
would also reimplement a prohibition on failing to comply with seasonal
recreational closures; this is not a new requirement, but the
corresponding prohibition had been erroneously removed in a previous
action.
This action proposes to revise Sec. 648.82 to include effort
controls for both limited access permits (currently already in that
section) and open access permits (currently in Sec. 648.88) for
consistency and clarity. This proposed revision does not change the
effort controls themselves. Any possession limits that were previously
described in Sec. 648.82 and Sec. 648.88 would be moved to Sec.
648.86, where other Northeast multispecies possession limits are
described.
This action proposes to revise Sec. 648.85, ``Special management
programs,'' to clarify that common pool vessels fishing in special
management programs or special access programs (which have their own
set of possession limits) are also constrained by the possession limits
more generally set for common pool vessels in Sec. 648.86.
As described more fully under the Common Pool Trip Limits heading,
this action proposes to revise Sec. 648.86, ``NE multispecies
possession restrictions,'' to be organized based on permit-type, rather
than by species. It also would update the common pool possession and
trip limits for stocks to reflect fishing year 2025 limits. This action
also would remove the regulation from Sec. 648.86 that requires
vessels not using VMS to request a letter of authorization to be exempt
from the GOM cod landing limits when fishing outside of the GOM cod
stock area, as that measure is obsolete.
This action proposes several minor changes in Sec. 648.87,
``Sector allocation,'' clarifying that in the case of overages, sector
ACE, rather than PSC, is reduced. As permits are relinquished from one
fishing year to the next, the PSCs are minutely adjusted so that the
cumulative sum of PSCs remains 100 percent. However, the ACE associated
with that PSC change based on shifts in quotas. An overage would
require ACE payback, not a reduction in PSC.
Currently, stock area definitions for the Northeast multispecies
stocks are found in either Sec. 648.85 or Sec. 648.87. This action
proposes to consolidate those definitions into Sec. 648.88. These
areas are not changing, although the description of unit stocks such as
pollock and redfish (i.e., species that have a single stock area) would
be updated to be consistent between stocks.
In Sec. 648.89, ``Recreational and charter/party vessel
restrictions,'' a paragraph that was inadvertently removed in a
previous action is reimplemented to allow recreational vessels in
possession of cod or haddock that meet the possession limit, minimum
size, and open season specified for one stock area to transit the other
stock areas with that fish, as long as the vessel complies with certain
stowage requirements.
Lastly, this action proposes to revise Sec. 648.90, ``NE
multispecies assessment, framework procedures and specifications, and
flexible area action system'' to be organized to more clearly reflect
how the ABC is distributed between portions of the fishery. It does not
make changes to this process, only the order presented in the
regulations.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the FMP, Framework 69, provisions
of the Magnuson-Stevens Act, and other applicable law, subject to
further consideration after public comment. In making the final
determination, the Regional Administrator will consider whether the
data, views, and comments
[[Page 56862]]
received during the public comment period for this action.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this rule is not
significant under Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603). The IRFA describes the economic
impact that this proposed rule would have on small entities, including
small businesses, and also determines ways to minimize these impacts.
The IRFA includes this CLASSIFICATION and the Summary of Proposed
Measures sections of this proposed rule and analyses contained in
Framework 69 and its accompanying Environmental Assessment/Regulatory
Impact Review/IRFA. A copy of the full analysis is available from the
Council (see ADDRESSES). A summary of the IRFA follows.
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
This action proposes management measures, including annual catch
limits, for the Northeast multispecies fishery in order to prevent
overfishing, rebuild overfished groundfish stocks, and achieve optimum
yield in the fishery, as required by the Magnuson-Stevens Act. A
complete description of the action, why it is being considered, and the
legal basis for this action are contained in Framework 69 (for measures
specific to the Council's Framework 69), and in the SUPPLEMENTARY
INFORMATION section of this proposed rule under the Summary of Proposed
Measures heading (for measures specific to Framework 69, as well as
measures that are separate from Framework 69, including the approval of
sector operations plans and allocations, recreational measures, and
common pool measures), and are not repeated here.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
This proposed rule would impact the commercial and recreational
groundfish, Atlantic sea scallop, small-mesh multispecies, Atlantic
herring, and large-mesh non-groundfish fisheries. Individually
permitted vessels may hold permits for several fisheries, harvesting
species of fish that are regulated by several different FMPs, beyond
those impacted by the proposed action. 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 RFA
analysis, the ownership entities, not the individual vessels, are
considered to be the regulated entities.
As of June 1, 2024, NMFS had issued 669 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history (CPH)), 719 party/charter groundfish
permits, 696 limited access and general category Atlantic sea scallop
permits, 761 small-mesh multispecies permits, 71 Atlantic herring
permits, and 743 large-mesh non-groundfish permits (i.e., limited
access summer flounder and scup permits). Therefore, this action
potentially regulates 3,659 permits. When accounting for overlaps
between fisheries, this number reduces to 2,144 permitted vessels. Each
vessel may be individually owned or part of a larger corporate
ownership structure and, for RFA purposes, it is the ownership entity
that is ultimately regulated by the proposed action. Ownership entities
are identified on June 1st of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Greater Atlantic Region Federal fishing permit. The
current ownership data set is based on calendar year 2023 permits and
contains gross sales associated with those permits for calendar years
2019 through 2023.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see Sec. 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The determination as to whether the
entity is large or small is based on the average annual revenue for the
five years from 2019 through 2023. The Small Business Administration
(SBA) has established size standards for all other major industry
sectors in the U.S., including for-hire fishing (NAICS code 487210).
These entities are classified as small businesses if combined annual
receipts are not in excess of $8.0 million for all of an entity's
affiliated operations. As with commercial fishing businesses, the
annual average of the three most recent years (2019-2023) is utilized
in determining annual receipts for businesses primarily engaged in for-
hire fishing.
Based on the ownership data, 1,648 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,648 business entities identified could be directly regulated by this
proposed action. Of these 1,648 entities, 891 are commercial fishing
entities, 326 are for-hire entities, and 431 did not have revenues
(were inactive in 2023). Of the 891 commercial fishing entities, 881
are categorized as small entities and 10 are categorized as large
entities, per the NMFS guidelines. Furthermore, 412 of these commercial
fishing entities held limited access groundfish permits, with 408 of
these entities being classified as small businesses and 4 of these
entities being classified as large businesses. All 326 for-hire
entities are categorized as small businesses.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
The proposed action does not contain any new collection-of-
information requirements under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), but it does remove three existing requirements.
This action proposes to remove the regulation requiring sectors to
provide a list of State and Federal permits owned by its members, the
regulation requiring sectors to submit weekly catch reports, and the
regulation requiring vessels not using VMS to request a letter of
authorization to be exempt from the GOM cod landing limits when fishing
outside of the GOM cod stock area, which will no longer exist. The
removal of these requirements and PRA implications is described more
fully below.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
The proposed action does not duplicate, overlap, or conflict with
any other Federal rules.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The economic impacts of each proposed measure are discussed in more
detail in sections 6.5 and 7.12 of the draft Framework 69 Environmental
Assessment (see ADDRESSES) and are not repeated here. The EA also
included the economic impact of measures relating to
[[Page 56863]]
the four stocks of cod, which are not proposed in this rule, due to the
disapproval of Amendment 25. Additionally, a supplemental information
report was prepared to support the May 2, 2025, emergency action, which
is the current status quo and represents the No Action alternative if
the measures proposed in this rule are not approved. The Council
considered only the No Action alternative and the measures proposed in
this rule. The Council develops ``ACLs for each of its managed
fisheries that may not exceed the `fishing level recommendations' of
its SSC or peer review process'' (16 U.S.C. 302(h)(6); see also 50 CFR
600.310(b)(2)(v)(D)). The proposed catch limits (ABCs and associated
ACLs) in this action are the least restrictive as practicably could be
set without exceeding the SSC's advice, as required pursuant to the
Magnuson-Stevens Act, were recommended by the Council consistent with
previously set formulas, and are consistent with the Magnuson-Stevens
Act's requirement to prevent overfishing. The No Action alternative for
catch limits no longer reflects the best scientific information
available and is therefore not consistent with National Standard 2 of
the Magnuson-Stevens Act. Under the provisions of the Magnuson-Stevens
Act, on behalf of the Secretary of Commerce, GARFO's Regional
Administrator approves, disapproves, or partially approves measures
that the Council recommends, based on consistency with the Act and
other applicable law. The proposed action is predicted to generate
$34.7 million in gross revenues for the sector portion of the
commercial groundfish trips. Relative to the status quo under the
emergency action, this is approximately $1.3 million more gross
revenue, and therefore the overall proposed action is predicted to
result in positive impacts relative to No Action. However, the proposed
action is predicted to result in $7.0 million less than the amount of
gross revenues generated in fishing year 2023. Small entities engaged
in common pool groundfish fishing are expected to be positively
impacted by the proposed action, relative to the No Action alternative.
