50 CFR Part 648 Subpart F

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR Part 648 Subpart F (Feb. 18, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 648 —Fisheries of the Northeastern United States
Authority: 16 U.S.C. 1801 et seq.
Source: 61 FR 34968, July 3, 1996, unless otherwise noted.

Subpart F Management Measures for the NE Multispecies and Monkfish Fisheries
§ 648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing.
§ 648.81 NE multispecies year-round and seasonal closed areas.
§ 648.82 Effort-control program for NE multispecies limited access vessels.
§ 648.83 Multispecies minimum fish sizes.
§ 648.84 Gear-marking requirements and gear restrictions.
§ 648.85 Special management programs.
§ 648.86 NE Multispecies possession restrictions.
§ 648.87 Sector allocation.
§ 648.88 Multispecies open access permit restrictions.
§ 648.89 Recreational and charter/party vessel restrictions.
§ 648.90 NE multispecies assessment, framework procedures and specifications, and flexible
area action system.
§ 648.91 Monkfish regulated mesh areas and restrictions on gear and methods of fishing.
§ 648.92 Effort-control program for monkfish limited access vessels.
§ 648.93 Monkfish minimum fish sizes.
§ 648.94 Monkfish possession and landing restrictions.
§ 648.95 Offshore Fishery Program in the SFMA.
§ 648.96 FMP review, specification, and framework adjustment process.
§ 648.97 Closed areas.
Editorial Note: Nomenclature changes to part 648 appear at 62 FR 14651, Mar. 27, 1997.
Subpart F—Management Measures for the NE Multispecies and Monkfish Fisheries
§ 648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of
fishing.
Except as provided in § 648.17, all vessels must comply with the following minimum mesh size, gear and methods
of fishing requirements, unless otherwise exempted or prohibited.
(a) Gulf of Maine (GOM) and GB Regulated Mesh Areas—
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(1)

(1) GOM Regulated Mesh Area. The GOM Regulated Mesh Area (copies of a map depicting the area are
available from the Regional Administrator upon request) is that area:
(i)

Bounded on the east by the U.S.-Canada maritime boundary, defined by straight lines
connecting the following points in the order stated:

Point

N. lat.

W. long.

G1

( 1)

( 1)

G2

43°58′

67°22′

G3

42°53.1′

67°44.4′

G4

42°31′

67°28.1′

CII3

42°22′

67°20′2

1

The intersection of the shoreline and the U.S.-Canada Maritime Boundary.

2

The U.S.-Canada Maritime Boundary.

(ii) Bounded on the south by straight lines connecting the following points in the order stated:

Point

N. lat.

W. long.

CII3

42°22′

67°20′1

G6

42°20′

67°20′

G7

42°20′

69°30′

G8

42°00′

69°30′

G9

42°00′

( 2)

1

The U.S.-Canada Maritime Boundary.

2

The intersection of the Cape Cod, MA, coastline and 42°00′ N. lat.

(2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a map depicting the area are
available from the Regional Administrator upon request) is that area:
(i)

Bounded on the north by the southern boundary of the GOM Regulated Mesh Area as defined in
paragraph (a)(1)(ii) of this section; and

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(2)(ii)

(ii) Bounded on the east by straight lines connecting the following points in the order stated:

GB REGULATED MESH AREA
Point

N. latitude

W. longitude

CII3

42°22′

67°20′1

SNE1

40°24′

65°43′2

1

The U.S.-Canada Maritime Boundary.

2

The U.S.-Canada Maritime Boundary as it intersects with the EEZ.

(iii) Bounded on the west by straight lines connecting the following points in the order stated:

Point

N. lat.

W. long.

G12

( 1)

70°00′

G11

40°50′

70°00′

NL1

40°50′

69°40′

NL2

40°18.7′

69°40′

NL3

40°22.7′

69°00′

( 2)

69°00′

1

South facing shoreline of Cape Cod.

2

Southward to its intersection with the EEZ.

(3) GOM Regulated Mesh Area minimum mesh size and gear restrictions —
(i)

Vessels using trawls. Except as provided in paragraphs (a)(3)(i) and (vi) of this section and §
648.85(b)(6), and unless otherwise restricted under paragraph (a)(3)(iii) of this section, the
minimum mesh size for any trawl net, except a midwater trawl, on a vessel or used by a vessel
fishing under the NE multispecies DAS program or on a sector trip in the GOM Regulated Mesh
Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, applied throughout
the body and extension of the net, or any combination thereof, and 6.5-inch (16.5-cm) diamond
mesh or square mesh applied to the codend of the net as defined in paragraphs (a)(3)(i)(A) and
(B) of this section, provided the vessel complies with the requirements of paragraph (a)(3)(vii)
of this section. This restriction does not apply to nets or pieces of nets smaller than 3 ft (0.9 m)
× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE multispecies
permit and that are fishing exclusively in state waters.
(A) For vessels greater than 45 ft (13.7 m) in length overall, a diamond mesh codend is
defined as the first 50 meshes counting from the terminus of the net, and a square mesh
codend is defined as the first 100 bars counting from the terminus of the net.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(3)(i)(B)

(B) For vessels 45 ft (13.7 m) or less in length overall, a diamond mesh codend is defined as
the first 25 meshes counting from the terminus of the net, and a square mesh codend is
defined as the first 50 bars counting from the terminus of the net.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine. Except as provided in paragraphs
(a)(3)(ii) and (vi) of this section, and unless otherwise restricted under paragraph (a)(3)(iii) of
this section, the minimum mesh size for any Scottish seine, midwater trawl, or purse seine on a
vessel or used by a vessel fishing under a DAS in the NE multispecies DAS program in the GOM
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh
applied throughout the net, or any combination thereof, provided the vessel complies with the
requirements of paragraph (a)(3)(vii) of this section. This restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing exclusively in state waters.
(iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh Area, the minimum mesh size
for any trawl net vessel, or sink gillnet, on a vessel or used by a vessel fishing under a DAS in
the Large-mesh DAS program, specified in § 648.82(b)(4), is 8.5-inch (21.6-cm) diamond or
square mesh throughout the entire net. This restriction does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been
issued a NE multispecies permit and that are fishing exclusively in state waters.
(iv) Gillnet vessels —
(A) Trip gillnet vessels —
(1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi) of this section, and
unless otherwise restricted under paragraph (a)(3)(iii) of this section, for any vessel
that obtains an annual designation as a Trip gillnet vessel, the minimum mesh size
for any sink gillnet when fishing in the NE multispecies DAS program or on a sector
trip in the GOM Regulated Mesh Area is 6.5 inches (16.5 cm) throughout the entire
net. This restriction does not apply to nets or pieces of nets smaller than 3 ft (0.9 m)
× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
(2) Net size requirements. Nets may not be longer than 300 ft (91.4 m), or 50 fathoms
(91.4 m) in length.
(B) Day gillnet vessels —
(1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi) of this section, and
unless otherwise restricted under paragraph (a)(3)(iii) of this section, for any vessel
that obtain an annual designation as a Day gillnet vessel, the minimum mesh size for
any sink gillnet when fishing under the NE multispecies DAS program or on a sector
trip in the GOM Regulated Mesh Area is 6.5 inches (16.5 cm) throughout the entire
net. This restriction does not apply to nets or pieces of nets smaller than 3 ft (0.9 m)
× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
(2) Number of nets. A day gillnet vessel fishing under a NE multispecies DAS or on a
sector trip and fishing in the GOM Regulated Mesh Area may not fish with, haul,
possess, or deploy more than 50 roundfish sink gillnets or 100 flatfish (tie-down) sink
gillnets, each of which must be tagged pursuant to paragraph (a)(3)(iv)(C) of this
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(3)(iv)(B)(3)

section, except as provided in § 648.92(b)(8)(i). Vessels may fish any combination of
roundfish and flatfish gillnets up to 100 nets, and may stow additional nets not to
exceed 160 nets, counting deployed nets.
(3) Net size requirements. Nets may not be longer than 300 ft (91.4 m), or 50 fathoms
(91.4 m) in length.
(4) Tags. Roundfish nets must be tagged with two tags per net, with one tag secured to
each bridle of every net, within a string of nets, and flatfish nets must have one tag
per net, with one tag secured to every other bridle of every net within a string of nets.
Gillnet vessels must also abide by the tagging requirements in paragraph (a)(3)(iv)(C)
of this section.
(C) Obtaining and replacing tags. Tags must be obtained as described in § 648.4(c)(2)(iii), and
vessels must have on board written confirmation issued by the Regional Administrator,
indicating that the vessel is a Day gillnet vessel or a Trip gillnet vessel. The vessel operator
must produce all net tags upon request by an authorized officer. A vessel may have tags
on board in excess of the number of tags corresponding to the allowable number of nets,
provided such tags are onboard the vessel and can be made available for inspection.
(1) Lost tags. Vessel owners or operators are required to report lost, destroyed, and
missing tag numbers as soon as feasible after tags have been discovered lost,
destroyed or missing, by letter or fax to the Regional Administrator.
(2) Replacement tags. Vessel owners or operators seeking replacement of lost,
destroyed, or missing tags must request replacement of tags by letter or fax to the
Regional Administrator. A check for the cost of the replacement tags must be
received by the Regional Administrator before tags will be re-issued.
(v) Hook gear restrictions. Unless otherwise specified in this paragraph (a)(3)(v) or § 648.87(c),
vessels fishing with a valid NE multispecies limited access permit and fishing under a NE
multispecies DAS or on a sector trip, and vessels fishing with a valid NE multispecies limited
access Small-Vessel permit in the GOM Regulated Mesh Area, and persons on such vessels,
are prohibited from fishing, setting, or hauling back, per day, or possessing on board the vessel,
more than 2,000 rigged hooks. All longline gear hooks must be circle hooks, of a minimum size
of 12/0. An unbaited hook and gangion that has not been secured to the ground line of the
trawl on board a vessel during the fishing trip is deemed to be a replacement hook and is not
counted toward the 2,000-hook limit. A “snap-on” hook is deemed to be a replacement hook if it
is not rigged or baited during the fishing trip. The use of de-hookers (“crucifer”) with less than
6-inch (15.2-cm) spacing between the fairlead rollers is prohibited. Vessels fishing with a valid
NE multispecies limited access Hook Gear permit and fishing under a multispecies DAS or on a
sector trip in the GOM Regulated Mesh Area, and persons on such vessels, are prohibited from
possessing gear other than hook gear on board the vessel. Vessels fishing with a valid NE
multispecies limited access Handgear A permit, and persons on such vessels, are prohibited
from fishing, or possessing on board the vessel, gear other than handgear. Vessels fishing with
tub-trawl gear are prohibited from fishing, setting, or hauling back, per day, or possessing on
board the vessel more than 250 hooks.
(vi) Other restrictions and exemptions. A vessel is prohibited from fishing in the GOM or GB
Exemption Area as defined in paragraph (a)(17) of this section, except if fishing with exempted
gear (as defined under this part) or under the exemptions specified in paragraphs (a)(5) through
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(3)(vii)

(a)(7), (a)(9) through (a)(16) and (a)(18) through (a)(19), (d), (e), (h), and (i) of this section; or if
fishing under a NE multispecies DAS; or if fishing on a sector trip; or if fishing under the Small
Vessel or Handgear A permit specified in § 648.82(b)(5) and (6), respectively; or if fishing under
a Handgear B permit specified in § 648.88(a); or if fishing under the scallop state waters
exemptions specified in § 648.54 and paragraph (h)(3)(i) of this section; or if fishing under a
scallop DAS or general category trip in accordance with paragraph (h) of this section; or if
fishing pursuant to a NE multispecies open access Charter/Party or Handgear permit specified
in § 648.88; or if fishing as a charter/party or private recreational vessel in compliance with §
648.89. Any gear used by a vessel in this area must be authorized under one of these
exemptions. Any gear on a vessel that is not authorized under one of these exemptions must
be stowed and not available for immediate use as defined in § 648.2.
(vii) Rockhopper and roller gear restrictions. For all trawl vessels fishing on a NE multispecies DAS or
sector trip in the GOM/GB Inshore Restricted Roller Gear Area, the diameter of any part of the
trawl footrope, including discs, rollers, or rockhoppers, must not exceed 12 inches (30.5 cm).
The GOM/GB Inshore Restricted Roller Gear Area is defined by straight lines connecting the
following points in the order stated:

INSHORE RESTRICTED ROLLER GEAR AREA
Point

N. Latitude

W. Longitude

1

42°00′

( 1)

2

42°00′

( 2)

3

42°00′

( 3)

4

42°00′

69°50′

5

43°00′

69°50′

6

43°00′

70°00′

7

43°30′

70°00′

8

43°30′

( 4)

1

Massachusetts shoreline.

2

Cape Cod shoreline on Cape Cod Bay.

3

Cape Cod shoreline on the Atlantic Ocean.

4

Maine shoreline.

(4) GB regulated mesh area minimum mesh size and gear restrictions —
(i)

Vessels using trawls. Except as provided in paragraph (a)(3)(vi) of this section, this paragraph
(a)(4)(i), § 648.85(b)(6) and (8), and § 648.87(c)(2)(ii), and unless otherwise restricted under
paragraph (a)(4)(iii) of this section, the minimum mesh size for any trawl net, except a
midwater trawl, and the minimum mesh size for any trawl net when fishing in that portion of the
GB Regulated Mesh Area that lies within the SNE Exemption Area, as described in paragraph
(b)(10) of this section, that is not stowed and available for immediate use as defined in § 648.2,
on a vessel or used by a vessel fishing under the NE multispecies DAS program or on a sector

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(4)(ii)

trip in the GB Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm)
square mesh applied throughout the body and extension of the net, or any combination thereof,
and 6.5-inch (16.5-cm) diamond mesh or square mesh applied to the codend of the net as
defined in paragraph (a)(3)(i) of this section, provided the vessel complies with the
requirements of paragraphs (a)(3)(vii) of this section. This restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing exclusively in state waters.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine. Except as provided in paragraph
(a)(3)(vi) of this section, and this paragraph (a)(4)(ii), and unless otherwise restricted under
paragraph (a)(4)(iii) of this section, the minimum mesh size for any Scottish seine, midwater
trawl, or purse seine, and the minimum mesh size for any Scottish seine, midwater trawl, or
purse seine, when fishing in that portion of the GB Regulated Mesh Area that lies within the SNE
Exemption Area, as described in paragraph (b)(10) of this section, that is not stowed and
available for immediate use as defined in § 648.2, on a vessel or used by a vessel fishing under
a DAS in the NE multispecies DAS program in the GB Regulated Mesh Area is 6-inch (15.2-cm)
diamond mesh or 6.5-inch (16.5-cm) square mesh applied throughout the net, or any
combination thereof, provided the vessel complies with the requirements of paragraph
(a)(3)(vii) of this section. This restriction does not apply to nets or pieces of nets smaller than 3
ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
(iii) Large-mesh vessels. When fishing in the GB Regulated Mesh Area, the minimum mesh size for
any trawl net, or sink gillnet, and the minimum mesh size for any trawl net, or sink gillnet, when
fishing in that portion of the GB Regulated Mesh Area that lies within the SNE Exemption Area,
as described in paragraph (b)(10) of this section, that is not stowed and available for
immediate use as defined in § 648.2, on a vessel or used by a vessel fishing under a DAS in the
Large-mesh DAS program, specified in § 648.82(b)(5), is 8.5-inch (21.6-cm) diamond or square
mesh throughout the entire net. This restriction does not apply to nets or pieces of nets smaller
than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a
NE multispecies permit and that are fishing exclusively in state waters.
(iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of this section and this paragraph
(a)(4)(iv), for Day and Trip gillnet vessels, the minimum mesh size for any sink gillnet, and the
minimum mesh size for any roundfish or flatfish gillnet when fishing in that portion of the GB
Regulated Mesh Area that lies within the SNE Exemption Area, as described in paragraph
(b)(10) of this section, that is not stowed and available for immediate use as defined in § 648.2,
when fishing under a DAS in the NE multispecies DAS program or on a sector trip in the GB
Regulated Mesh Area is 6.5 inches (16.5 cm) throughout the entire net. This restriction does
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)),
or to vessels that have not been issued a NE multispecies permit and that are fishing
exclusively in state waters.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE multispecies DAS or on a sector
trip and fishing in the GB Regulated Mesh Area may not fish with nets longer than 300 ft
(91.4 m), or 50 fathoms (91.4 m) in length.
(B) Day gillnet vessels —

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(4)(iv)(B)(1)

(1) Number of nets. A Day gillnet vessel fishing under a NE multispecies DAS or on a
sector trip and fishing in the GB Regulated Mesh Area may not fish with, haul,
possess, or deploy more than 50 nets, except as provided in § 648.92(b)(8)(i).
(2) Net size requirements. Vessels may fish any combination of roundfish and flatfish
gillnets, up to 50 nets. Such vessels, may stow additional nets not to exceed 150,
counting the deployed net. Such vessels may stow additional nets in accordance
with the definition of not available for immediate use as defined in § 648.2 not to
exceed 150 nets, counting the deployed net.
(3) Tags. Roundfish or flatfish nets must be tagged with two tags per net, with one tag
secured to each bridle of every net within a string of nets.
(4) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of this section.
(v) Hook gear restrictions. Unless otherwise specified in this paragraph (a)(4)(v), vessels fishing
with a valid NE multispecies limited access permit and fishing under a NE multispecies DAS,
and vessels fishing with a valid NE multispecies limited access Small-Vessel permit, in the GB
Regulated Mesh Area, and persons on such vessels, are prohibited from possessing gear other
than hook gear on board the vessel and prohibited from fishing, setting, or hauling back, per
day, or possessing on board the vessel, more than 3,600 rigged hooks. All longline gear hooks
must be circle hooks, of a minimum size of 12/0. An unabated hook and gangions that has not
been secured to the ground line of the trawl on board a vessel is deemed to be a replacement
hook and is not counted toward the 3,600-hook limit. A “snap-on” hook is deemed to be a
replacement hook if it is not rigged or baited. The use of de-hookers (“crucifer”) with less than
6-inch (15.2-cm) spacing between the fairlead rollers is prohibited. Vessels fishing with a valid
NE multispecies limited access Hook gear permit and fishing under a multispecies DAS in the
GB Regulated Mesh Area, and persons on such vessels, are prohibited from possessing gear
other than hook gear on board the vessel. Vessels fishing with a valid NE multispecies limited
access Handgear A permit are prohibited from fishing or possessing on board the vessel, gear
other than hand gear. Vessels fishing with tub-trawl gear are prohibited from fishing, setting, or
hauling back, per day, or possessing on board the vessel more than 250 hooks.
(vi)-(viii) [Reserved]
(5) Small Mesh Northern Shrimp Fishery Exemption. Vessels subject to the minimum mesh size
restrictions specified in this paragraph (a) may fish for, harvest, possess, or land northern shrimp in
the GOM, GB, SNE, and MA Regulated Mesh Areas, as described under paragraphs (a)(1), (a)(2),
(b)(1), and (c)(1) of this section, respectively, with nets with a mesh size smaller than the minimum
size specified, if the vessel complies with the requirements of paragraphs (a)(5)(i) through (iii) of this
section.
(i)

Restrictions on fishing for, possessing, or landing fish other than shrimp. An owner or operator of
a vessel fishing in the northern shrimp fishery under the exemption described in this paragraph
(a)(5) may not fish for, possess on board, or land any species of fish other than shrimp, except
for the following, with the restrictions noted, as allowable incidental species: Longhorn sculpin;
combined silver hake and offshore hake—up to an amount equal to the total weight of shrimp
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and American lobster—up to
10 percent, by weight, of all other species on board or 200 lobsters, whichever is less, unless

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(5)(ii)

otherwise restricted by landing limits specified in § 697.17 of this chapter. Silver hake and
offshore hake on board a vessel subject to this possession limit must be separated from other
species of fish and stored so as to be readily available for inspection.
(ii) Requirement to use a finfish excluder device (FED). A vessel must have a rigid or semi-rigid grate
consisting of parallel bars of not more than 1-inch (2.54-cm) spacing that excludes all fish and
other objects, except those that are small enough to pass between its bars into the codend of
the trawl, secured in the trawl, forward of the codend, in such a manner that it precludes the
passage of fish or other objects into the codend without the fish or objects having to first pass
between the bars of the grate, in any net with mesh smaller than the minimum size specified in
paragraphs (a)(3) and (4) of this section. The net must have an outlet or hole to allow fish or
other objects that are too large to pass between the bars of the grate to exit the net. The
aftermost edge of this outlet or hole must be at least as wide as the grate at the point of
attachment. The outlet or hole must extend forward from the grate toward the mouth of the net.
A funnel of net material is allowed in the lengthening piece of the net forward of the grate to
direct catch towards the grate. (Copies of a schematic example of a properly configured and
installed FED are available from the Regional Administrator upon request.)
(iii) Time restrictions. A vessel may only fish under this exemption during the northern shrimp
season, as established by the Commission and announced in the Commission's letter to
participants.
(6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels subject to the minimum mesh size
restrictions specified in paragraphs (a)(3) and (4) of this section may fish with, use, or possess nets
in the Cultivator Shoal Whiting Fishery Exemption Area with a mesh size smaller than the minimum
size specified, if the vessel complies with the requirements specified in paragraph (a)(6)(i) of this
section. The Cultivator Shoal Whiting Fishery Exemption Area (copies of a map depicting the area
are available from the Regional Administrator upon request) is defined by straight lines connecting
the following points in the order stated:

CULTIVATOR SHOAL WHITING FISHERY EXEMPTION AREA
Point

N. lat.

W. long.

C1

42°10′

68°10′

C2

41°30′

68°41′

CI4

41°30′

68°30′

C3

41°12.8′

68°30′

C4

41°05′

68°20′

C5

41°55′

67°40′

C1

42°10′

68°10′

(i)

Requirements.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(6)(i)(A)

(A) A vessel fishing in the Cultivator Shoal Whiting Fishery Exemption Area under this
exemption must have on board a valid letter of authorization issued by the Regional
Administrator.
(B) An owner or operator of a vessel fishing in this area may not fish for, possess on board, or
land any species of fish other than whiting and offshore hake combined—up to a
maximum of 30,000 lb (13,608 kg), except for the following, with the restrictions noted, as
allowable incidental species: Atlantic herring, up to the amount specified in § 648.204;
longhorn sculpin; squid, butterfish, and Atlantic mackerel, up to the amounts specified in §
648.26; spiny dogfish, up to the amount specified in § 648.235; red hake, up to the amount
specified in § 648.86(d), monkfish and monkfish parts—up to 10 percent, by weight, of all
other species on board or up to 50 lb (23 kg) tail-weight/146 lb (66 kg) whole-weight of
monkfish per trip, as specified in § 648.94(c)(4), whichever is less; and American
lobster—up to 10 percent, by weight, of all other species on board or 200 lobsters,
whichever is less, unless otherwise restricted by landing limits specified in § 697.17 of
this chapter.
(C) Counting from the terminus of the net, all nets must have a minimum mesh size of 3-inch
(7.6-cm) square or diamond mesh applied to the first 100 meshes (200 bars in the case of
square mesh) for vessels greater than 60 ft (18.3 m) in length and applied to the first 50
meshes (100 bars in the case of square mesh) for vessels less than or equal to 60 ft (18.3
m) in length.
(D) Fishing is confined to a season of June 15 through October 31, unless otherwise specified
by notification in the FEDERAL REGISTER.
(E) When a vessel is transiting through the GOM or GB Regulated Mesh Areas specified under
paragraphs (a)(1) and (2) of this section, any nets with a mesh size smaller than the
minimum mesh specified in paragraphs (a)(3) or (4) of this section must be stowed and
not available for immediate use as defined in § 648.2, unless the vessel is fishing for
small-mesh multispecies under another exempted fishery specified in this paragraph (a).
(F) A vessel fishing in the Cultivator Shoal Whiting Fishery Exemption Area may fish for smallmesh multispecies in exempted fisheries outside of the Cultivator Shoal Whiting Fishery
Exemption Area, provided that the vessel complies with the more restrictive gear,
possession limit, and other requirements specified in the regulations of that exempted
fishery for the entire participation period specified on the vessel's letter of authorization
and consistent with paragraph (a)(15)(i)(G) of this section. For example, a vessel may fish
in both the Cultivator Shoal Whiting Fishery Exemption Area and the Southern New
England or Mid-Atlantic Exemption Areas, and would be restricted to a minimum mesh
size of 3 in (7.62 cm) and a maximum trip limit of 30,000 lb (13,607.77 kg) for silver hake
and offshore hake, combined, as required in the Cultivator Shoal Whiting Fishery
Exemption Area.
(ii) Sea sampling. The Regional Administrator shall conduct periodic sea sampling to determine if
there is a need to change the area or season designation, and to evaluate the bycatch of
regulated species, especially haddock.
(iii) Annual review. The NEFMC shall conduct an annual review of data to determine if there are any
changes in area or season designation necessary, and to make appropriate recommendations
to the Regional Administrator following the procedures specified in § 648.90.
50 CFR 648.80(a)(6)(iii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(7)

(7) Transiting.
(i)

Vessels fishing in the Small Mesh Area 1/Small Mesh Area 2 fishery, as specified in paragraph
(a)(9) of this section, may transit through the Scallop Dredge Fishery Exemption Area as
specified in paragraph (a)(11) of this section with nets of mesh size smaller than the minimum
mesh size specified in paragraphs (a)(3) or (4) of this section, provided that the nets are
stowed and not available for immediate use as defined in § 648.2. Vessels fishing in the Small
Mesh Northern Shrimp Fishery, as specified in paragraph (a)(3) of this section, may transit
through the GOM, GB, SNE, and MA Regulated Mesh Areas, as described in paragraphs (a)(1),
(a)(2), (b)(1), and (c)(1) of this section, respectively, with nets of mesh size smaller than the
minimum mesh size specified in paragraphs (a)(3), (a)(4), (b)(2), and (c)(2) of this section,
provided the nets are stowed and not available for immediate use as defined in § 648.2.

