Rule2026-04585
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 69
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2026
Effective
March 9, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves regulations to implement specifications and management measures in Framework Adjustment 69 to the Northeast Multispecies Fishery Management Plan, as proposed, with one adjustment to Georges Bank haddock; approves Northeast multispecies (groundfish) sectors and allocations; sets recreational measures and common pool possession limits; and clarifies and corrects existing regulations. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The 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
<html>
<head>
<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Rules and Regulations]
[Pages 11141-11173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04585]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260304-0064]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves regulations to implement specifications and
management measures in Framework Adjustment 69 to the Northeast
Multispecies Fishery Management Plan, as proposed, with one adjustment
to Georges Bank haddock; approves Northeast multispecies (groundfish)
sectors and allocations; sets recreational measures and common pool
possession limits; and clarifies and corrects existing regulations.
This action is necessary to respond to updated scientific information
and to achieve the goals and objectives of the fishery management plan.
The 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: This rule is effective March 9, 2026.
ADDRESSES: Copies of Framework Adjustment 69, including the
[[Page 11142]]
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 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#2d45484c5945485f034348415e42436d43424c4c034a425b"><span class="__cf_email__" data-cfemail="09616c687d616c7b27676c657a66674967666868276e667f">[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
final 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#cc80a5b6e29fb9a0a0a5baada28ca2a3adade2aba3ba"><span class="__cf_email__" data-cfemail="d995b0a3f78aacb5b5b0afb8b799b7b6b8b8f7beb6af">[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
Northeast multispecies (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. 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.
Summary of Approved Measures
The New England Fishery Management Council (Council) adopted
Framework Adjustment 69 to the Northeast Multispecies FMP on December
4, 2024. The Council submitted Framework 69, including an environmental
assessment (EA), for NMFS approval on March 11, 2025. NMFS published a
proposed rule for Framework 69 on December 8, 2025, (90 FR 56836), with
a 30-day comment period that closed on January 7, 2026.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) and on behalf of the Secretary of Commerce, NMFS
approves, disapproves, or partially approves measures that the Council
recommends, based on consistency with the Magnuson-Stevens Act and
other applicable law. NMFS reviews recommended specifications and
proposed measures for consistency with the fishery management plan,
plan amendments, the Magnuson-Stevens Act, and other applicable law;
publishes proposed regulations; solicits public comment; and
promulgates final regulations. Based on information provided in the EA
and considered during the preparation of this action, and after
consideration of comments, NMFS has approved all of the measures
proposed in Framework 69 as recommended by the Council, as described
below, except for the Georges Bank (GB) haddock acceptable biological
catch (ABC), which is increased from the proposed amount. The Framework
69 measures implemented in this final rule:
<bullet> Set the shared United States/Canada quotas for GB
yellowtail flounder for fishing years 2025 and 2026 and eastern GB
haddock for fishing year 2025;
<bullet> Set specifications, including catch limits for six
groundfish stocks: Gulf of Maine (GOM) haddock, American plaice, witch
flounder, pollock, and Atlantic halibut for fishing years 2025-2027;
and GB yellowtail flounder for fishing years 2025-2026;
<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 accountability measures (AM) for GB yellowtail
flounder and northern windowpane flounder.
This action also implements 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 implementing
these changes in conjunction with the Framework 69 measures for
expediency purposes. Through this rulemaking, NMFS:
<bullet> Sets specifications, including catch limits, for GB
haddock for fishing year 2025 above the amount recommended by the
Council;
<bullet> Approves sector operations plans and allocates quotas to
sectors;
<bullet> Removes a requirement for weekly reporting by sectors;
<bullet> Sets recreational management measures for GOM haddock;
<bullet> Updates the common pool possession and trip limits for
stocks to reflect potential fishing year 2025 limits; and,
<bullet> Revises 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) and subsequently extended
the emergency rule to remain in effect through April 30, 2026 (90 FR
47989). 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. Further,
Amendment 25 to the FMP (90 FR 11246, March 5, 2025) would have
established four stocks of cod and Framework 69 would have implemented
management measures and allocations for the four stocks. Amendment 25
was disapproved on May 15, 2025, due to procedural concerns over the
separation of Amendment 25 and Framework 69. As a result, NMFS removed
the portions of Framework 69 specific to four stocks of cod because
they can no longer be implemented through this action. The
specifications for GOM cod and GB cod (including the United States/
Canada quotas) remain in place as set by the emergency rule and are not
changed in this rule. Although the Council has recommended and
submitted a revised Amendment 25 for NMFS review (91 FR 1257, January
13, 2026), that action is no longer tied to Framework 69 and this
rulemaking.
Some measures in the emergency rule, such as the United States/
Canada quotas and specifications for GB haddock, were already part of
the Council's recommendations for Framework 69. Framework 69 replaces
the measures implemented by the emergency rule. While the emergency
rule authorized sector operations plans and allocated quota for the
2025 fishing year, this rule approves the two-year (2025-2026)
[[Page 11143]]
sector operations plans and allocates quota for the full 2025 fishing
year to reflect the specifications approved in Framework 69. Similarly,
this final rule sets common pool possession limits for groundfish
stocks and recreational management measures for GOM haddock. These
measures would replace those set by the emergency rule.
Fishing Years 2025 Shared United States/Canada Quotas
As described in the proposed rule, 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. This action adopts shared United States/Canada quotas
for eastern GB haddock and GB yellowtail for fishing year 2025 (see
table 1), based on updated assessments and the recommendations of the
Transboundary Management Guidance Committee and consistent with the
Council's Scientific and Statistical Committee (SSC) recommendations.
The 2025 emergency rule set United States/Canada quotas for eastern GB
cod.
Table 1--2025 Fishing Year United States/Canada Quotas (metric tons
(mt), live weight) and Percent of Quota Allocated to Each Country
Table 1--2025 Fishing Year United States/Canada Quotas (metric tons
(mt), live weight) and Percent of Quota Allocated to Each Country
------------------------------------------------------------------------
GB Yellowtail
Quota Eastern GB haddock flounder
------------------------------------------------------------------------
Total Shared Quota.......... 7,410............... 200.
United States Quota......... 1,556 (21 percent).. 96 (48 percent).
Canadian Quota.............. 5,854 (79 percent).. 104 (52 percent).
------------------------------------------------------------------------
The regulations implementing the United States/Canada Resource
Sharing Understanding at Sec. 648.85(a) require deducting any overages
of the United States quota for eastern GB cod, eastern GB haddock, or
GB yellowtail flounder from the United States quota in the following
fishing year. Based on preliminary data, the U.S. fishery did not
exceed its 2024 fishing year quota for any of the shared stocks.
However, if catch information 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
soon as possible in the 2025 fishing year. If any fishery component
(e.g., groundfish sectors or scallop fishery) that is allocated a
portion of the U.S. quota exceeds its sub-ACL and there is 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
This rule adopts catch limits for GOM haddock, American plaice,
witch flounder, pollock, and Atlantic halibut for the 2025-2027 fishing
years; GB yellowtail flounder for the 2025-2026 fishing years; and GB
haddock for the 2025 fishing year. Specifications are projected for
fishing years 2026 and 2027 and will be considered and reaffirmed or
changed in a future action. Fishing year 2025 catch limits for other
groundfish stocks were previously projected by Framework 65 (88 FR
56527; August 18, 2023) and Framework 66 (89 FR 35755; May 2, 2024),
and this rule reaffirms those catch limits. The catch limits
implemented in this action, including overfishing limits (OFL), ABCs,
and annual catch limits (ACL), are listed in tables 2 through 8. A
summary of how these catch limits were developed, including the
distribution to the various fishery components, was provided in the
proposed rule and in appendix II (Calculation of Northeast Multispecies
Annual Catch Limits, FY 2025-FY 2027) to the EA, and is not repeated
here.
In the proposed rule, NMFS acknowledged the commercial fishery's
concerns regarding the GB haddock ABC and U.S. ABC, which resulted in
no haddock quota being allocated to the western GB area (although
sectors can transfer haddock quota from eastern to western GB). In
response to comments received on the proposed rule and concerns raised
regarding the amount of GB haddock quota available to the U.S. fishery
and its economic impacts on the fishery, NMFS has determined that it is
appropriate to increase the GB haddock ABC to equal the OFL of 8,034
mt.
During the development of Framework 69, the Northeast Fisheries
Science Center (Center) ran projections to calculate OFLs and ABCs for
each stock that had been assessed in 2024, including GB haddock.
Because these projections were needed before the 2024 calendar year
ended, the Groundfish Plan Development Team (PDT) provided an estimate
of calendar year 2024 catch. This estimated catch was the basis of the
8,034 mt OFL that was calculated to have a 50-percent probability of
preventing overfishing and that the SSC recommended to the Council to
include in Framework 69. In response to the public comments the Council
received during the development of this action regarding the economic
impacts of the resulting U.S. ABC for GB haddock, NMFS examined the
risk of overfishing that might result from increasing the GB haddock
ABC to equal the OFL. The unanticipated delays in implementing
Framework 69 resulted in the availability of realized 2024 catch that
was lower than the PDT's prior estimated catch, and the time to update
the projections for GB haddock. Because the 8,034 mt ABC recommended by
the Council was based on higher catch estimates for 2024 than actually
occurred, an ABC equal to the OFL for GB haddock still has a greater
than 50-percent probability of preventing overfishing.
Setting the ABC to 8,034 mt does not change the quotas set under
the United States/Canada Resource Sharing Understanding (see above).
This increased ABC results in a U.S. ABC of 2,180 mt and an additional
567 mt allocated to the commercial fishery in the western portion of
GB. The increase is expected to increase the flexibility of sectors to
access the available stock biomass without increasing the risk of
overfishing for the stock above 50 percent.