Small entities engaged in the recreational groundfish fishery are
likely to be positively impacted by the increase in the GOM haddock
sub-ACL. The proposed recreational measures for GOM cod and GOM haddock
are expected to have a positive effect on small entities, because they
are expected to increase opportunity to harvest GOM cod and GOM haddock
compared to status quo measures. The proposed modification to the
scallop fishery's AM catch threshold for GB yellowtail flounder and
northern windowpane flounder will reduce the likelihood of negative
impacts to the scallop fishery. The proposed action reduces the
allocation of GB haddock to the midwater trawl fishery relative to
fishing year 2024, but increases the allocation of GOM haddock, and
increases the allocation of GB yellowtail flounder to the small-mesh
multispecies fishery. Given that utilization rates for all three stocks
by these fisheries have been low in recent years, these fisheries are
not expected to be negatively impacted by these changes.
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the PRA. This rule is requesting an extension to and a
revision of the existing requirements for the collection of information
0648-0605, Northeast Multispecies Reporting Requirements, by removing
the regulation that requires sectors to report ACE on a weekly basis;
removing the regulation that provides an option for sectors increase
the frequency of ACE reporting for sectors when the balance of
remaining ACE is low, as specified in the sector operations plan and
approved by NMFS; and removing the regulation that requires sectors to
include in their operations plan a list of all Federal and State
permits held by persons participating in the sector, including an
indication for each permit whether it is enrolled and will actively
fish in a sector, or will be subject to the provisions of the common
pool. Removing these requirements reduces the burden hours for
reporting by sectors by 0.2 hours per response for the removal of the
regulation to report ACE on a weekly basis, and by 33 hours per
response for the removal of the regulation to include a list of
permits. These changes will not affect the number of respondents or
anticipated number of responses.
Public reporting burden for sector operations plan and membership
list updates is estimated to average 77 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Public reporting burden for sector
weekly reports is estimated to average 0.1 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
This proposed rule would also remove the regulation requiring
vessels not using VMS to request a letter of authorization to be exempt
from the GOM cod landing limits when fishing outside of the GOM cod
stock area. This would result in a change to the collection of
information 0648-0202, Greater Atlantic Region Permit Family of Forms.
The removal of this regulation would reduce the public reporting burden
by approximately 0.085 hours per response.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping, and reporting requirements.
Dated: December 1, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, remove the definition ``Stocks targeted by the
default measures''.
0
3. Amend Sec. 648.11 by revising paragraphs (l)(8) and (l)(10)(iii) to
read as follows:
Sec. 648.11 Monitoring coverage.
* * * * *
(l) * * *
[[Page 56864]]
(8) Notification of monitoring service provider change. A sector
manager must first inform NMFS in writing in advance of the effective
date of any change in the sector's choice of approved monitoring
service providers used to provide at-sea or electronic monitoring
services required in paragraph (l)(2) of this section. A sector may use
more than one approved monitoring service provider at any time,
provided any monitoring service provider employed by or contracted with
a sector meets the standards specified in paragraph (b)(4) of this
section.
* * * * *
(10) * * *
(iii) Sector requirements. Each sector shall monitor its vessels'
catch to ensure that ACEs are not exceeded during the fishing year, as
specified in this paragraph (l)(10)(iii). The sector shall summarize
trips validated by dealer reports; oversee the use of electronic
monitoring equipment and review of associated data; maintain a database
of VTR, dealer, observer, and electronic monitoring reports; determine
all species landings by stock areas; apply discard estimates to
landings; and deduct catch from ACEs allocated to sectors; and report
sector compliance/enforcement issues on a weekly basis to NMFS, as
required in Sec. 648.87(b)(1)(v). Unless otherwise specified in this
paragraph (l)(10), all catches of stocks allocated to sectors by
vessels on a sector trip shall be deducted from the sector's ACE for
each regulated species stock regardless of the fishery the vessel was
participating in when the fish was caught. For the purposes of this
paragraph (l)(10), any regulated species or ocean pout caught using
gear capable of catching NE multispecies (i.e., gear not listed as
exempted gear under this part) would be deducted from a sector's ACE if
such catch contributed to the specification of PSC, as described in
Sec. 648.87(b)(1)(i)(E), and would not apply to another ACL sub-
component pursuant to Sec. 648.90(a)(4). For example, any regulated
species or ocean pout landed while fishing for or catching skates or
monkfish pursuant to the regulations in this chapter for those
fisheries would be deducted from the sector's ACE for each stock
because such regulated species or ocean pout were caught while also
operating under a NE multispecies DAS. However, for example, if a
sector vessel is issued a limited access General Category Atlantic Sea
Scallop permit and fishes for scallops under the provisions specific to
that permit, any yellowtail flounder caught by the vessel on such trips
would be deducted from the appropriate non-groundfish component, such
as the other sub-component or the appropriate yellowtail flounder
stock's ACL specified for the Atlantic Sea Scallop fishery and not from
the yellowtail flounder ACE for the sector.
* * * * *
0
4. Amend Sec. 648.14 as follows:
0
a. Remove and reserve paragraph (k)(9)(i);
0
b. Revise paragraphs (k)(11)(i)(A) introductory text and (B),
(k)(11)(ii), (iii) introductory text, (iv) introductory text, (v)
introductory text, and (vi), (k)(12)(ii), (iii) introductory text, (v)
introductory text, (vi)(A) introductory text and (B) introductory text,
and paragraph (k)(13)(ii) introductory text;
0
c. Remove paragraphs (k)(13)(ii)(D) through (H) and redesignate
paragraphs (k)(13)(ii)(I) and (J) as (k)(13)(ii)(D) and (E),
respectively;
0
d. Revise paragraph (k)(15)(i) introductory text;
0
e. Remove paragraph (k)(15)(i)(C);
0
f. Revise paragraph (k)(15)(ii)(A)(4);
0
g. Remove paragraph (k)(15)(ii)(A)(5); and
0
h. Revise paragraphs (k)(16)(iii)(A) and (C).
The revisions are to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(11) * * *
(i) * * *
(A) All Persons. It is unlawful for any person to do any of the
following:
* * * * *
(B) Vessel and operator permit holders. It is unlawful for any
person to fail to comply with the GB yellowtail flounder trip limit
specified under Sec. 648.85(a)(3)(iv)(C).
(ii) Gear requirements for all persons. It is unlawful for any
person, if fishing with trawl gear under a NE multispecies DAS or on a
sector trip in the Eastern U.S./Canada Area defined in Sec.