(ii) Vessels subject to the minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of
this section may transit through the Scallop Dredge Fishery Exemption Areas defined in
paragraphs (a)(11) and (18) of this section with nets on board with a mesh size smaller than
the minimum size specified, provided that the nets are stowed and not available for immediate
use as defined in § 648.2, and provided the vessel has no fish on board.
(iii) Vessels subject to the minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of
this section may transit through the GOM and GB Regulated Mesh Areas defined in paragraphs
(a)(1) and (2) of this section with nets on board with a mesh size smaller than the minimum
mesh size specified and with small mesh exempted species on board, provided that the
following conditions are met:
(A) All nets with a mesh size smaller than the minimum mesh size specified in paragraphs
(a)(3) or (4) of this section are stowed and not available for immediate use as defined in §
648.2.
(B) A letter of authorization issued by the Regional Administrator is on board.
(C) Vessels do not fish for, possess on board, or land any fish, except when fishing in the areas
specified in paragraphs (a)(6), (a)(10), (a)(15), (b), and (c) of this section. Vessels may
retain exempted small-mesh species as provided in paragraphs (a)(6)(i), (a)(10)(i),
(a)(15)(i), (b)(3), and (c)(3) of this section.
(8) Addition or deletion of exemptions —
(i)

Exemption allowing no incidental catch of regulated multispecies. An exemption may be added in
an existing fishery for which there are sufficient data or information to ascertain the amount of
regulated species bycatch, if the Regional Administrator, after consultation with the NEFMC,
determines that the percentage of regulated species caught as bycatch is, or can be reduced to,
less than 5 percent, by weight, of total catch, unless otherwise specified in this paragraph
(a)(8)(i) of this section, and that such exemption will not jeopardize fishing mortality objectives.
The 5-percent regulated species incidental bycatch standard could be modified for a stock that
is not in an overfished condition, or if overfishing is not occurring on that stock. When
considering modifications of the standard, it must be shown that the change will not delay a
rebuilding program, or result in overfishing or an overfished condition. In determining whether
exempting a fishery may jeopardize meeting fishing mortality objectives, the Regional
Administrator may take into consideration various factors including, but not limited to, juvenile
mortality, sacrifices in yield that will result from that mortality, the ratio of target species to
regulated species, status of stock rebuilding, and recent recruitment of regulated species. A

50 CFR 648.80(a)(8)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(8)(ii)

fishery can be defined, restricted, or allowed by area, gear, season, or other means determined
to be appropriate to reduce bycatch of regulated species. The Regional Administrator may
modify or delete an existing exemption if he/she determines that the catch of regulated species
is equal to or greater than 5 percent, by weight of total catch, or another pertinent approved
amount, or that continuing the exemption may jeopardize meeting fishing mortality objectives.
Notification of additions, deletions, or modifications will be made through issuance of a rule in
the FEDERAL REGISTER.
(ii) Exemption allowing incidental catch of regulated species. An exemption may be added in an
existing fishery that would allow vessels to retain and land regulated multispecies, under the
restrictions specified in paragraphs (a)(8)(ii)(A) through (C) of this section, if the Regional
Administrator, after consultation with the NEFMC, considers the status of the regulated species
stock or stocks caught in the fishery, the risk that this exemption would result in a targeted
regulated species fishery, the extent of the fishery in terms of time and area, and the possibility
of expansion in the fishery. Incidental catch in exempted fisheries under this paragraph (a)(8)(ii)
are subject, at a minimum, to the following restrictions:
(A) A prohibition on the possession of regulated multispecies that are overfished or where
overfishing is occurring;
(B) A prohibition on the possession of regulated species in NE multispecies closure areas;
and
(C) A prohibition on allowing an exempted fishery to occur that would allow retention of a
regulated multispecies stock under an ongoing rebuilding program, unless it can be
determined that the catch of the stock in the exempted fishery is not likely to result in
exceeding the rebuilding mortality rate.
(iii) For exemptions allowing no incidental catch of regulated species, as defined under paragraph
(a)(8)(i) of this section, the NEFMC may recommend to the Regional Administrator, through the
framework procedure specified in § 648.90(c), additions or deletions to exemptions for
fisheries, either existing or proposed, for which there may be insufficient data or information for
the Regional Administrator to determine, without public comment, percentage catch of
regulated species. For exemptions allowing incidental catch of regulated species, as defined
under paragraph (a)(8)(ii) of this section, the NEFMC may recommend to the Regional
Administrator, through the framework procedure specified in § 648.90(c), additions or deletions
to exemptions for fisheries, either existing or proposed, for which there may be insufficient data
or information for the Regional Administrator to determine, without public comment, the risk
that this exemption would result in a targeted regulated species fishery, the extent of the fishery
in terms of time and area, and the possibility of expansion in the fishery.
(iv) Unless otherwise specified within the exempted fisheries authorized under this paragraph
(a)(8), incidental catch is restricted, at a minimum, to the following:
(A) With the exception of fisheries authorized under paragraph (a)(8)(ii) of this section, a
prohibition on the possession of regulated species;
(B) A limit on the possession of monkfish or monkfish parts of 10 percent, by weight, of all
other species on board or as specified by § 648.94(c)(3), (4), (5) or (6), as applicable,
whichever is less;

50 CFR 648.80(a)(8)(iv)(B) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(8)(iv)(C)

(C) A limit on the possession of lobsters of 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less; and
(D) A limit on the possession of skate or skate parts in the SNE Exemption Area described in
paragraph (b)(10) of this section of 10 percent, by weight, of all other species on board.
(9) Small Mesh Area 1/Small Mesh Area 2 —
(i)

Description.
(A) Unless otherwise prohibited in § 648.81, § 648.370, or § 648.371, a vessel subject to the
minimum mesh size restrictions specified in paragraph (a)(3) or (4) of this section may
fish with or possess nets with a mesh size smaller than the minimum size, provided the
vessel complies with the requirements of paragraph (a)(5)(ii) or (a)(9)(ii) of this section,
and § 648.86(d), from July 15 through November 15, when fishing in Small Mesh Area 1;
and from January 1 through June 30, when fishing in Small Mesh Area 2. While lawfully
fishing in these areas with mesh smaller than the minimum size, an owner or operator of
any vessel may not fish for, possess on board, or land any species of fish other than: Silver
hake and offshore hake, combined, and red hake—up to the amounts specified in §
648.86(d); butterfish, Atlantic mackerel, or squid, up the amounts specified in § 648.26;
spiny dogfish, up to the amount specified in § 648.235; Atlantic herring, up to the amount
specified in § 648.204; and scup, up to the amount specified in § 648.128.
(B) Small-mesh Areas 1 and 2 are defined by straight lines connecting the following points in
the order stated (copies of a chart depicting these areas are available from the Regional
Administrator upon request):

SMALL MESH AREA I
Point

N. lat.

W. long.

SM1

43°03′

70°27′

SM2

42°57′

70°22′

SM3

42°47′

70°32′

SM4

42°45′

70°29′

SM5

42°43′

70°32′

SM6

42°44′

70°39′

SM7

42°49′

70°43′

SM8

42°50′

70°41′

SM9

42°53′

70°43′

SM10

42°55′

70°40′

SM11

42°59′

70°32′

50 CFR 648.80(a)(9)(i)(B) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
SM1

50 CFR 648.80(a)(9)(ii)

N. lat.
43°03′

W. long.
70°27′

SMALL MESH AREA II
Point

N. lat.

W. long.

SM13

43°05.6′

69°55′

SM14

43°10.1′

69°43.3′

SM15

42°49.5′

69°40′

SM16

42°41.5′

69°40′

SM17

42°36.6′

69°55′

SM13

43°05.6′

69°55′

(ii) Raised footrope trawl. Vessels fishing in the Small Mesh Areas I and II Exemption Programs
described in § 648.80(a)(9)) must configure the vessel's gear with a raised footrope trawl,
configured in such a way that, when towed, the gear is not in contact with the ocean bottom.
Vessels are presumed to be fishing in such a manner if their trawl gear is designed as specified
in paragraphs (a)(9)(ii)(A) through (D) of this section and is towed so that it does not come into
contact with the ocean bottom.
(A) Eight-inch (20.3-cm) diameter floats must be attached to the entire length of the headrope,
with a maximum spacing of 4 ft (122.0 cm) between floats.
(B) The ground gear must all be bare wire not larger than 1⁄2 inch (1.2 cm) for the top leg, not
larger than 5⁄8 inch (1.6 cm) for the bottom leg, and not larger than 3⁄4 inch (1.9 cm) for the
ground cables. The top and bottom legs must be equal in length, with no extensions. The
total length of ground cables and legs must not be greater than 40 fathoms (73 m) from
the doors to wing ends.
(C) The footrope must be longer than the length of the headrope, but not more than 20 ft (6.1
m) longer than the length of the headrope. The footrope must be rigged so that it does not
contact the ocean bottom while fishing.
(D) The raised footrope trawl may be used with or without a chain sweep. If used without a
chain sweep, the drop chains must be a maximum of 3⁄8-inch (0.95-cm) diameter bare
chain and must be hung from the center of the footrope and each corner (the quarter, or
the junction of the bottom wing to the belly at the footrope). Drop chains must be hung at
intervals of 8 ft (2.4 m) along the footrope from the corners to the wing ends. If used with
a chain sweep, the sweep must be rigged so it is behind and below the footrope, and the
footrope is off the bottom. This is accomplished by having the sweep longer than the
footrope and having long drop chains attaching the sweep to the footrope at regular
50 CFR 648.80(a)(9)(ii)(D) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(10)

intervals. The forward end of the sweep and footrope must be connected to the bottom
leg at the same point. This attachment, in conjunction with the headrope flotation, keeps
the footrope off the bottom. The sweep and its rigging, including drop chains, must be
made entirely of bare chain with a maximum diameter of 5⁄16 inches (0.8 cm). No
wrapping or cookies are allowed on the drop chains or sweep. The total length of the
sweep must be at least 7 ft (2.1 m) longer than the total length of the footrope, or 3.5 ft
(1.1 m) longer on each side. Drop chains must connect the footrope to the sweep chain,
and the length of each drop chain must be at least 42 inches (106.7 cm). One drop chain
must be hung from the center of the footrope to the center of the sweep, and one drop
chain must be hung from each corner. The attachment points of each drop chain on the
sweep and the footrope must be the same distance from the center drop chain
attachments. Drop chains must be hung at intervals of 8 ft (2.4 m) from the corners
toward the wing ends. The distance of the drop chain that is nearest the wing end to the
end of the footrope may differ from net to net. However, the sweep must be at least 3.5 ft
(1.1m) longer than the footrope between the drop chain closest to the wing ends and the
end of the sweep that attaches to the wing end.
(10) Nantucket Shoals Dogfish Fishery Exemption Area. Vessels subject to the minimum mesh size
restrictions specified in paragraph (a)(3) or paragraph (a)(4) of this section may fish with, use, or
possess nets of mesh smaller than the minimum size specified in the Nantucket Shoals Dogfish
Fishery Exemption Area, if the vessel complies with the requirements specified in paragraph
(a)(10)(i) of this section. The Nantucket Shoals Dogfish Fishery Exemption Area (copies of a map
depicting this area are available from the Regional Administrator upon request) is defined by straight
lines connecting the following points in the order stated:

NANTUCKET SHOALS DOGFISH EXEMPTION AREA
Point

N. lat.

W. long.

NS1

41°45′

70°00′

NS2

41°45′

69°20′

NS3

41°30′

69°20′

Cl1

41°30′

69°23′

NS5

41°26.5′

69°20′

NS6

40°50′

69°20′

NS7

40°50′

70°00′

NS1

41°45′

70°00′

(i)

Requirements.
(A) A vessel fishing in the Nantucket Shoals Dogfish Fishery Exemption Area, under the
exemption, must have on board a letter of authorization issued by the Regional
Administrator and may not fish for, possess on board, or land any species of fish other
than dogfish, except as provided under paragraph (a)(10)(i)(D) of this section.

50 CFR 648.80(a)(10)(i)(A) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(10)(i)(B)

(B) Fishing is confined to June 1 through October 15.
(C) When transiting the GOM or GB Regulated Mesh Areas, specified under paragraphs (a)(1)
and (2) of this section, any nets with a mesh size smaller than the minimum mesh size
specified in paragraphs (a)(3) and (4) of this section must be stowed and not available for
immediate use as defined in § 648.2.
(D) Incidental species provisions. The following species may be possessed and landed, with
the restrictions noted, as allowable incidental species in the Nantucket Shoals Dogfish
Fishery Exemption Area: Longhorn sculpin; silver hake—up to 200 lb (90.7 kg); monkfish
and monkfish parts—up to 10 percent, by weight, of all other species on board or up to 50
lb (23 kg) tail-weight/146 lb (66 kg) whole-weight of monkfish per trip, as specified in §
648.94(c)(4), whichever is less; American lobster—up to 10 percent, by weight, of all other
species on board or 200 lobsters, whichever is less, unless otherwise restricted by landing
limits specified in § 697.17 of this chapter; and skate or skate parts—up to 10 percent, by
weight, of all other species on board. .
(E) A vessel fishing in the Nantucket Shoals Dogfish Fishery Exemption Area, under the
exemption, must comply with any additional gear restrictions specified in the letter of
authorization issued by the Regional Administrator.
(ii) Sea sampling. The Regional Administrator may conduct periodic sea sampling to determine if
there is a need to change the area or season designation, and to evaluate the bycatch of
regulated species.
(11) [Reserved]
(12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. Unless otherwise prohibited in §
648.81, § 648.370, or § 648.371, a vessel may fish with a dredge in the Nantucket Shoals Mussel
and Sea Urchin Dredge Exemption Area, provided that any dredge on board the vessel does not
exceed 8 ft (2.4 m), measured at the widest point in the bail of the dredge, and the vessel does not
fish for, harvest, possess, or land any species of fish other than mussels and sea urchins. The area
coordinates of the Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area are the same
coordinates as those of the Nantucket Shoals Dogfish Fishery Exemption Area specified in
paragraph (a)(10) of this section.
(13) GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area. Unless otherwise prohibited in §
648.81, § 648.370, or § 648.371, a vessel may fish with gillnets in the GOM/GB Dogfish and
Monkfish Gillnet Fishery Exemption Area when not under a NE multispecies DAS if the vessel
complies with the requirements specified in paragraph (a)(13)(i) of this section. The GOM/GB
Dogfish and Monkfish Gillnet Fishery Exemption Area is defined by straight lines connecting the
following points in the order stated:

N lat.

W long.

41°35′

70°00′

42°49.5′

70°00′

1

Due north to Maine shoreline.

50 CFR 648.80(a)(13) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

N lat.

W long.

42°49.5′

69°40′

43°12′

69°00′

1

( )
1

50 CFR 648.80(a)(13)(i)

69°00′

Due north to Maine shoreline.

(i)

Requirements.
(A) A vessel fishing under this exemption may not fish for, possess on board, or land any
species of fish other than monkfish, or lobsters in an amount not to exceed 10 percent by
weight of the total catch on board, or 200 lobsters, whichever is less.
(B) The minimum mesh size for gillnets are as follows:
(1) Through April 30, 2026, all gillnets must have a minimum mesh size of 10-inch
(25.4-cm) diamond mesh throughout the net.
(2) Starting May 1, 2026, all gillnets must have a minimum mesh size of 12-inch
(30.5-cm) diamond mesh throughout the net.
(C) Fishing is confined to July 1 through September 14.

(ii) [Reserved]
(14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited in § 648.81, § 648.370, or § 648.371,
a vessel may fish with gillnets in the GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area
when not under a NE multispecies DAS if the vessel complies with the requirements specified in
paragraph (a)(14)(i) of this section. The area coordinates of the GOM/GB Dogfish and Monkfish
Gillnet Fishery Exemption Area are specified in paragraph (a)(13) of this section.
(i)

Requirements.
(A) A vessel fishing under this exemption may not fish for, possess on board, or land any
species of fish other than dogfish, or lobsters in an amount not to exceed 10 percent by
weight of the total catch on board, or 200 lobsters, whichever is less.
(B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-cm) diamond mesh
throughout the net.
(C) Fishing is confined to July 1 through August 31.

(ii) [Reserved]
(15) Raised Footrope Trawl Exempted Whiting Fishery. Unless otherwise prohibited in § 648.370 or §
648.371, vessels subject to the minimum mesh size restrictions specified in paragraphs (a)(3) or (4)
of this section may fish with, use, or possess nets in the Raised Footrope Trawl Whiting Fishery area
with a mesh size smaller than the minimum size specified, if the vessel complies with the
requirements specified in paragraph (a)(15)(i) of this section. This exemption does not apply to the
Cashes Ledge Closure Areas or the Western GOM Area Closure specified in § 648.81(a)(3) and (4),

50 CFR 648.80(a)(15) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(15)

respectively. The Raised Footrope Trawl Whiting Fishery Area (copies of a chart depicting the area
are available from the Regional Administrator upon request) is defined by straight lines connecting
the following points in the order stated:

RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
[SEPTEMBER 1 THROUGH NOVEMBER 20]
Point

N lat.

W long.

RF 1

42°14.05′

70°08.8′

RF 2

42°09.2′

69°47.8′

RF 3

41°54.85′

69°35.2′

RF 4

41°41.5′

69°32.85′

RF 5

41°39′

69°44.3′

RF 6

41°45.6′

69°51.8′

RF 7

41°52.3′

69°52.55′

RF 8

41°55.5′

69°53.45′

RF 9

42°08.35′

70°04.05′

RF 10

42°04.75′

70°16.95′

RF 11

42°00′

70°13.2′

RF 12

42°00′

70°24.1′

RF 13

42°07.85′

70°30.1′

RF 1

42°14.05′

70°08.8′

RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
[NOVEMBER 21 THROUGH DECEMBER 31]
Point

N lat.

W long.

RF 1

42°14.05′

70°08.8′

RF 2

42°09.2′

69°47.8′

RF 3

41°54.85′

69°35.2′

RF 4

41°41.5′

69°32.85′

RF 5

41°39′

69°44.3′

RF 6

41°45.6′

69°51.8′

RF 7

41°52.3′

69°52.55′

RF 8

41°55.5′

69°53.45′

RF 9

42°08.35′

70°04.05′

50 CFR 648.80(a)(15) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
RF 1

(i)

50 CFR 648.80(a)(15)(i)

N lat.
42°14.05′

W long.
70°08.8′

Requirements.
(A) A vessel fishing in the Raised Footrope Trawl Whiting Fishery under this exemption must
have on board a valid letter of authorization issued by the Regional Administrator. To
obtain a letter of authorization, vessel owners must write to or call during normal business
hours the Northeast Region Permit Office and provide the vessel name, owner name,
permit number, and the desired period of time that the vessel will be enrolled. Since letters
of authorization are effective the day after they are requested, vessel owners should allow
appropriate processing and mailing time. To withdraw from a category, vessel owners
must write to or call the Northeast Region Permit Office. Withdrawals are effective the day
after the date of request. Withdrawals may occur after a minimum of 7 days of enrollment.
(B) All nets must be no smaller than a minimum mesh size of 2.5-in (6.35-cm) square or
diamond mesh, subject to the restrictions as specified in paragraph (a)(15)(i)(D) of this
section. An owner or operator of a vessel enrolled in the raised footrope whiting fishery
may not fish for, possess on board, or land any species of fish other than silver hake,
offshore hake, and red hake, subject to the applicable possession limits as specified in §
648.86(d), except for the following allowable incidental species: Butterfish, Atlantic
mackerel, and squid, up to the amounts specified in § 648.26; scup, up to the amount
specified in § 648.128; spiny dogfish, up to the amount specified in § 648.235, and
Atlantic herring, up to the amount specified in § 648.204.
(C) [Reserved]
(D) All nets must comply with the minimum mesh sizes specified in paragraphs (a)(15)(i)(B)
of this section. Counting from the terminus of the net, the minimum mesh size is applied
to the first 100 meshes (200 bars in the case of square mesh) from the terminus of the net
for vessels greater than 60 ft (18.3 m) in length and is applied to the first 50 meshes (100
bars in the case of square mesh) from the terminus of the net for vessels less than or
equal to 60 ft (18.3 m) in length.
(E) Raised footrope trawl gear is required and must be configured as specified in paragraphs
(a)(9)(ii)(A) through (D) of this section.
(F) Fishing may only occur from September 1 through November 20 of each fishing year,
except that it may continue to occur in the eastern portion only of the Raised Footrope
Trawl Whiting Fishery Exemption Area, which remains open through December 31 of each
fishing year.
(G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery may fish for small-mesh
multispecies in exempted fisheries outside of the Raised Footrope Trawl Whiting Fishery
exemption area, provided that the vessel complies with the more restrictive gear,
possession limit and other requirements specified in the regulations of that exempted
fishery for the entire participation period specified on the vessel's letter of authorization.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(a)(15)(ii)

For example, a vessel may fish in both the Raised Footrope Trawl Whiting Fishery and the
Cultivator Shoal Whiting Fishery Exemption Area, and would be restricted to a minimum
mesh size of 3 inches (7.6 cm), as required in the Cultivator Shoal Whiting Fishery
Exemption Area; the use of the raised footrope trawl; and the catch and bycatch
restrictions of the Raised Footrope Trawl Whiting Fishery, except for scup.
(ii) Sea sampling. The Regional Administrator shall conduct periodic sea sampling to evaluate the
bycatch of regulated species.
(16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. Unless otherwise prohibited in §
648.370 or § 648.371, vessels subject to the minimum mesh size restrictions specified in
paragraphs (a)(3) or (4) of this section may fish with, use, and possess in the GOM Grate Raised
Footrope Trawl Whiting Fishery area from July 1 through November 30 of each year, nets with a
mesh size smaller than the minimum size specified, if the vessel complies with the requirements
specified in paragraphs (a)(16)(i) and (ii) of this section. The GOM Grate Raised Footrope Trawl
Whiting Fishery Area (copies of a chart depicting the area are available from the Regional
Administrator upon request) is defined by straight lines connecting the following points in the order
stated:

GOM GRATE RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
[JULY 1 THROUGH NOVEMBER 30]
Point

N lat.