Fishermen commenting on the proposed GB haddock ABC during the
Council's development of Framework 69 noted a concern about potential
lease costs that could result from the lower ABC this fishing year that
would impose an additional financial hardship from the decline in
available catch. A review of leasing activity this fishing year
revealed that to fish for western GB haddock some sectors are acquiring
[[Page 11144]]
eastern GB haddock through trades from other sectors to convert to
western GB haddock, consistent with sector provisions. This has
resulted in nearly twice as many trades completed this year compared to
each of the last 3 years and more than 10 times the number of
conversions in 2025 compared to each of the prior 2 years. This has
complicated sector operations this year relative to prior years and
allocating more haddock this year will alleviate some of the need for
these trades and conversions. Increasing the GB haddock ABC will
provide GB haddock quota that is expected to be available for trading
among sectors. This increased supply of fish could relieve some of the
financial burden on sectors from the overall decrease in available
catch this fishing year.
Table 2--Fishing Years 2025-2027 Overfishing Limits and Acceptable Biological Catches (mt, live weight)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025 Percent 2026 2027
Stock ------------------------ change from -----------------------------------------------
OFL U.S. ABC 2024 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Haddock......................................................... 8,034 2,180 -69
GOM Haddock........................................................ 4,430 3,410 +42 4,709 3,634 4,700 3,631
GB Yellowtail Flounder............................................. UNK 96 +36 UNK 96
SNE/MA Yellowtail Flounder......................................... 345 40 0
CC/GOM Yellowtail Flounder......................................... 1,184 915 -8
American Plaice.................................................... 11,048 8,697 +58 8,866 6,979 7,368 5,791
Witch Flounder..................................................... UNK 1,526 +21 UNK 1,526 UNK 1,526
GB Winter Flounder................................................. 2,100 1,490 -4
GOM Winter Flounder................................................ 1,072 804 0
SNE/MA Winter Flounder............................................. 1,536 627 0
Redfish............................................................ 10,982 8,273 0 11,177 8,418
White Hake......................................................... 2,591 1,921 -1
Pollock............................................................ 16,585 12,733 -9 14,583 11,170 13,383 10,252
N Windowpane Flounder.............................................. UNK 136 0 UNK 136
S Windowpane Flounder.............................................. 284 213 0 284 213
Ocean Pout......................................................... 125 87 0
Atlantic Halibut................................................... UNK 35 -55 UNK 35 UNK 35
Atlantic Wolffish.................................................. 124 93 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNK = Unknown; SNE/MA = Southern New England/Mid Atlantic; CC = Cape Cod.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action.
At the start of the 2025 fishing year, the May 2, 2025, emergency
rule allocated stocks to each sector and to the common pool based on
the catch limits contained within that rule and the previous year's
sector rosters. These were updated in the emergency extension to
reflect the fishing year 2025 potential sector contributions (PSC) and
sector rosters. This rule updates the sub-ACLs for sectors and the
common pool based on the final catch limits in this rule and fishing
year 2025 rosters. See ``Sectors'' below for more information regarding
allocations to individual sectors. Although Framework 69 does not
implement specifications for GB cod and GOM cod, table 3 and tables 6
through 8 include specifications for these two stocks based on the
emergency rule to provide a complete view of the fishery's allocations.
Amendment 23 to the FMP (87 FR 75852; December 9, 2022) implemented
a measure to remove the management uncertainty buffer for the sector
sub-ACL for each allocated groundfish stock in years that the at-sea
monitoring (ASM) coverage target is set at 100 percent, unless removal
is unwarranted. On March 21, 2025, the NMFS Greater Atlantic Regional
Administrator announced the preliminary fishing year 2025 ASM coverage
target of 100 percent, and nothing has changed since that announcement
to require a lower ASM coverage target or to change the determination
that the coverage target provides a basis for removing the management
uncertainty buffer. Therefore, in this action, NMFS is removing the
management uncertainty buffer for each allocated stock for all sectors
for the entirety of the 2025 fishing year, including for GOM cod and GB
haddock (based on the catch limits set by the May 1, 2025, emergency
rule). Because removal of the buffer is dependent on the annual
determination of the ASM coverage target and consideration of its
merit, the determination regarding the buffer in fishing year 2026
would be made in a future action.
BILLING CODE 3510-22-P
[[Page 11145]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.007
[[Page 11146]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.008
[[Page 11147]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.009
[[Page 11148]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.010
[[Page 11149]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.011
[[Page 11150]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.012
BILLING CODE 3510-22-C
[[Page 11151]]
Sectors
Sector Operations Plans and Exemptions
This rule approves all previously approved 15 sector operations
plans for fishing years 2025-2026. No additional sectors are approved
to operate in fishing year 2025.
For fishing years 2025 and 2026, sectors did not request any novel
exemptions. This rule approves all 18 previously approved exemptions
for fishing years 2025 and 2026. These exemptions are described fully
in the proposed rule.
Sector Reporting Requirements
Framework 69 removes 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 still apply.
In addition, this action removes the regulation at Sec.
648.87(b)(1)(v)(B) requiring sectors to submit a weekly or daily, if
required, catch report to NMFS. 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 annual catch entitlement
(ACE) information.
Sector Allocations for Fishing Year 2025
This rule includes the allocations of ACE, to the nearest pound
(lb), to each sector based on sectors' 2025 rosters, the specifications
approved in this action (Framework 69), and the specifications for GOM
cod and GB cod set by the 2025 emergency rule. The process for
allocating ACE to sectors is more fully described in the Framework 69
proposed rule and is not repeated here. Table 9 shows the cumulative
PSC by stock for each sector for fishing year 2025. Tables 10 and 11
show the ACEs allocated to each sector for fishing year 2025, in pounds
and metric tons, respectively. NMFS has included the common pool sub-
ACLs in tables 9 through 11 for comparison. NMFS uses final
allocations, along with later adjustments including ACE transfers,
reductions for overages, or increases for carryover, monitor sector
catch.
BILLING CODE 3510-22-P
[[Page 11152]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.013
[[Page 11153]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.014
[[Page 11154]]
[GRAPHIC] [TIFF OMITTED] TR09MR26.015
BILLING CODE 3510-22-C
[[Page 11155]]
Common Pool Management Measures
Common Pool Trip Limits
For the Handgear B permit, Framework 69 approves a change to how
trip limits could be set using Regional Administrator authority,
eliminating the formulaic proportional method for adjusting trip limits
for the Handgear B permit. Instead, Handgear B trip limits will be set
in a manner consistent with trip limits for other permits, up to a
maximum of 75 lb (34 kilograms (kg)) per trip. For Small Vessel
Category permits, this action clarifies that these vessels are subject
to limits for stocks below the 300-lb (136-kg) combined trip limit for
cod, haddock, and yellowtail flounder.
This action approves changes under section 305(d) authority in the
Magnuson-Stevens Act to clarify the regulations in Sec. 648.86 that
implement possession limits for the Northeast multispecies fishery.
Trip limits in Sec. 648.86 are now presented by permit category, and
in a tabular format. Possession and trip limits for other multispecies
permits, such as Handgear A and Handgear B, are also now in Sec.
648.86.
In conjunction with these changes under section 305(d) authority of
the Magnuson-Stevens Act, this action implements and reaffirms trip
limits for Northeast multispecies 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.
Table 12 below summarizes the fishing year 2025 common pool trip limits
for all stocks.
Table 12--2025 Common Pool Daily and Trip Possession Limits
----------------------------------------------------------------------------------------------------------------
2025 Common pool daily and trip possession limits
-------------------------------------------------------------------------------
Stock Small vessel
DAS permits Handgear A Handgear B category
----------------------------------------------------------------------------------------------------------------
GOM Cod......................... 25 lb (11.3 kg) 25 lb (11.3 kg) 25 lb (11.3 kg) 25 lb (11.3 kg)
per DAS, up to 50 per trip. per trip. per trip.
lb (22.7 kg) per
trip.
-------------------------------------------------------------------------------
GB Cod.......................... 0 lb (0 kg) per trip; possession prohibited.
-------------------------------------------------------------------------------
GB Haddock...................... 1,000 lb (454 kg) 1,000 lb (454 kg) per trip 300 lb (136.1 kg)
per DAS, up to per trip.
2,000 lb (907 kg)
per trip.
-----------------------------------------------------------
GOM Haddock..................... 1,000 lb (454 kg) 1,000 lb (454 kg) .................. 300 lb (136.1 kg)
per DAS, up to per trip. per trip.
2,000 lb (907 kg)
per trip.
-------------------------------------------------------------------------------
GB Yellowtail Flounder.......... 100 lb (45.4 kg) per trip.
-------------------------------------------------------------------------------
SNE/MA Yellowtail Flounder...... 200 lb (90.7 kg) 200 lb (90.7 kg) per trip.
per DAS, up to
400 lb (181 kg)
per trip.
-----------------------------------------------------------
Cape Cod (CC)/GOM Yellowtail 1,500 lb (680 kg) 1,500 lb (680 kg) per trip 300 lb (136.1 kg)
Flounder. per DAS, up to per trip.
3,000 lb (1,361
kg) per trip.
-----------------------------------------------------------
American Plaice................. 3,000 lb per 3,000 lb (1,361 kg) per trip.
(1,361 kg) DAS,
up to 6,000 lb
(2,722 kg) per
trip.
-------------------------------------------------------------------------------
Witch Flounder.................. 1,500 lb (680 kg) per trip.
-------------------------------------------------------------------------------
GB Winter Flounder.............. 500 lb (227 kg) per trip.
-------------------------------------------------------------------------------
GOM Winter Flounder............. 2,000 lb (907 kg) per trip.
-------------------------------------------------------------------------------
SNE/MA Winter Flounder.......... 2,000 lb (907 kg) 2,000 lb (907 kg) per trip.
per DAS, up to
4,000 lb (1,814
kg) per trip.
-------------------------------------------------------------------------------
Redfish......................... No Limit.
-------------------------------------------------------------------------------
White Hake...................... 1,000 lb (454 kg) per trip.
-------------------------------------------------------------------------------
Pollock......................... No Limit.
-------------------------------------------------------------------------------
Atlantic Halibut................ 1 fish per trip.
-------------------------------------------------------------------------------
Windowpane Flounder.............