648.85(a)(1)(ii), to fail to fish with a haddock separator trawl,
flounder trawl net, or Ruhle trawl, as specified in Sec.
648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), unless using other gear
authorized under Sec. 648.85(b)(6) or (8).
(iii) Notification and VMS requirements for all persons. It is
unlawful for any person to do any of the following:
* * * * *
(iv) Reporting requirements for all persons. It is unlawful for any
person to do any of the following:
* * * * *
(v) DAS. It is unlawful for any person to do any of the following:
* * * * *
(vi) Closure of the U.S./Canada Area for all persons. It is
unlawful for any person if fishing under a NE multispecies DAS or on a
sector trip, to declare into, enter, or fish in the Eastern U.S./Canada
Area specified in Sec. 648.85(a)(1) if the area is closed under the
authority of the Regional Administrator as described in Sec.
648.85(a)(3)(iv)(D) or (E), unless fishing in the Closed Area II
Yellowtail Flounder/Haddock SAP specified in Sec. 648.85(b)(3) or the
Eastern U.S./Canada Haddock SAP Program specified in Sec.
648.85(b)(7).
(12) * * *
(ii) General restrictions for vessel and operator permit holders.
It is unlawful for any person to discard legal-sized NE regulated
multispecies, ocean pout, or Atlantic halibut while fishing under a
SAP, as described in Sec. Sec. 648.85(b)(3)(xi) or 648.85(b)(7)(v)(I).
(iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions
for all persons. It is unlawful for any person to do any of the
following:
* * * * *
(v) Regular B DAS Program restrictions for vessel and operator
permit holders. It is unlawful for any person to do any of the
following:
* * * * *
(vi) * * *
(A) All Persons. It is unlawful for any person to do any of the
following:
* * * * *
(B) Vessel and operator permit holders. It is unlawful for any
person to do any of the following:
* * * * *
(13) * * *
(ii) Vessel and operator permit holders. It is unlawful for any
person to do any of the following:
* * * * *
(15) * * *
(i) All persons. It is unlawful for any person to do any of the
following:
* * * * *
(ii) * * *
(A) * * *
(4) Fish for, possess, or land NE multispecies from March 1 to
March 20, as specified in Sec. 648.82(m)(1)(ii).
* * * * *
(16) * * *
(iii) * * *
(A) Fail to comply with the applicable restrictions if transiting a
stock area with cod or haddock on board that was caught from a
different stock area, as specified in Sec. Sec. 648.89(b)(2)(ii) and
(c)(8).
* * * * *
(C) If the vessel is a private recreational fishing vessel, fail to
[[Page 56865]]
comply with the seasonal closure for cod or haddock described in Sec.
648.89(c)(1) or, if the vessel has been issued a charter/party permit
or is fishing under charter/party regulations, fail to comply with the
seasonal closure for cod or haddock described in Sec. 648.89(c)(2).
* * * * *
0
5. Amend Sec. 648.82 as follows:
0
a. Revise the section heading at Sec. 648.82;
0
b. Add paragraph heading for paragraph (a) introductory text;
0
c. Revise paragraph heading of paragraph (b) introductory text;
0
d. Revise paragraphs (b)(5) and (6), (d)(1)(iv)(A) and (B),
(d)(2)(i)(B)(4)(i), and (d)(2)(ii)(B)(4)(i);
0
e. Add paragraph (e)(1)(ii);
0
f. Revise paragraph (e)(3);
0
g. Add paragraph (m);
0
h. Remove and reserve paragraph (n)(1);
0
i. Revise paragraph (n)(2) introductory text;
0
j. Remove paragraph (o).
The revisions and additions read as follows:
Sec. 648.82 Effort-control program for NE multispecies vessels.
* * * * *
(a) Limited access NE multispecies vessels. * * *
* * * * *
(b) Limited access permit categories. * * *
* * * * *
(5) Small Vessel category. A vessel qualified and electing to fish
under the Small Vessel category may operate without using a DAS,
provided the vessel does not exceed the possession restrictions
specified at Sec. 648.86(a)(2). The vessel may not fish for, possess,
or land regulated species from March 1 through March 20 of each year,
as described in paragraph (g) of this section. Any vessel may elect to
switch into the Small Vessel category, as provided in Sec.
648.4(a)(1)(i)(I)(2), if the vessel meets or complies with the
following:
(i) The vessel is 30 ft (9.1 m) or less in length overall, as
determined by measuring along a horizontal line drawn from a
perpendicular raised from the outside of the most forward portion of
the stem of the vessel to a perpendicular raised from the after most
portion of the stern.
(ii) If construction of the vessel was begun after May 1, 1994, the
vessel must be constructed such that the quotient of the length overall
divided by the beam is not less than 2.5.
(iii) Acceptable verification for vessels 20 ft (6.1 m) or less in
length shall be U.S. Coast Guard documentation or State registration
papers. For vessels over 20 ft (6.1 m) in length overall, the
measurement of length must be verified in writing by a qualified marine
surveyor, or the builder, based on the vessel's construction plans, or
by other means determined acceptable by the Regional Administrator. A
copy of the verification must accompany an application for a NE
multispecies permit.
(iv) Adjustments to the Small Vessel category requirements,
including changes to the length requirement, if required to meet
fishing mortality goals, may be made by the Regional Administrator
following framework procedures of Sec. 648.90.
(6) Handgear A category. A vessel qualified and electing to fish
under the Handgear A category, as described in Sec. 648.4(a)(1)(i)(A),
may retain, per trip, the possession limits for all regulated species
and ocean pout, as specified under Sec. 648.86(a)(3). Qualified
vessels electing to fish under the Handgear A category are subject to
the following restrictions:
(i) The vessel must not use or possess on board gear other than
handgear while in possession of, fishing for, or landing NE
multispecies; and
(ii) Tub-trawls must be hand-hauled only, with a maximum of 250
hooks.
* * * * *
(d) * * *
(1) * * *
(iv) * * *
(A) For a vessel fishing under the provisions of the common pool,
as defined in this part, Category A DAS are defined as 27.5 percent of
the vessel's used DAS baseline specified in paragraph (c)(1) of this
section, unless otherwise reduced pursuant to Sec. 648.87(b)(1)(iii).
(B) For a sector vessel, Category A DAS allocated for use when
fishing in other fisheries that require the concurrent use of a NE
multispecies DAS are defined as 45 percent of the vessel's used DAS
baseline specified in paragraph (c)(1) of this section.
(2) * * *
(i) * * *
(B) * * *
(4) * * *
(i) For a common pool vessel, Regular B DAS are defined as 36.25
percent of the vessel's used DAS baseline specified in paragraph (c)(1)
of this section.
* * * * *
(ii) * * *
(B) * * *
(4) * * *
(i) For a common pool vessel, Reserve B DAS are defined as 36.25
percent of the vessel's used DAS baseline specified in paragraph (c)(1)
of this section.
* * * * *
(e) * * *
(1) * * *
(ii) Sector vessels. For the purposes of complying with the
restrictions of other fisheries that require the use of a NE
multispecies DAS, a vessel on a sector trip shall accrue DAS to the
nearest minute and shall be counted as actual time called or logged
into the DAS program, consistent with the DAS notification requirements
specified in Sec. 648.10.