W long.

GRF1

43°15′

70°35.4′

GRF2

43°15′

70°00′

GRF3

43°25.2′

70°00′

GRF4

43°41.8′

69°20′

GRF5

43°58.8′

69°20′

(i)

Mesh requirements and possession restrictions.
(A) All nets must comply with a minimum mesh size of 2.5-in (6.35-cm) square or diamond
mesh, subject to the restrictions specified in paragraph (a)(16)(i)(B) of this section. An
owner or operator of a vessel participating in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery may not fish for, possess on board, or land any species of fish,
other than silver hake and offshore hake, subject to the applicable possession limits as
specified in paragraph (a)(16)(i)(C) of this section, and red hake, subject to the possession
limit specified in § 648.86, except for the following allowable incidental species:
Butterfish, Atlantic mackerel, and squid, up to the amounts specified in § 648.26; Atlantic
herring, up to the amount specified in § 648.204; and alewife.
(B) All nets must comply with the minimum mesh size specified in paragraph (a)(16)(i)(A) of
this section. Counting from the terminus of the net, the minimum mesh size is applied to
the first 100 meshes (200 bars in the case of square mesh) from the terminus of the net

50 CFR 648.80(a)(16)(i)(B) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(16)(i)(C)

for vessels greater than 60 ft (18.3 m) in length and is applied to the first 50 meshes (100
bars in the case of square mesh) from the terminus of the net for vessels less than or
equal to 60 ft (18.3 m) in length.
(C) An owner or operator of a vessel participating in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery may fish for, possess, and land combined silver hake and
offshore hake only up to 7,500 lb (3,402 kg). An owner or operator fishing with mesh larger
than the minimum mesh size specified in paragraph (a)(16)(i)(A) of this section may not
fish for, possess, or land silver hake or offshore hake in quantities larger than 7,500 lb
(3,402 kg).
(ii) Gear specifications. In addition to the requirements specified in paragraph (a)(16)(i) of this
section, an owner or operator of a vessel fishing in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery must configure the vessel's trawl gear as specified in paragraphs
(a)(16)(ii)(A) through (C) of this section.
(A) An owner or operator of a vessel fishing in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery must configure the vessel's gear with a raised footrope trawl as
specified in paragraphs (a)(9)(ii)(A) through (C) of this section. In addition, the restrictions
specified in paragraphs (a)(16)(ii)(B) and (C) of this section apply to vessels fishing in the
GOM Grate Raised Footrope Trawl Exempted Whiting Fishery.
(B) The raised footrope trawl must be used without a sweep of any kind (chain, roller frame, or
rockhopper). The drop chains must be a maximum of 3⁄8-inch (0.95 cm) diameter bare
chain and must be hung from the center of the footrope and each corner (the quarter, or
the junction of the bottom wing to the belly at the footrope). Drop chains must be at least
42 inches (106.7 cm) in length and must be hung at intervals of 8 ft (2.4 m) along the
footrope from the corners to the wing ends.
(C) The raised footrope trawl net must have a rigid or semi-rigid grate consisting of parallel
bars of not more than 50 mm (1.97 inches) spacing that excludes all fish and other
objects, except those that are small enough to pass between its bars into the codend of
the trawl. The grate must be secured in the trawl, forward of the codend, in such a manner
that it precludes the passage of fish or other objects into the codend without the fish or
objects having to first pass between the bars of the grate. The net must have an outlet or
hole to allow fish or other objects that are too large to pass between the bars of the grate
to exit the net. The aftermost edge of this outlet or hole must be at least as wide as the
grate at the point of attachment. The outlet or hole must extend forward from the grate
toward the mouth of the net. A funnel of net material is allowed in the lengthening piece of
the net forward of the grate to direct catch towards the grate.
(iii) Annual review. On an annual basis, the Groundfish PDT will review data from this fishery,
including sea sampling data, to determine whether adjustments are necessary to ensure that
regulated species bycatch remains at a minimum. If the Groundfish PDT recommends
adjustments to ensure that regulated species bycatch remains at a minimum, the Council may
take action prior to the next fishing year through the framework adjustment process specified in
§ 648.90(c), and in accordance with the Administrative Procedure Act.
(17) GOM/GB Exemption Area—Area definition. The GOM/GB Exemption Area (copies of a map depicting
this area are available from the Regional Administrator upon request) is that area:

50 CFR 648.80(a)(17) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

(i)

50 CFR 648.80(a)(17)(i)

Bounded on the east by the U.S.-Canada maritime boundary, defined by straight lines
connecting the following points in the order stated:

GULF OF MAINE GEORGES BANK EXEMPTION AREA
Point

N. lat.
1

W. long.
1

G1

( )

( )

G2

43°58′

67°22′

G3

42°53.1′

67°44.4′

G4

42°31′

67°28.1′

G5

41°18.6′

66°24.8′

1

The intersection of the shoreline and the U.S.-Canada Maritime Boundary

(ii) Bounded on the south by straight lines connecting the following points in the order stated:

GULF OF MAINE/GEORGES BANK EXEMPTION AREA
Point

N. latitude

W. longitude

G6

40°55.5′

66°38′

G7

40°45′

68°00′

G8

40°37′

68°00′

G9

40°30′

69°00′

NL3

40°22.7′

69°00′

NL2

40°18.7′

69°40′

NL1

40°50′

69°40′

G11

40°50′

70°00′

G12

( 1)

70°00′

1

Northward to its intersection with the shoreline of mainland Massachusetts.

(18) [Reserved]
(19) Cape Cod Spiny Dogfish Exemption Areas. Unless otherwise prohibited in § 648.370 or § 648.371,
vessels issued a NE multispecies limited access permit that have declared out of the DAS program
as specified in § 648.10, or that have used up their DAS allocations, may fish in the Eastern or
Western Cape Cod Spiny Dogfish Exemption Area as defined under paragraphs (a)(19)(i) and (ii) of
this section, when not under a NE multispecies or scallop DAS, provided the vessel complies with the
requirements for the Eastern or Western area, specified in paragraphs (a)(19)(i) and (ii) of this
section, respectively.
50 CFR 648.80(a)(19) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

(i)

50 CFR 648.80(a)(19)(i)

Eastern area definition. The Eastern Cape Cod Spiny Dogfish Exemption Area is defined by the
straight lines connecting the following points in the order stated (copies of a chart depicting
the area are available from the Regional Administrator upon request): Eastern Cape Cod Spiny
Dogfish Exemption Area [June 1 through December 31, unless otherwise specified in paragraph
(a)(19)(i)(A) of this section]

Point

N. latitude

W. longitude

CCD 1

42/00′

70/00′

CCD 2

42/00′

69/47.5′

CCD 3

41/40′

69/47.5′

CCD 4

41/29.5′

69/35.5′

CCD 5

41/29.5′

69/23′

CCD 6

41/26′

69/20′

CCD 7

41/20′

69/20′

CCD 8

41/20′

( 1)

CCD 9

( 2)

70/00′

CCD 10

( 3)

70/00′

CCD 11

( 4)

70/00′

CCD 1

42/00′

70/00′

1

The eastern coastline of Nantucket, MA at 41°20′ N. lat.

2

The northern coastline of Nantucket, MA at 70°00′ W. long.

3

The southern coastline of Cape Cod, MA at 70°00′ W. long., then along the eastern coastline of Cape
Cod, MA to Point—11
4

The northern coastline of Cape Cod, MA, at 70°00′ W. long.

(A) Requirements.
(1) A vessel fishing in the Eastern Cape Cod Spiny Dogfish Exemption Area specified in
this paragraph (a)(19) may not fish for, possess on board, or land any NE regulated
species in accordance with the requirements of paragraph (a)(19) of this section.
(2) Vessels may use gillnet gear, as specified in § 648.80(a)(4)(iv), or longline gear as
specified in § 648.80(a)(4)(v), from June 1 through December 31.
(3) Vessels may use handgear from June 1 through August 31.
(B) [Reserved]
(ii) Western area definition. The Western Cape Cod Spiny Dogfish Exemption Area is bounded on
the north by 42°11.5′ N. lat., bounded on the east by 70°00 W. long., and bounded on the south
and west by the coast of Massachusetts (copies of a chart depicting the area are available
from the Regional Administrator upon request).
(A) Requirements.

50 CFR 648.80(a)(19)(ii)(A) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(a)(19)(ii)(A)(1)

(1) A vessel fishing in the Western Cape Cod Spiny Dogfish Exemption Area specified in
this paragraph (a)(19) may not fish for, possess on board, or land any NE regulated
species in accordance with the requirements of paragraph (a)(19) of this section.
(2) Vessels may use longline gear as specified in § 648.80(a)(4)(v), and handgear from
June 1 through August 31.
(B) [Reserved]
(b) Southern New England (SNE) Regulated Mesh Area —
(1) Area definition. The SNE Regulated Mesh Area (copies of a map depicting this area are available
from the Regional Administrator upon request) is that area:
(i)

Bounded on the east by the western boundary of the GB Regulated Mesh Area described under
paragraph (a)(2)(iii) of this section; and

(ii) Bounded on the west by a line beginning at the intersection of 74°00′ W. long. and the south
facing shoreline of Long Island, NY, and then running southward along the 74°00′ W. long. line.
(2) Gear restrictions —
(i)

Vessels using trawls. Except as provided in paragraphs (b)(2)(i) and (vi) of this section, and §
648.85(b)(6), and unless otherwise restricted under paragraph (b)(2)(iii) of this section, the
minimum mesh size for any trawl net, not stowed and not available for immediate use as
defined in § 648.2, except midwater trawl, on a vessel or used by a vessel fishing under the NE
multispecies DAS program or on a sector trip in the SNE Regulated Mesh Area is 6-inch
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, applied throughout the body and
extension of the net, or any combination thereof, and 6.5-inch (16.5-cm) square or diamond
mesh applied to the codend of the net, as defined in paragraph (a)(3)(i) of this section. This
restriction does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq
ft (0.81 sq m)), or to vessels that have not been issued a NE multispecies permit and that are
fishing exclusively in state waters.

(ii) Vessels using Scottish seine, midwater trawl, and purse seine. Except as provided in paragraphs
(b)(2)(ii) and (vi) of this section, the minimum mesh size for any Scottish seine, midwater trawl,
or purse seine, not stowed and not available for immediate use as defined in § 648.2, on a
vessel or used by a vessel fishing under a DAS in the NE multispecies DAS program in the SNE
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh
applied throughout the net, or any combination thereof. This restriction does not apply to nets
or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing exclusively in state waters.
(iii) Large-mesh vessels. When fishing in the SNE Regulated Mesh Area, the minimum mesh size for
any trawl net vessel, or sink gillnet, not stowed and not available for immediate use as defined
in § 648.2 on a vessel or used by a vessel fishing under a DAS in the Large-mesh DAS program,
specified in § 648.82(b)(4), is 8.5-inch (21.6-cm) diamond or square mesh throughout the entire
net. This restriction does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE multispecies permit and
that are fishing exclusively in state waters.

50 CFR 648.80(b)(2)(iii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(b)(2)(iv)

(iv) Gillnet vessels. For Day and Trip gillnet vessels, the minimum mesh size for any sink gillnet not
stowed and not available for immediate use as defined in § 648.2, when fishing under a DAS in
the NE multispecies DAS program or on a sector trip in the SNE Regulated Mesh Area, is 6.5
inches (16.5 cm) throughout the entire net. This restriction does not apply to nets or pieces of
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), to vessels fishing with gillnet
gear under a monkfish-only DAS in the SNE Dogfish Gillnet Exemption Area in accordance with
the provisions specified under paragraph (b)(7)(i)(A) of this section; to vessels fishing with
gillnet gear under a monkfish-only DAS in the Mid-Atlantic Exemption Area in accordance with
the provisions specified under paragraph (c)(5)(ii) of this section; or to vessels that have not
been issued a NE multispecies permit and that are fishing exclusively in state waters. Day
gillnet vessels must also abide by the tagging requirements in paragraph (a)(3)(iv)(C) of this
section.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE multispecies DAS or on a sector
trip and fishing in the SNE Regulated Mesh Area may not fish with nets longer than 300
ft(91.4 m), or 50 fathoms (91.4 m) in length.
(B) Day gillnet vessels —
(1) Number of nets. A Day gillnet vessel fishing under a NE multispecies DAS or on a
sector trip and fishing in the SNE Regulated Mesh Area may not fish with, haul,
possess, or deploy more than 75 nets, except as provided in § 648.92(b)(8)(i). Such
vessels may stow additional nets in accordance with the definition of not available
for immediate use as defined in § 648.2 not to exceed 150 nets, counting the
deployed net.
(2) Net size requirements. Nets may not be longer than 300 ft (91.4 m), or 50 fathoms
(91.4 m), in length.
(3) Tags. Roundfish or flatfish gillnets must be tagged with two tags per net, with one tag
secured to each bridle of every net within a string of nets.
(C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of this section.
(v) Hook gear restrictions. Unless otherwise specified in this paragraph (b)(2)(v), vessels fishing
with a valid NE multispecies limited access permit and fishing under a NE multispecies DAS,
and vessels fishing with a valid NE multispecies limited access Small-Vessel permit, in the SNE
Regulated Mesh Area, and persons on such vessels, are prohibited from fishing, setting, or
hauling back, per day, or possessing on board the vessel, more than 2,000 rigged hooks. All
longline gear hooks must be circle hooks, of a minimum size of 12/0. An unabated hook and
gangions that has not been secured to the ground line of the trawl on board a vessel is deemed
to be a replacement hook and is not counted toward the 2,000-hook limit. A “snap-on” hook is
deemed to be a replacement hook if it is not rigged or baited. The use of de-hookers (“crucifer”)
with less than 6-inch (15.2-cm) spacing between the fairlead rollers is prohibited. Vessels
fishing with a valid NE multispecies limited access Hook Gear permit and fishing under a
multispecies DAS in the SNE Regulated Mesh Area, and persons on such vessels, are prohibited
from possessing gear other than hook gear on board the vessel. Vessels fishing with a valid NE
multispecies limited access Handgear A permit are prohibited from fishing, or possessing on
board the vessel, gears other than handgear. Vessels fishing with tub-trawl gear are prohibited
from fishing, setting, or hauling back, per day, or possessing on board the vessel more than 250
hooks.
50 CFR 648.80(b)(2)(v) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(b)(2)(vi)

(vi) Other restrictions and exemptions. A vessel is prohibited from fishing in the SNE Exemption
Area, as defined in paragraph (b)(10) of this section, except if fishing with exempted gear (as
defined under this part) or under the exemptions specified in paragraphs (b)(3), (b)(5) through
(9), (b)(12), (c), (e), (h), and (i) of this section; or if fishing under a NE multispecies DAS; or if
fishing on a sector trip; or if fishing under the Small Vessel or Handgear A permit specified in §
648.82(b)(5) and (6), respectively; or if fishing under a Handgear B permit specified in §
648.88(a); or if fishing under a scallop state waters exemption specified in § 648.54; or if
fishing under a scallop DAS or General Category scallop permit in accordance with paragraph
(h) of this section; or if fishing pursuant to a NE multispecies open access Charter/Party or
Handgear permit specified in § 648.88; or if fishing as a charter/party or private recreational
vessel in compliance with the regulations specified in § 648.89. Any gear on a vessel, or used
by a vessel, in this area must be authorized under one of these exemptions or must be stowed
and not available for immediate use as defined in § 648.2.
(3) Exemptions —
(i)

Species exemption. Unless otherwise restricted in § 648.86, owners and operators of vessels
subject to the minimum mesh size restrictions specified in paragraphs (a)(4) and (b)(2) of this
section may fish for, harvest, possess, or land butterfish, dogfish (caught by trawl only), herring,
Atlantic chub mackerel, Atlantic mackerel, ocean pout, scup, shrimp, squid, summer flounder,
silver hake and offshore hake, and weakfish with nets of a mesh size smaller than the minimum
size specified in the GB and SNE Regulated Mesh Areas when fishing in the SNE Exemption
Area defined in paragraph (b)(10) of this section, provided such vessels comply with
requirements specified in paragraph (b)(3)(ii) of this section and with the mesh size and
possession limit restrictions specified under § 648.86(d).

(ii) Possession and net stowage requirements. Vessels may possess regulated species while in
possession of nets with mesh smaller than the minimum size specified in paragraphs (a)(4)
and (b)(2) of this section when fishing in the SNE Exemption Area defined in paragraph (b)(10)
of this section, provided that such nets are stowed and are not available for immediate use as
defined in § 648.2, and provided that regulated species were not harvested by nets of mesh
size smaller than the minimum mesh size specified in paragraphs (a)(4) and (b)(2) of this
section. Vessels fishing for the exempted species identified in paragraph (b)(3)(i) of this
section may also possess and retain the following species, with the restrictions noted, as
incidental take to these exempted fisheries: Conger eels; sea robins; black sea bass; red hake;
tautog (blackfish); blowfish; cunner; John Dory; mullet; bluefish; tilefish; longhorn sculpin;
fourspot flounder; alewife; hickory shad; American shad; blueback herring; sea raven; Atlantic
croaker; spot; swordfish; monkfish and monkfish parts—up to 10 percent, by weight, of all other
species on board or up to 50 lb (23 kg) tail-weight/146 lb (66 kg) whole weight of monkfish per
trip, as specified in § 648.94(c)(4), whichever is less; American lobster—up to 10 percent, by
weight, of all other species on board or 200 lobsters, whichever is less; and skate and skate
parts (except for barndoor skate and other prohibited skate species (see §§ 648.14(v)(2) and
648.322(g))—up to 10 percent, by weight, of all other species on board.
(4) Addition or deletion of exemptions. Same as in paragraph (a)(8) of this section.
(5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise required or prohibited by monkfish
or skate regulations under this part, a vessel may fish with trawl gear in the SNE Monkfish and Skate
Trawl Fishery Exemption Area when not operating under a NE multispecies DAS if the vessel
complies with the requirements specified in paragraph (b)(5)(i) of this section, and the monkfish and
50 CFR 648.80(b)(5) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(b)(5)(i)

skate regulations, as applicable, under this part. The SNE Monkfish and Skate Trawl Fishery
Exemption Area is defined as the area bounded on the north by a line extending eastward along
40°10′ N. lat., and bounded on the west by the western boundary of the SNE Exemption Area as
defined in paragraph (b)(10)(ii) of this section.
(i)

Requirements.
(A) A vessel fishing under this exemption may only fish for, possess on board, or land
monkfish and incidentally caught species up to the amounts specified in paragraph (b)(3)
of this section.
(B) All trawl nets must comply with the minimum mesh size specified under § 648.91(c)(1)(i).
(C) A vessel not operating under a multispecies DAS may fish for, possess on board, or land
skates, provided:
(1) The vessel is called into the monkfish DAS program (§ 648.92) and complies with the
skate possession limit restrictions at § 648.322;
(2) The vessel has a valid letter of authorization on board to fish for skates as bait, and
complies with the requirements specified at § 648.322(c); or
(3) The vessel possesses and/or lands skates or skate parts in an amount not to exceed
10 percent by weight of all other species on board as specified at paragraph (b)(3) of
this section.

(ii) [Reserved]
(6) SNE Monkfish and Skate Gillnet Exemption Area. Unless otherwise required by monkfish regulations
under this part, a vessel may fish with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery
Exemption Area when not operating under a NE multispecies DAS if the vessel complies with the
requirements specified in paragraph (b)(6)(i) of this section; the monkfish regulations, as applicable,
under §§ 648.91 through 648.94; and the skate regulations, as applicable, under §§ 648.4 and
648.322. The SNE Monkfish and Skate Gillnet Fishery Exemption Area is defined by a line running
from the Massachusetts shoreline at 41°35′ N. lat. and 70°00′ W. long., south to its intersection with
the outer boundary of the EEZ, southwesterly along the outer boundary of the EEZ, and bounded on
the west by the western boundary of the SNE Exemption Area, as defined in paragraph (b)(10)(ii) of
this section.
(i)

Requirements.
(A) A vessel fishing under the SNE Monkfish and Skate Gillnet Exemption may only fish for,
possess on board, or land monkfish as specified in § 648.94(b), spiny dogfish up to the
amount specified in § 648.235, and other incidentally caught species up to the amounts
specified in paragraph (b)(3) of this section.
(B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) diamond mesh
throughout the net.
(C) All nets with a mesh size smaller than the minimum mesh size specified in paragraph
(b)(6)(i)(B) of this section must be stowed and not available for immediate use as defined
in § 648.2.

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50 CFR 648.80(b)(6)(i)(D)

(D) A vessel not operating under a NE multispecies DAS may fish for, possess on board, or
land skates, provided:
(1) The vessel is called into the monkfish DAS program (§ 648.92) and complies with the
skate possession limit restrictions at § 648.322;
(2) The vessel has a valid letter of authorization on board to fish for skates as bait, and
complies with the requirements specified at § 648.322(c); or
(3) The vessel possesses and/or lands skates or skate parts in an amount not to exceed
10 percent, by weight, of all other species on board as specified at paragraph (b)(3)
of this section.
(ii) [Reserved]
(7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required by monkfish regulations under this
part, a gillnet vessel may fish in the SNE Dogfish Gillnet Fishery Exemption Area when not operating
under a NE multispecies DAS if the vessel complies with the requirements specified in paragraph
(b)(7)(i) of this section and the applicable dogfish regulations under subpart L of this part. The SNE
Dogfish Gillnet Fishery Exemption Area is defined by a line running from the Massachusetts
shoreline at 41°35′ N. lat. and 70°00′ W. long., south to its intersection with the outer boundary of the
EEZ, southwesterly along the outer boundary of the EEZ, and bounded on the west by the western
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii) of this section.
(i)

Requirements.
(A) A vessel fishing under the SNE Dogfish Gillnet Exemption may only fish for, possess on
board, or land dogfish and the bycatch species and amounts specified in paragraph (b)(3)
of this section, unless fishing under a monkfish DAS. A vessel fishing under this
exemption while on a monkfish-only DAS may also fish for, possess on board, and land
monkfish up to the amount specified in § 648.94.
(B) All gillnets must have a minimum mesh size of 6-inch (15.2-cm) diamond mesh
throughout the net. A vessel fishing under this exemption while on a monkfish-only DAS
may not fish with, possess, haul, or deploy more than 50 roundfish gillnets, as defined in §
648.2.
(C) Fishing is confined to May 1 through October 31.

(ii) [Reserved]
(8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish with a dredge in the SNE Exemption
Area, as defined in paragraph (b)(10) of this section, provided that any dredge on board the vessel
does not exceed 8 ft (2.4 m), measured at the widest point in the bail of the dredge, and the vessel
does not fish for, harvest, possess, or land any species of fish other than mussels and sea urchins.
(9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with gillnet gear in the SNE Little Tunny
Gillnet Exemption Area when not operating under a NE multispecies DAS with mesh size smaller
than the minimum required in the SNE Regulated Mesh Area, if the vessel complies with the
requirements specified in paragraph (b)(9)(i) of this section. The SNE Little Tunny Gillnet Exemption
Area is defined by a line running from the Rhode Island shoreline at 41°18.2′ N. lat. and 71°51.5′ W.
long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point, Fishers Island, NY; and

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(b)(9)(i)

from Race Point, Fishers Island, NY, southeasterly to 41°06.5′ N. lat. and 71°50.2′ W. long.; eastnortheastly through Block Island, RI, to 41°15′ N. lat. and 71°07′ W. long.; then due north to the
intersection of the RI-MA shoreline.
(i)

Requirements.
(A) A vessel fishing under this exemption may fish only for, possess on board, or land little
tunny and the allowable incidental species and amounts specified in paragraph (b)(3) of
this section and, if applicable, paragraph (b)(9)(i)(B) of this section. Vessels fishing under
this exemption may not possess regulated species.
(B) A vessel may possess bonito as an allowable incidental species.
(C) The vessel must have a letter of authorization issued by the Regional Administrator on
board.
(D) All gillnets must have a minimum mesh size of 5.5-inch (14.0-cm) diamond mesh
throughout the net.
(E) All nets with a mesh size smaller than the minimum mesh size specified in paragraph
(b)(9)(i)(D) of this section must be stowed and not available for immediate use as defined
in § 648.2 while fishing under this exemption.
(F) Fishing is confined to September 1 through October 31.