Ocean Pout...................... Possession
Prohibited..
Atlantic Wolffish...............
----------------------------------------------------------------------------------------------------------------
Differential Days-At-Sea (DAS) Counting for Common Pool Vessels
This action removes obsolete regulations in Sec. 648.82 that
describe the differential DAS counting AM for the common pool for
fishing years 2010 and 2011. References to differential DAS counting
would also be removed from other sections in Subpart F.
Additionally, Framework 69 approves the removal of regulations at
Sec. 648.82(o) that provide the Regional Administrator with the
discretion to implement differential DAS counting beyond fishing year
2011.
[[Page 11156]]
Recreational Management Measures
This action sets recreational measures for GOM haddock (see table
13). The basis for these measures was described more fully in the
proposed rule. Although the proposed rule included the addition of a
May season for GOM cod, this opening was developed as a measure for
fishing year 2025. At its January 2026 Council meeting, the Council
recommended that cod not have a May season in fishing year 2026. Given
the timing of this final rule, and that it could not be implemented in
time to have a May 2025 cod season, NMFS is not changing the cod season
in this action from the current regulations, and the regulations in
this action no longer include the May 1 to May 31 provision. Further
consideration of the Council's recommendations will be conducted in a
future rulemaking. Recreational measures for GB cod were set by the
2025 emergency action and are not changed in this action.
Table 13--Recreational Management Measures
----------------------------------------------------------------------------------------------------------------
Possession
limit (for Minimum size
Stock hire and in inches Open Season
private) (centimeters)
----------------------------------------------------------------------------------------------------------------
GOM Haddock................................ 15 17 (43.2) May 1-February 28/29 and April 1-
30.
GOM Cod.................................... 1 23 (58.4) September 1-October 31.
----------------------------------------------------------------------------------------------------------------
Catch Thresholds for Scallop Fishery Accountability Measures
Framework 69 permanently removes one of the two catch thresholds
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. This change applies to overages caused by catch
occurring in the 2025 fishing year and would not affect any AMs due to
previous years' overages.
Clarifying Regulatory Changes
This action approves multiple changes to clarify, correct, or
remove existing regulations necessary to effectively implement the FMP.
These changes were described in detail in the proposed rule and are not
repeated here.
Comments and Responses on Measures Proposed in the Framework 69
Proposed Rule
NMFS received 118 comments in response to the Framework 69 proposed
rule. Comments were submitted by Northeast Seafood Coalition (NSC),
Massachusetts Division of Marine Fisheries (MADMF), Conservation Law
Foundation (CLF), Oceana, 6 companies associated with the fishing
industry, 2 companies unrelated to the fishing industry, and 106
members of the public, including both commercial and recreational
fishermen. Statements in these comments that are specific to other
groundfish actions, such as Amendment 25 and Framework 72, are outside
the scope of this action and not addressed further. Two comments of the
118 were irrelevant to the Northeast groundfish fishery and this action
and are not addressed further.
Specifications
Comment 1: CLF, MADMF, and Oceana support the proposed quotas
contained in Framework 69. NSC commented in support of the quotas that
Framework 69 proposes to increase. One member of the public wrote that
the quotas in this action are wrong but did not provide alternative
quotas or data to support alternative quotas.
Response 1: NMFS agrees that the specifications proposed in
Framework 69 represent the best available science and therefore
approves the quotas as proposed, except for GB haddock, which is
increased as described more fully in the Catch Limits for Fishing Years
2025-2027 section of this rule.
Comment 2: NSC commented in support of increasing the GB haddock
ABC, highlighting concerns regarding the 2024 biomass apportionment.
CLF and Oceana both commented in opposition to any increase to the GB
haddock ABC and urged NMFS to implement the ABC recommended by the
Council's SSC. Oceana commented that NMFS does not have the authority
to set an ABC and should not increase catch limits above the SSC
recommendation. MADMF included discussion of the process that developed
the proposed GB haddock ABC but did not advocate for or against a
different ABC. Both NSC and MADMF indicated support for the Council's
efforts to revisit the biomass apportionment methodology in the future.
Response 2: NMFS is increasing the ABC for GB haddock up to the OFL
of 8,034 mt consistent with the Magnuson-Stevens Act, the FMP's goals
and objectives for managing the fishery at sustainable levels,
achieving optimum yield on a continuing basis, and mitigating adverse
economic impacts on fishing communities to the extent practicable. The
Magnuson-Stevens Act authorizes NMFS to take actions required to carry
out FMPs and requires catch limits that prevent overfishing, which the
increased ABC achieves. Optimum yield represents catch amounts that are
prescribed on the basis of maximum sustainable yield from the fishery
as reduced by relevant economic, social, or ecological factors. The
increased ABC amount takes into account relevant catch and sector
transaction information to provide an improved balance of economic,
social, and ecological factors that will provide the greatest overall
benefit to the nation. This action is uniquely situated in its timing
and context. The GB haddock fishery is not overfished, overfishing is
not occurring, and the unusual timing of this action provided access to
information supporting a change that continues to have a strong
probability of preventing overfishing while mitigating adverse economic
impacts.
The increased ABC is based on newly available realized catch
information that provides a more certain basis on which to base
probability calculations than the catch estimates used by the SSC. The
realized catch information was unavailable to the SSC when it
recommended the ABC to the Council and became available to NMFS because
of the unique timing for implementing this action. As described more
fully in Catch Limits for Fishing Years 2025-2027 of this rule, new
analysis using realized--rather than estimated--2024 catch, indicates
that the increased catch limit also has a greater than 50-percent
probability of preventing overfishing. As explained, the increase in
the ABC is expected to increase the flexibility of sectors to access
the available stock biomass while maintaining a greater than 50-percent
probability of preventing overfishing.
[[Page 11157]]
National Standard 8 requires minimizing adverse economic impacts on
fishing communities to the extent practicable. National Standard 8
guidelines state that ``[a]ll other things being equal, where two
alternatives achieve similar conservation goals, the alternative that
provides the greater potential for sustained participation of such
communities and minimizes the adverse economic impacts on such
communities would be the preferred alternative.'' 50 CFR 600.345. The
Council-recommended ABC and associated ACLs represent a substantial
decrease in available catch from the 2024 limits and are expected to
result in serious adverse economic impacts on the fishery. Consistent
with National Standard 8, the increased ABC achieves similar
conservation goals as the Council recommended ABC. Both similarly avoid
adverse impacts on the stock and have a greater than 50-percent
probability of preventing overfishing. In addition to the greater than
50-percent probability of preventing overfishing, the GB haddock stock
is currently not overfished and is not subject to overfishing, and in
this instance, the higher catch limit will not cause the stock to be
overfished. This slight increase from the Council recommended ABC also
helps to minimize to the extent practicable the adverse economic
impacts from the overall reduction in allowed catch from last year's
limit.
Comment 3: Obelisk Tech Systems (OTS) stated that 50 CFR part 648
does not use the best available science, but it does not provide
alternative data or models on which to base quotas. It also stated that
a ``conservation regime that suppresses lawful harvest . . . violates
national production and resilience policy.''
Response 3: The Council developed Framework 69 based on all
available science and stock assessments that go through rigorous peer
review, consistent with the National Standard 2 Guidelines. The
Council's SSC considers all available science to recommend catch levels
back to the Council. While OTS provides other ideas for getting more
scientific information, none of those are valid sources of information
and data to support stock assessments at this time. Development of
stock assessments and the Council's development of management actions
are highly accessible public endeavors that OTS could participate in to
provide input and potential solutions during the development of an
assessment or action.
The Magnuson-Stevens Act mandates that FMPs must be consistent with
National Standards. National Standard 1 states that ``Conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery for the United
States fishing industry.'' The specifications in Framework 69, as
considered, developed, and recommended by the Council, reviewed by
NMFS, and implemented through this action, comply with this and all
Magnuson-Stevens Act National Standards. Higher harvest levels could
not be legally implemented by NMFS.
Commercial Measures
Comment 4: NMFS received two comments from members of the public
that commercial fishermen should be able to catch cod, one specifically
stating that there should be a bycatch cod limit in southern New
England. One comment stated that commercial fishing should not be
allowed within 20 miles of shore, and four others that the commercial
fishery should be closed or controlled.
Response 4: While this action did not set quotas for GOM cod or GB
cod, as those were set by emergency action for fishing year 2025, it
does reaffirm the common pool trip limits for GOM cod and GB cod that
were set by that emergency action and updates the allocation of both
GOM cod and GB cod to sectors, to reflect final rosters. These measures
are intended to balance the goal of maintaining a fishery for cod with
the requirement to rebuild overfished stocks. Closing the groundfish
fishery within 20 miles of shore is a measure that is outside the scope
of this action. Commercial fishing is in fact tightly controlled, and
additional fishery closures beyond those authorized in the FMP are
outside the scope of this action.
Comment 5: One comment proposed that the common pool should be able
to carry over unused quota from a fishing year into the next fishing
year.
Response 5: At this time, the Northeast Multispecies FMP allows for
carryover of unused quota only by sectors. This action did not propose
any changes to annual management of common pool quota, and therefore
such an action is outside the scope of this action.
Recreational Measures
Comment 6: Six charter boat companies and 96 members of the public
commented on recreational measures. Almost all of these comments were
directed at the prohibition of GB cod for recreational vessels or were
presumed to be based on the similarity to other comments received, even
if the comment itself did not specify a specific region or type of
fishery associated with the comment. While most commenters requested
the re-opening of the cod fishery, four stated that the fishery should
remain closed. One comment stated that recreational fishing should be
allowed in international waters. None of these comments were clearly
directed at the GOM cod or GOM haddock recreational measures.
Response 6: Recreational measures for GB cod were not set by this
action, but through the emergency rulemaking and therefore are not
addressed further. Fishing in international waters is outside the scope
of this action.
Cod
Comment 7: While most comments received on this proposed rule
addressed recreational or commercial catch of cod, three comments from
the public spoke more generally about the cod fishery, emphasizing its
importance in the Northeast. This view was echoed in many other
comments that were specific to commercial or recreational fishing.