* * * * *
(3) Regular B DAS Program 24-hr clock. For a vessel electing to
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6),
that remains fishing under a Regular B DAS for the entire fishing trip
(without a DAS flip), DAS shall accrue at the rate of 1 full DAS for
each calendar day, or part of a calendar day fished. For example, a
vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. would be
charged 24 hr of Regular B DAS, not 16 hr; a vessel that left on a trip
at 11 p.m. on the first calendar day and returned at 10 p.m. on the
second calendar day would be charged 48 hr of Regular B DAS instead of
23 hr, because the fishing trip would have spanned 2 calendar days. For
the purpose of calculating trip limits specified under Sec. 648.86,
the amount of DAS deducted from a vessel's DAS allocation shall
determine the amount of fish the vessel can land legally. For vessels
electing to fish in both the Regular B DAS Program, as specified in
Sec. 648.85(b)(6), and in the Eastern U.S./Canada Area, as specified
in Sec. 648.85(a), DAS counting will begin and end according to the
DAS rules specified in Sec. 648.10(e)(5)(iv).
* * * * *
(m) Multispecies open access permit restrictions. (1) Handgear B
permit. A vessel issued a valid Handgear B permit, as described in
Sec. 648.4(a)(1)(ii), may retain, per trip, the possession limits for
all regulated species and ocean pout, as specified under Sec.
648.86(a)(4). Qualified vessels electing to fish under the Handgear B
category are subject to the following restrictions:
(i) The vessel may not use or possess on board gear other than
handgear while in possession of, fishing for, or landing NE
multispecies, and must have at least one standard tote on board;
(ii) The vessel may not fish for, possess, or land regulated
species from March 1 through March 20 of each year as described in
paragraph (g) of this section; and
[[Page 56866]]
(iii) The vessel, if fishing with tub-trawl gear, may not fish with
more than a maximum of 250 hooks.
(2) Charter/party permit. A vessel that has been issued a valid
open access NE multispecies charter/party permit is subject to the
additional restrictions on gear, recreational minimum fish sizes,
possession limits, and prohibitions on sale specified in Sec. 648.89,
and any other applicable provisions of this part.
(3) Scallop NE multispecies possession limit permit. A vessel that
has been issued a valid open access scallop NE multispecies possession
limit permit must not exceed the possession limit restrictions in
648.86(c)(3).
(4) Non-regulated NE multispecies permit. A vessel issued a valid
open access non-regulated NE multispecies permit may possess and land
one Atlantic halibut and unlimited amounts of the other non-regulated
NE multispecies, unless otherwise restricted by Sec. 648.86. The
vessel is subject to restrictions on gear, area, and time of fishing
specified in Sec. 648.80 and any other applicable provisions of this
part.
* * * * *
(n) * * *
(2) Trimester TAC AM. Common pool vessels shall be subject to the
following restrictions: * * * * *
0
6. Amend Sec. 648.85 as follows:
0
a. Revise paragraph (a)(3)(iv) introductory text, paragraph
(b)(3)(viii) introductory text, and paragraph (b)(6)(iv)(F);
0
b. Remove and reserve paragraph (b)(6)(v); and
0
c. Revise paragraph (b)(7)(v)(F).
The revisions read as follows:
Sec. 648.85 Special management programs.
(a) * * *
(3) * * *
(iv) Harvest controls. Unless otherwise specified in this paragraph
(a)(3)(iv), any NE multispecies vessel fishing in the U.S./Canada
Management Areas is subject to the following restrictions. A common
pool vessel is subject to the trip limits specified in this paragraph
(a)(3)(iv), as well as the possession or landing limits in this part,
including Sec. 648.86. A sector vessel is subject to the trip limits
specified in Sec. 648.87(b)(1)(viii).
* * * * *
(b) * * *
(3) * * *
(viii) Trip limits. Vessels subject to the provisions of the common
pool that are fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP are subject to the following trip limits, as well as the possession
or landing limits in this part, including Sec. 648.86. Vessels subject
to the restrictions and conditions of an approved sector operations
plan fishing in the Closed Area II Yellowtail Flounder/Haddock SAP are
subject to the trip limits specified in Sec. 648.87(b)(1)(viii).
* * * * *
(6) * * *
(iv) * * *
(F) Minimum Category A DAS and B DAS accrual. For a vessel fishing
under the Regular B DAS Program, the number of Regular B DAS that may
be used on a trip cannot exceed the number of Category A DAS that the
vessel has at the start of the trip. A vessel fishing in the Regular B
DAS Program for its entire trip shall accrue DAS in accordance with
Sec. 648.82(e)(1).
* * * * *
(7) * * *
(v) * * *
(F) Landing limits. Vessels subject to the provisions of the common
pool that are fishing any portion of a trip in the Eastern U.S./Canada
Haddock SAP are subject to the following possession limits, as well as
the possession or landing limits in this part, including paragraph
(a)(3)(iv) of this section and Sec. 648.86: 1,000 lb (453.6 kg) of
cod, per trip, regardless of trip length and 100 lb (45.4 kg) per DAS,
or any part of a DAS, of GB yellowtail flounder, up to a maximum of 500
lb (227 kg) of all flatfish species, combined. Possession of monkfish
(whole weight) and skates (whole weight) is limited to 500 lb (227 kg)
each, unless otherwise restricted by Sec. 648.94(b)(3), and possession
of lobsters is prohibited. A sector vessel is subject to the trip
limits specified in Sec. 648.87(b)(1)(viii).
* * * * *
0
7. Amend Sec. 648.86 as follows:
0
a. Revise section heading;
0
b. Revise paragraphs (a) through (c);
0
c. Remove paragraph (e);
0
d. Redesignate paragraph (d) as paragraph (e);
0
e. Add new paragraph (d); and
0
f. Remove paragraphs (f) through (o).
The revisions and additions read as follows:
Sec. 648.86 NE Multispecies commercial possession restrictions.
* * * * *
(a) NE multispecies common pool vessels.
(1) DAS Permits. A common pool vessel issued a valid Federal NE
multispecies DAS permit specified under Sec. 648.4(a)(1) is subject to
the following possession limits for regulated multispecies and may not
possess or land more than the amounts listed in Table 1 to paragraph
(a)(1) for each DAS or part of a DAS fished, up to the amount listed
per trip, unless changed by the Regional Administrator through an
inseason action, as specified at paragraph (a)(5) of this section.
Current possession limits, as adjusted by any inseason actions, are
available at: <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-multispecies-common-pool-fishery">https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-multispecies-common-pool-fishery</a>.
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[[Page 56867]]
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(2) Small vessel permits. A vessel qualified and electing to fish
under the Small Vessel category, as described at Sec. 648.82(b)(5),
may retain up to 300 lb (136.1 kg) of cod, haddock, and yellowtail
flounder, combined, provided the vessel does not exceed the NE
multispecies DAS permit daily possession restrictions for these stocks
specified at paragraphs (a)(1) and (b) of this section. Such a vessel
may retain, per trip, up to the daily possession limits for other NE
multispecies, as specified at paragraphs (a)(1) and (b) of this
section. If there is no daily possession limit for a stock, as
specified in paragraph (a)(1), such a vessel may retain, per trip, up
to the trip limit specified in paragraph (a)(1).
(3) Handgear A permits. A vessel qualified and electing to fish
under the Handgear A category, as described at Sec. 648.82(b)(6), may
retain, per trip, up to the daily possession limit for NE multispecies,
as specified under paragraphs (a)(1) and (b) of this section, provided
the vessel complies with the restrictions and conditions specified in
Sec. 648.82(b)(6). If there is no daily possession limit for a stock,
as specified in paragraph (a)(1), a Handgear A vessel may retain, per
trip, up to the trip limit specified in paragraph (a)(1). The Handgear
A possession limit for cod stocks cannot exceed 300 lb (136.1 kg) per
trip. For example, if the GB cod trip limit for NE multispecies DAS
vessels was increased to 350 lb (158.8 kg) per DAS, then the GB cod
trip limit for a vessel issued a Handgear A category permit would be
300 lb (136.1 kg).