(ii) The Regional Administrator shall conduct periodic sea sampling to evaluate the likelihood of
gear interactions with protected resources.
(10) SNE Exemption Area—Area definition. The SNE Exemption Area (copies of a map depicting this area
are available from the Regional Administrator upon request) is that area:
(i)

Bounded on the east by straight lines connecting the following points in the order stated:

SOUTHERN NEW ENGLAND EXEMPTION AREA
Point

N. lat.

W. long.

G5

41°18.6′

66°24.8′

G6

40°55.5′

66°38′

G7

40°45.5′

68°00′

G8

40°37′

68°00′

G9

40°30.5′

69°00′

NL3

40°22.7′

69°00′

NL2

40°18.7′

69°40′

NL1

40°50′

69°40′

G11

40°50′

70°00′

1

Northward to its intersection with the shoreline of mainland Massachusetts.

50 CFR 648.80(b)(10)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point

N. lat.

G12
1

50 CFR 648.80(b)(10)(ii)

W. long.
70°00′

1

Northward to its intersection with the shoreline of mainland Massachusetts.

(ii) Bounded on the west by a line running from the Rhode Island shoreline at 41°18.2′ N. lat. and
71°51.5′ W. long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point,
Fishers Island, NY; and from Race Point, Fishers Island, NY; southeasterly to the intersection of
the 3-nautical mile line east of Montauk Point; southwesterly along the 3-nautical mile line to
the intersection of 72°30′ W. long.; and south along that line to the intersection of the outer
boundary of the EEZ.
(11) [Reserved]
(12) SNE Skate Bait Trawl Exemption Area. Vessels issued an open access skate permit and a skate bait
Letter of Authorization as specified in § 648.322(c) that have declared out of the DAS program as
specified in § 648.10, or that have used up their DAS allocations, may fish in the SNE Skate Bait
Trawl Exemption Area as defined under paragraph (b)(12)(i) of this section, when not under a NE
multispecies or scallop DAS, provided the vessel complies with the requirements specified in
paragraph (b)(1)(ii) of this section.
(i)

Area definition. The SNE Skate Bait Trawl Exemption Area is defined by the straight lines
connecting the following points in the order stated (copies of a chart depicting the area are
available from the Regional Administrator upon request):

SNE SKATE BAIT TRAWL EXEMPTION AREA
[JULY 1 THROUGH OCTOBER 31]
Point

N. lat.

W. long.

SBT 1

Southeastern MA

71°00′

SBT 2

41°00′

71°00′

SBT 3

41°00′

72°05′

SBT 4

Southern CT

72°05′

(ii) Requirements.
(A) A vessel fishing in the SNE Skate Bait Trawl Exemption Area specified in this paragraph
(b)(12) may not fish for, possess on board, or land any NE regulated species.
(B) Vessels must use trawl gear, as specified in § 648.80(b)(2)(i).
(C) Vessels must possess an active skate bait letter of authorization issued by the Regional
Administrator, as specified in § 648.322(c) and fish pursuant to the terms of authorization.
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(b)(12)(ii)(D)

(D) Fishing may only occur from July 1 through October 31 of each fishing year.
(c) Mid-Atlantic (MA) Regulated Mesh Area —
(1) Area definition. The MA Regulated Mesh Area is that area bounded on the east by the western
boundary of the SNE Regulated Mesh Area, described under paragraph (b)(1)(ii) of this section.
(2) Gear restrictions —
(i)

Vessels using trawls. Except as provided in paragraph (c)(2)(iii) of this section, and §
648.85(b)(6), the minimum mesh size for any trawl net not stowed and not available for
immediate use as defined in § 648.2, on a vessel or used by a vessel fishing under the NE
multispecies DAS program or on a sector trip in the MA Regulated Mesh Area, shall be that
specified by § 648.108(a), applied throughout the body and extension of the net, or any
combination thereof, and 6.5-inch (16.5-cm) diamond or square mesh applied to the codend of
the net, as defined in paragraph (a)(3)(i) of this section. This restriction does not apply to nets
or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that
have not been issued a NE multispecies permit and that are fishing exclusively in state waters.

(ii) Vessels using Scottish seine, midwater trawl, and purse seine. Except as provided in paragraph
(c)(2)(iii) of this section, the minimum mesh size for any sink gillnet, Scottish seine, midwater
trawl, or purse seine, not stowed and not available for immediate use as defined in § 648.2, on a
vessel or used by a vessel fishing under a DAS in the NE multispecies DAS program in the MA
Regulated Mesh Area, shall be that specified in § 648.108(a). This restriction does not apply to
nets or pieces of nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels
that have not been issued a NE multispecies permit and that are fishing exclusively in state
waters.
(iii) Large-mesh vessels. When fishing in the MA Regulated Mesh Area, the minimum mesh size for
any trawl net vessel, or sink gillnet, not stowed and not available for immediate use as defined
in § 648.2, on a vessel or used by a vessel fishing under a DAS in the Large-mesh DAS program,
specified in § 648.82(b)(4), is 7.5-inch (19.0-cm) diamond mesh or 8.0-inch (20.3-cm) square
mesh, throughout the entire net. This restriction does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been
issued a NE multispecies permit and that are fishing exclusively in state waters.
(iv) Hook gear restrictions. Unless otherwise specified in this paragraph (c)(2)(iv), vessels fishing
with a valid NE multispecies limited access permit and fishing under a NE multispecies DAS,
and vessels fishing with a valid NE multispecies limited access Small Vessel permit, in the MA
Regulated Mesh Area, and persons on such vessels, are prohibited from using de-hookers
(“crucifer”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers. Vessels fishing
with a valid NE multispecies limited access Hook gear permit and fishing under a NE
multispecies DAS in the MA Regulated Mesh Area, and persons on such vessels, are prohibited
from possessing gear other than hook gear on board the vessel and are prohibited from fishing,
setting, or hauling back, per day, or possessing on board the vessel, more than 4,500 rigged
hooks. An unabated hook and gangions that has not been secured to the ground line of the
trawl on board a vessel is deemed to be a replacement hook and is not counted toward the
4,500-hook limit. A “snap-on” hook is deemed to be a replacement hook if it is not rigged or
baited. Vessels fishing with a valid NE multispecies limited access Handgear permit are

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(c)(2)(v)

prohibited from fishing, or possessing on board the vessel gears other than handgear. Vessels
fishing with tub-trawl gear are prohibited from fishing, setting, or hauling back, per day, or
possessing on board the vessel, more than 250 hooks.
(v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum mesh size for any sink gillnet, not
stowed and not available for immediate use as defined in § 648.2, when fishing under a DAS in
the NE multispecies DAS program or on a sector trip in the MA Regulated Mesh Area, is 6.5
inches (16.5 cm) throughout the entire net. This restriction does not apply to nets or pieces of
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), to vessels fishing with gillnet
gear under a monkfish-only DAS in the Mid-Atlantic Exemption Area in accordance with the
provisions specified under paragraph (c)(5)(ii) of this section, or to vessels that have not been
issued a NE multispecies permit and that are fishing exclusively in state waters.
(A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE multispecies DAS or on a sector
trip and fishing in the MA Regulated Mesh Area may not fish with nets longer than 300 ft
(91.4 m), or 50 fathoms (91.4 m) in length.
(B) Day gillnet vessels —
(1) Number of nets. A Day gillnet vessel fishing under a NE multispecies DAS or on a
sector trip and fishing in the MA Regulated Mesh Area, may not fish with, haul,
possess, or deploy more than 75 nets, except as provided in § 648.92(b)(8)(i). Such
vessels may stow additional nets in accordance with the definition of not available
for immediate use as defined in § 648.2 not to exceed 150 nets, counting the
deployed net.
(2) Net size requirement. Nets may not be longer than 300 ft (91.4 m), or 50 fathoms
(91.4 m), in length.
(3) Tags. Roundfish or flatfish gillnets must be tagged with two tags per net, with one tag
secured to each bridle of every net within a string of nets.
(C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of this section.
(3) Net stowage exemption. Vessels may possess regulated species while in possession of nets with
mesh smaller than the minimum size specified in paragraph (c)(2)(i) of this section, provided that
such nets are stowed and are not available for immediate use as defined in § 648.2, and provided
that regulated species were not harvested by nets of mesh size smaller than the minimum mesh
size specified in paragraph (c)(2)(i) of this section.
(4) Addition or deletion of exemptions. See paragraph (a)(8)(ii) of this section.
(5) MA Exemption Area.
(i)

The MA Exemption Area is that area that lies west of the SNE Exemption Area defined in
paragraph (b)(10) of this section.

(ii) Monkfish/Spiny Dogfish Exempted Gillnet Fishery. A vessel fishing on a monkfish-only DAS may
fish with, use, or possess gillnets in the MA Exemption Area with a mesh size smaller than the
minimum size specified in paragraph (b)(2)(iv) or (c)(2)(v) of this section, provided the vessel
complies with the following requirements:

50 CFR 648.80(c)(5)(ii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(c)(5)(ii)(A)

(A) Number of nets. Notwithstanding the provisions specified in paragraphs (c)(2)(v)(A) and
(B) of this section and § 648.92(b)(8), a vessel fishing on a monkfish-only DAS within the
MA Exemption Area may not fish with, possess, haul, or deploy more than 50 roundfish
gillnets, as defined in § 648.2.
(B) Minimum mesh size. The minimum mesh size for any roundfish gillnet not stowed and
available for immediate use by a vessel fishing on a monkfish-only DAS within the MA
Exemption Area is 5 inches (12.7 cm) throughout the entire net.
(C) Possession limits. A vessel fishing on a monkfish-only DAS within the MA Exemption Area
may fish for, possess on board, or land monkfish up to the amount specified in § 648.94,
spiny dogfish up to the amount specified in § 648.235, and other incidentally caught
species up to the amounts specified in paragraph (b)(3) of this section.
(iii) Atlantic chub mackerel fishery exemption. Owners and operators of vessels subject to the
minimum mesh size restrictions specified in paragraphs (b)(2) and (c)(2) of this section may
fish for, harvest, possess, or land Atlantic chub mackerel with nets of a mesh size smaller than
the minimum size specified in the SNE Regulated Mesh Area when fishing in the MA Exemption
Area defined in paragraph (c)(5)(i) of this section, provided such vessels comply with the
following requirements:
(A) Gear restrictions. A vessel fishing for Atlantic chub mackerel within the MA Exemption
Area must comply with the gear restrictions specified in § 648.23.
(B) Possession limits. A vessel fishing for Atlantic chub mackerel within the MA Exemption
Area may fish for, possess on board, or land Atlantic chub mackerel, Atlantic mackerel,
butterfish, Illex squid, and longfin squid up to the amount specified in § 648.26, and other
incidentally caught species up to the amounts specified in paragraph (b)(3) of this section.
(d) Midwater trawl gear exempted fishery. Fishing may take place throughout the fishing year with midwater
trawl gear of mesh size less than the applicable minimum size specified in this section, provided that:
(1) Midwater trawl gear is used exclusively;
(2) When fishing under this exemption in the GOM/GB Exemption Area, as defined in paragraph (a)(17)
of this section, the vessel has on board a letter of authorization issued by the Regional Administrator,
and complies with the following restrictions:
(i)

The vessel only fishes for, possesses, or lands Atlantic herring, blueback herring, or mackerel in
areas north of 42°20′ N lat. and in the areas described in § 648.81(c)(3) and (4); and Atlantic
herring, blueback herring, mackerel, or squid in all other areas south of 42°20′ N. lat.; and

(ii) The vessel is issued a letter of authorization for a minimum of 7 days. The vessel can be issued
LOAs for the midwater trawl exempted fishery and the purse seine exempted fishery at the
same time.
(3) The vessel carries an observer, if requested by the Regional Administrator;
(4) The vessel does not fish for, possess or land NE. multispecies, except that a vessel issued a
Category A or B Herring Permit and 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 paragraph (d) of this section, may possess and land haddock and other regulated
multispecies consistent with the catch caps and possession restrictions in § 648.86(a)(3) and (k).
50 CFR 648.80(d)(4) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(d)(5)

Such haddock or other regulated NE multispecies may not be sold, purchased, received, traded,
bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or transferred
for, or intended for, human consumption. Haddock or other regulated NE multispecies that are
separated out from the herring catch pursuant to § 648.15(d) may not be sold, purchased, received,
traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or
transferred for any purpose. A vessel issued 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 this paragraph (d), may not discard haddock that
has been brought on the deck or pumped into the hold;
(5) To fish for herring under this exemption, a vessel issued a Category A or B Herring Permit fishing on
a declared herring trip, or a vessel issued a Category C, D, or E Herring Permit fishing with midwater
trawl gear in Management Areas 1A, 1B, and/or 3, as defined in § 648.200(f)(1) and (3), must provide
notice of the following information to NMFS at least 48 hr prior to beginning any trip into these areas
for the purposes of observer deployment: Vessel name; contact name for coordination of observer
deployment; telephone number for contact; the date, time, and port of departure; and
(6) A vessel issued a Category A or B Herring Permit fishing on a declared herring trip with midwater
trawl gear, or a vessel issued a Category C or E Herring Permit and fishing with midwater trawl gear
in Management Areas 1A, 1B, and/or 3, as defined at § 648.200(f)(1) and (3), must notify NMFS
Office of Law Enforcement through VMS of the time and place of offloading at least 6 hours prior to
landing or, if fishing ends less than 6 hours before landing, as soon as the vessel stops catching fish.
The Regional Administrator may adjust the prior notification minimum time through publication of a
document in the FEDERAL REGISTER consistent with the Administrative Procedure Act.
(7) [Reserved]
(e) Purse seine gear exempted fishery. Fishing may take place throughout the fishing year with purse seine
gear of mesh size smaller than the applicable minimum size specified in this section, provided that:
(1) The vessel uses purse seine gear exclusively;
(2) When fishing under this exemption in the GOM/GB Exemption Area, as defined in paragraph (a)(17)
of this section, the vessel has on board a letter of authorization issued by the Regional Administrator
and complies with the following:
(i)

The vessel only fishes for, possesses, or lands Atlantic herring, blueback herring, mackerel, or
menhaden; and

(ii) The vessel carries an observer, if requested by the Regional Administrator;
(3) The vessel is issued a letter of authorization for a minimum of 7 days, and cancels it only as
instructed by the Regional Administrator. The vessel can be issued LOAs for the midwater trawl
exempted fishery and the purse seine exempted fishery at the same time; and
(4) The vessel does not fish for, possess, or land NE multispecies, except that vessels that have a
Category A or B Herring Permit fishing on a declared herring trip may possess and land haddock or
other regulated species consistent with possession restrictions in § 648.86(a)(3) and (k),
respectively. Such haddock or other regulated multispecies may not be sold, purchased, received,
traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or
transferred for, or intended for, human consumption. Haddock or other regulated species that are
separated out from the herring catch pursuant to § 648.15(d) may not be sold, purchased, received,
50 CFR 648.80(e)(4) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(e)(5)

traded, bartered, or transferred, or attempted to be sold, purchased, received, traded, bartered, or
transferred for any purpose. A vessel issued a Category A or B Herring Permit may not discard
haddock that has been brought on the deck or pumped into the hold;
(5) To fish for herring under this exemption, vessels that have a Category A or B Herring Permit must
provide notice to NMFS of the vessel name; contact name for coordination of observer deployment;
telephone number for contact; and the date, time, and port of departure, at least 48 hr prior to
beginning any trip into these areas for the purposes of observer deployment; and
(6) All vessels that have a Category A or B Herring Permit must notify NMFS Office of Law Enforcement
through VMS of the time and place of offloading at least 6 hours prior to landing or, if fishing ends
less than 6 hours before landing, as soon as the vessel stops catching fish. The Regional
Administrator may adjust the prior notification minimum time through publication of a document in
the FEDERAL REGISTER consistent with the Administrative Procedure Act.
(f) Mesh measurements —
(1) Gillnets. Mesh size of gillnet gear shall be measured by lining up 5 consecutive knots perpendicular
to the float line and, with a ruler or tape measure, measuring 10 consecutive measures on the
diamond, inside knot to inside knot. The mesh shall be the average of the measurements of 10
consecutive measures.
(2) All other nets. With the exception of gillnets, mesh size is measured by an electronic Omega gauge or
a wedge-shaped gauge. The Omega gauge has a measuring range of at least 10-300 mm (0.4
inches-11.81 inches), and shall be inserted into the meshes under a pressure or pull of 125 N or
12.75 kg for mesh greater than or equal to 55 mm (2.17 inches) and under a pressure or pull of 50 N
or 5.10 kg for mesh less than 55 mm (2.17 inches). The wedge shaped gauge, with a taper of 2 cm
(0.79 inches) in 8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches), shall be inserted into
the meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches)
and under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater, than 120 mm (4.72
inches).
(i)

Square-mesh measurement. Square mesh in the regulated portion of the net is measured by
placing the net gauge along the diagonal line that connects the largest opening between
opposite corners of the square. The square-mesh size is the average of the measurements of
20 consecutive adjacent meshes from the terminus forward along the long axis of the net. The
square mesh is measured at least five meshes away from the lacings of the net.

(ii) Diamond-mesh measurement. Diamond mesh in the regulated portion of the net is measured
running parallel to the long axis of the net. The diamond-mesh size is the average of the
measurements of any series of 20 consecutive meshes. The mesh is measured at least five
meshes away from the lacings of the net.
(g) Restrictions on gear and methods of fishing —
(1) Net obstruction or constriction. Except as provided in paragraph (g)(5) of this section, a fishing vessel
subject to minimum mesh size restrictions shall not use, or attach any device or material, including,
but not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of a trawl net,
except that one splitting strap and one bull rope (if present), consisting of line and rope no more than
3 in (7.6 cm) in diameter, may be used if such splitting strap and/or bull rope does not constrict, in
any manner, the top of the trawl net. “The top of the trawl net” means the 50 percent of the net that

50 CFR 648.80(g)(1) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.80(g)(2)

(in a hypothetical situation) would not be in contact with the ocean bottom during a tow if the net
were laid flat on the ocean floor. For the purpose of this paragraph, head ropes are not considered
part of the top of the trawl net.
(2) Net obstruction or constriction.
(i)

Except as provided in paragraph (g)(5) of this section, a fishing vessel may not use, or attach,
any mesh configuration, mesh construction, or other means on or in the top of the net, as
defined in paragraph (g)(1), subject to minimum mesh size restrictions, as defined in paragraph
(g)(1) of this section, if it obstructs the meshes of the net in any manner.

(ii) A fishing vessel may not use a net capable of catching NE multispecies if the bars entering or
exiting the knots twist around each other.
(3) Pair trawl prohibition. No vessel may fish for NE multispecies while pair trawling, or possess or land
NE multispecies that have been harvested by means of pair trawling, except as authorized under
paragraph (d) of this section.
(4) Brush-sweep trawl prohibition. No vessel may fish for, possess, or land NE multispecies while fishing
with, or while in possession of, brush-sweep trawl gear.
(5) Net strengthener restrictions when fishing for or possessing small-mesh multispecies —
(i)

Nets of mesh size less than 2.5 inches (6.4 cm). A vessel lawfully fishing for small-mesh
multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas, as defined in paragraphs (a),
(b), and (c) of this section, with nets of mesh size smaller than 2.5 inches (6.4 cm), as
measured by methods specified in paragraph (f) of this section, may use net strengtheners
(covers, as described at § 648.23(a)(3)), provided that the net strengthener for nets of mesh
size smaller than 2.5 inches (6.4 cm) complies with the provisions specified under §
648.23(a)(3)(iii).

(ii) Nets of mesh size equal to or greater than 2.5 inches (6.4 cm) but less than 3 inches (7.6 cm). A
vessel lawfully fishing for small-mesh multispecies in the GOM/GB, SNE, or MA Regulated
Mesh Areas, as defined in paragraphs (a), (b), and (c) of this section, with nets with mesh size
equal to or greater than 2.5 inches (6.4 cm) but less than 3 inches (7.6 cm) (as measured by
methods specified in paragraph (f) of this section, and as applied to the part of the net
specified in paragraph (d)(1)(iv) of this section) may use a net strengthener (i.e., outside net),
provided the net strengthener does not have an effective mesh opening of less than 6 inches
(15.2 cm), diamond or square mesh, as measured by methods specified in paragraph (f) of this
section. The inside net (as applied to the part of the net specified in paragraph (d)(1)(iv) of this
section) must not be more than 2 ft (61 cm) longer than the outside net, must be the same
circumference or smaller than the smallest circumference of the outside net, and must be the
same mesh configuration (i.e., both square or both diamond mesh) as the outside net.
(6) Gillnet requirements to reduce or prevent marine mammal takes —
(i)

Requirements for gillnet gear capable of catching NE multispecies to reduce harbor porpoise
takes. In addition to the requirements for gillnet fishing identified in this section, all persons
owning or operating vessels in the EEZ that fish with sink gillnet gear and other gillnet gear
capable of catching NE multispecies, with the exception of single pelagic gillnets (as described
in § 648.81(b)(2)(ii) and (d)(5)(ii)), must comply with the applicable provisions of the Harbor
Porpoise Take Reduction Plan found in § 229.33 of this title.

50 CFR 648.80(g)(6)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(g)(6)(ii)

(ii) Requirements for gillnet gear capable of catching NE multispecies to prevent large whale takes.
In addition to the requirements for gillnet fishing identified in this section, all persons owning or
operating vessels in the EEZ that fish with sink gillnet gear and other gillnet gear capable of
catching NE multispecies, with the exception of single pelagic gillnets (as described in §
648.81(b)(2)(ii) and (d)(5)(ii)), must comply with the applicable provisions of the Atlantic Large
Whale Take Reduction Plan found in § 229.32 of this title.
(h) Scallop vessels —
(1) Scallop DAS. Except as provided in paragraphs (h)(2) and (3) of this section, a scallop vessel that
possesses a limited access scallop permit and either a NE multispecies Combination vessel permit
or a scallop/multispecies possession limit permit, and that is fishing under a scallop DAS allocated
under § 648.53, may possess and land up to 300 lb (136.1 kg) of regulated species per trip, provided
that the amount of regulated species on board the vessel does not exceed the trip limits specified in
§ 648.86, and provided the vessel has at least one standard tote on board, unless otherwise
restricted by § 648.86(a)(2).
(2) NE Multispecies DAS. Limited access scallop vessels issued a limited access NE multispecies permit
and fishing under a NE multispecies DAS are subject to the gear restrictions specified in this section
and may possess and land unlimited amounts of regulated species or ocean pout, unless otherwise
restricted by § 648.86. Such vessels may simultaneously fish under a scallop DAS, but are prohibited
from using scallop dredge gear on such trips.
(3) Scallop dredge exemption areas for general category scallop permits —
(i)

GOM Scallop Dredge Exemption Area. Unless otherwise prohibited in § 648.81, § 648.370, or §
648.371, vessels with a limited access scallop permit that have declared out of the DAS
program as specified in § 648.10, or that have used up their DAS allocations, and vessels
issued a General Category scallop permit, may fish in the GOM Regulated Mesh Area specified
in paragraph (a)(1) of this section, when not under a NE multispecies DAS, providing the vessel
fishes in the GOM Scallop Dredge Exemption Area and complies with the requirements
specified in paragraph (h)(3)(iii) of this section. The GOM Scallop Dredge Fishery Exemption
Area is bounded on the west and north by the coastlines of Massachusetts, New Hampshire,
and Maine, bounded on the east by the U.S.-Canada Maritime Boundary, and bounded on the
south by straight lines connecting the following points in the order stated:

GOM SCALLOP DREDGE EXEMPTION AREA
Point

N lat.

W long.

GOM1

43°58′

( 1)

GOM2

43°58′

67°22′

GOM3

43°41′

68°00′

GOM4

43°12′

69°00′

1

The intersection of 43°58′ N lat. and the U.S.-Canada Maritime boundary.