Response 7: NMFS acknowledges the importance of a cod fishery.
While this action did not set quotas for GOM cod or GB cod, as those
were set by emergency action for fishing year 2025, it does reaffirm
the common pool trip limits for GOM cod and GB cod that were set by
that emergency action. It also updates the allocation of both GOM cod
and GB cod to sectors, to reflect final rosters for fishing year 2025.
All of these measures are intended to balance the goal of maintaining a
fishery for cod with the requirement to rebuild overfished stocks.
Catch Threshold for Scallop Fishery AMs
Comment 8: MADMF commented in support of the proposed change to the
catch threshold for the scallop fishery AMs. CLF and Oceana's comments
opposed this proposed change. Oceana stated that the past overages
indicate that the existing AMs should be enhanced, rather than relaxed,
regardless of the overall ACL for these stocks. CLF echoed this,
stating that the reactive AMs have failed to reduce the scallop
fishery's catch of northern windowpane flounder, and that the Council
should prioritize more effective solutions to address the conditions
that cause the overages.
Response 8: The catch threshold that considers the overall ACL
remains in place, and NMFS asserts this will continue to constrain
overall catch of GB yellowtail flounder and northern windowpane
flounder. Therefore,
[[Page 11158]]
NMFS is approving the modification, as proposed. In addition, during
the development of this action, NMFS recognized the need for a measure
to address concerns about operation of the scallop fishery and noted
that the Council should continue to develop measures to minimize both
the frequency and magnitude of overages and correct the problems that
have contributed to the overages. In response, the Council has
indicated that it will continue to consider approaches to update the
AMs for the scallop fishery to improve the AMs.
Other Measures
Comment 9: NSC and MADMF support the proposed changes to sector
reporting requirements.
Response 9: NMFS agrees and is approving the proposed changes to
sector reporting requirements.
Comment 10: MADMF encouraged NMFS to prioritize funding of a 100-
percent ASM coverage target, to allow for the removal of management
uncertainty buffers.
Response 10: NMFS has set a 100-percent ASM coverage target for
fishing year 2025, and removal of the management uncertainty buffers
for sectors is warranted.
Comment 11: MADMF wrote in support of the numerous other regulatory
changes proposed in this action, and Oceana indicated general support
for the measures proposed in this action, unless otherwise noted. One
member of the public commented on measures in the proposed action,
stating that the East Coast gets ``structure and accountability,''
while another stated that NMFS has waited too long to control
overfishing.
Response 11: NMFS is approving the proposed regulatory changes. The
approved measures are intended to promote sustainable fisheries using
best available science and rebuild overfished stocks.
Timing
Comment 12: MADMF stressed the importance of ``expeditious
implementation'' of Framework 69 following the publication of the
proposed rule. It highlighted that the delay has affected the
industry's ability to plan trips, maintain crews, align with market
demand, and access the increased allocations for GOM haddock and
several flatfish stocks. Oceana and CLF also urged NMFS to ``promptly''
approve Framework 69, and Oceana pointed out that NMFS does not have
the flexibility to extend the emergency measures currently in place
beyond April 30, 2026. CLF questioned the source of the delays in
publication of the proposed rule. NSC also commented on the timing
concerns, highlighting the portion of the fishing year that has passed
without implementation of this action.
Response 12: This action was developed by the Council as part of
the annual Framework Adjustment process, during which final action was
taken in December 2024, and the Council submitted the final Framework
on March 11, 2025. However, NMFS's approval of certain measures
contained within the Council's recommended Framework 69 were dependent
on the agency's approval of a separate but related action, Amendment
25. The disapproval of the original Amendment 25 in May 2025 required
adjustments to the Framework 69 proposed rule. That, combined with
delays in rulemaking following the 6-week partial government shutdown,
meant NMFS was unable to publish a proposed rule for Framework 69 until
December 8, 2025.
NMFS understands the impact the rulemaking delays have had on the
industry and on the ability to manage and rebuild overfished stocks in
the fishery and is approving the measures in this action in this
rulemaking.
Paperwork Reduction Act (PRA)
Comment 13: OTS commented on the PRA burdens associated with Part
648, stating that the actual burdens are at least three times NOAA's
estimates.
Response 13: The changes to reporting requirements that were
proposed in this action were minimal and resulted in a reduction of
burden. For Office of Management and Budget (OMB) Control Number 0648-
0605, NMFS contacted the primary members of the public that are
affected by this control, specifically the sector managers, to update
estimates of burden, and the estimates compiled reflected the input
received. For OMB Control Number 0648-0202, only one change was
proposed, the removal of a rarely used letter of authorization that
relieved a requirement. Otherwise, NMFS did not change the requirements
associated with this control number. Other control numbers associated
with Part 648 were not affected by this action. OTS provided no
information or data to support its statement that the burden estimates
should be tripled, and therefore NMFS maintains the burden estimates
provided in the proposed rule.
Economic Analysis
Comment 14: OTS stated that NOAA's economic analysis fails to
quantify economic losses, both direct and indirect, adequately or at
all.
Response 14: While OTS names types of economic impacts, it did not
provide additional data or information on which to base changes to the
quota change model or the information used to estimate the economic
impacts of this action. As a result, NMFS has not changed the
conclusions provided in the proposed rule, IRFA, and FRFA.
Changes From the Proposed Rule
As more fully described in the section titled Catch Limits for
Fishing Years 2025-2027, the GB haddock ABC approved in this final rule
has been increased from the proposed amount of 7,410 mt to 8,034 mt. As
described in the section titled Recreational Management Measures, the
current GOM cod season is not changed by this final rule.
Classification
NMFS is issuing this rule pursuant to sections 304(b)(3) and 305(d)
of the Magnuson-Stevens Act, which provide specific authority for
implementing this action. Pursuant to section 305(d), this action sets
specifications for stocks managed by the Northeast Multispecies FMP, as
recommended by the Council, in accordance with Sec. 648.90(a)(4),
makes clarifying changes in the regulations for the Northeast
Multispecies FMP, and is necessary to carry out the Northeast
Multispecies FMP. The NMFS Assistant Administrator has determined that
this final rule is consistent with Framework Adjustment 69, the
Northeast Multispecies FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
This rule is not an Executive Order 14192 regulatory action because
this rule is not significant under Executive Order 12866.
The Assistant Administrator for Fisheries finds that waiver of the
30-day delayed effectiveness of this action pursuant to 5 U.S.C.
553(d)(1) and (3) is justified. This action relies on the best
available science to set fishing year 2025 catch limits for groundfish
stocks and adopts several other measures to improve the management of
the groundfish fishery. This final rule must be implemented as soon as
possible to ensure it is in effect during the current fishing year and
fully captures the conservation and economic benefits of Framework 69
and avoids additional adverse economic impacts from further delay.
A delay in implementation of this rule increases negative economic
effects for regulated entities. For several stocks,
[[Page 11159]]
notably GOM haddock, the fishery is operating under quotas set by
previous actions that are lower than those implemented by this rule.
Additionally, all sectors are operating under quotas that are reduced
to account for management uncertainty, and this action removes that
buffer, resulting in higher quotas for all allocated stocks. Relieving
the restriction on catch from application of the management uncertainty
buffer also provides operational flexibility and prevents potential
earlier closures of fisheries. A continued delay could limit economic
opportunities for the fishery to fully access this quota within the
2025 fishing year. It could lead to confusion and uncertainty, because
if the higher quotas are not implemented before the end of the fishing
year, the fishery may be held to lower quotas for the purposes of final
year catch accounting contrary to fishing participant expectations.
Additionally, this rule contains no new measures (e.g., gear
requirements) for which regulated entities need time to prepare or
revise their current practices. Fishermen who are subject to this
action expect and need timely implementation to avoid adverse economic
impacts. This action is similar to the process used to set quotas every
1-2 years and specifications that have been implemented regularly for
over a decade. It approves all items as proposed, other than the
increase to the GB haddock quota, and contains quotas and adjustments
to the management plan that were discussed at multiple noticed meetings
where the public was provided opportunity to learn about the action,
ask questions, and provide input into the development of the measures.
Affected parties and other interested parties participated in this
public process to develop this action and desire and expect
implementation as soon as possible.
Therefore, for the reasons described above, there is good cause
pursuant to Sec. 553(d)(3) to waive the 30-day delay requirement for
this final rule.
Additionally, Sec. 553(d)(1) permits waiving the 30-day delay in
effectiveness for substantive rules that relieve a restriction. This
rule removes several reporting requirements. Additionally, once this
rule goes into effect, all fishermen impacted by the action will be
under new quota limits that increase their opportunity to fish. Until
the rule is in effect, those fishermen are effectively restricted in
their opportunity to fish. Therefore, waiving the 30-day delay for this
rule would relieve those restrictions on the fishermen.
In sum, a delay in implementation of this action would greatly
diminish the benefits of these specifications and other approved
measures and would restrict the fishery participants' ability to fish
under increased quotas. For these reasons, a waiver of the requirement
for a 30-day delay in the effectiveness of this rule is justified.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes. Therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA) requires
Federal agencies to prepare a Final Regulatory Flexibility Analysis
(FRFA) for each final rule that describes the economic impact of this
action on small entities (5 U.S.C. 604). The FRFA includes a summary of
significant issues raised by public comments, the analyses contained in
Framework 66 and its accompanying Environmental Assessment, Regulatory
Impact Review, and Initial Regulatory Flexibility Analysis (IRFA), the
IRFA summary in the proposed rule, as well as the information provided
below. A statement of the necessity for and for the objectives of this
action are contained in Framework 69 and in the preamble to this final
rule and is not repeated here.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (the guide) was prepared. Copies of this
final rule are available from the Greater Atlantic Regional Fisheries
Office, and the guide (i.e., permit holder letter) will be sent to all
holders of permits for the fishery. The guide and this final rule will
be available upon request.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
NMFS received one comment regarding the economic analysis, stating
that it failed to quantify economic losses, both direct and indirect,
adequately or at all. However, while this comment listed types of
economic impacts, it did not provide additional data or information on
which to base changes to the quota change model results used to
estimate the economic impacts of this action. As a result, NMFS has not
changed the conclusions provided in the proposed rule, IRFA, and FRFA.