(4) Handgear B permits. A vessel qualified and electing to fish
under the Handgear B category, as described in Sec. 648.82(m)(1), may
retain, per trip, up to the daily possession limit restrictions for NE
multispecies other than cod as specified in paragraphs (a)(1) and (b)
of this section, provided the vessel complies with the restrictions and
conditions specified in Sec. 648.82(m)(1). If there is no daily
possession limit for a stock, as specified in paragraph (a)(1), a
Handgear B vessel may retain, per trip, up to the trip limit specified
in paragraph (a)(1). For cod stocks, a vessel fishing under the
Handgear B permit may retain up to 25 lb (11.3 kg) per trip, unless the
trip limit applicable to a vessel fishing under a NE multispecies DAS
permit has been set to 0 lb, in which case the Handgear B possession
limit is also 0 lb. NMFS may adjust the cod possession limit for
Handgear B vessels, as specified under at paragraph (a)(5) of this
section, but this possession limit for cod stocks cannot exceed 75 lb
(34 kg) per trip.
(5) Regional Administrator authority to implement or modify
possession limits--
(i) Possession restrictions to prevent exceeding common pool sub-
ACLs. If the Regional Administrator projects that
[[Page 56868]]
the catch of any NE multispecies stock allocated to common pool vessels
pursuant to Sec. 648.90(a)(4) will exceed the pertinent sub-ACL, NMFS
may implement or adjust at any time prior to or during the fishing
year, in a manner consistent with the Administrative Procedure Act, a
per-DAS possession limit and/or a trip limit, as specified in
paragraphs (a)(1) through (4) of this section, in order to prevent
exceeding the common pool sub-ACL in that fishing year.
(ii) Possession restrictions to facilitate harvest of sub-ACLs
allocated to the common pool. If the Regional Administrator projects
that the sub-ACL of any stock allocated to the common pool pursuant to
Sec. 648.90(a)(4) will not be caught during the fishing year, the
Regional Administrator may remove or adjust, in a manner consistent
with the Administrative Procedure Act, a per-DAS possession limit and/
or a trip limit, as specified in paragraphs (a)(1) through (4) of this
section, in order to facilitate harvest and enable the total catch to
approach, but not exceed, the pertinent sub-ACL allocated to the common
pool for that fishing year.
(6) Additional possession restrictions for common pool vessels.
(i) Daily landing restriction. A vessel issued a limited access NE
multispecies permit or an open access NE multispecies Handgear B permit
may land regulated species or ocean pout only once in any 24-hr period,
based upon the time the vessel lands following the end of the previous
trip. For example, if a vessel lands 1,600 lb of pollock at 6 p.m. on
Tuesday, that vessel cannot land any more regulated species or ocean
pout until at least 6 p.m. on the following Wednesday.
(ii) Possession limits for vessels fishing in multiple areas. If
any NE multispecies permitted vessel fishes in more than one stock area
on the same trip, as defined in Sec. 648.88, the most restrictive trip
limit for a species applies for the entire trip. For example, if the
trip limit for GB winter flounder is 500 lb and the GOM winter flounder
trip limit is 2,000 lb, a vessel fishing in both the GB and GOM winter
flounder stock areas on the same trip cannot possess more than 500 lb
of winter flounder on that trip.
(iii) Cod. Cod on board a vessel subject to the possession limits
in paragraph (a) of this section must be separated from other species
of fish and stored so as to be readily available for inspection.
(iv) Yellowtail flounder. A vessel fishing in the GB yellowtail
stock area defined at Sec. 648.88(a)(7), but exclusively outside of
the U.S./Canada Management Area, as defined in Sec. 648.85(a)(1), is
subject to the GB yellowtail flounder limit described in paragraph (a)
of this section. A vessel fishing in the U.S./Canada Management Area
defined in Sec. 648.85(a)(1) is subject to the GB yellowtail flounder
limit described in paragraph Sec. 648.85(a)(3)(iv)(C). A vessel
fishing outside and inside of the U.S./Canada Management Area on the
same trip is subject to the most restrictive yellowtail flounder trip
limit (i.e., the most restrictive of all the trip limits for all three
yellowtail flounder stocks, as specified by paragraph (a) of this
section or Sec. 648.85(a)(3)(iv)(C)).
(v) Offloading requirement for vessels possessing species regulated
by a daily possession limit. A vessel that has ended a trip as
specified in Sec. 648.10(e)(2)(iii) or (h)(5) that possesses on board
species regulated by a daily possession limit (i.e., pounds per DAS),
as specified at Sec. 648.85 or Sec. 648.86, must offload species in
excess of the daily possession limit prior to leaving port on a
subsequent trip. A vessel may retain on board up to one day's worth of
such species prior to the start of a subsequent trip. Other species
regulated by an overall trip limit may be retained on board for a
subsequent trip. For example, a vessel that possesses haddock and
winter flounder harvested from Gulf of Maine is subject to a daily
possession limit for haddock of 1,000 lb (453 kg)/DAS and an overall
trip limit of 2,000 lb (907 kg)/trip for winter flounder (no daily
possession limit). In this example, the vessel would be required to
offload any haddock harvested in excess of 1,000 lb (453 kg) (i.e., the
vessel may retain up to 1,000 lb (453 kg) of GOM haddock, and must
offload any additional haddock), but may retain 2,000 lb of winter
flounder prior to leaving port and crossing the VMS Demarcation Line to
begin a subsequent trip.
(b) NE multispecies vessels.
(1) Atlantic halibut. A vessel issued a NE multispecies permit
under Sec. 648.4(a)(1) may land or possess on board no more than one
Atlantic halibut per trip, provided the vessel complies with other
applicable provisions of this part, unless otherwise specified in the
Atlantic halibut accountability measures at Sec. 648.90(a)(5)(i)(F).
(2) Ocean pout, windowpane flounder, and Atlantic wolffish. A
vessel issued a limited access NE multispecies permit or an open access
NE multispecies Handgear B permit may not fish for, possess, or land
ocean pout, windowpane flounder, or Atlantic wolffish.
(3) Calculation of weight of fillets or parts of fish. The
possession limits described under this part are based on the weight of
whole, whole-gutted, or gilled fish. For purposes of determining
compliance with the possession limits specified in this section, the
weight of fillets and parts of fish, other than whole-gutted or gilled
fish, as allowed under Sec. 648.83(a) and (b), will be multiplied by
3.
(4) Other possession restrictions. Vessels are subject to any other
applicable possession limit restrictions of this part, including, but
not limited to, the possession limits for other FMPs and special
management programs.
(c) Scallop dredge vessels.
(1) Haddock prohibition. No person owning or operating a scallop
dredge vessel may land haddock from, or possess haddock on board, a
scallop dredge vessel from January 1 through June 30.
(2) Haddock possession. Unless otherwise authorized by the Regional
Administrator, scallop dredge vessels or persons owning or operating a
scallop dredge vessel that is fishing under a scallop DAS allocated
under Sec. 648.53 may land or possess on board up to 300 lb (136.1 kg)
of haddock, provided the vessel does not fish for, possess, or land
haddock from January 1 through June 30, as specified under paragraph
(c)(1) of this section, except as specified in paragraph (c)(3) of this
section, provided that the vessel has at least one standard tote on
board. This restriction does not apply to vessels also issued limited
access NE multispecies permits that are fishing under a multispecies
DAS. Haddock on board a vessel subject to this possession limit must be
separated from other species of fish and stored so as to be readily
available for inspection.