2

The intersection of 42°20′ N lat. and the coastline of Massachusetts.

50 CFR 648.80(h)(3)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

50 CFR 648.80(h)(3)(ii)

N lat.

W long.

GOM5

42°49.5′

69°40′

GOM6

42°20′

69°40′

GOM7

42°20′

( 2)

1

The intersection of 43°58′ N lat. and the U.S.-Canada Maritime boundary.

2

The intersection of 42°20′ N lat. and the coastline of Massachusetts.

(ii) Georges Bank/Southern New England Scallop Dredge Exemption Area. Unless otherwise
prohibited in § 648.81, § 648.370, or § 648.371, vessels issued a LAGC scallop permit,
including limited access scallop permits that have used up their DAS allocations, may fish in
the Georges Bank/Southern New England Scallop Dredge Exemption Area, as defined under
paragraph (h)(3)(ii)(A) of this section, when not under a NE multispecies or scallop DAS or on a
sector trip, provided the vessel complies with the requirements specified in paragraph (h)(3)(iii)
of this section and applicable scallop regulations in subpart D of this part.
(A) Area definition. The Georges Bank/Southern New England dredge exemption area is
bounded on the north by 42°20′ N lat.; bounded on the east by the U.S.-Canada Maritime
boundary and the outer limit of the US EEZ; bounded on the west by 72°30′ W long. from
the outer limit of the US EEZ to the south-facing coastline of Long Island; and bounded on
the northwest by the following points, connected as noted in the order listed:

GB/SNE SCALLOP DREDGE EXEMPTION AREA
Point

N lat.

W long.

Note

1

The southfacing
coastline of
Long Island

72°30′ W

From Point 1 to Point 2 following the coastline of
Long Island.

2

41°00′ N

The southeastfacing coast of Long
Island

From Point 2 to Point 3 following a straight line.

3

41°00′ N

The 3 nautical mile
line, approximately
71°51.841′ W long

From Point 3 to Point 4 following the Submerged
Lands Act (3 nautical mile) line.

4

41°4.25′ N

The 3 nautical mile
line, approximately
71°47.384′ W long

From Point 4 to Point 5 following a straight line.

5

41°15′ N

72°2.25′ W

Point 5 represents Race Point, Fishers Island, NY.
From Point 5 to Point 6 following a straight line
northeasterly through Fishers Island, NY.

50 CFR 648.80(h)(3)(ii)(A) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N lat.

W long.

6

41°18.2′ N

71°51.5′ W

7

42°20′ N

The coastline of
Massachusetts

50 CFR 648.80(h)(3)(ii)(B)

Note
Point 6 represents Watch Hill, RI. From Point 6 to
Point 7 following the coastlines of Rhode Island and
Massachusetts.

(B) [Reserved]
(iii) Requirements.
(A) A vessel fishing in the Scallop Dredge Fishery Exemption Areas specified in paragraphs
(h)(3)(i) and (ii) of this section may not fish for, possess on board, or land any species of
fish other than Atlantic sea scallops and up to 50 lb (23 kg) tail weight or 146 lb (66 kg)
whole weight of monkfish per trip.
(B) The combined dredge width in use by, or in possession on board, vessels fishing in the
Scallop Dredge Fishery Exemption Areas may not exceed 10.5 ft (3.2 m), measured at the
widest point in the bail of the dredge.
(C) The exemption does not apply to the Cashes Ledge Closure Area or the Western GOM
Area Closure specified in § 648.81(a)(3) and (4), respectively.
(i)

State waters winter flounder exemption. Any vessel issued a NE multispecies permit may fish for, possess,
or land winter flounder while fishing with nets of mesh smaller than the minimum size specified in
paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided that:
(1) The vessel has on board a certificate approved by the Regional Administrator and issued by the state
agency authorizing the vessel's participation in the state's winter flounder fishing program and is in
compliance with the applicable state laws pertaining to minimum mesh size for winter flounder.
(2) Fishing is conducted exclusively in the waters of the state from which the certificate was obtained.
(3) The state's winter flounder plan has been approved by the Commission as being in compliance with
the Commission's winter flounder fishery management plan.
(4) The state elects, by a letter to the Regional Administrator, to participate in the exemption program
described by this section (for a particular fishing year).
(5) The vessel does not enter or transit the EEZ.
(6) The vessel does not enter or transit the waters of another state, unless such other state is
participating in the exemption program described by this section and the vessel is enrolled in that
state's program.
(7) The vessel, when not fishing under the DAS program, does not fish for, possess, or land more than
500 lb (226.8 kg) of winter flounder, and has at least one standard tote on board.

50 CFR 648.80(i)(7) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.80(i)(8)

(8) The vessel does not fish for, possess, or land any species of fish other than winter flounder and the
exempted small-mesh species specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of this
section when fishing in the areas specified under paragraphs (a)(5), (a)(9), (b)(10), and (c)(5) of this
section, respectively. Vessels fishing under this exemption in New York and Connecticut state waters
and permitted to fish for skates may also possess and land skates in amounts not to exceed 10
percent, by weight, of all other species on board.
[69 FR 22951, Apr. 27, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.80, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.81 NE multispecies year-round and seasonal closed areas.
(a) Year-round groundfish closed areas —
(1) Restrictions. No fishing vessel or person on a fishing vessel may enter, fish, or be in, and no fishing
gear capable of catching NE multispecies may be used or on board a vessel in, the, Cashes Ledge,
Western Gulf of Maine, or Closed Area II Closure Areas, unless otherwise allowed by or exempted
under this part. Charts of the areas described in this section are available from the Regional
Administrator upon request.
(2) Exemptions. Unless restricted by the requirements of subpart P of this part or elsewhere in this part,
paragraph (a)(1) of this section does not apply to a fishing vessel or person on a fishing vessel when
fishing under the following conditions:
(i)

Fishing with or using exempted gear as defined under this part, except for pelagic gillnet gear
capable of catching NE multispecies, unless fishing with a single pelagic gillnet not longer than
300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches
(7.6 cm), provided that:
(A) The net is attached to the boat and fished in the upper two-thirds of the water column;
(B) The net is marked with the owner's name and vessel identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board;

(ii) Fishing in the Midwater Trawl Gear Exempted Fishery as specified in § 648.80(d);
(iii) Fishing in the Purse Seine Gear Exempted Fishery as specified in § 648.80(e);
(iv) Fishing under charter/party or recreational regulations specified in § 648.89, provided that:
(A) A letter of authorization issued by the Regional Administrator is onboard the vessel, which
is valid from the date of enrollment until the end of the fishing year;
(B) No harvested or possessed fish species managed by the NEFMC or MAFMC are sold or
intended for trade, barter or sale, regardless of where the fish are caught;
(C) Only rod and reel or handline gear is on board the vessel; and

50 CFR 648.81(a)(2)(iv)(C) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(a)(2)(iv)(D)

(D) No NE multispecies DAS are used during the entire period for which the letter of
authorization is valid.
(3) Cashes Ledge Closure Area. The Cashes Ledge Closure Area is defined by straight lines connecting
the following points in the order stated:

CASHES LEDGE CLOSURE AREA
Point

N lat.

W long.

CL1

43°07′ N

69°02′ W

CL2

42°49.5′ N

68°46′ W

CL3

42°46.5′ N

68°50.5′ W

CL4

42°43.5′ N

68°58.5′ W

CL5

42°42.5′ N

69°17.5′ W

CL6

42°49.5′ N

69°26′ W

CL1

43°07′ N

69°02′ W

(4) Western Gulf of Maine Closure Area. The Western Gulf of Maine Closure Area is defined by straight
lines connecting the following points in the order stated:

WESTERN GULF OF MAINE CLOSURE AREA
Point

N latitude

W longitude

WGM1

43°15′

70°15′

WGM2

42°15′

70°15′

WGM3

42°15′

70°00′

WGM4

43°15′

70°00′

WGM1

43°15′

70°15′

(5) Closed Area II Closure Area.

50 CFR 648.81(a)(5) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

(i)

50 CFR 648.81(a)(5)(i)

The Closed Area II Closure Area is defined by straight lines, unless otherwise noted, connecting
the following points in the order stated:

CLOSED AREA II CLOSURE AREA
Point

N lat.

W long.

Note

CAII1

41°00′

67°20′

CAII2

41°00′

66°35.8′

CAII3

41°18.45′

( 1)

( 2)

CAII4

( 3)

67°20′

( 2)

CAII5

42°22′

67°20′

CAII1

41°00′

67°20′

1

The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′
N lat. and 66°24.89′ W long.
2

From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary.

3

The intersection of 67°20′ W long. And the U.S.-Canada Maritime Boundary, approximately 42°22.06′
N lat. and 67°20′ W long.

(ii) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section,
paragraph (a)(5)(i) of this section does not apply to persons on fishing vessels or fishing
vessels—
(A) Fishing with gears as described in paragraph (a)(2) this section.
(B) Fishing with tuna purse seine gear outside of the portion of Closed Area II known as the
Habitat Area of Particular Concern, as described in § 648.370(g).
(C) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the Eastern U.S./Canada Haddock
SAP Program as specified in § 648.85(b)(3)(ii) or (b)(7)(ii), respectively.
(D) Transiting the area, provided the vessel's fishing gear is stowed and not available for
immediate use as defined in § 648.2; and
(1) The operator has determined, and a preponderance of available evidence indicates,
that there is a compelling safety reason; or
(2) The vessel has declared into the Eastern U.S./Canada Area as specified in §
648.85(a)(3)(ii) and is transiting CA II in accordance with the provisions of §
648.85(a)(3)(vii).
(E) Fishing for scallops within the Closed Area II Access Area defined in § 648.59(c)(3), during
the season specified in § 648.59(c)(4), and pursuant to the provisions specified in §
648.60.
(b) Gulf of Maine spawning groundfish closures —

50 CFR 648.81(b) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(b)(1)

(1) Restrictions. Unless allowed in this part, no fishing vessel or person on a fishing vessel may enter,
fish, or be in, and no fishing gear capable of catching NE multispecies may be used or on board a
vessel in, the spawning closure areas described in paragraphs (b)(3) and (4) of this section, during
the times specified in this section. Charts depicting the areas defined here are available from the RA
upon request.
(2) Exemptions. Paragraph (b)(1) of this section does not apply to a fishing vessel or person on a fishing
vessel:
(i)

That has not been issued a NE multispecies permit that is fishing exclusively in state waters;

(ii) That is fishing with or using exempted gear as defined under this part, excluding pelagic gillnet
gear capable of catching NE multispecies, except for a vessel fishing with a single pelagic
gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum
mesh size of 3 inches (7.6 cm), provided:
(A) The net is attached to the vessel and fished in the upper two-thirds of the water column;
(B) The net is marked with the vessel owner's name and vessel identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board;
(iii) That is fishing as a charter/party or recreational fishing vessel, provided that:
(A) With the exception of tuna, fish harvested or possessed by the vessel are not sold or
intended for trade, barter, or sale, regardless of where the species are caught;
(B) Any gear other than pelagic hook and line gear, as defined in this part, is properly stowed
and not available for immediate use as defined in § 648.2; and
(C) No regulated species or ocean pout are retained; and
(iv) That is transiting pursuant to paragraph (e) of this section.
(3) GOM Cod Spawning Protection Area. Except as specified in paragraph (b)(2) of this section, from
April through June of each year, no fishing vessel or person on a fishing vessel may enter, fish, or be
in, and no fishing gear capable of catching NE multispecies may be used or on board a vessel in, the
GOM Cod Spawning Protection Area, as defined by straight lines connecting the following points in
the order stated:

GOM COD SPAWNING PROTECTION AREA
Point

N latitude

W longitude

CSPA1

42°50.95′

70°32.22′

CSPA2

42°47.65′

70°35.64′

CSPA3

42°54.91′

70°41.88′

CSPA4

42°58.27′

70°38.64′

50 CFR 648.81(b)(3) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
CSPA1

50 CFR 648.81(b)(4)

N latitude

W longitude

42°50.95′

70°32.22′

(4) Winter Massachusetts Bay Spawning Protection Area. Except as specified in paragraph (b)(2) of this
section, from November 1 through January 31 of each year, no fishing vessel or person on a fishing
vessel may enter, fish, or be in, and no fishing gear capable of catching NE multispecies may be used
or be on board a vessel in, the Massachusetts Bay Protection Area, as defined on the west and south
by the outer limit of Massachusetts waters and on the northeast by a straight line connecting the
following points, which fall along the Massachusetts state waters boundary:

WINTER MASSACHUSETTS BAY SPAWNING PROTECTION AREA
Point

N latitude

W longitude

WSPA1

42° 23.61′

70° 39.21′

WSPA2

42° 07.68′

70° 26.79′

(5) Spring Massachusetts Bay Spawning Protection Area.
(i)

From April 15 through April 30 of each year, no fishing vessel or person on a fishing vessel may
enter, fish, or be in, and no fishing gear capable of catching NE multispecies may be used or on
board a vessel in the thirty-minute block defined by straight lines, unless otherwise noted,
connecting the following points in the order stated:

SPRING MASSACHUSETTS BAY SPAWNING PROTECTION AREA
Point

N latitude

W longitude

SSPA1

42°30′

( 1)

SSPA2

42°30′

70°30′

SSPA3

42°00′

70°30′

Note

1

The intersection of 42°30′ N lat. and the coastline at Marblehead, MA.

2

The intersection of 42°00′ N lat. and the coastline at Kingston, MA.

3

From Point SSPA4 to Point SSPA5 following the coastline of Massachusetts.

4

The intersection of 71°00′ W long. and the coastline at Quincy, MA.

5

The intersection of 71°00′ W long. and the northernmost coastline at East Boston, Boston, MA.

6

From Point SSPA6 back to Point SSPA 1 following the coastline of Massachusetts.

50 CFR 648.81(b)(5)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N latitude

50 CFR 648.81(b)(5)(ii)

W longitude
2

Note

SSPA4

42°00′

( )

( 3)

SSPA5

( 4)

71°00′

( 3)

SSPA6

( 5)

71°00′

( 6)

SSPA1

42°30′

( 1)

( 6)

1

The intersection of 42°30′ N lat. and the coastline at Marblehead, MA.

2

The intersection of 42°00′ N lat. and the coastline at Kingston, MA.

3

From Point SSPA4 to Point SSPA5 following the coastline of Massachusetts.

4

The intersection of 71°00′ W long. and the coastline at Quincy, MA.

5

The intersection of 71°00′ W long. and the northernmost coastline at East Boston, Boston, MA.

6

From Point SSPA6 back to Point SSPA 1 following the coastline of Massachusetts.

(ii) Unless otherwise restricted in this part, the Spring Massachusetts Bay Spawning Protection
Area closure does not apply to a fishing vessel or person on a fishing vessel that meets the
criteria in paragraphs (d)(5)(ii) through (vi) and (x) of this section (listed under the exemptions
for the GOM Cod Protection Closures). This includes recreational vessels meeting the criteria
specified in paragraphs (d)(5)(v)(A) through (D) of this section.
(c) Georges Bank Spawning Groundfish Closures —
(1) Restrictions. Unless otherwise allowed in this part, no fishing vessel or person on a fishing vessel
may enter, fish, or be in, and no fishing gear capable of catching NE multispecies may be used on
board a vessel in the spawning closure areas described in paragraphs (b)(3) and (4) of this section,
and during the times specified in this section. Charts depicting the areas defined here are available
from the RA upon request.
(2) Exemptions. Paragraph (c)(1) of this section does not apply to a fishing vessel or person on a fishing
vessel:
(i)

That is fishing with or using exempted gear as defined under this part, excluding pelagic gillnet
gear capable of catching NE multispecies, except for vessels fishing with a single pelagic
gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum
mesh size of 3 inches (7.6 cm), provided:
(A) The net is attached to the vessel and fished in the upper two-thirds of the water column;
(B) The net is marked with the vessel owner's name and vessel identification number;
(C) No regulated species or ocean pout are retained; and
(D) No other gear capable of catching NE multispecies is on board.

(ii) That is fishing for scallops consistent with the requirements of the scallop fishery management
plan, including rotational access program requirements specified in § 648.59.
(iii) That is fishing in the mid-water trawl exempted fishery.
(iv) That is transiting pursuant to the requirements described in § 648.2.
50 CFR 648.81(c)(2)(iv) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(c)(3)

(3) Closed Area I North. Except as specified in paragraph (c)(2) of this section, from February 1 through
April 15 of each year, no fishing vessel or person on a fishing vessel may enter, fish, or be in; and no
fishing gear capable of catching NE multispecies may be used or on board a vessel in, Closed Area I
North, as defined by straight lines connecting the following points in the order stated:

CLOSED AREA I—NORTH
Point

N lat.

W long.

CIN1

41°30′

69°23′

CIN2

41°30′

68°30′

CIN3

41°26′

68°30′

CIN4

41°04′

69°01′

CIN1

41°30′

69°23′

(4) Closed Area II. Except as specified in paragraph (c)(2) of this section, from February 1 through April
15 of each year, no fishing vessel or person on a fishing vessel may enter, fish, or be in, and no
fishing gear capable of catching NE multispecies may be used or on board a vessel in, Closed Area
II, as defined by straight lines, unless otherwise noted, connecting the following points in the order
stated:

CLOSED AREA II
Point

N lat.

W long.

Note

CAII1

41°00′

67°20′

CAII2

41°00′

66°35.8′

CAII3

41°18.45

( 1)

( 2)

CAII4

( 3)

67°20′

( 2)

CAII5

42°22′

67°20′

CAII1

41°00′

67°20′

1

The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′
N lat. and 66°24.89′ W long.
2

From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary.

3

The intersection of 67°20′ W long. and the U.S.-Canada Maritime Boundary, approximately 42°22.06′
N lat. and 67°20′ W long.

(d) GOM Cod Protection Closures —

50 CFR 648.81(d) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(d)(1)

(1) Restrictions. Unless otherwise allowed in this part, no fishing vessel or person on a fishing vessel
may enter, fish, or be in, and no fishing gear capable of catching NE multispecies may be used or on
board a vessel in, GOM Cod Protection Closures I through V as described, and during the times
specified, in paragraphs (d)(4)(i) through (v) of this section.
(2) Review of closure. The New England Fishery Management Council shall review the GOM Cod
Protection Closures Areas specified in this section when the spawning stock biomass for GOM cod
reaches the minimum biomass threshold specified for the stock (50 percent of SSBMSY).
(3) Seasons.
(i)

GOM Cod Protection Closure I is in effect from May 1 through May 31.

(ii) GOM Cod Protection Closure II is in effect from June 1 through June 30.
(iii) GOM Cod Protection Closure III is in effect from November 1 through January 31.
(iv) GOM Cod Protection Closure IV is in effect from October 1 through October 31.
(v) GOM Cod Protection Closure V is in effect from March 1 through March 31.
(4) GOM Cod Protection Closure Areas. Charts depicting these areas are available from the Regional
Administrator upon request.
(i)

GOM Cod Protection Closure I. GOM Cod Protection Closure I is the area bounded by the
following coordinates connected in the order stated by straight lines, unless otherwise noted:

GOM COD PROTECTION CLOSURE I
[MAY 1-MAY 31]
Point

N latitude

W longitude

CPCI 1

43°30′ N

( 1)

CPCI 2

43°30′ N

69°30′ W

CPCI 3

43°00′ N

69°30′ W

CPCI 4

43°00′ N

70°00′ W

CPCI 5

42°30′ N

70°00′ W

CPCI 6

42°30′ N

70°30′ W

CPCI 7

42°20′ N

70°30′ W

CPCI 8

42°20′ N

( 2) ( 3)

1

The intersection of 43°30′ N latitude and the coastline of Maine.

2

The intersection of 42°20′ N latitude and the coastline of Massachusetts.

3

From Point 8 back to Point 1 following the coastline of the United States.

50 CFR 648.81(d)(4)(i) (enhanced display)

page 47 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
CPCI 1

50 CFR 648.81(d)(4)(ii)

N latitude

W longitude
1

43°30′ N

3

( )( )

1

The intersection of 43°30′ N latitude and the coastline of Maine.

2

The intersection of 42°20′ N latitude and the coastline of Massachusetts.

3

From Point 8 back to Point 1 following the coastline of the United States.

(ii) GOM Cod Protection Closure II. GOM Cod Protection Closure II is the area bounded by the
following coordinates connected in the order stated by straight lines, unless otherwise noted:

GOM COD PROTECTION CLOSURE II
[JUNE 1-JUNE 30]
Point

N latitude

W longitude

CPCII 1

(1)

69°30′ W

CPCII 2

43°30′ N

69°30′ W

CPCII 3

43°30′ N

70°00′ W

CPCII 4

42°30′ N

70°00′ W

CPCII 5

42°30′ N

70°30′ W

CPCII 6

42°20′ N

70°30′ W

CPCII 7

42°20′ N

(2)(3)

CPCII 8

42°30′ N

((4))(3)

CPCII 9

42°30′ N

70°30′ W

CPCII 10

43°00′ N

70°30′ W

CPCII 11

43°00′ N

( 5) ( 6)

1

The intersection of 69°30′ W longitude and the coastline of Maine.

2

The intersection of 42°20′ N latitude and the coastline of Massachusetts.

3

From Point 7 to Point 8 following the coastline of Massachusetts.

4

The intersection of 42°30′ N latitude and the coastline of Massachusetts.

5

The intersection of 43°00′ N latitude and the coastline of New Hampshire.

6

From Point 11 back to Point 1 following the coastlines of New Hampshire and Maine.

50 CFR 648.81(d)(4)(ii) (enhanced display)

page 48 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

50 CFR 648.81(d)(4)(iii)

N latitude
1

CPCII 1

W longitude
6

( )

69°30′ W ( )

1

The intersection of 69°30′ W longitude and the coastline of Maine.

2

The intersection of 42°20′ N latitude and the coastline of Massachusetts.

3

From Point 7 to Point 8 following the coastline of Massachusetts.

4

The intersection of 42°30′ N latitude and the coastline of Massachusetts.

5

The intersection of 43°00′ N latitude and the coastline of New Hampshire.

6

From Point 11 back to Point 1 following the coastlines of New Hampshire and Maine.

(iii) GOM Cod Protection Closure III. GOM Cod Protection Closure III is the area bounded by the
following coordinates connected in the order stated by straight lines, unless otherwise noted:

GOM COD PROTECTION CLOSURE III
[NOVEMBER 1-JANUARY 31]
Point

N latitude

W longitude

CPCIII 1

42°30′ N

( 1)

CPCIII 2

42°30′ N

70°30′ W

CPCIII 3

42°15′ N

70°30′ W

CPCIII 4

42°15′ N

70°24′ W

CPCIII 5

42°00′ N

70°24′ W

CPCIII 6

42°00′ N

( 2) ( 3)

1

The intersection of 42°30′ N latitude and the Massachusetts coastline.

2

The intersection of 42°00′ N latitude and the mainland Massachusetts coastline at Kingston, MA.

3

From Point 6 back to Point 1 following the coastline of Massachusetts.

50 CFR 648.81(d)(4)(iii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

50 CFR 648.81(d)(4)(iv)

N latitude

CPCIII 1

W longitude
1

42°30′ N

3

( )( )

1

The intersection of 42°30′ N latitude and the Massachusetts coastline.

2

The intersection of 42°00′ N latitude and the mainland Massachusetts coastline at Kingston, MA.

3

From Point 6 back to Point 1 following the coastline of Massachusetts.

(iv) GOM Cod Protection Closure IV. GOM Cod Protection Closure IV is the area bounded by the
following coordinates connected in the order stated by straight lines, unless otherwise noted:

GOM COD PROTECTION CLOSURE IV
[OCTOBER 1-OCTOBER 31]
Point

N latitude

W longitude

CPCIV 1

42°30′ N

( 1)

CPCIV 2

42°30′ N

70°00′ W

CPCIV 3

42°00′ N

70°00′ W

CPCIV 4

42°00′ N

(2) (3)

CPCIV 1

42°30′ N

(1) (3)

1

The intersection of 42°30′ N latitude and the Massachusetts coastline.