Description and Estimate of the Number of Small Entities to Which This
Final Rule Would Apply
This final rule impacts 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 this
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 (e.g., 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 this action. Ownership entities are
identified
[[Page 11160]]
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 (North American Industry Classification
System (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 5 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 this action potentially regulates. All 1,648
business entities identified could be directly regulated by this
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 Final Rule
This action does not contain any new collection-of-information
requirements subject to PRA (44 U.S.C. 3501 et seq.) requirements, but
it does remove three existing reporting requirements. This action
removes 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.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The economic impacts of each measure are discussed in more detail
in sections 6.5 and 7.12 of the draft Framework 69 Environmental
Assessment (see ADDRESSES), and in the IRFA, and are not repeated here.
The EA also included the economic impact of measures relating to the
four stocks of cod, which were not proposed and are not approved in
this rule, due to the May 2025 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 in this rule were
not approved.
NMFS considered the Council's range of alternatives for each of the
management measures included in this action that were included in the
proposed rule, as well as the No Action alternatives for each measure.
NMFS could have selected any combination of alternatives or the No
Action alternative for the range of measures. NMFS is implementing in
this final rule, all of the alternatives to the No Action alternatives
for each management measure (not including the measures that depended
on Amendment 25 and were therefore excluded from the proposed rule).
Compared to the No Action alternative, implementation of this final
rule is expected to create approximately $1.3 million more gross
revenue. Small entities engaged in common pool groundfish fishing are
expected to be positively impacted by the final action, relative to the
No Action alternative. NMFS took additional steps to increase the GB
haddock ABC to minimize the impacts of quota reductions on small
entities. By increasing allocations of a GB haddock, which is a quota-
limited stock for sectors, this is expected to increase revenue by
providing additional fishing opportunities and flexibility, and
reducing the need for vessels to lease additional quota.
Paperwork Reduction Act
This rule contains a collection-of-information requirement subject
to review and approval by the OMB under the PRA. First, 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 the weekly
sector 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.
Second, this action removes 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 changes the collection of information 0648-0202, Greater Atlantic
Region Permit Family of Forms. The removal of this regulation is
expected to reduce the public
[[Page 11161]]
reporting burden by approximately 0.085 hours per response.
NMFS invites the general public and other Federal agencies to
comment on the proposed and continuing information collections, which
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted on
the following website: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find
this particular information collection by using the search function and
entering either the title of the collection of the OMB Control Numbers
0648-0605 and 0648-0202.
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: March 5, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, NMFS amends 50 CFR part 648
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. 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) * * *
(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 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
[[Page 11162]]
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. 648.85(b)(3)(xi) or Sec.
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. 648.89(b)(2)(ii) and
(c)(8).
* * * * *
(C) If the vessel is a private recreational fishing vessel, fail to
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;
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.
* * * * *
[[Page 11163]]
(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
(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 Sec.
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 the 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>.
[[Page 11164]]
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Stock \1\ DAS limit \2\ Trip limit \2\
------------------------------------------------------------------------
GB cod \3\.................. 0 lb (0 kg) per DAS. 0 lb (0 kg) per
trip.
GOM cod\3\.................. 25 lb (11.3 kg) per 50 lb (22.7 kg) per
DAS. trip.
GOM haddock................. 1,000 lb (453 kg) 2,000 lb (907 kg)
per DAS. per trip.
GB haddock.................. 1,000 lb (453 kg) 2,000 lb (907 kg)
per DAS. per trip.
CC/GOM yellowtail flounder 1,500 lb (680 kg) 3,000 lb (1,360 kg)
\4\. per DAS. per trip.
GB yellowtail flounder \4\.. No daily limit...... 100 lb (45.4 kg) per
trip.
SNE yellowtail flounder \4\. 200 lb (90.7 kg) per 400 lb (181 kg) per
DAS. trip.
American plaice............. 3,000 lb (1,360 kg) 6,000 lb (2,721 kg)
per DAS. per trip.
Witch flounder.............. No daily limit...... 1,500 lb (680 kg)
per trip.
GB winter flounder.......... No daily limit...... 500 lb (227 kg)
trip.
GOM winter flounder......... No daily limit...... 2,000 lb (907 kg)
per trip.
SNE/MA winter flounder...... 2,000 lb (907 kg) 4,000 lb (1,814 kg)
per DAS. per trip.
Redfish..................... Unlimited........... Unlimited.
White hake.................. No daily limit...... 1,000 lb (453 kg)
per trip.
Pollock..................... Unlimited........... Unlimited.
------------------------------------------------------------------------
\1\ The stock areas that apply to these possession limits are specified
in Sec. 648.88.
\2\ The possession limits in Table 1 to Paragraph (a)(1) may be adjusted
in-season by the Regional Administrator, as specified under at Sec.
648.86(a)(5). Current possession limits 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>.
\3\ Additional restrictions for cod stocks are specified at Sec.
648.86(a)(6)(iii).
\4\ Additional restrictions for yellowtail flounder stocks are specified
at Sec. 648.86(a)(6)(iv).
(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) of this section, a Handgear A vessel
may retain, per trip, up to the trip limit specified in paragraph
(a)(1) of this section. 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) of this
section, a Handgear B vessel may retain, per trip, up to the trip limit
specified in paragraph (a)(1) of this section. 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 (0 kg), in which case
the Handgear B possession limit is also 0 lb (0 kg). 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 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 (726 kg) 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 (227 kg) and the GOM winter
flounder trip limit is 2,000 lb (907 kg), a vessel fishing in both the
GB and GOM winter flounder stock areas on the same
[[Page 11165]]
trip cannot possess more than 500 lb (227 kg) 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 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 Sec. 648.10(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 1
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 (907 kg) 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
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 possess and land haddock only 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
[[Page 11166]]
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):
Table 2 to Paragraph (d)(2)--Herring GOM Haddock Accountability Measure
Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
HGA1........................ (\1\) 69[deg]20'
HGA......................... 43[deg]40' 69[deg]20'
HGA3........................ 43[deg]40' 69[deg]00'
HGA4........................ 43[deg]20' 69[deg]00'
HGA5........................ 43[deg]20' (\2\)
HGA6........................ 42[deg]20' (\3\)
HGA7........................ 42[deg]20' 70[deg]00'
HGA8........................ (\4\) 70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Maine coastline and 69[deg]20' W long.
\2\ The intersection of the U.S./Canada maritime boundary and 43[deg]20'
N lat.
\3\ The intersection of the U.S./Canada maritime boundary and 42[deg]20'
N lat.
\4\ The intersection of the north-facing shoreline of Cape Cod, MA, and
70[deg]00' W long.
(3) 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):
Table 3 to Paragraph (d)(3)--Herring GB Haddock Accountability Measure
Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
1........................... 42[deg]20' 70[deg]00'
2........................... 42[deg]20' (\1\)
3........................... 40[deg]30' (\1\)
4........................... 40[deg]30' 66[deg]40'
5........................... 39[deg]50' 66[deg]40'
6........................... 39[deg]50' 68[deg]50'
7........................... (\2\) 68[deg]50'
8........................... 41[deg]00' (\3\)
9........................... 41[deg]00' 69[deg]30'
10.......................... 41[deg]10' 69[deg]30'
11.......................... 41[deg]10' 69[deg]50'
12.......................... 41[deg]20' 69[deg]50'
13.......................... 41[deg]20' (\4\)
14.......................... (\5\) 70[deg]00'
15.......................... (\6\) 70[deg]00'
16.......................... (\7\) 70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the U.S./Canada maritime boundary.
\2\ The intersection of the boundary of Closed Area I and 68[deg]50' W
long.
\3\ The intersection of the boundary of Closed Area I and 41[deg]00' N
lat.
\4\ The intersection of the east-facing shoreline of Nantucket, MA, and
41[deg]20' N lat.
\5\ The intersection of the north-facing shoreline of Nantucket, MA, and
70[deg]00' W long.
\6\ The intersection of the south-facing shoreline of Cape Cod, MA, and
70[deg]00' W long.
\7\ The intersection of the north-facing shoreline of Cape Cod, MA, and
70[deg]00' W long.
(4) 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.
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) 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
[[Page 11167]]
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. Revise Sec. 648.88 to 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:
Table 1 to Paragraph (a)(1)--GOM Cod Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
GOM1.......................... (\1\) 70[deg]00'
GOM2.......................... 42[deg]20' 70[deg]00'
GOM3.......................... 42[deg]20' 67[deg]40'
GOM4.......................... (\2\) 67[deg]40'
GOM5.......................... (\3\) 67[deg]40'
GOM6.......................... 43[deg]50' 67[deg]40'
GOM7.......................... 43[deg]50' (\4\)
GOM8.......................... (\4\) 67[deg]00'
GOM9.......................... (\5\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ U.S./Canada maritime boundary (southern intersection with 67[deg]40'
W long.).
\3\ U.S./Canada maritime boundary (northern intersection with 67[deg]40'
W long.).
\4\ U.S./Canada maritime boundary.
\5\ Intersection of the south-facing ME coastline and 67[deg]00' W long.
(2) GB cod stock area. The GB cod stock is the area defined by
straight lines connecting the following points in the order stated:
Table 2 to Paragraph (a)(2)--GB Cod Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
GB1........................... \(1)\ 70[deg]00'
GB2........................... 42[deg]20' 70[deg]00'
GB3........................... 42[deg]20' (\2\)
GB4........................... 35[deg]00' (\2\)
GB5........................... 35[deg]00' (\3\)
------------------------------------------------------------------------
\1\ Intersection of north-facing Cape Cod, MA, and 70[deg]00' W long.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of east-facing coastline of Outer Banks, NC, and
35[deg]00' N lat.