(3) Scallop NE multispecies possession limit permit. With the
exception of vessels fishing in the Sea Scallop Access Areas as
specified in Sec. 648.59(b) through (d), a vessel that has been issued
a valid open access scallop NE multispecies possession limit permit may
possess and land up to 300 lb (136.1 kg) of regulated NE multispecies
when fishing under a scallop DAS allocated under Sec. 648.53, provided
the vessel does not fish for, possess, or land haddock from January 1
through June 30, as specified under paragraph (c)(1) of this section,
and provided that the amount of regulated NE multispecies on board the
vessel does not exceed any of the pertinent trip limits specified under
Sec. 648.86, and provided the vessel has at least one standard tote on
board, as defined at Sec. 648.2. A vessel fishing in the Sea Scallop
Access Areas as specified in Sec. Sec. 648.59(b) through (d) is
[[Page 56869]]
subject to the possession limits specified in Sec. 648.59(b)(5).
(d) Incidental catch allowance for some Atlantic herring vessels. A
vessel issued a Category A or B Herring Permit fishing on a declared
herring trip, regardless of gear or area fished, or a vessel issued a
Category C, D, or E Herring Permit and fishing with midwater trawl gear
pursuant to Sec. 648.80(d), may only possess and land haddock, in
accordance with requirements specified in Sec. 648.80(d) and (e).
(1) Haddock incidental catch cap. When the Regional Administrator
has determined that the incidental catch allowance for a given haddock
stock, as specified in Sec. 648.90(a)(4)(iii)(E), has been caught, no
vessel issued an Atlantic herring permit and fishing with midwater
trawl gear in the applicable stock area, i.e., the Herring GOM Haddock
Accountability Measure (AM) Area or Herring GB Haddock AM Area, as
defined in paragraphs (d)(2) and (3) of this section, may fish for,
possess, or land herring in excess of 2,000 lb (907.2 kg) per trip in
or from that area, unless all herring possessed and landed by the
vessel were caught outside the applicable AM Area and the vessel's gear
is stowed and not available for immediate use as defined in Sec. 648.2
while transiting the AM Area. Upon this determination, the haddock
possession limit is reduced to 0 lb (0 kg) for a vessel issued a
Federal Atlantic herring permit and fishing with midwater trawl gear or
for a vessel issued a Category A or B Herring Permit fishing on a
declared herring trip, regardless of area fished or gear used, in the
applicable AM Area, unless the vessel also possesses a NE multispecies
permit and is operating on a declared (consistent with Sec. 648.10(g))
NE multispecies trip. In making this determination, the Regional
Administrator shall use haddock catches observed by observers or
monitors on herring vessel trips using midwater trawl gear in
Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1)
and (3), expanded to an estimate of total haddock catch for all such
trips in a given haddock stock area.
(2) Herring GOM Haddock Accountability Measure Area. The Herring
GOM Haddock AM Area is defined by the straight lines connecting the
following points in the order stated (copies of a map depicting the
area are available from the Regional Administrator upon request):
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(3) Herring GB Haddock Accountability Measure Area. The Herring GB
Haddock AM Area is defined by the straight lines connecting the
following points in the order stated (copies of a map depicting the
area are available from the Regional Administrator upon request):
[[Page 56870]]
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BILLING CODE 3510-22-C
(4) Fishing years. The haddock incidental catch caps specified are
for the NE multispecies fishing year (May 1-April 30), which differs
from the herring fishing year (January 1-December 31). If the haddock
incidental catch allowance is attained by the herring midwater trawl
fishery for the GOM or GB, as specified in Sec. 648.90(a)(4)(iii)(E),
the 2,000-lb (907.2-kg) limit on herring possession in the applicable
AM Area, as described in paragraph (d)(2) or (3) of this section, shall
be in effect until the end of the NE multispecies fishing year. For
example, the 2011 haddock incidental catch cap is specified for the
period May 1, 2011-April 30, 2012, and the 2012 haddock catch cap would
be specified for the period May 1, 2012-April 30, 2013. If the catch of
haddock by herring midwater trawl vessels reached the 2011 incidental
catch cap at any time prior to the end of the NE multispecies fishing
year (April 30, 2012), the 2,000-lb (907.2-kg) limit on possession of
herring in the applicable AM Area would extend through April 30, 2012.
[[Page 56871]]
Beginning May 1, 2012, the 2012 catch cap would go into effect.
(5) Other regulated NE multispecies possession restrictions for
some Atlantic herring vessels. A vessel issued a Category A or B
Herring Permit on a declared herring trip, regardless of area fished or
gear used, or a vessel issued a Category C, D, or E Herring Permit and
fishing with midwater trawl gear pursuant to Sec. 648.80(d), may
possess and land haddock, and up to 100 lb (45 kg), combined, of
regulated NE multispecies other than haddock, in accordance with the
requirements in Sec. 648.80(d) and (e). Such fish may not be sold for
human consumption.
* * * * *
0
8. Amend Sec. 648.87 as follows:
0
a. Remove paragraphs (b)(1)(ii)(A) through (F);
0
b. Revise paragraph (b)(1)(iii)(B) introductory text, paragraph
(b)(1)(iii)(B)(1) section heading, and paragraphs (b)(1)(iii)(B)(3),
(b)(1)(v)(B), and (b)(2) introductory text; and
0
c. Remove and reserve paragraphs (b)(2)(ii) and (b)(2)(xii).
The revisions read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(B) Overage penalty if there is insufficient ACE to cover an
overage. If a sector exceeds an ACE allocated to it during the previous
fishing year, but disbands in the year following the overage, or
otherwise does not have sufficient ACE to address the overage pursuant
to this paragraph (b)(1)(iii) based upon the cumulative PSCs of
permits/vessels participating in that sector during the fishing year
following the overage, individual permit holders that participated in
the sector during the fishing year in which the overage occurred shall
be responsible for reducing their DAS/ACE to account for that overage
in the subsequent fishing year, as follows:
(1) ACE reduction. * * *
* * * * *
(3) Fishing prohibition. If a sector does not disband following an
overage, but otherwise does not have sufficient ACE to cover an overage
based upon the PSC of participating permits, that sector's ACE for the
stock for which the overage occurred shall be temporarily reduced to
zero for the following fishing year, and that sector shall be
prohibited from fishing on a sector trip in the stock area associated
with the stock for which the ACE was exceeded during the following
year, unless and until that sector can acquire sufficient ACE from
another sector to cover the remaining overage from the previous fishing
year.
* * * * *
(v) * * *
(B) Weekly enforcement report. Each sector must submit weekly
reports to NMFS stating any compliance/enforcement issues, as
instructed by the Regional Administrator. These weekly enforcement
reports must be submitted no later than 0700 hr on the second Monday
after the reporting week, as defined in this part.
* * * * *
(2) Operations plan and sector contract. To be approved to operate,
each sector must submit an operations plan and preliminary sector
contract to the Regional Administrator no later than September 1 prior
to the fishing year in which the sector intends to begin operations,
unless otherwise instructed by NMFS. A final roster and sector contract
must be submitted by December 1 prior to the fishing year in which the
sector intends to begin operations, unless otherwise instructed by
NMFS. The operations plan may cover a 1- or 2-year period, provided the
analysis required in paragraph (b)(3) of this section is sufficient to
assess the impacts of sector operations during the 2-year period and
that sector membership, or any other parameter that may affect sector
operations during the second year of the approved operations plan, does
not differ to the point where the impacts analyzed by the supporting
National Environmental Policy Act (NEPA) document are compromised. Each
vessel and vessel operator and/or vessel owner participating in a
sector must agree to and comply with all applicable requirements and
conditions of the operations plan specified in this paragraph (b)(2)
and the letter of authorization issued pursuant to paragraph (c)(2) of
this section. It shall be unlawful to violate any such conditions and
requirements unless such conditions or restrictions are identified in
an approved operations plan as administrative only. If a proposed
sector does not comply with the requirements of this paragraph (b)(2),
NMFS may decline to propose for approval such sector operations plans,
even if the Council has approved such sector. At least the following
elements must be contained in either the final operations plan or
sector contract submitted to NMFS:
* * * * *
0
9. Amend Sec. 648.88 as follows:
0
a. Revise section headings, and paragraphs (a) and (b); and
0
b. Remove paragraphs (c) through (d).