2

The intersection of 42°00′ N latitude and the mainland Massachusetts coastline at Kingston, MA.

3

From Point 4 back to Point 1 following the coastline of Massachusetts.

(v) GOM Cod Protection Closure V. GOM Cod Protection Closure V is the area bounded by the
following coordinates connected in the order stated by straight lines:

GOM COD PROTECTION CLOSURE V
[MARCH 1-MARCH 31]
Point

N latitude

W longitude

CPCV 1

42°30′ N

70°00′ W

CPCV 2

42°30′ N

68°30′ W

CPCV 3

42°00′ N

68°30′ W

CPCV 4

42°00′ N

70°00′ W

50 CFR 648.81(d)(4)(v) (enhanced display)

page 50 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
CPCV 1

50 CFR 648.81(d)(5)

N latitude
42°30′ N

W longitude
70°00′ W

(5) Exemptions. The GOM cod protection closures specified in this section do not apply to a fishing
vessel or person on board a fishing vessel under any of the following conditions:
(i)

No multispecies permit has been issued and the vessel is fishing exclusively in state waters;

(ii) Fishing with or using exempted gear as defined under this part, except for pelagic gillnet gear
capable of catching NE multispecies, unless fishing with a single pelagic gillnet not longer than
300 ft (91.4 m) and not greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches
(7.6 cm), provided that:
(A) The net is attached to the boat and fished in the upper two-thirds of the water column;
(B) The net is marked with the owner's name and vessel identification number;
(C) No regulated species are retained; and
(D) No other gear capable of catching NE multispecies is on board;
(iii) Fishing in the Midwater Trawl Gear Exempted Fishery as specified in § 648.80(d);
(iv) Fishing in the Purse Seine Gear Exempted Fishery as specified in § 648.80(e);
(v) Fishing under charter/party or recreational regulations specified in § 648.89, provided that:
(A) A vessel fishing under charter/party regulations in a GOM cod protection closure
described under paragraph (f)(4) of this section, has on board a letter of authorization
issued by the Regional Administrator that is valid from the date of enrollment through the
duration of the closure or 3 months duration, whichever is greater;
(B) No harvested or possessed fish species managed by the NEFMC or MAFMC are sold or
intended for trade, barter or sale, regardless of where the fish are caught;
(C) Only rod and reel or handline gear is on board; and
(D) No NE multispecies DAS are used during the entire period for which the letter of
authorization is valid;
(vi) Fishing with scallop dredge gear under a scallop DAS or when lawfully fishing in the Scallop
Dredge Fishery Exemption Area as described in § 648.80(a)(11), provided the vessel does not
retain any regulated NE multispecies during a trip, or on any part of a trip;
(vii) Fishing in the Raised Footrope Trawl Exempted Whiting Fishery, as specified in § 648.80(a)(15),
or in the Small Mesh Area II Exemption Area, as specified in § 648.80(a)(9);
(viii) Fishing on a sector trip, as defined in this part, and in the GOM Cod Protection Closures IV or V,
as specified in paragraphs (f)(4)(iv) and (v) of this section; or

50 CFR 648.81(d)(5)(viii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(d)(5)(ix)

(ix) Fishing under the provisions of a Northeast multispecies Handgear A permit, as specified at §
648.82(b)(6), and in the GOM Cod Protection Closures IV or V, as specified in paragraphs
(f)(4)(iv) and (v) of this section.
(x) Transiting the area, provided it complies with the requirements specified in paragraph (e) of this
section.
(e) Transiting.
(1) Unless otherwise restricted or specified in this paragraph (e), a vessel may transit the Cashes Ledge
Closed Area, the Western GOM Closure Area, the GOM Cod Protection Closures, and the GOM Cod
Spawning Protection Area, as defined in paragraphs (a)(3) and (4), (d)(4), and (b)(3), of this section,
respectively, provided that its gear is stowed and not available for immediate use as defined in §
648.2.
(2) Private recreational or charter/party vessels fishing under the Northeast multispecies provisions
specified at § 648.89 may transit the GOM Cod Spawning Protection Area, as defined in paragraph
(b)(3) of this section, provided all bait and hooks are removed from fishing rods, and any regulated
species on board have been caught outside the GOM Cod Spawning Protection Area and has been
gutted and stored.
(f) Restricted Gear Areas —
(1) Restricted Gear Area Seasons. No fishing vessel with mobile gear on board, or person on a fishing
vessel with mobile gear on board, may fish or be in the specified Restricted Gear Areas, unless
transiting, during the seasons below. No fishing vessel with lobster pot gear on board, or person on a
fishing vessel with lobster pot gear on board, may fish in, and no lobster pot gear may be deployed or
remain in the specified Restricted Gear Areas. Vessels with lobster pot gear on board may transit
during the seasons listed in the table in this paragraph (f)(1).

Mobile gear

Lobster pot gear

Restricted Gear Area I

October 1-June 15

June 16-September 30.

Restricted Gear Area II

November 27-June 15

June 16-November 26.

Restricted Gear Area III

June 16-November 26

January 1-April 30.

Restricted Gear Area IV

June 16-September 30

n/a.

(2) Transiting. Vessels with mobile gear may transit this area, provided that all mobile gear is on board
the vessel while inside the area, and is stowed and not available for immediate use as defined in §
648.2.

50 CFR 648.81(f)(2) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.81(f)(3)

(3) Restricted Gear Area I. Restricted Gear Area I is defined by the following points connected in the
order listed by straight lines (points followed by an asterisk are shared with an adjacent Restricted
Gear Area):

Point

Latitude

Longitude

Note

AA

40°02.75′ N

70°16.10′ W

(*)

AB

40°02.45′ N

70°14.10′ W

(*)

AC

40°05.20′ N

70°10.90′ W

(*)

AD

40°03.75′ N

70°10.15′ W

(*)

AE

40°00.70′ N

70°08.70′ W

(*)

AF

39°59.20′ N

70°04.90′ W

(*)

AG

39°58.25′ N

70°03.00′ W

(*)

AH

39°56.90′ N

69°57.45′ W

(*)

AI

39°57.40′ N

69°55.90′ W

(*)

AJ

39°57.55′ N

69°54.05′ W

(*)

AK

39°56.70′ N

69°53.60′ W

(*)

AL

39°55.75′ N

69°41.40′ W

(*)

AM

39°56.20′ N

69°40.20′ W

(*)

AN

39°58.80′ N

69°38.45′ W

(*)

AO

39°59.15′ N

69°37.30′ W

(*)

AP

40°00.90′ N

69°37.30′ W

(*)

AQ

40°00.65′ N

69°36.50′ W

(*)

AR

39°57.85′ N

69°35.15′ W

(*)

AS

39°56.80′ N

69°34.10′ W

(*)

AT

39°56.50′ N

69°26.35′ W

(*)

AU

39°56.75′ N

69°24.40′ W

(*)

AV

39°57.80′ N

69°20.35′ W

(*)

AW

40°00.05′ N

69°14.60′ W

(*)

AX

40°02.65′ N

69°11.15′ W

(*)

AY

40°02.00′ N

69°08.35′ W

(*)

AZ

40°02.65′ N

69°05.60′ W

(*)

BA

40°04.10′ N

69°03.90′ W

(*)

BB

40°05.65′ N

69°03.55′ W

(*)

BC

40°08.45′ N

69°03.60′ W

(*)

BD

40°09.75′ N

69°04.15′ W

(*)

BE

40°10.25′ N

69°04.40′ W

(*)

BF

40°11.60′ N

69°05.40′ W

(*)

BG

40°11.00′ N

69°03.80′ W

(*)

BH

40°08.90′ N

69°01.75′ W

(*)

BI

40°05.30′ N

69°01.10′ W

(*)

BJ

40°05.20′ N

69°00.50′ W

(*)

50 CFR 648.81(f)(3) (enhanced display)

page 53 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

Latitude

50 CFR 648.81(f)(3)

Longitude

Note

BK

40°04.35′ N

69°00.50′ W

(*)

BL

40°03.65′ N

69°00.00′ W

(*)

BM

40°03.60′ N

68°57.20′ W

(*)

BN

40°05.70′ N

68°52.40′ W

(*)

BO

40°08.10′ N

68°51.00′ W

(*)

BP

40°08.70′ N

68°49.60′ W

(*)

BQ

40°06.90′ N

68°46.50′ W

(*)

BR

40°07.20′ N

68°38.40′ W

(*)

BS

40°07.90′ N

68°36.00′ W

(*)

BT

40°06.40′ N

68°35.80′ W

BU

40°05.25′ N

68°39.30′ W

BV

40°05.40′ N

68°44.50′ W

BW

40°06.00′ N

68°46.50′ W

BX

40°07.40′ N

68°49.60′ W

BY

40°05.55′ N

68°49.80′ W

BZ

40°03.90′ N

68°51.70′ W

CA

40°02.25′ N

68°55.40′ W

CB

40°02.60′ N

69°00.00′ W

CC

40°02.75′ N

69°00.75′ W

CD

40°04.20′ N

69°01.75′ W

CE

40°06.15′ N

69°01.95′ W

CF

40°07.25′ N

69°02.00′ W

CG

40°08.50′ N

69°02.25′ W

CH

40°09.20′ N

69°02.95′ W

CI

40°09.75′ N

69°03.30′ W

CJ

40°09.55′ N

69°03.85′ W

CK

40°08.40′ N

69°03.40′ W

CL

40°07.20′ N

69°03.30′ W

CM

40°06.00′ N

69°03.10′ W

CN

40°05.40′ N

69°03.05′ W

CO

40°04.80′ N

69°03.05′ W

CP

40°03.55′ N

69°03.55′ W

CQ

40°01.90′ N

69°03.95′ W

CR

40°01.00′ N

69°04.40′ W

CS

39°59.90′ N

69°06.25′ W

CT

40°00.60′ N

69°10.05′ W

CU

39°59.25′ N

69°11.15′ W

CV

39°57.45′ N

69°16.05′ W

CW

39°56.10′ N

69°20.10′ W

50 CFR 648.81(f)(3) (enhanced display)

page 54 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

Latitude

50 CFR 648.81(f)(3)

Longitude

CX

39°54.60′ N

69°25.65′ W

CY

39°54.65′ N

69°26.90′ W

CZ

39°54.80′ N

69°30.95′ W

DA

39°54.35′ N

69°33.40′ W

DB

39°55.00′ N

69°34.90′ W

DC

39°56.55′ N

69°36.00′ W

DD

39°57.95′ N

69°36.45′ W

DE

39°58.75′ N

69°36.30′ W

DF

39°58.80′ N

69°36.95′ W

DG

39°57.95′ N

69°38.10′ W

DH

39°54.50′ N

69°38.25′ W

DI

39°53.60′ N

69°46.50′ W

DJ

39°54.70′ N

69°50.00′ W

DK

39°55.25′ N

69°51.40′ W

DL

39°55.20′ N

69°53.10′ W

DM

39°54.85′ N

69°53.90′ W

DN

39°55.70′ N

69°54.90′ W

DO

39°56.15′ N

69°55.35′ W

DP

39°56.05′ N

69°56.25′ W

DQ

39°55.30′ N

69°57.10′ W

DR

39°54.80′ N

69°58.60′ W

DS

39°56.05′ N

70°00.65′ W

DT

39°55.30′ N

70°02.95′ W

DU

39°56.90′ N

70°11.30′ W

DV

39°58.90′ N

70°11.50′ W

DW

39°59.60′ N

70°11.10′ W

DX

40°01.35′ N

70°11.20′ W

DY

40°02.60′ N

70°12.00′ W

DZ

40°00.40′ N

70°12.30′ W

EA

39°59.75′ N

70°13.05′ W

EB

39°59.30′ N

70°14.00′ W

50 CFR 648.81(f)(3) (enhanced display)

Note

(*)

page 55 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
AA

Latitude
40°02.75′ N

50 CFR 648.81(f)(4)

Longitude

Note

70°16.10′ W

(*)

(4) Restricted Gear Area II. Restricted Gear Area II is defined by the following points connected in the
order listed by straight lines (points followed by an asterisk are shared with an adjacent Restricted
Gear Area):

Point

N latitude

W longitude

Note

AA

40°02.75′

70°16.10′

(*)

EB

39°59.30′

70°14.00′

(*)

EC

39°58.85′

70°15.20′

ED

39°59.30′

70°18.40′

EE

39°58.10′

70°19.40′

EF

39°57.00′

70°19.85′

EG

39°57.55′

70°21.25′

EH

39°57.50′

70°22.80′

EI

39°57.10′

70°25.40′

EJ

39°57.65′

70°27.05′

EK

39°58.58′

70°27.70′

EL

40°00.65′

70°28.80′

EM

40°02.20′

70°29.15′

EN

40°01.00′

70°30.20′

EO

39°58.58′

70°31.85′

EP

39°57.05′

70°34.35′

EQ

39°56.42′

70°36.80′

ER

39°58.15′

70°48.00′

ES

39°58.30′

70°51.10′

ET

39°58.10′

70°52.25′

EU

39°58.05′

70°53.55′

EV

39°58.40′

70°59.60′

EW

39°59.80′

71°01.05′

EX

39°58.20′

71°05.85′

EY

39°57.45′

71°12.15′

EZ

39°57.20′

71°15.00′

FA

39°56.30′

71°18.95′

FB

39°51.40′

71°36.10′

FC

39°51.75′

71°41.50′

FD

39°50.05′

71°42.50′

50 CFR 648.81(f)(4) (enhanced display)

page 56 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N latitude

50 CFR 648.81(f)(4)

W longitude

Note

FE

39°50.00′

71°45.00′

FF

39°48.95′

71°46.05′

FG

39°46.60′

71°46.10′

FH

39°43.50′

71°49.40′

FI

39°41.30′

71°55.00′

FJ

39°39.00′

71°55.60′

FK

39°36.72′

71°58.25′

FL

39°35.15′

71°58.55′

FM

39°34.50′

72°00.75′

FN

39°32.20′

72°02.25′

FO

39°32.15′

72°04.10′

FP

39°28.50′

72°06.50′

FQ

39°29.00′

72°09.25′

FR

39°29.75′

72°09.80′

(*)

FS

39°32.65′

72°06.10′

(*)

FT

39°35.45′

72°02.00′

(*)

FU

39°41.15′

71°57.10′

(*)

FV

39°46.95′

71°49.00′

(*)

FW

39°53.10′

71°42.70′

(*)

FX

39°52.60′

71°40.35′

(*)

FY

39°53.10′

71°36.10′

(*)

FZ

39°57.50′

71°20.60′

(*)

GA

40°00.70′

71°19.80′

(*)

GB

39°59.30′

71°18.40′

(*)

GC

40°02.00′

71°01.30′

(*)

GD

40°00.50′

70°57.60′

(*)

GE

40°00.10′

70°45.10′

(*)

GF

39°58.90′

70°38.65′

(*)

GG

39°59.15′

70°34.45′

(*)

GH

40°00.55′

70°32.10′

(*)

GI

40°03.85′

70°28.75′

(*)

GJ

39°59.75′

70°25.50′

(*)

GK

39°59.80′

70°21.75′

(*)

GL

40°00.70′

70°18.60′

(*)

50 CFR 648.81(f)(4) (enhanced display)

page 57 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N latitude

AA

50 CFR 648.81(f)(5)

W longitude

40°02.75′

Note
70°16.10′

(*)

(5) Restricted Gear Area III. Restricted Gear Area III is defined by the following points connected in the
order listed by straight lines (points followed by an asterisk are shared with an adjacent Restricted
Gear Area):

Point

Latitude

Longitude

Note

AA

40°02.75′ N

70°16.10′ W

(*)

GL

40°00.70′ N

70°18.60′ W

(*)

GK

39°59.80′ N

70°21.75′ W

(*)

GJ

39°59.75′ N

70°25.50′ W

(*)

GI

40°03.85′ N

70°28.75′ W

(*)

GH

40°00.55′ N

70°32.10′ W

(*)

GG

39°59.15′ N

70°34.45′ W

(*)

GF

39°58.90′ N

70°38.65′ W

(*)

GE

40°00.10′ N

70°45.10′ W

(*)

GD

40°00.50′ N

70°57.60′ W

(*)

GC

40°02.00′ N

71°01.30′ W

(*)

GB

39°59.30′ N

71°18.40′ W

(*)

GA

40°00.70′ N

71°19.80′ W

(*)

FZ

39°57.50′ N

71°20.60′ W

(*)

FY

39°53.10′ N

71°36.10′ W

(*)

FX

39°52.60′ N

71°40.35′ W

(*)

FW

39°53.10′ N

71°42.70′ W

(*)

FV

39°46.95′ N

71°49.00′ W

(*)

FU

39°41.15′ N

71°57.10′ W

(*)

FT

39°35.45′ N

72°02.00′ W

(*)

FS

39°32.65′ N

72°06.10′ W

(*)

FR

39°29.75′ N

72°09.80′ W

(*)

GM

39°33.65′ N

72°15.00′ W

GN

39°47.20′ N

72°01.60′ W

GO

39°53.75′ N

71°52.25′ W

GP

39°55.85′ N

71°45.00′ W

GQ

39°55.60′ N

71°41.20′ W

GR

39°57.90′ N

71°28.70′ W

GS

40°10.70′ N

71°10.25′ W

GT

40°12.75′ N

70°55.05′ W

50 CFR 648.81(f)(5) (enhanced display)

page 58 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

Latitude

50 CFR 648.81(f)(6)

Longitude

GU

40°11.05′ N

70°45.80′ W

GV

40°06.50′ N

70°40.05′ W

GW

40°05.60′ N

70°17.70′ W

AA

40°02.75′ N

70°16.10′ W

Note

(*)

(6) Restricted Gear Area IV. Restricted Gear Area IV is defined by the following points connected in the
order listed by straight lines (points followed by an asterisk are shared with an adjacent Restricted
Gear Area):

Point

Latitude

Longitude

Note

AA

40°02.75′ N

70°16.10′ W

GX

40°07.80′ N

70°09.20′ W

GY

40°07.60′ N

70°04.50′ W

GZ

40°02.10′ N

69°45.00′ W

HA

40°01.30′ N

69°45.00′ W

HB

40°00.50′ N

69°38.80′ W

HC

40°01.70′ N

69°37.40′ W

HD

40°01.70′ N

69°35.40′ W

HE

40°00.40′ N

69°35.20′ W

HF

39°57.30′ N

69°25.10′ W

HG

40°05.50′ N

69°09.00′ W

HH

40°14.30′ N

69°05.80′ W

HI

40°14.00′ N

69°04.70′ W

HJ

40°11.60′ N

68°53.00′ W

HK

40°13.60′ N

68°40.60′ W

BS

40°07.90′ N

68°36.00′ W

(*)

BR

40°07.20′ N

68°38.40′ W

(*)

BQ

40°06.90′ N

68°46.50′ W

(*)

BP

40°08.70′ N

68°49.60′ W

(*)

BO

40°08.10′ N

68°51.00′ W

(*)

BN

40°05.70′ N

68°52.40′ W

(*)

BM

40°03.60′ N

68°57.20′ W

(*)

BL

40°03.65′ N

69°00.00′ W

(*)

BK

40°04.35′ N

69°00.50′ W

(*)

BJ

40°05.20′ N

69°00.50′ W

(*)

BI

40°05.30′ N

69°01.10′ W

(*)

BH

40°08.90′ N

69°01.75′ W

(*)

50 CFR 648.81(f)(6) (enhanced display)

(*)

page 59 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

Latitude

50 CFR 648.81(f)(6)

Longitude

Note

BG

40°11.00′ N

69°03.80′ W

(*)

BF

40°11.60′ N

69°05.40′ W

(*)

BE

40°10.25′ N

69°04.40′ W

(*)

BD

40°09.75′ N

69°04.15′ W

(*)

BC

40°08.45′ N

69°03.60′ W

(*)

BB

40°05.65′ N

69°03.55′ W

(*)

BA

40°04.10′ N

69°03.90′ W

(*)

AZ

40°02.65′ N

69°05.60′ W

(*)

AY

40°02.00′ N

69°08.35′ W

(*)

AX

40°02.65′ N

69°11.15′ W

(*)

AW

40°00.05′ N

69°14.60′ W

(*)

AV

39°57.80′ N

69°20.35′ W

(*)

AU

39°56.75′ N

69°24.40′ W

(*)

AT

39°56.50′ N

69°26.35′ W

(*)

AS

39°56.80′ N

69°34.10′ W

(*)

AR

39°57.85′ N

69°35.15′ W

(*)

AQ

40°00.65′ N

69°36.50′ W

(*)

AP

40°00.90′ N

69°37.30′ W

(*)

AO

39°59.15′ N

69°37.30′ W

(*)

AN

39°58.80′ N

69°38.45′ W

(*)

AM

39°56.20′ N

69°40.20′ W

(*)

AL

39°55.75′ N

69°41.40′ W

(*)

AK

39°56.70′ N

69°53.60′ W

(*)

AJ

39°57.55′ N

69°54.05′ W

(*)

AI

39°57.40′ N

69°55.90′ W

(*)

AH

39°56.90′ N

69°57.45′ W

(*)

AG

39°58.25′ N

70°03.00′ W

(*)

AF

39°59.20′ N

70°04.90′ W

(*)

AE

40°00.70′ N

70°08.70′ W

(*)

AD

40°03.75′ N

70°10.15′ W

(*)

AC

40°05.20′ N

70°10.90′ W

(*)

AB

40°02.45′ N

70°14.10′ W

(*)

AA

40°02.75′ N

70°16.10′ W

(*)

[83 FR 15266, Apr. 9, 2018, as amended at 83 FR 17313, Apr. 19, 2018; 84 FR 68799, Dec. 17, 2019; 85 FR 44221, July 22, 2020; 86
FR 62494, Nov. 10, 2021]

50 CFR 648.81(f)(6) (enhanced display)

page 60 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82

§ 648.82 Effort-control program for NE multispecies limited access vessels.
(a) Except as provided in §§ 648.17 and 648.82(a)(2), a vessel issued a limited access NE multispecies
permit may not fish for, possess, or land regulated species, except during a DAS, as allocated under, and
in accordance with, the applicable DAS program described in this section, unless otherwise provided
elsewhere in this part.
(1) End-of-year carry-over. With the exception of vessels that held a Confirmation of Permit History, as
described in § 648.4(a)(1)(i)(J), for the entire fishing year preceding the carry-over year, limited
access vessels that have unused DAS on the last day of April of any year may carry over a maximum
of 10 DAS into the next year. Unused leased DAS may not be carried over. Vessels that have been
sanctioned through enforcement proceedings will be credited with unused DAS based on their DAS
allocation minus any total DAS that have been sanctioned through enforcement proceedings. For the
2004 fishing year only, DAS carried over from the 2003 fishing year will be classified as Regular B
DAS, as specified under paragraph (d)(2) of this section. Beginning with the 2005 fishing year, for
vessels with a balance of both unused Category A DAS and unused Category B DAS at the end of the
previous fishing year (e.g., for the 2005 fishing year, carry-over DAS from the 2004 fishing year),
Category A DAS will be carried over first, than Regular B DAS, than Reserve B DAS. Category C DAS
cannot be carried over.
(2) Notwithstanding any other provision of this part, any vessel issued a NE multispecies limited access
permit may not call into the DAS program and fish under a DAS, fish on a sector trip, or fish under the
provisions of a limited access Small Vessel Category or Handgear A permits pursuant to paragraphs
(b)(5) and (6) of this section, respectively, if such vessel carries passengers for hire for any portion
of a fishing trip.
(b) Permit categories. All limited access NE multispecies permit holders shall be assigned to one of the
following permit categories, according to the criteria specified. Permit holders may request a change in
permit category, as specified in § 648.4(a)(1)(i)(I)(2). Each fishing year shall begin on May 1 and extend
through April 30 of the following year. Beginning May 1, 2004, with the exception of the limited access
Small Vessel and Handgear A vessel categories described in paragraphs (b)(5) and (6) of this section,
respectively, NE multispecies DAS available for use will be calculated pursuant to paragraphs (c) and (d)
of this section.
(1) Individual DAS category. This category is for vessels allocated individual DAS that are not fishing
under the Hook Gear, Combination, or Large-mesh individual categories. Beginning May 1, 2004, for a
vessel fishing under the Individual DAS category, the baseline for determining the number of NE
multispecies DAS available for use shall be calculated based upon the fishing history associated
with the vessel's permit, as specified in paragraph (c)(1) of this section. The number and categories
of DAS that are allocated for use in a given fishing year are specified in paragraph (d) of this section.
(2) Hook Gear category. To be eligible for a Hook Gear category permit, the vessel must have been
issued a limited access multispecies permit for the preceding year, be replacing a vessel that was
issued a Hook Gear category permit for the preceding year, or be replacing a vessel that was issued
a Hook Gear category permit that was issued a Confirmation of Permit History. Beginning May 1,
2004, for a vessel fishing under the Hook Gear category, the baseline for determining the number of
NE multispecies DAS available for use shall be calculated based upon the fishing history associated
with the vessel's permit, as specified in paragraph (c)(1) of this section. The number and categories
of DAS that are allocated for use in a given fishing year are specified in paragraph (d) of this section.