(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:
Table 5 to Paragraph (a)(5)--GB Haddock Stock Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
GB1........................... (\1\) 70[deg]00'
GB2........................... 42[deg]20' 70[deg]00'
GB3........................... 42[deg]20' (\2\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ U.S./Canada maritime boundary.
(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:
Table 6 to Paragraph (a)(6)--GOM Haddock Stock Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
GOM1.......................... (\1\) 70[deg]00'
GOM2.......................... 42[deg]20' 70[deg]00'
GOM3.......................... 42[deg]20' 67[deg]40'
GOM4.......................... (\2\) 67[deg]40'
GOM5.......................... (\3\) 67[deg]40'
GOM6.......................... 43[deg]50' 67[deg]40'
GOM7.......................... 43[deg]50' (\4\)
GOM8.......................... (\4\) 67[deg]00'
GOM9.......................... (\5\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ U.S./Canada maritime boundary southern intersection with 67[deg]40'
W long.).
\3\ U.S./Canada maritime boundary northern intersection with 67[deg]40'
W long.).
\4\ U.S./Canada maritime boundary.
\5\ Intersection of the south-facing ME coastline and 67[deg]00' W long.
(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:
Table 7 to Paragraph (a)(7)--GB Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
USCA1......................... 42[deg]20' 68[deg]50'
USCA16........................ 42[deg]20' (\1\)
USCA5......................... 39[deg]00' (\1\)
USCA17........................ 39[deg]00' 69[deg]00'
USCA18........................ 39[deg]50' 69[deg]00'
USCA2......................... 39[deg]50' 68[deg]50'
USCA1......................... 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
(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:
Table 8 to Paragraph (a)(8)(i)--SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
SNEMA1........................ 35[deg]00' (\1\)
SNEMA2........................ 35[deg]00' (\2\)
SNEMA3........................ 39[deg]00' (\2\)
SNEMA4........................ 39[deg]00' 69[deg]00'
SNEMA5........................ 39[deg]50' 69[deg]00'
SNEMA6........................ 39[deg]50' 68[deg]50'
SNEMA7........................ 41[deg]00' 68[deg]50'
SNEMA8........................ 41[deg]00' 69[deg]30'
SNEMA9........................ 41[deg]10' 69[deg]30'
SNEMA10....................... 41[deg]10' 69[deg]50'
SNEMA11....................... 41[deg]20' 69[deg]50'
SNEMA12....................... 41[deg]20' (\3\)
SNEMA13....................... (\4\) 70[deg]00'
[[Page 11168]]
SNEMA14....................... (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of east-facing coastline of Outer Banks, NC, and
35[deg]00' N lat.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of east-facing coastline of Nantucket, MA, and
41[deg]20' N lat.
\4\ Intersection of north-facing coastline of Nantucket, MA, and
70[deg]00' W long.
\5\ Intersection of south-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
(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:
Table 9 to Paragraph (a)(8)(ii)--SNE/MA Yellowtail Flounder B DAS Stock
Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
SNEMA1........................ 40[deg]00' 74[deg]00'
SNEMA2........................ 40[deg]00' 72[deg]00'
SNEMA3........................ 40[deg]30' 72[deg]00'
SNEMA4........................ 40[deg]30' 69[deg]30'
SNEMA5........................ 41[deg]10' 69[deg]30'
SNEMA6........................ 41[deg]10' 69[deg]50'
SNEMA7........................ 41[deg]20' 69[deg]50'
SNEMA8........................ 41[deg]20' (\1\)
SNEMA9........................ (\2\) 70[deg]00'
SNEMA10....................... 41[deg]00' 70[deg]00'
SNEMA11....................... 41[deg]00' 70[deg]30'
SNEMA12....................... (\3\) 70[deg]30'
SNEMA13....................... (\4\) 72[deg]00'
SNEMA14....................... (\5\) 72[deg]00'
SNEMA15....................... (\6\) 73[deg]00'
SNEMA16....................... 40[deg]30' 73[deg]00'
SNEMA17....................... 40[deg]30' 74[deg]00'
SNEMA1........................ 40[deg]00' 74[deg]00'
------------------------------------------------------------------------
\1\ East-facing shoreline of Nantucket, MA.
\2\ South-facing shoreline of Nantucket, MA.
\3\ Intersection of the south-facing shoreline of Cape Cod, MA.
\4\ South-facing shoreline of CT.
\5\ North-facing shoreline of Long Island, NY.
\6\ South-facing shoreline of Long Island, NY.
(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:
Table 10 to Paragraph (a)(9)(i)--CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
CCGOM1........................ (\1\) 70[deg]00'
CCGOM2........................ (\2\) 70[deg]00'
CCGOM3........................ 41[deg]20' (\3\)
CCGOM4........................ 41[deg]20' 69[deg]50'
CCGOM5........................ 41[deg]10' 69[deg]50'
CCGOM6........................ 41[deg]10' 69[deg]30'
CCGOM7........................ 41[deg]00' 69[deg]30'
CCGOM8........................ 41[deg]00' 68[deg]50'
CCGOM9........................ 42[deg]20' 68[deg]50'
CCGOM10....................... 42[deg]20' (\4\)
------------------------------------------------------------------------
\1\ Intersection of south-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ Intersection of north-facing coastline of Nantucket, MA, and
70[deg]00' W long.
\3\ Intersection of east-facing coastline of Nantucket, MA, and
41[deg]20' N lat.
\4\ U.S./Canada maritime boundary.
(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:
Table 11 to Paragraph (a)(9)(ii)--CC/GOM Yellowtail Flounder B DAS Stock
Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
CCGOM1........................ 43[deg]00' (\1\)
CCGOM2........................ 43[deg]00' 70[deg]00'
CCGOM3........................ 42[deg]30' 70[deg]00'
CCGOM4........................ 42[deg]30' 69[deg]30'
CCGOM5........................ 41[deg]30' 69[deg]30'
CCGOM6........................ 41[deg]30' 69[deg]00'
CCGOM7........................ 41[deg]00' 69[deg]00'
CCGOM8........................ 41[deg]00' 69[deg]30'
CCGOM5........................ 41[deg]30' 69[deg]30'
CCGOM9........................ 41[deg]30' 70[deg]00'
CCGOM10....................... (\2\) 70[deg]00'
CCGOM11....................... 42[deg]00' 70[deg]00'
CCGOM12....................... 42[deg]00' (\3\)
CCGOM13....................... 42[deg]00' (\4\)
CCGOM14....................... 42[deg]00' (\5\)
------------------------------------------------------------------------
\1\ Intersection with the NH coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Cape Cod, MA.
\5\ Intersection with the east-facing shoreline of Massachusetts.
(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:
Table 12 to Paragraph (a)(12)--GB Winter Flounder Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
USCA1......................... 42[deg]20' 68[deg]50'
USCA16........................ 42[deg]20' (\1\)
USCA5......................... 39[deg]00' (\1\)
USCA17........................ 39[deg]00' 69[deg]00'
USCA18........................ 39[deg]50' 69[deg]00'
USCA2......................... 39[deg]50' 68[deg]50'
USCA1......................... 42[deg]20' 68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
(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:
Table 13 to Paragraph (a)(13)--GOM Winter Flounder Stock Area
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
GOM1.......................... (\1\) 70[deg]00'
GOM2.......................... 42[deg]20' 70[deg]00'
GOM3.......................... 42[deg]20' 67[deg]40'
GOM4.......................... (\2\) 67[deg]40'
GOM5.......................... (\3\) 67[deg]40'
GOM6.......................... 43[deg]50' 67[deg]40'
GOM7.......................... 43[deg]50' (\4\)
GOM8.......................... (\4\) 67[deg]00'
GOM9.......................... (\5\) 67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ U.S./Canada maritime boundary (southern intersection with 67[deg]40'
N lat.)
\3\ U.S./Canada maritime boundary (northern intersection with 67[deg]40'
N lat.)
\4\ U.S./Canada maritime boundary.
\5\ Intersection of the south-facing ME coastline and 67[deg]00' W long.
(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 11169]]
Table 14 to Paragraph (a)(14)--SNE/MA Winter Flounder Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
SNEMA1........................ (\1\) 70[deg]00'
SNEMA2........................ 42[deg]20' 70[deg]00'
SNEMA3........................ 42[deg]20' 68[deg]50'
SNEMA4........................ 39[deg]50' 68[deg]50'
SNEMA5........................ 39[deg]50' 69[deg]00'
SNEMA6........................ 39[deg]00' 69[deg]00'
SNEMA7........................ 39[deg]00' (\2\)
SNEMA8........................ 35[deg]00' (\2\)
SNEMA9........................ 35[deg]00' (\3\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing Coastline of Cape Cod, MA, and
70[deg]00' W long.
\2\ U.S./Canada maritime boundary.
\3\ The intersection of the east-facing coastline of Outer Banks, NC,
and 35[deg]00' N lat.
(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:
Table 15 to Paragraph (b)--Unit Stock Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
US1........................... (\1\) 67[deg]00'
US2........................... (\2\) 67[deg]00'
US3........................... 43[deg]50' (\2\)
US4........................... 43[deg]50' 67[deg]40'
US5........................... (\3\) 67[deg]40'
US6........................... (\4\) 67[deg]40'
US7........................... 42[deg]30' 67[deg]40'
US8........................... 42[deg]30' (\2\)
US9........................... 35[deg]00' (\2\)
US10.......................... 35[deg]00' (\5\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W long.
\2\ U.S./Canada maritime boundary.
\3\ U.S./Canada maritime boundary (northern intersection with 67[deg]40'
N lat.).
\4\ U.S./Canada maritime boundary (southern intersection with 67[deg]40'
N lat.).
\5\ Intersection of east-facing coastline of Outer Banks, NC, and
35[deg]00' N lat.
0
10. Amend Sec. 648.89 as follows:
0
1. Revise Table 1 to Paragraph (b)(1), and paragraphs (b)(2)(ii),
(c)(1) and (2);
0
2. Add paragraph (c)(8); and
0
3. Remove paragraph (g).
The revisions and addition read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Charter/party minimum Private minimum size Maximum size
size ---------------------------------------------------
Species --------------------------
inches cm inches cm inches cm
----------------------------------------------------------------------------------------------------------------
Cod: ........... ........... ........... ........... ........... ...........