The revisions read as follows:
Sec. 648.88 Multispecies stock area definitions.
(a) Definition of stock areas. The species stock areas applicable
for possession and trip limits specified in Sec. 648.86, recreational
minimum and maximum fish sizes, possession limits, and seasons
specified in Sec. 648.89, and for determining areas applicable to
sector allocations of ACE pursuant to Sec. 648.87(b) are defined in
paragraphs (1) through (17) of this section. For stocks that have
incidental catch TACs pursuant to Sec. 648.85(b), the areas also
identify stock areas associated with those incidental catch TACs.
Copies of a chart depicting these areas are available from the Regional
Administrator upon request.
(1) GOM cod stock area. The GOM cod stock is defined as the area
bounded on the north and west by the coastline of the United States, on
the east by the U.S./Canadian maritime boundary, and on the south by
straight lines connecting the following points in the order stated:
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[[Page 56872]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.020
(2) GB cod stock area. The GB cod stock is the area defined by
straight lines connecting the following points in the order stated:
[GRAPHIC] [TIFF OMITTED] TP08DE25.021
(3) Reserved
(4) Reserved
(5) GB haddock stock area. The GB Haddock Stock Area is defined as
the area bounded on the west by the coastline of the United States, on
the south by a line running from the east-facing coastline of North
Carolina at 35[deg] N lat. until its intersection with the EEZ, on the
east by the U.S./Canadian maritime boundary, and bounded on the north
by straight lines connecting the following points in the order stated:
[[Page 56873]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.022
(6) GOM haddock stock area. The GOM Haddock Stock Area is defined
as the area bounded on the north and west by the coastline of the
United States, on the east by the U.S./Canadian maritime boundary, and
on the south by straight lines connecting the following points in the
order stated:
[GRAPHIC] [TIFF OMITTED] TP08DE25.023
(7) GB yellowtail flounder stock area. The GB yellowtail flounder
stock area is the area bounded by straight lines connecting the
following points in the order stated:
[[Page 56874]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.024
(8) SNE/MA yellowtail flounder stock area.
(i) For the purposes of identifying stock areas for trip limits
specified in Sec. 648.86, and for determining areas applicable to
sector allocations of SNE/MA yellowtail flounder ACE pursuant to Sec.
648.87(b), the SNE/MA yellowtail flounder stock area is the area
bounded by straight lines connecting the following points in the order
stated:
[GRAPHIC] [TIFF OMITTED] TP08DE25.025
[[Page 56875]]
(ii) For the purposes of the Regular B DAS Program, the SNE/MA
yellowtail flounder B DAS stock area is the area bounded on the north,
east, and south by straight lines connecting the following points in
the order stated:
[GRAPHIC] [TIFF OMITTED] TP08DE25.026
(9) CC/GOM yellowtail flounder stock area.
(i) For the purposes of identifying stock areas for trip limits
specified in Sec. 648.86, and for determining areas applicable to
sector allocations of CC/GOM yellowtail flounder ACE pursuant to Sec.
648.87(b), the CC/GOM yellowtail flounder stock area is defined as the
area bounded on the north and west by the coastline of the United
States, on the east by the U.S./Canadian maritime boundary, and on the
south by straight lines connecting the following points in the order
stated:
[[Page 56876]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.027
(ii) For the purposes of the Regular B DAS Program pursuant to
Sec. 648.85(b), the CC/GOM yellowtail flounder B DAS stock area is the
area defined by straight lines connecting the following points in the
order stated:
[[Page 56877]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.028
(10) American plaice stock area. The American plaice stock area is
defined as the area bounded on the north and west by the coastline of
the United States, on the east by the U.S./Canadian maritime boundary,
and bounded on the south by a straight line running from the east-
facing coastline of North Carolina at 35[deg] N lat. until its
intersection with the EEZ. The coordinates for the area can be found in
paragraph (b) of this section.
(11) Witch flounder stock area. The witch flounder stock area is
defined as the area bounded on the north and west by the coastline of
the United States, on the east by the U.S./Canadian maritime boundary,
and bounded on the south by a straight line running from the east-
facing coastline of North Carolina at 35[deg] N lat. until its
intersection with the EEZ. The coordinates for the area can be found in
paragraph (b) of this section.
(12) GB winter flounder stock area. The GB winter flounder stock
area is the area bounded by straight lines connecting the following
points in the order stated:
[[Page 56878]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.029
(13) GOM winter flounder stock area. The GOM Winter Flounder Stock
Area is the area bounded by straight lines connecting the following
points in the order stated:
[GRAPHIC] [TIFF OMITTED] TP08DE25.030
(14) SNE/MA winter flounder stock area. The SNE winter flounder
stock area is the area defined by straight lines connecting the
following points in the order stated:
[[Page 56879]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.031
(15) Redfish stock area. The redfish stock area is defined as the
area bounded on the north and west by the coastline of the United
States, on the east by the U.S./Canadian maritime boundary, and bounded
on the south by a straight line running from the east-facing coastline
of North Carolina at 35[deg] N lat. until its intersection with the
EEZ. The coordinates for the area can be found in paragraph (b) of this
section.
(16) White hake stock area. The white hake stock area is defined as
the area bounded on the north and west by the coastline of the United
States, bounded on the east by the U.S./Canadian maritime boundary, and
bounded on the south by a straight line running from the east-facing
coastline of North Carolina at 35[deg] N lat. until its intersection
with the EEZ. The coordinates for the area can be found in paragraph
(b) of this section.
(17) Pollock stock area. The pollock stock area is defined as the
area bounded on the north and west by the coastline of the United
States, on the east by the U.S./Canadian maritime boundary, and bounded
on the south by a straight line running from the east-facing coastline
of North Carolina at 35[deg] N lat. until its intersection with the
EEZ. The coordinates for the area can be found in paragraph (b) of this
section.
(b) Stock area for unit stocks. The stock area for all unit stocks
listed in paragraph (a) of this section (American plaice, witch
flounder, redfish, white hake, and pollock) are defined by straight
lines connecting the following points in the order stated:
[[Page 56880]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.032
0
10. Amend Sec. 648.89 as follows:
0
1. Revise Table 1 to Paragraph (b)(1), paragraph (b)(2)(ii), paragraphs
(c)(1), (2), and (8); and
0
2. Remove paragraph (g).
The revisions read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
[[Page 56881]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.033
(2) * * *
(ii) Transiting. If minimum size specified for cod and haddock
differ between stock areas, vessels in possession of cod or haddock
that meet the minimum size specified for fish caught in one stock area,
as specified in Sec. 648.88, may transit a different stock area with
that cod and haddock, provided all bait and hooks are removed from
fishing rods, and any cod and haddock on board has been gutted and
stored.
* * * * *
(c) * * *
(1) Private recreational vessels. Persons aboard private
recreational fishing vessels during the open season listed in the
column titled ``Open Season'' in table 2 to paragraph (c)(1), may not
possess more fish in or from the EEZ than the amount listed in the
column titled ``Possession Limit'' in table 2 to paragraph (c)(1).
Persons aboard private recreational fishing vessels may not possess
stocks, as specified in the column titled ``Stock'' in table 2 to
paragraph (c)(1), in or from the EEZ during that stock's closed season
as specified in the column titled ``Closed Season'' in table 2 to
paragraph (c)(1).