50 CFR 648.82(b)(2) (enhanced display)

page 61 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(b)(3)

A vessel fishing under this category in the DAS program must meet or comply with the gear
restrictions specified under § 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v) and (c)(2)(iv) when fishing in the
respective regulated mesh areas.
(3) Combination vessel category. To be eligible for a Combination vessel category permit, a vessel must
have been issued a Combination vessel category permit for the preceding year, be replacing a vessel
that was issued a Combination vessel category permit for the preceding year, or be replacing a
vessel that was issued a Combination vessel category permit that was also issued a Confirmation of
Permit History. Beginning May 1, 2004, for a vessel fishing under the Combination vessel category,
the baseline for determining the number of NE multispecies DAS available for use shall be calculated
based upon the fishing history associated with the vessel's permit, as specified in paragraph (c)(1) of
this section. The number and categories of DAS that are allocated for use in a given fishing year are
specified in paragraph (d) of this section.
(4) Large Mesh Individual DAS category. This category is for vessels allocated individual DAS that area
not fishing under the Hook Gear, Combination, or Individual DAS categories. Beginning May 1, 2004,
for a vessel fishing under the Large Mesh Individual DAS category, the baseline for determining the
number of NE multispecies DAS available for use shall be calculated based upon the fishing history
associated with the vessel's permit, as specified in paragraph (c)(1) of this section. The number and
categories of DAS that are allocated for use in a given fishing year are specified in paragraph (d) of
this section. The number of Category A DAS shall be increased by 36 percent. To be eligible to fish
under the Large Mesh Individual DAS category, a vessel, while fishing under this category, must fish
under the specific regulated mesh area minimum mesh size restrictions, as specified in §
648.80(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), and (c)(2)(ii).
(5) Small Vessel category —
(i)

DAS allocation. A vessel qualified and electing to fish under the Small Vessel category may
retain up to 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, and one
Atlantic halibut per trip, without being subject to DAS restrictions, provided the vessel does not
exceed the yellowtail flounder possession restrictions specified at § 648.86(g). Such a vessel is
subject to the possession limits specified for other regulated species and ocean pout, as
specified at § 648.86. Any vessel may elect to switch into the Small Vessel category, as
provided in § 648.4(a)(1)(i)(I)(2), if the vessel meets or complies with the following:
(A) The vessel is 30 ft (9.1 m) or less in length overall, as determined by measuring along a
horizontal line drawn from a perpendicular raised from the outside of the most forward
portion of the stem of the vessel to a perpendicular raised from the after most portion of
the stern.
(B) If construction of the vessel was begun after May 1, 1994, the vessel must be constructed
such that the quotient of the length overall divided by the beam is not less than 2.5.
(C) Acceptable verification for vessels 20 ft (6.1 m) or less in length shall be USCG
documentation or state registration papers. For vessels over 20 ft (6.1 m) in length overall,
the measurement of length must be verified in writing by a qualified marine surveyor, or
the builder, based on the vessel's construction plans, or by other means determined
acceptable by the Regional Administrator. A copy of the verification must accompany an
application for a NE multispecies permit.

50 CFR 648.82(b)(5)(i)(C) (enhanced display)

page 62 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(b)(5)(i)(D)

(D) Adjustments to the Small Vessel category requirements, including changes to the length
requirement, if required to meet fishing mortality goals, may be made by the Regional
Administrator following framework procedures of § 648.90.
(ii) [Reserved]
(6) Handgear A category. A vessel qualified and electing to fish under the Handgear A category, as
described in § 648.4(a)(1)(i)(A), may retain, per trip, up to 300 lb (135 kg) of cod, one Atlantic halibut,
and the daily possession limit for other regulated species and ocean pout, as specified under §
648.86. If either the GOM or GB cod trip limit applicable to a vessel fishing under a NE multispecies
DAS permit, as specified in § 648.86(b)(1) and (2), respectively, is reduced below 300 lb (135 kg) per
DAS by NMFS, the cod trip limit specified in this paragraph (b)(6) shall be adjusted to be the same as
the applicable cod trip limit specified for NE multispecies DAS permits. For example, if the GOM cod
trip limit for NE multispecies DAS vessels was reduced to 250 lb (113.4 kg) per DAS, then the cod
trip limit for a vessel issued a Handgear A category permit that is fishing in the GOM Regulated
Mesh Area would also be reduced to 250 lb (113.4 kg). Qualified vessels electing to fish under the
Handgear A category are subject to the following restrictions:
(i)

The vessel must not use or possess on board gear other than handgear while in possession of,
fishing for, or landing NE multispecies;

(ii) Tub-trawls must be hand-hauled only, with a maximum of 250 hooks; and
(iii) Declaration. For any such vessel that is not required to use VMS pursuant to § 648.10(b)(4), to
fish for GB cod south of the GOM Regulated Mesh Area, as defined at § 648.80(a)(1), a vessel
owner or operator must obtain, and retain on board, a letter of authorization from the Regional
Administrator stating an intent to fish south of the GOM Regulated Mesh Area and may not fish
in any other area for a minimum of seven consecutive days from the effective date of the letter
of authorization. For any such vessel that is required, or elects, to use VMS pursuant to §
648.10(b)(4), to fish for GB cod south of the GOM Regulated Mesh Area, as defined at §
648.80(a)(1), a vessel owner or operator must declare an intent to fish south of the GOM
Regulated Mesh Area on each trip through the VMS prior to leaving port, in accordance with
instructions provided by the Regional Administrator. Such vessels may transit the GOM
Regulated Mesh Area, as defined at § 648.80(a)(1), provided that their gear is stowed and not
available for immediate use as defined in § 648.2.
(c) Used DAS baseline —
(1) Calculation of used DAS baseline. For all valid limited access NE multispecies DAS vessels, vessels
issued a valid small vessel category permit, and NE multispecies Confirmation of Permit Histories,
beginning with the 2004 fishing year, a vessel's used DAS baseline shall be based on the fishing
history associated with its permit and shall be determined by the highest number of reported DAS
fished during a single qualifying fishing year, as specified in paragraphs (c)(1)(i) through (iv) of this
section, during the 6-year period from May 1, 1996, through April 30, 2002, not to exceed the vessel's
annual allocation prior to August 1, 2002. A qualifying year is one in which a vessel landed 5,000 lb
(2,268 kg) or more of regulated multispecies, based upon landings reported through dealer reports
(based on live weights of landings submitted to NMFS prior to April 30, 2003). If a vessel that was
originally issued a limited access NE multispecies permit was lawfully replaced in accordance with
the replacement restrictions specified in § 648.4(a), then the used DAS baseline shall be defined
based upon the DAS used by the original vessel and by subsequent vessel(s) associated with the

50 CFR 648.82(c)(1) (enhanced display)

page 63 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(c)(1)(i)

permit during the qualification period specified in this paragraph (c)(1). The used DAS baseline shall
be used to calculate the number and category of DAS that are allocated for use in a given fishing
year, as specified in paragraph (d) of this section.
(i)

Except as provided in paragraphs (c)(1)(ii) through (iv) of this section, the vessel's used DAS
baseline shall be determined by calculating DAS use reported under the DAS notification
requirements in § 648.10.

(ii) For a vessel exempt from, or not subject to, the DAS notification system specified in § 648.10
during the period May 1996 through June 1996, the vessel's used DAS baseline for that period
will be determined by calculating DAS use from vessel trip reports submitted to NMFS prior to
April 9, 2003.
(iii) For a vessel enrolled in a Large Mesh DAS category, as specified in paragraph (b)(4) of this
section, the calculation of the vessel's used DAS baseline may not include any DAS allocated or
used by the vessel pursuant to the provisions of the Large Mesh DAS category.
(2) [Reserved]
(d) DAS categories and allocations. For all valid limited access NE multispecies DAS permits, and NE
multispecies Confirmation of Permit Histories, beginning with the 2004 fishing year, DAS shall be
allocated and available for use for a given fishing year according to the following DAS Categories (unless
otherwise specified, “NE multispecies DAS” refers to any authorized category of DAS):
(1) Category A DAS. Calculation of Category A DAS for each fishing year is specified in paragraphs
(d)(1)(i) through (iv) of this section. An additional 36 percent of Category A DAS will be added and
available for use for participants in the Large Mesh Individual DAS permit category, as described in
paragraph (b)(4) of this section, provided the participants comply with the applicable gear
restrictions. Category A DAS may be used in the NE multispecies fishery to harvest and land stocks
of regulated species or ocean pout, in accordance with all of the conditions and restrictions of this
part.
(i)

For the 2004 and 2005 fishing years, Category A DAS are defined as 60 percent of the vessel's
used DAS baseline specified under paragraph (c)(1) of this section.

(ii) For the 2006 through 2008 fishing years, Category A DAS are defined as 55 percent of the
vessel's used DAS baseline specified under paragraph (c)(1) of this section.
(iii) For fishing year 2009 (May 1, 2009, through April 30, 2010), Category A DAS are defined as 45
percent of the vessel's used DAS baseline specified in paragraph (c)(1) of this section.
(iv) Starting in fishing year 2010 (beginning May 1, 2010), Category A DAS are defined as follows:
(A) For a vessel fishing under the provisions of the common pool, as defined in this part,
Category A DAS are defined as 27.5 percent of the vessel's used DAS baseline specified in
paragraph (c)(1) of this section, unless otherwise revised pursuant to paragraph (n)(1) of
this section, or reduced pursuant to § 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

50 CFR 648.82(d)(1)(iv)(B) (enhanced display)

page 64 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(d)(2)

(2) Category B DAS. Category B DAS are divided into Regular B DAS and Reserve B DAS. Calculation of
Category B DAS for each fishing year, and restrictions on use of Category B DAS, are specified in
paragraphs (d)(2)(i) and (ii) of this section.
(i)

Regular B DAS —
(A) Restrictions on use. Regular B DAS can only be used by NE multispecies vessels in an
approved SAP or in the Regular B DAS Program as specified in § 648.85(b)(6). Unless
otherwise restricted under the Regular B DAS Program as described in § 648.85(b)(6)(i),
vessels may fish under both a Regular B DAS and a Reserve B DAS on the same trip (i.e.,
when fishing in an approved SAP as described in § 648.85(b)). Vessels that are required
by the Monkfish Fishery Management Plan to utilize a NE multispecies DAS, as specified
under § 648.92(b)(2), may not elect to use a NE multispecies Category B DAS to satisfy
that requirement.
(B) Calculation. Regular B DAS are calculated as follows:
(1) For the 2004 and 2005 fishing years, Regular B DAS are defined as 20 percent of the
vessel's DAS baseline specified under paragraph (c)(1) of this section.
(2) For the 2006 through 2008 fishing years, Regular B DAS are defined as 22.5 percent
of the vessel's DAS baseline specified under paragraph (c)(1) of this section.
(3) For fishing year 2009 (May 1, 2009, through April 30, 2010), Regular B DAS are
defined as 27.5 percent of the vessel's used DAS baseline specified in paragraph
(c)(1) of this section.
(4) Starting in fishing year 2010 (beginning May 1, 2010), Regular B DAS are defined as
follows:
(i)

For a common pool vessel, Regular B DAS are defined as 36.25 percent of the
vessel's used DAS baseline specified in paragraph (c)(1) of this section, unless
otherwise revised pursuant to paragraph (n)(1) of this section.

(ii) For a sector vessel, Regular B DAS are defined as 27.5 percent of the vessel's
used DAS baseline specified in paragraph (c)(1) of this section.
(ii) Reserve B DAS —
(A) Restrictions on use. Reserve B DAS can only be used in an approved SAP, as specified in §
648.85.
(B) Calculation. Reserve B DAS are calculated as follows:
(1) For the 2004 and 2005 fishing years, Reserve B DAS are defined as 20 percent of the
vessel's DAS baseline specified under paragraph (c)(1) of this section.
(2) For the 2006 through 2008 fishing years, Reserve B DAS are defined as 22.5 percent
of the vessel's DAS baseline specified under paragraph (c)(1) of this section.
(3) For fishing year 2009 (May 1, 2009, through April 30, 2010), Reserve B DAS are
defined as 27.5 percent of the vessel's used DAS baseline specified in paragraph
(c)(1) of this section.

50 CFR 648.82(d)(2)(ii)(B)(3) (enhanced display)

page 65 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(d)(2)(ii)(B)(4)

(4) Starting in fishing year 2010 (beginning May 1, 2010), Reserve B DAS are defined as
follows:
(i)

For a common pool vessel, Reserve B DAS are defined as 36.25 percent of the
vessel's used DAS baseline specified in paragraph (c)(1) of this section, unless
otherwise revised pursuant to paragraph (n)(1) of this section.

(ii) For a sector vessel, Reserve B DAS are defined as 27.5 percent of the vessel's
used DAS baseline specified in paragraph (c)(1) of this section.
(3) Category C DAS —
(i)

Restriction on use. Category C DAS are reserved and may not be fished.

(ii) Calculation. Category C DAS are defined as the difference between a vessel's used DAS
baseline, as described in paragraph (c)(1) of this section, and the number of DAS allocated to
the vessel as of May 1, 2001.
(e) Accrual of DAS.
(1) When a vessel is participating in the NE multispecies DAS program, as required by the regulations in
this part, NE multispecies DAS shall accrue as specified in paragraphs (e)(1)(i) and (ii) of this section
and shall be based upon the time called, or logged into the DAS program, consistent with the DAS
notification requirements specified in § 648.10. For the purpose of calculating trip limits specified in
this part, the amount of DAS deducted from a vessel's DAS allocation shall determine the amount of
fish the vessel can land legally.
(i)

Common pool vessels. For a common pool vessel, Category A DAS shall accrue in 24-hr
increments, unless otherwise required under paragraphs (n) or (o) of this section. For example,
a vessel that fished from 6 a.m. to 10 p.m. would be charged 24 hr of Category A DAS, not 16
hr; a vessel that fished for 25 hr would be charged 48 hr of Category A instead of 25 hr.

(ii) [Reserved]
(2) [Reserved]
(3) Regular B DAS Program 24-hr clock. For a vessel electing to fish in the Regular B DAS Program, as
specified at § 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 § 648.86, the amount of DAS deducted from a
vessel's DAS allocation shall determine the amount of fish the vessel can land legally. For a vessel
electing to fish in the Regular B DAS Program, as specified at § 648.85(b)(6), while also fishing in an
area subject to differential DAS counting pursuant to paragraph (n)(1)(i) of this section, Category B
DAS shall accrue at the rate described in this paragraph (e)(3), unless the vessel flips to a Category A
DAS, in which case the vessel is subject to the pertinent DAS accrual restrictions of paragraph (n)(1)
of this section for the entire trip. For vessels electing to fish in both the Regular B DAS Program, as
specified in § 648.85(b)(6), and in the Eastern U.S./Canada Area, as specified in § 648.85(a), DAS
counting will begin and end according to the DAS rules specified in § 648.10(e)(5)(iv).

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50 CFR 648.82(f)

(f) DAS credits —
(1) Good Samaritan credit. A limited access vessel fishing under the DAS program and that spends time
at sea assisting in a USCG search and rescue operation or assisting the USCG in towing a disabled
vessel, and that can document the occurrence through the USCG, shall not accrue DAS for the time
documented.
(2) Canceled trip DAS credit. A limited access vessel operating under the DAS program and that ends a
fishing trip prior to setting and/or hauling fishing gear for any reason may request a cancelled trip
DAS credit for the trip based on the following conditions and requirements:
(i)

There is no fish onboard the vessel and no fishing operations on the vessel were initiated,
including setting and/or hauling fishing gear; and

(ii) The owner or operator of the vessel fishing under a DAS program and required to use a VMS as
specified under § 648.10(b) makes an initial trip cancelation notification from sea, at the time
the trip was canceled, or at the earliest opportunity prior to crossing the demarcation line as
defined at § 648.10(a). These reports are in the form of an email to NMFS Office of Law
Enforcement and include at least the following information: Operator name; vessel name;
vessel permit number; port where vessel will return; date trip started; estimated date/time of
return to port; and a statement from the operator must that no fish were onboard and no fishing
activity occurred; and
(iii) The owner or operator of the vessel operating under the DAS program required to use the IVR
call in as specified under § 648.10(h) makes an initial trip cancelation notification to NMFS by
calling the IVR back at the time the trip was canceled, or at the earliest opportunity prior to
returning to port. This request must include at least the following information: Operator name;
vessel name; vessel permit number; port where vessel will return; date trip started; estimated
date/time of return to port; and a statement from the operator that no fish were onboard and no
fishing activity occurred; and
(iv) The owner or operator of the vessel requesting a canceled trip DAS credit, in addition to the
requirements in paragraphs (f)(2)(ii) and (iii) of this section, submits a written DAS credit
request form to NMFS within 30 days of the vessel's return to port from the canceled trip. This
application must include at least the following information: Date and time when the vessel
canceled the fishing trip; date and time of trip departure and landing; operator name; owner/
corporation name; permit number; hull identification number; vessel name; date and time
notification requirements specified under paragraphs (f)(2)(ii) and (iii) of this section were
made; reason for canceling the trip; and owner/operator signature and date; and
(v) The vessel trip report for the canceled trip as required under § 648.7(b) is submitted along with
the DAS credit request form; and
(vi) For DAS credits that are requested near the end of the fishing year as defined at § 648.2, and
approved by the Regional Administrator, the credited DAS apply to the fishing year in which the
canceled trip occurred. Credited DAS that remain unused at the end of the fishing year or are
not credited until the following fishing year may be carried over into the next fishing year, not to
exceed the maximum number of carryover DAS as specified under paragraph (a)(1) of this
section.

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50 CFR 648.82(f)(3)

(3) DAS credit for standing by entangled whales. A limited access vessel fishing under the DAS program
that reports and stands by an entangled whale may request a DAS credit for the time spent standing
by the whale. The following conditions and requirements must be met to receive this credit:
(i)

At the time the vessel begins standing by the entangled whale, the vessel operator must notify
the USCG and the Center for Coastal Studies, or another organization authorized by the
Regional Administrator, of the location of the entangled whale and that the vessel is going to
stand by the entangled whale until the arrival of an authorized response team;

(ii) Only one vessel at a time may receive credit for standing by an entangled whale. A vessel
standing by an entangled whale may transfer its stand-by status to another vessel while waiting
for an authorized response team to arrive, provided it notifies the USCG and the Center for
Coastal Studies, or another organization authorized by the Regional Administrator, of the
transfer. The vessel to which stand-by status is transferred must also notify the USCG and the
Center for Coastal Studies or another organization authorized by the Regional Administrator of
this transfer and comply with the conditions and restrictions of this part;
(iii) The stand-by vessel must be available to answer questions on the condition of the animal,
possible species identification, severity of entanglement, etc., and take photographs of the
whale, if possible, regardless of the species of whale or whether the whale is alive or dead,
during its stand-by status and after terminating its stand-by status. The stand-by vessel must
remain on scene until the USCG or an authorized response team arrives, or the vessel is
informed that an authorized response team will not arrive. If the vessel receives notice that a
response team is not available, the vessel may discontinue standing-by the entangled whale
and continue fishing operations; and
(iv) To receive credit for standing by an entangled whale, a vessel must submit a written request to
the Regional Administrator. This request must include at least the following information: Date
and time when the vessel began its stand-by status; date of first communication with the USCG;
and date and time when the vessel terminated its stand-by status. DAS credit shall not be
granted for the time a vessel fishes when standing by an entangled whale. Upon a review of the
request, NMFS shall consider granting the DAS credit based on information available at the
time of the request, regardless of whether an authorized response team arrives on scene or a
rescue is attempted. NMFS shall notify the permit holder of any DAS adjustment that is made
or explain the reasons why an adjustment will not be made.
(g) Spawning season restrictions. A vessel issued a valid Small Vessel category permit specified in paragraph
(b)(5) of this section, or a vessel issued an open access Handgear B permit, as specified in § 648.88(a),
may not fish for, possess, or land regulated species or ocean pout from March 1 through March 20 of
each year. A common pool vessel must declare out and be out of the NE multispecies DAS program, and a
sector must declare that the vessel will not fish with gear capable of catching NE multispecies (i.e., gear
that is not defined as exempted gear under this part), for a 20-day period between March 1 and May 31 of
each calendar year, using the notification requirements specified in § 648.10. A vessel fishing under a Day
gillnet category designation is prohibited from fishing with gillnet gear capable of catching NE
multispecies during its declared 20-day spawning block, unless the vessel is fishing in an exempted
fishery, as described in § 648.80. If a vessel owner has not declared and been out of the fishery for a
20-day period between March 1 and May 31 of each calendar year on or before May 12 of each year, the
vessel is prohibited from fishing for, possessing or landing any regulated species, ocean pout, or nonexempt species during the period from May 12 through May 31.

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Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(h)

(h) Declaring DAS and blocks of time out. A vessel's owner or authorized representative shall notify the
Regional Administrator of a vessel's participation in the DAS program; declaration of its 120 days out of
the non-exempt gillnet fishery, if designated as a Day gillnet category vessel, as specified in paragraph (j)
of this section; and declaration of its 20-day period out of the NE multispecies DAS program, or, for a
sector vessel that the vessel will not fish with gear capable of catching NE multispecies, using the
notification requirements specified in § 648.10.
(i)

[Reserved]

(j)

Gillnet restrictions. A vessel issued a limited access NE multispecies permit may fish under a NE
multispecies DAS, under the provisions of the small vessel permit category, or on a sector trip with gillnet
gear, provided the owner of the vessel obtains an annual designation as either a Day or Trip gillnet vessel,
as described in § 648.4(c)(2)(iii), and provided the vessel complies with the gillnet vessel gear
requirements and restrictions specified in § 648.80.
(1) Day gillnet vessels. Unless otherwise exempted in this part, a Day gillnet vessel fishing with gillnet
gear under a NE multispecies DAS, the provisions of a small vessel permit category, or on a sector
trip is not required to remove gear from the water upon returning to the dock and calling out of the
DAS program, as appropriate, provided the vessel complies with the restrictions specified in
paragraphs (j)(1)(i) through (iii) of this section. Vessels electing to fish under the Day gillnet
designation must have on board written confirmation, issued by the Regional Administrator, that the
vessel is a Day gillnet vessel.
(i)

Removal of gear. All gillnet gear must be brought to port prior to the vessel fishing in an
exempted fishery.