Inside GOM Regulated Mesh Area 23 58.4 23 58.4 N/A N/A
\1\..........................
Outside GOM Regulated Mesh 23 58.4 23 58.4 N/A N/A
Area \1\.....................
Haddock: ........... ........... ........... ........... ........... ...........
Inside GOM Regulated Mesh Area 17 43.2 17 43.2 N/A N/A
\1\..........................
Outside GOM Regulated Mesh 18 45.7 18 45.7 N/A N/A
Area \1\.....................
Pollock........................... 19 48.3 19 48.3 N/A N/A
Witch Flounder (gray sole)........ 14 35.6 14 35.6 N/A N/A
Yellowtail Flounder............... 13 33.0 13 33.0 N/A N/A
American Plaice (dab)............. 14 35.6 14 35.6 N/A N/A
Atlantic Halibut.................. 41 104.1 41 104.1 N/A N/A
Winter Flounder (black back)...... 12 30.5 12 30.5 N/A N/A
Redfish........................... 9 22.9 9 22.9 N/A N/A
----------------------------------------------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
(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 11170]]
Table 2 to Paragraph (c)(1)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... CLOSED................. No retention........... All Year.
GOM Cod.............................. September 1-October 31. 1...................... May 1-August 31;
November 1-April 30.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-March 31.
29); April 1-30.
GB Yellowtail Flounder............... All Year............... Unlimited.............. N/A.
SNE/MA Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
CC/GOM Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
American Plaice...................... All Year............... Unlimited.............. N/A.
Witch Flounder....................... All Year............... Unlimited.............. N/A.
GB Winter Flounder................... All Year............... Unlimited.............. N/A.
GOM Winter Flounder.................. All Year............... Unlimited.............. N/A.
SNE/MA Winter Flounder............... All Year............... Unlimited.............. N/A.
Redfish.............................. All Year............... Unlimited.............. N/A.
White Hake........................... All Year............... Unlimited.............. N/A.
Pollock.............................. All Year............... Unlimited.............. N/A.
Northern Windowpane Flounder......... CLOSED................. No retention........... All Year.
Southern Windowpane Flounder......... CLOSED................. No retention........... All Year.
Ocean Pout........................... CLOSED................. No retention........... All Year.
--------------------------------------------------------------------------
Atlantic Halibut..................... See paragraph (c)(3) of this section.
--------------------------------------------------------------------------
Atlantic Wolffish.................... CLOSED................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
(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).
Table 3 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... CLOSED................. No retention........... All Year.
GOM Cod.............................. September 1-October 31. 1...................... May 1-August 31;
November 1-April 30.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-March 31.
29) April 1-30.
GB Yellowtail Flounder............... All Year............... Unlimited.............. N/A.
SNE/MA Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
CC/GOM Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
American Plaice...................... All Year............... Unlimited.............. N/A.
Witch Flounder....................... All Year............... Unlimited.............. N/A.
GB Winter Flounder................... All Year............... Unlimited.............. N/A.
GOM Winter Flounder.................. All Year............... Unlimited.............. N/A.
SNE/MA Winter Flounder............... All Year............... Unlimited.............. N/A.
Redfish.............................. All Year............... Unlimited.............. N/A.
White Hake........................... All Year............... Unlimited.............. N/A.
Pollock.............................. All Year............... Unlimited.............. N/A.
N Windowpane Flounder................ CLOSED................. No retention........... All Year.
S Windowpane Flounder................ CLOSED................. No retention........... All Year.
Ocean Pout........................... CLOSED................. No retention........... All Year.
--------------------------------------------------------------------------
Atlantic Halibut..................... See paragraph (c)(3) of this section.
--------------------------------------------------------------------------
Atlantic Wolffish.................... CLOSED................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
* * * * *
(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) as (a)(4)(iii)(B)
through (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:
[[Page 11171]]
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-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.
----------------------------------------------------------------------------------------------------------------
Location Remove Add Frequency
----------------------------------------------------------------------------------------------------------------
50 CFR 648.4(a)(1)(ii).............. Sec. 648.88........................ Sec. Sec. 648.82(m) 2
and 648.86.
50 CFR 648.4(a)(10)(ii)............. Sec. 648.86(a)(3) and (k).......... Sec. 648.86(d)....... 1
50 CFR 648.10(j)(2)................. paragraph (k)(1)..................... paragraph (j)(1)....... 1
50 CFR 648.13(e).................... Sec. 648.86(d)..................... Sec. 648.86(e)....... 1
50 CFR 648.14(k)(13)(i)(A).......... Sec. 648.86(i)..................... Sec. 648.86(b)(6)(v). 1
[[Page 11172]]
50 CFR 648.14(k)(13)(ii)(A)......... Sec. 648.86(a), (b), (c), (d), (e), Sec. 648.86(a) and 1
(g), (h), (j), (k), (l), (n), and (b).
(o).
50 CFR 648.14(k)(13)(ii)(B)......... Sec. 648.86(a), (b), (c), (e), (g), Sec. 648.86(a) and 1
(h), (j), (l), (m), (n), and (o); (b); or Sec. 648.85.
Sec. 648.82(b)(5) and (6); Sec.
648.85; or Sec. 648.88.
50 CFR 648.14(k)(13)(ii)(C)......... Sec. 648.88........................ Sec. 648.82(m)....... 1
50 CFR 648.14(k)(14)(viii).......... Sec. 648.87(b)(1)(v)............... Sec. 648.11(l)(9).... 1
50 CFR 648.14(k)(15)(i)(A).......... Sec. 648.88........................ Sec. 648.82(m)....... 1
50 CFR 648.14(k)(15)(i)(B).......... Sec. 648.88(a)(2)(i)............... Sec. 648.82(m)(1)(i). 1
50 CFR 648.14(k)(15)(i)(B).......... Sec. 648.88(a)(2)(iii)............. Sec. 1
648.82(m)(1)(iii).
50 CFR 648.14(k)(15)(ii)(A)(1)...... Sec. 648.88(a)..................... Sec. 648.82(m)(1).... 1
50 CFR 648.14(k)(15)(ii)(A)(2)...... Sec. 648.88(a)..................... Sec. 648.86.......... 1
50 CFR 648.14(k)(15)(ii)(B)......... Sec. 648.88(c)..................... Sec. 648.86(c)(3).... 1
50 CFR 648.14(k)(15)(ii)(C)......... Sec. 648.88........................ Sec. 648.82(m)(4).... 2
50 CFR 648.14(r)(1)(vi)(B).......... Sec. 648.86(a)(3)(ii)(A)(1)........ Sec. 648.86(d)....... 1
50 CFR 648.14(r)(1)(vi)(B).......... Sec. 648.86(a)(3).................. Sec. 648.86(d)....... 1
50 CFR 648.14(r)(1)(vi)(C).......... Sec. 648.86(a)(3)(ii)(A)(1)........ Sec. 648.86(d)....... 2
50 CFR 648.14(r)(1)(vi)(E).......... Sec. 648.86(a)(3)(ii)(A)(1)........ Sec. 648.86(d)....... 1
50 CFR 648.14(r)(1)(vi)(E).......... Sec. 648.86(a)(3).................. Sec. 648.86(d)....... 1
50 CFR 648.14(r)(1)(vi)(F).......... Sec. 648.86(a)(3)(ii)(A)(1)........ Sec. 648.86(d)....... 2
50 CFR 648.64(a).................... Sec. 648.90(a)(4)(iii)(C) and (E).. Sec. 1
648.90(a)(4)(iii)(D)
and (F).
50 CFR 648.80(a)(3)(vi)............. Sec. 648.88(a)..................... Sec. 648.82(m)(1).... 1
50 CFR 648.80(a)(3)(vi)............. Sec. 648.88........................ Sec. 648.82(m)....... 1
50 CFR 648.80(a)(4)(iii)............ Sec. 648.82(b)(5).................. Sec. 648.82(b)(4).... 1
50 CFR 648.80(a)(6)(i)(B)........... Sec. 648.86(d)..................... Sec. 648.86(e)....... 1
50 CFR 648.80(a)(9)(i)(A)........... Sec. 648.86(d)..................... Sec. 648.86(e)....... 2
50 CFR 648.80(a)(15)(i)(B).......... Sec. 648.86(d)..................... Sec. 648.86(e)....... 1
50 CFR 648.80(b)(2)(vi)............. Sec. 648.88(a)..................... Sec. 648.82(m)(1).... 1
50 CFR 648.80(b)(2)(vi)............. Sec. 648.88........................ Sec. 648.82(m)....... 1
50 CFR 648.80(b)(3)(i).............. Sec. 648.86(d)..................... Sec. 648.86(e)....... 1
50 CFR 648.80(d)(4)................. Sec. 648.86(a)(3) and (k).......... Sec. 648.86(d)....... 1
50 CFR 648.80(e)(4)................. Sec. 648.86(a)(3) and (k), Sec. 648.86(d)....... 1
respectively.
50 CFR 648.80(h)(1)................. Sec. 648.86(a)(2).................. Sec. 648.86(c)....... 1
50 CFR 648.82(g).................... Sec. 648.88(a)..................... paragraph (m)(1) of 1
this section.
50 CFR 648.82(n)(2)(vi)............. Sec. 648.90(a)(4)(iii)(H)(2)....... Sec. 1
648.90(a)(4)(iii)(I).
50 CFR 648.83(b)(4)................. Sec. 648.86(a)(3) and (k).......... Sec. 648.86(d)....... 1
50 CFR 648.85(a)(2)(ii)............. Sec. 648.90(a)(5)(ii).............. Sec. 648.90(a)(5).... 1
50 CFR 648.85(a)(3)(ii)(A)(4)....... Sec. 648.86(g)..................... Sec. 648.86(a)(1).... 1
50 CFR 648.85(a)(3)(iii)............ paragraphs (b)(6) and (8)............ paragraphs (b)(6) and 2
(7).