[[Page 56882]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.034
(2) Charter or Party Boats. Persons aboard charter or party boats
during the open season listed in the column titled ``Open Season'' in
table 3 to paragraph (c)(2), may not possess more fish in or from the
EEZ than the amount listed in the column titled ``Possession Limit'' in
table 3 to paragraph (c)(2). Persons aboard charter or party boats may
not possess stocks, as specified in the column titled ``Stock'' in
table 3 to paragraph (c)(2), in or from the EEZ during that stock's
closed season as specified in the column titled ``Closed Season'' in
table 3 to paragraph (c)(2).
[[Page 56883]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.035
BILLING CODE 3510-22-C
* * * * *
(8) Transiting. If the possession limits specified in paragraphs
(c)(1) and (2) of this section for cod and haddock differ between stock
areas, vessels in possession of cod or haddock that meet the possession
limit specified for fish caught in one stock area, as specified in
Sec. 648.88, may transit a different stock area with that cod and
haddock, provided all bait and hooks are removed from fishing rods, and
any cod and haddock on board has been gutted and stored.
* * * * *
0
11. Amend Sec. 648.90 as follows:
0
a. Revise paragraph (a)(4)(iii) introductory text;
0
b. Redesignate paragraphs (a)(4)(iii)(A) through (H) to (a)(4)(iii)(B)
to (I);
0
c. Add new paragraph (a)(4)(iii)(A);
0
d. Revise newly redesignated paragraph (a)(4)(iii)(I); and
0
e. Revise paragraphs (a)(5)(i)(A), and (a)(5)(iv)(A) and (B).
The revisions and additions read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(4) * * *
(iii) ABC/ACL distribution. The ABCs/ACLs adopted by the Council
for each regulated species or ocean pout stock pursuant to this
paragraph (a)(4) shall be subdivided among the various sub-
[[Page 56884]]
components of the fishery, as specified in paragraphs (a)(4)(iii)(A)
through (I) of this section. For transboundary stocks managed by the
Understanding, pursuant to Sec. 648.85(a), the distribution of ABC/
ACLs described in paragraphs (a)(4)(iii)(A) through (I) of this section
shall be based upon the catch available to U.S. fishermen. The Council
may revise its recommendations for the distribution of ABCs and ACLs
among these and other sub-components through the process to specify
ABCs and ACLs, as described in this paragraph (a)(4). Distribution of
the ACL for each stock available to the NE multispecies fishery between
and among commercial and recreational components of the fishery may be
implemented through a framework adjustment pursuant to this section.
Any changes to the distribution of ACLs to the NE multispecies fishery
shall not affect the implementation of AMs based upon the distribution
in effect at the time of the overage that triggered the AM.
(A) Recreational allocation. Unless otherwise specified in
paragraph (a)(5) of this section, recreational catches shall be
compared to the ACLs allocated pursuant to this paragraph
(a)(4)(iii)(A) for the purposes of determining whether adjustments to
recreational measures are necessary, pursuant to the recreational
fishery AMs specified in Sec. 648.89(f).
(1) Stocks allocated. Unless otherwise specified in this paragraph
(a)(4)(iii)(A), the ABCs/ACLs for GOM cod and GOM haddock set pursuant
to paragraph (a)(4) of this section shall be divided between commercial
and recreational components, based upon the average proportional catch
of each component for each stock during fishing years 2001 through
2006.
(2) Process for determining if a recreational allocation is
necessary. A recreational allocation will not be made if it is
determined that, based upon available information, the ACLs for these
stocks are not being fully harvested by the NE multispecies fishery, or
if the recreational harvest, after accounting for State waters catch
pursuant to paragraph (a)(4)(iii)(B) of this section, is less than 5
percent of the overall catch for a particular stock of regulated
species or ocean pout.
* * * * *
(I) Regulated species or ocean pout catch by the NE multispecies
commercial fisheries. Unless otherwise specified in the ACL
recommendations developed pursuant to paragraph (a)(4)(i) of this
section, after all of the deductions and considerations specified in
paragraphs (a)(4)(iii)(A) through (H) of this section, the remaining
ABC/ACL for each regulated species or ocean pout stock shall be
allocated to the NE multispecies commercial fishery, pursuant to
paragraphs (a)(4)(iii)(I)(1) through (3) of this section.
(1) Commercial allocation. Unless otherwise specified in paragraph
(a)(4)(iii)(I), the ABC/ACL for regulated species or ocean pout stocks
available to the commercial NE multispecies fishery shall be divided
between vessels operating under approved sector operations plans as
described at Sec. 648.87(c), based upon the cumulative PSCs of vessels
participating in sectors calculated pursuant to Sec.
648.87(b)(1)(i)(E), and vessels operating under the provisions of the
common pool, as defined in this part. The ABC/ACL of each stock not
allocated to sectors pursuant to Sec. 648.87(b)(1)(i)(E) (i.e.,
Atlantic halibut, ocean pout, windowpane flounder, and Atlantic
wolffish) that is available to the commercial NE multispecies fishery
shall be allocated entirely to the common pool, and catch from sector
and common pool vessels shall be attributed to this allocation. Unless
otherwise specified in paragraph (a)(5) of this section, regulated
species or ocean pout catch by common pool and sector vessels shall be
deducted from the sub-ACL/ACE allocated pursuant to this paragraph
(a)(4)(iii)(I)(1) for the purposes of determining whether adjustments
to common pool measures are necessary, pursuant to the common pool AMs
specified in Sec. 648.82(n), or whether sector ACE overages must be
deducted, pursuant to Sec. 648.87(b)(1)(iii).
(2) Reserved
* * * * *
(5) * * *
(i) * * *
(A) Excessive catch by common pool vessels. If the catch of
regulated species and ocean pout by common pool vessels exceeds the
amount of the ACL specified for common pool vessels pursuant to
paragraph (a)(4)(iii)(I) of this section, then the AMs described in
Sec. 648.82(n) shall take effect. If such catch does not exceed the
portion of the ACL specified for common pool vessels pursuant to
paragraph (a)(4)(iii)(I) of this section, then no AMs shall take effect
for common pool vessels.
* * * * *
(iv) * * *
(A) Threshold for implementing the Atlantic sea scallop fishery AMs
for SNE yellowtail flounder and southern windowpane flounder. If
scallop fishery catch exceeds the scallop fishery sub-ACL for SNE
yellowtail flounder or southern windowpane flounder, as specified in
paragraph (a)(4) of this section, by 50 percent or more, or if scallop
fishery catch exceeds the scallop fishery sub-ACL by any amount and
total catch exceeds the overall ACL for that stock, then the applicable
scallop fishery AM will take effect, as specified in Sec. 648.64 of
the Atlantic sea scallop regulations.
(B) Threshold for implementing the Atlantic sea scallop fishery AM
for GB yellowtail flounder and northern windowpane flounder. If scallop
fishery catch exceeds scallop fishery sub-ACL for GB yellowtail
flounder or northern windowpane flounder, as specified in paragraph
(a)(4) of this section, and total catch exceeds the overall ACL for
that stock, then the applicable scallop fishery AM will take effect, as
specified in Sec. 648.64 of the Atlantic sea scallop regulations.
* * * * *
Sec. Sec. 648.4, 648.10, 648.13, 648.14, 648.64, 648.80, 648.82,
648.83, 648.85, 648.86, 648.87, 648.90, and 648.201 [Amended]
0
12. In the table below, for each of the locations shown in the
``Location'' column, remove the phrase indicated in the ``Remove''
column and replace it with the phrase indicated in the ``Add'' column
for the number of times indicated in the ``Frequency'' column.
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[[Page 56885]]
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[[Page 56886]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.037
[[Page 56887]]
[GRAPHIC] [TIFF OMITTED] TP08DE25.038
BILLING CODE 3510-22-C
[FR Doc. 2025-22226 Filed 12-5-25; 8:45 am]
BILLING CODE 3510-22-P
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