50 CFR 648.85(b)(3)(viii)(C)........ paragraph (e)........................ paragraph (d).......... 1
50 CFR 648.85(b)(5)(iii)............ paragraph (b)(8)..................... paragraph (b)(7)....... 1
50 CFR 648.85(b)(6)(iv)(D).......... paragraph (e)........................ paragraph (d).......... 1
50 CFR 648.85(b)(6)(iv)(G).......... paragraph (b)(6)(v) of this section.. Sec. 648.88.......... 1
50 CFR 648.85(b)(6)(iv)(J)(4)....... paragraph (b)(6)(v)(B) of this Sec. 648.88.......... 1
section.
50 CFR 648.85(b)(7)(i).............. paragraph (b)(8)(v)(E)............... paragraph (b)(7)(v)(E). 1
50 CFR 648.85(b)(7)(i).............. paragraph (b)(8)(ii)................. paragraph (b)(7)(ii)... 1
50 CFR 648.85(b)(7)(i).............. paragraph (b)(8)(iv)................. paragraph (b)(7)(iv)... 1
50 CFR 648.85(b)(7)(i).............. paragraph (b)(8)(v)(K) or (L)........ paragraph (b)(7)(v)(K) 1
or (L).
50 CFR 648.85(b)(7)(v)(A)........... paragraph (b)(8)(v)(A)............... paragraph (b)(7)(v)(A). 2
50 CFR 648.85(b)(7)(v)(A)(1)........ paragraph (b)(8)(v)(I)............... paragraph (b)(7)(v)(I). 1
50 CFR 648.85(b)(7)(v)(A)(1)........ paragraph (b)(8)(v)(J)............... paragraph (b)(7)(v)(J). 1
50 CFR 648.85(b)(7)(v)(A)(2)........ paragraph (b)(8)(i).................. paragraph (b)(7)(i).... 1
50 CFR 648.85(b)(7)(v)(A)(3)........ paragraph (b)(8)(v)(D)............... paragraph (b)(7)(v)(D). 1
50 CFR 648.85(b)(7)(v)(A)(4)........ paragraph (b)(8)(v)(A)............... paragraph (b)(7)(v)(A). 2
50 CFR 648.85(b)(7)(v)(B)........... paragraph (b)(8)(i).................. paragraph (b)(7)(i).... 1
50 CFR 648.85(b)(7)(v)(C)........... paragraph (b)(8)(i).................. paragraph (b)(7)(i).... 1
50 CFR 648.85(b)(7)(v)(C)........... paragraph (b)(8)(v)(D)............... paragraph (b)(7)(v)(D). 1
50 CFR 648.85(b)(7)(v)(D)........... paragraph (b)(8)(v)(A)............... paragraph (b)(7)(v)(A). 1
50 CFR 648.85(b)(7)(v)(E)(1)........ paragraph (b)(8)(v)(E)(1)............ paragraph 1
(b)(7)(v)(E)(1).
50 CFR 648.85(b)(7)(v)(E)(1)........ paragraph (b)(8)(v)(E)............... paragraph (b)(7)(v)(E). 1
50 CFR 648.85(b)(7)(v)(G)........... paragraph (b)(8)..................... paragraph (b)(7)....... 1
50 CFR 648.85(b)(7)(v)(H)........... paragraph (b)(8)(v)(A)............... paragraph (b)(7)(v)(A). 1
50 CFR 648.85(b)(7)(v)(I)........... paragraph (b)(8)(v)(F)............... paragraph (b)(7)(v)(F). 2
50 CFR 648.85(b)(7)(v)(I)........... paragraph (b)(8)(ii)................. paragraph (b)(7)(ii)... 1
50 CFR 648.85(b)(7)(v)(K)........... paragraph (b)(8)(v)(H)............... paragraph (b)(7)(v)(H). 1
50 CFR 648.86(f)(1)(i)(A)........... paragraph (d)(1)(iv)................. paragraph (e)(1)(iv)... 1
50 CFR 648.86(f)(1)(i)(B)........... paragraph (d)(1)(iv)................. paragraph (e)(1)(iv)... 1
50 CFR 648.86(f)(1)(iii)............ paragraph (d)(1)(i) and (ii)......... paragraph (e)(1)(i) and 1
(ii).
50 CFR 648.86(f)(1)(iii)(A)......... paragraph (d)(1)(iv)................. paragraph (e)(1)(iv)... 1
50 CFR 648.86(f)(1)(iii)(B)......... paragraph (d)(1)(iv)................. paragraph (e)(1)(iv)... 1
50 CFR 648.86(f)(1)(iv)............. paragraph (d)(1)(i) through (iii).... paragraph (e)(1)(i) 1
through (iii).
50 CFR 648.86(f)(4)................. paragraph (d)(4)..................... paragraph (e)(4)....... 1
50 CFR 648.87(b)(1)(ii)............. paragraphs (b)(1)(ii)(A) through (F) Sec. 648.88.......... 1
of this section, and Sec.
648.85(b)(6)(v).
50 CFR 648.87(b)(1)(ii)............. paragraph (b)(1)(viii)............... paragraph (b)(1)(vii).. 3
50 CFR 648.87(b)(1)(iii)(C)......... paragraph (b)(1)(viii)............... paragraph (b)(1)(vii).. 1
[[Page 11173]]
50 CFR 648.87(b)(1)(viii)........... Sec. 648.86(1)..................... Sec. 648.86(b)(2).... 1
50 CFR 648.87(b)(1)(viii)........... Sec. 648.86(c)..................... Sec. 648.86(b)(1).... 1
50 CFR 648.87(e)(3)(iii)............ paragraph (b)(1)(viii)............... paragraph (b)(1)(vii).. 1
50 CFR 648.90(a)(4)(iii)(B)......... paragraph (a)(4)(iii)(H)(1)(i)....... paragraph 1
(a)(4)(iii)(A)(1).
50 CFR 648.90(a)(4)(iii)(C)......... paragraph (a)(4)(iii)(H)(1)(i)....... paragraph 1
(a)(4)(iii)(A)(1).
50 CFR 648.90(a)(4)(iii)(C)......... paragraph (a)(4)(iii)(C) through (G). paragraph 1
(a)(4)(iii)(D) through
(H).
50 CFR 648.90(a)(4)(iii)(C)......... paragraph (a)(4)(iii)(B)............. paragraph 1
(a)(4)(iii)(C).
50 CFR 648.90(a)(4)(iii)(D)......... paragraph (a)(4)(iii)(C)............. paragraph 1
(a)(4)(iii)(D).
50 CFR 648.90(a)(4)(iii)(D)......... paragraph (a)(4)(iii)(H)(2).......... paragraph 1
(a)(4)(iii)(I)(1).
50 CFR 648.90(a)(4)(iii)(E)(1)...... Sec. 648.86(a)(3).................. Sec. 648.86(d)....... 1
50 CFR 648.90(a)(4)(iii)(H)(2)...... paragraph (a)(4)(iii)(G)(1).......... paragraph 1
(a)(4)(iii)(H)(1).
50 CFR 648.90(a)(5)................. paragraph (a)(4)(iii)(A) through (G). paragraph 1
(a)(4)(iii)(B) through
(H).
50 CFR 648.90(a)(5)(i).............. paragraph (a)(4)(iii)(H)............. paragraph 1
(a)(4)(iii)(A) and (I).
50 CFR 648.90(a)(5)(i)(B)........... paragraph (a)(4)(iii)(H)(2).......... paragraph 2
(a)(4)(iii)(I).
50 CFR 648.90(a)(5)(i)(C)........... paragraph (a)(4)(iii)(H)(1).......... paragraph 2
(a)(4)(iii)(A).
50 CFR 648.90(a)(5)(i)(E)(1)........ paragraph (a)(4)(iii)(H)(2).......... paragraph 1
(a)(4)(iii)(I).
50 CFR 648.90(a)(5)(i)(E)(2)........ paragraph (a)(4)(iii)(F)............. paragraph 1
(a)(4)(iii)(G).
50 CFR 648.90(a)(5)(ii)............. paragraphs (a)(4)(iii)(A) and (B).... paragraphs 1
(a)(4)(iii)(B) and (C).
50 CFR 648.90(a)(5)(ii)(A).......... paragraphs (a)(4)(iii)(A) and (B).... paragraphs 1
(a)(4)(iii)(B) and (C).
50 CFR 648.90(a)(5)(ii)(A).......... paragraph (a)(4)(iii)(H)............. paragraphs 2
(a)(4)(iii)(A) and (I).
50 CFR 648.90(a)(5)(ii)(B).......... paragraphs (a)(4)(iii)(A) and (B).... paragraphs 1
(a)(4)(iii)(B) and (C).
50 CFR 648.90(a)(5)(ii)(C).......... paragraphs (a)(4)(iii)(A) and (B).... paragraphs 1
(a)(4)(iii)(B) and (C).
50 CFR 648.90(a)(5)(iii)............ Sec. 648.90(a)(4)(iii)(D).......... paragraph 1
(a)(4)(iii)(E).
50 CFR 648.90(a)(5)(v).............. paragraph (a)(4)(iii)(G)............. paragraph 1
(a)(4)(iii)(H).
50 CFR 648.90(a)(5)(v).............. paragraph (a)(4)(iii)(G)(1).......... paragraph 1
(a)(4)(iii)(H)(1).
50 CFR 648.90(a)(6)(ii)............. paragraph (a)(5)(i).................. paragraph (a)(6)(i).... 1
50 CFR 648.90(b)(5)(i).............. Sec. 648.86(d)(4).................. Sec. 648.86(e)(4).... 1
50 CFR 648.201(a)(2)................ Sec. 648.90(a)(4)(iii)(D).......... Sec. 1
648.90(a)(4)(iii)(E).
50 CFR 648.201(a)(2)................ Sec. 648.86(a)(3)(ii)(A)(2) and (3) Sec. 648.86(d)(2) and 1
of this part. (3).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2026-04585 Filed 3-6-26; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 9, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.