(ii) Declaration of time out of the gillnet fishery.
(A) During each fishing year, a Day gillnet vessel must declare, and take, a total of 120 days
out of the non-exempt gillnet fishery. Each period of time declared and taken must be a
minimum of 7 consecutive days. At least 21 days of this time must be taken between
June 1 and September 30 of each fishing year. The spawning season time out period
required by paragraph (g) of this section shall be credited toward the 120 days time out of
the non-exempt gillnet fishery. If a vessel owner has not declared and taken any or all of
the remaining periods of time required to be out of the fishery by the last possible date to
meet these requirements, the vessel is prohibited from fishing for, possessing, or landing
regulated multispecies, ocean pout, or non-exempt species harvested with gillnet gear and
from having gillnet gear on board the vessel that is not stowed and not available for
immediate use as defined in § 648.2 while fishing under a NE multispecies DAS, the
provisions of the small vessel category permit, or on a sector trip from that date through
the end of the period between June 1 and September 30, or through the end of the fishing
year, as applicable, unless otherwise exempt pursuant to § 648.87.
(B) Any such vessel shall declare its required time periods through the notification procedures
specified in § 648.10(j)(2).
(C) During each period of time declared out, any such vessel is prohibited from fishing with
non-exempted gillnet gear and must remove such gear from the water. However, the
vessel may fish in an exempted fishery, as described in § 648.80, or it may fish under a NE
multispecies DAS, under the provisions of the small vessel category permit, or on a sector
trip, provided it fishes with gear other than non-exempted gillnet gear.
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50 CFR 648.82(j)(1)(iii)

(iii) Method of counting DAS. A Day gillnet vessel fishing with gillnet gear under a NE multispecies
DAS shall accrue DAS as follows:
(A) A Day gillnet vessel fishing with gillnet gear that has elected to fish in the Regular B DAS
Program, as specified in § 648.85(b)(6), under a Category B DAS, is subject to the DAS
accrual provisions of paragraph (e)(1)(i) of this section.
(B) A Day gillnet vessel fishing with gillnet gear under a NE multispecies Category A DAS shall
accrue DAS as follows:
(1) A Day gillnet vessel on a common pool trip is subject to the DAS accrual provisions of
paragraph (e)(1)(i) of this section.
(2) A Day gillnet vessel on a sector trip is subject to the DAS accrual provisions of
paragraph (e)(1)(ii) of this section.
(2) Trip gillnet vessels. When fishing under a NE multispecies DAS, under the provisions of the small
vessel category permit, or on a sector trip, a Trip gillnet vessel is required to remove all gillnet gear
from the water before returning to port upon the completion of a fishing trip and calling out of a NE
multispecies DAS, as applicable, under § 648.10(e)(5) or (h)(5), respectively. When not fishing under
a NE multispecies DAS, Trip gillnet vessels may fish in an exempted fishery with gillnet gear, as
authorized by § 648.80. Vessels electing to fish under the Trip gillnet designation must have on
board written confirmation issued by the Regional Administrator that the vessel is a Trip gillnet
vessel.
(k) NE Multispecies DAS Leasing Program —
(1) Program description. Eligible vessels, as specified in paragraph (k)(2) of this section, may lease
Category A DAS to and from other eligible vessels, in accordance with the restrictions and conditions
of this section. The Regional Administrator has final approval authority for all NE multispecies DAS
leasing requests.
(2) Eligible vessels.
(i)

A vessel issued a valid limited access NE multispecies permit is eligible to lease Category A
DAS to or from another such vessel, subject to the conditions and requirements of this part,
unless the vessel was issued a valid Small Vessel or Handgear A permit specified under
paragraphs (b)(5) and (6) of this section, respectively.

(ii) Subject to the conditions and requirements of this part, DAS associated with a confirmation of
permit history may be leased to another vessel without placing the permit on an active vessel.
(3) Application to lease NE multispecies DAS —
(i)

Application information requirements. An application to lease Category A DAS must contain the
following information: Lessor's owner name, vessel name, permit number and official number
or state registration number; Lessee's owner name, vessel name, permit number and official
number or state registration number; number of NE multispecies DAS to be leased; total priced
paid for leased DAS; signatures of Lessor and Lessee; and date form was completed.
Information obtained from the lease application will be held confidential, according to
applicable Federal law. Aggregate data may be used in the analysis of the DAS Leasing
Program.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(k)(3)(ii)

(ii) Approval of lease application. Unless an application to lease Category A DAS is denied
according to paragraph (k)(3)(iii) of this section, the Regional Administrator shall issue
confirmation of application approval to both Lessor and Lessee within 45 days of receipt of an
application.
(iii) Denial of lease application. The Regional Administrator may deny an application to lease
Category A DAS for any of the following reasons, including, but not limited to: The application is
incomplete or submitted past the April 30 deadline; the Lessor or Lessee has not been issued a
valid limited access NE multispecies permit or is otherwise not eligible; the Lessor's or Lessee's
DAS are under sanction pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel
is prohibited from fishing; the Lessor's or Lessee's limited access NE multispecies permit is
sanctioned pursuant to an enforcement proceeding; the Lessor or Lessee vessel is determined
not in compliance with the conditions, restrictions, and requirements of this part; or the Lessor
has an insufficient number of allocated or unused DAS available to lease. Upon denial of an
application to lease NE multispecies DAS, the Regional Administrator shall send a letter to the
applicants describing the reason(s) for application rejection. The decision by the Regional
Administrator is the final agency decision.
(4) Conditions and restrictions on leased DAS —
(i)

Confirmation of permit history. Pursuant to paragraph (k)(2)(ii) of this section, DAS associated
with a confirmation of permit history may be leased.

(ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may not sub-lease DAS that have
already been leased to another vessel. Any portion of a vessel's DAS may not be leased more
than one time during a fishing year.
(iii) Carry-over of leased DAS. Leased DAS that remain unused at the end of the fishing year may not
be carried over to the subsequent fishing year by the Lessor or Lessee vessel.
(iv) [Reserved]
(v) History of leased DAS use. The history of leased DAS use shall be presumed to remain with the
Lessor vessel. In the case of multiple leases to one vessel, the history of leased DAS use shall
be presumed to remain with the Lessor in the order in which such leases were approved by
NMFS. For the purpose of accounting for leased DAS use, leased DAS will be accounted for
(subtracted from available DAS) prior to allocated DAS.
(vi) Monkfish Category C, D, F, G and H vessels. A vessel that possesses a valid limited access NE
multispecies DAS permit and a valid limited access monkfish Category C, D, F, G, or H permit
and leases NE multispecies DAS to or from another vessel is subject to the restrictions
specified in § 648.92(b)(2).
(vii) DAS Category restriction. A vessel may lease only Category A DAS, as described under
paragraph (d)(1) of this section.
(viii) Duration of lease. A vessel leasing DAS may only fish those leased DAS during the fishing year
in which they were leased.
(ix) Size restriction of Lessee vessel. A Lessor vessel only may lease DAS to a Lessee vessel with a
baseline main engine horsepower rating that is no more than 20 percent greater than the
baseline engine horsepower of the Lessor vessel. A Lessor vessel may only lease DAS to a
Lessee vessel with a baseline length overall that is no more than 10 percent greater than the
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(k)(4)(x)

baseline length overall of the Lessor vessel. For the purposes of this program, the baseline
horsepower and length overall specifications of vessels are those associated with the permit as
of January 29, 2004, unless otherwise modified according to paragraph (k)(4)(xi) of this
section.
(x) Leasing by vessels fishing under a sector allocation. A sector vessel may not lease DAS to or
from common pool vessels, but may lease DAS to or from another sector vessel during the
fishing year in which the vessel is a member of a sector.
(xi) One-time downgrade of DAS Leasing Program baseline. Unless otherwise specified in paragraph
(k)(4)(xi)(B) and (C) of this section, for the purposes of determining eligibility for leasing DAS
only, a vessel owner may elect to make a one-time downgrade to the vessel's DAS Leasing
Program baseline length and horsepower as specified in paragraph (k)(4)(ix) of this section to
match the length overall and horsepower specifications of the vessel that is currently issued
the permit.
(A) Application for a one-time DAS Leasing Program baseline downgrade. To downgrade the
DAS Leasing Program baseline, eligible NE multispecies vessels must submit a completed
application form obtained from the Regional Administrator. An application to downgrade a
vessel's DAS Leasing Program baseline must contain at least the following information:
Vessel owner's name, vessel name, permit number, official number or state registration
number, current vessel length overall and horsepower specifications, an indication
whether additional information is included to document the vessel's current specifications,
and the signature of the vessel owner.
(B) Applicability of the one-time DAS Leasing Program baseline downgrade. The downgraded
DAS Leasing Program baseline may only be used to determine eligibility for the DAS
Leasing Program and does not affect or change the baseline associated with the DAS
Transfer Program specified in paragraph (l)(1)(ii) of this section, or the vessel replacement
or upgrade restrictions specified at § 648.4(a)(1)(i)(E) and (F), or any other provision.
(C) Duration of the one-time DAS Leasing Program baseline downgrade. Unless otherwise
specified in this paragraph (k)(4)(xi)(C) of this section, the downgraded DAS Leasing
Program baseline remains in effect until the DAS Leasing Program expires or the permit is
transferred to another vessel via a vessel replacement, or through a DAS transfer. With the
exception of vessels combining DAS Leasing Program baselines from two different
vessels through the DAS Transfer Program as outlined in paragraph (k)(4)(xi)(C)(2) of this
section, once the DAS Leasing Program baseline is downgraded for a particular permit, no
further downgrades may be authorized for that permit.
(1) Vessel replacement. If the permit is transferred to another vessel via a vessel
replacement, the DAS Leasing Program baseline reverts to the baseline horsepower
and length overall specifications associated with the permit prior to the one-time
downgrade.
(2) DAS Transfer Program. For vessels involved in a DAS Transfer Program transaction as
described in paragraph (l) of this section, if the transferee vessel baseline is adopted,
consistent with the regulations under paragraph (l)(1)(ii) of this section, and the DAS
Leasing Program baseline of the transferee vessel was previously downgraded,
consistent with the regulations under this paragraph (k)(4)(xi), the downgraded DAS
Leasing Program baseline specifications remain valid. For vessels involved in a DAS
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(l)

Transfer Program transaction where a combination of the transferor and transferee
vessel baselines is adopted resulting in a new vessel baseline, any previous DAS
Leasing Program baseline downgrade for either the transferor or transferee vessel
will be voided and the transferee vessel would have an additional opportunity to
downgrade its combined DAS Leasing Program baseline.
(l)

DAS Transfer program. Except for vessels fishing under a sector allocation as specified in § 648.87, or a
vessel that acted as a lessee or lessor in the DAS Leasing Program transaction, a vessel issued a valid
limited access NE multispecies permit may transfer all of its NE multispecies DAS for an indefinite time to
another vessel with a valid NE multispecies permit, in accordance with the conditions and restrictions
described under this section. The Regional Administrator has final approval authority for all NE
multispecies DAS transfer requests.
(1) DAS transfer conditions and restrictions.
(i)

The transferor vessel must transfer all of its DAS. Upon approval of the DAS transfer, all history
associated with the transferred NE multispecies DAS (moratorium right history, DAS use history,
and catch history) shall be associated with the permit rights of the transferee. Neither the
individual permit history elements, nor total history associated with the transferred DAS may be
retained by the transferor.

(ii) NE multispecies DAS may be transferred only to a vessel with a baseline main engine
horsepower rating that is no more than 20 percent greater than the baseline engine horsepower
of the transferor vessel. NE multispecies DAS may be transferred only to a vessel with a
baseline length overall that is no more than 10 percent greater than the baseline length overall
of the transferor vessel. For the purposes of this program, the baseline horsepower and length
overall are those associated with the permit as of January 29, 2004. Upon approval of the
transfer, the baseline of the transferee vessel would be the smaller baseline of the two vessels
or the vessel owner could choose to adopt the larger baseline of the two vessels provided such
an upgrade is consistent with provisions of this paragraph (l)(1)(ii). A vessel that has executed
a one-time downgrade of a DAS Leasing Program baseline in accordance with paragraph
(k)(4)(xi) of this section is subject to the restrictions of paragraph (k)(4)(xi)(C) of this section.
(iii) The transferor vessel must transfer all of its Federal limited access permits for which it is
eligible to the transferee vessel in accordance with the vessel replacement restrictions under §
648.4, or permanently cancel such permits. When duplicate permits exist, i.e., those permits for
which both the transferor and transferee vessel are eligible, one of the duplicate permits must
be permanently cancelled.
(iv) [Reserved]
(v) In any particular fishing year, a vessel may not execute a DAS transfer as a transferor if it
previously participated in the DAS Leasing Program as either a lessee or a lessor, as described
under paragraph (k) of this section. A vessel may participate in DAS lease transaction (as a
lessee or a lessor) and submit an application for a DAS transfer (as a transferor) during the
same fishing year, but the transfer, if approved, would not be effective until the beginning of the
following fishing year. Other combinations of activities under the DAS Leasing and DAS
Transfer programs are permissible during the same fishing year (i.e., act as a transferee, or act
as transferor and subsequently conduct a DAS lease).
(vi) Confirmation of permit history. NE multispecies DAS associated with a Confirmation of Permit
History may be transferred.
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50 CFR 648.82(l)(1)(vii)

(vii) Transfer by sector vessels. A sector vessel may not transfer DAS to or from vessels that are
fishing under the provisions of the common pool or another sector, but may transfer DAS to or
from another vessel participating in that vessel's sector during the fishing year in which the
vessel is a member of a particular sector.
(viii) Unless otherwise restricted by this part, a vessel with a NE multispecies limited access
Category D permit may transfer DAS only to a vessel with a NE multispecies limited access
Category D permit, but may receive transferred DAS from any eligible NE multispecies vessel.
(2) Application to transfer DAS. Owners of the vessels applying to transfer and receive DAS must submit
a completed application form obtained from the Regional Administrator. The application must be
signed by both seller/transferor and buyer/transferee of the DAS, and submitted to the Regional
Office at least 45 days before the date on which the applicant desires to have the DAS effective on
the buying vessel. The Regional Administrator will notify the applicants of any deficiency in the
application pursuant to this section. Applications may be submitted at any time during the fishing
year, up until March 1.
(i)

Application information requirements. An application to transfer NE multispecies DAS must
contain the following information: Seller's/transferor's name, vessel name, permit number and
official number or state registration number; buyer's/transferee's name, vessel name, permit
number and official number or state registration number; total price paid for purchased DAS;
signatures of seller and buyer; and date the form was completed. Information obtained from
the transfer application will be held confidential, and will be used only in summarized form for
management of the fishery.

(ii) Approval of transfer application. Unless an application to transfer NE multispecies DAS is denied
according to paragraph (l)(2)(iii) of this section, the Regional Administrator shall issue
confirmation of application approval to both seller/transferor and buyer/transferee within 45
days of receipt of an application.
(iii) Denial of transfer application. The Regional Administrator may reject an application to transfer
NE multispecies DAS for the following reasons: The application is incomplete or submitted past
the March 1 deadline; the seller/transferor or buyer/transferee does not possess a valid limited
access NE multispecies permit; the seller's/transferor's or buyer's/transferee's DAS is
sanctioned, pursuant to an enforcement proceeding; the seller's/transferor's or buyer/
transferee's vessel is prohibited from fishing; the seller's/transferor's or buyer's/transferee's
limited access NE multispecies permit is sanctioned pursuant to enforcement proceedings; or
the seller/transferor has a DAS baseline of zero. Upon denial of an application to transfer NE
multispecies DAS, the Regional Administrator shall send a letter to the applicants describing
the reason(s) for application rejection. The decision by the Regional Administrator is the final
agency decision and there is no opportunity to appeal the Regional Administrator's decision.
(m) [Reserved]
(n) NE multispecies common pool accountability measure (AM). Common pool vessels are subject to the
following AMs, in addition to the DAS accrual provisions specified in paragraph (e) of this section and
other measures specified in this part.
(1) Differential DAS counting AM for fishing years 2010 and 2011. Unless otherwise specified pursuant to
§ 648.90(a)(5), based upon catch and other information available to NMFS by February of each year,
the Regional Administrator shall project the catch of regulated species or ocean pout by common
pool vessels for the fishing year ending on April 30 to determine whether such catch will exceed any
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50 CFR 648.82(n)(1)

of the sub-ACLs specified for common pool vessels pursuant to § 648.90(a)(4)(iii). This initial
projection of common pool catch shall be updated shortly after the end of each fishing year, once
information becomes available regarding the catch of regulated species and ocean pout by vessels
fishing for groundfish in state waters outside of the FMP, vessels fishing in exempted fisheries, and
vessels fishing in the Atlantic sea scallop fishery; and the catch of Atlantic halibut, SNE/MA winter
flounder, ocean pout, windowpane flounder, and Atlantic wolffish by sector vessels to determine if
excessive catch by such vessels resulted in the overall ACL for a particular stock to be exceeded. If
such catch resulted in the overall ACL for a particular stock being exceeded, the common pool's
catch of that stock shall be increased by an amount equal to the amount of the overage of the
overall ACL for that stock multiplied by the common pool's share of the overall ACL for that stock
calculated pursuant to § 648.90(a)(4)(iii)(H)(2). For example, if the 2010 overall ACL for GOM cod
was exceeded by 10,000 lb (4,536 kg) due to excessive catch of that stock by vessels fishing in state
waters outside the FMP, and the common pool's share of the 2010 overall GOM cod ACL was 5
percent, then the common pool's 2010 catch of GOM cod shall be increased by 500 lb (226.8 kg)
(10,000 lb (4,536 kg) × 0.05 of the overall GOM cod ACL). If, based on the initial projection completed
in February, the Regional Administrator projects that any of the sub-ACLs specified for common pool
vessels will be exceeded or underharvested, the Regional Administrator shall implement a
differential DAS counting factor to all Category A DAS used within the stock area in which the subACL was exceeded or underharvested, as specified in paragraph (n)(1)(i) of this section, during the
following fishing year, in a manner consistent with the Administrative Procedure Act. Any differential
DAS counting implemented at the start of the fishing year will be reevaluated and recalculated, if
necessary, once updated information is obtained. The differential DAS counting factor shall be
based upon the projected proportion of the sub-ACL of each NE multispecies stock caught by
common pool vessels, rounded to the nearest even tenth, as specified in paragraph (n)(1)(ii) of this
section, unless otherwise specified pursuant to § 648.90(a)(5). For example, if the Regional
Administrator projects that common pool vessels will catch 1.18 times the sub-ACL for GOM cod
during fishing year 2010, the Regional Administrator shall implement a differential DAS counting
factor of 1.2 to all Category A DAS used by common pool vessels only within the Inshore GOM
Differential DAS Area during fishing year 2011 (i.e., Category A DAS will be charged at a rate of 28.8
hr for every 24 hr fished—1.2 times 24-hr DAS counting). If it is projected that catch in a particular
fishing year will exceed or underharvest the sub-ACLs for several regulated species stocks within a
particular stock area, including both exceeding and underharvesting several sub-ACLs within a
particular stock area, the Regional Administrator shall implement the most restrictive differential
DAS counting factor derived from paragraph (n)(1)(ii) of this section for the sub-ACLs exceeded or
underharvested to any Category A DAS used by common pool vessels within that particular stock
area. For example, if it is projected that common pool vessels will be responsible for 1.2 times the
GOM cod sub-ACL and 1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional
Administrator shall implement a differential DAS counting factor of 1.2 to any Category A DAS fished
by common pool vessels only within the Inshore GOM Differential DAS Area during the following
fishing year. For any differential DAS counting factor implemented in fishing year 2011, the
differential DAS counting factor shall be applied against the DAS accrual provisions specified in
paragraph (e)(1)(i) of this section for the time spent fishing in the applicable differential DAS
counting area based upon the first VMS position into the applicable differential DAS counting area
and the first VMS position outside of the applicable differential DAS counting area, pursuant to §
648.10. For example, if a vessel fished 12 hr inside a differential DAS counting area where a
differential DAS counting factor of 1.2 would be applied, and 12 hr outside of the differential DAS
counting area, the vessel would be charged 48 hr of DAS use because DAS would be charged in
24-hr increments ((12 hr inside the area × 1.2 = 14.4 hr) + 12 hr outside the area, rounded up to the
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50 CFR 648.82(n)(1)(i)

next 24-hr increment to determine DAS charged). For any differential DAS counting factor
implemented in fishing year 2012, the differential DAS counting factor shall be applied against the
DAS accrual provisions in paragraph (e)(1)(i) of this section, or if a differential DAS counting factor
was implemented for that stock area during fishing year 2011, against the DAS accrual rate applied
in fishing year 2011. For example, if a differential DAS counting factor of 1.2 was applied to the
Inshore GOM Differential DAS Area during fishing year 2011 due to a 20-percent overage of the GOM
cod sub-ACL, yet the GOM cod sub-ACL was exceeded again, but by 50 percent during fishing year
2011, an additional differential DAS factor of 1.5 would be applied to the DAS accrual rate applied
during fishing year 2012 (i.e., the DAS accrual rate in the Inshore GOM Differential DAS Counting
Area during fishing year 2012 would be 43.2 hr charged for every 24-hr fished—1.2 × 1.5 × 24-hr DAS
charge). If the Regional Administrator determines that similar DAS adjustments are necessary in all
stock areas, the Regional Administrator will adjust the ratio of Category A:Category B DAS specified
in paragraph (d)(1) of this section to reduce the number of available Category A DAS available based
upon the amount of the overage, rather than apply a differential DAS counting factor to all Category
A DAS used in all stock areas.
(i)

Differential DAS counting areas. The following differential DAS counting areas shall be used for
the purposes of implementing the differential DAS counting AM specified in paragraph (n)(1) of
this section:
(A) Inshore GOM Differential DAS Area. The Inshore GOM Differential DAS Area applies to the
following stocks of regulated species: White hake, pollock, GOM cod, GOM haddock, CC/
GOM yellowtail flounder, GOM winter flounder, and Atlantic wolffish. The Inshore GOM
Differential DAS Area is defined as the area bounded on the west by the shoreline of the
United States and bounded on the east by straight lines connecting the following points in
the order stated:

INSHORE GOM DIFFERENTIAL DAS AREA
Point

N. latitude

W. longitude

INGOM1

( 1)

69°30′

INGOM2

43°00′

69°30′

INGOM3

43°00′

70°00′

INGOM4

( 2)

70°00′

1

Intersection with ME shoreline.

2

North-facing shoreline of Cape Cod, MA.

(B) Offshore GOM Differential DAS Area. The Offshore GOM Differential DAS Area applies to
the following stocks of regulated species: GOM haddock, white hake, pollock, redfish,
witch flounder, American plaice, and Atlantic halibut. The Offshore GOM Differential DAS

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(n)(1)(i)(C)

Area is defined as the area bounded on the north by the shoreline of Maine, bounded on
the east by the U.S./Canadian maritime boundary, and bounded on the south and west by
straight lines connecting the following points in the order stated:

OFFSHORE GOM DIFFERENTIAL DAS AREA
Point

N. latitude

W. longitude

CII3

42°22′

67°20′

OFFGOM1

42°20′

67°20′

OFFGOM2

42°20′

70°00′

OFFGOM5

43°00′

70°00′

INGOM2

43°00′

69°30′

INGOM1

( 1)

69°30′

1

Intersection with ME shoreline.

(C) Inshore GB Differential DAS Area. The Inshore GB Differential DAS Area applies to the
following stocks of regulated species: Witch flounder, American plaice, white hake,
Atlantic halibut, redfish, pollock, CC/GOM yellowtail flounder, GB cod, GB haddock, SNE/
MA winter flounder, and Atlantic wolffish. The Inshore GB Differential DAS Area is defined
as the area bounded by straight lines connecting the following points in the order stated:

INSHORE GB DIFFERENTIAL DAS AREA
Point

N. latitude

W. longitude

G9

( 1)

70°00′

G10

42°20′

70°00′

IGB1

42°20′

68°50′

IGB2

41°00′

68°50′

IGB3

41°00′

69°30′

IGB4

41°10′

69°30′

IGB5

41°10′

69°50′

IGB6

41°20′

69°50′

IGB7

41°20′

70°00′

1

The intersection of the Cape Cod, MA, coastline and 70°00′ W. longitude.

2

South-facing shoreline of Cape Cod, MA.

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Point

N. latitude
2

G12

( )

50 CFR 648.82(n)(1)(i)(D)

W. longitude
70°00′

1

The intersection of the Cape Cod, MA, coastline and 70°00′ W. longitude.

2

South-facing shoreline of Cape Cod, MA.

(D) Offshore GB Differential DAS Area. The Offshore GB Differential DAS Area applies to the
following stocks of regulated species: Witch flounder, American plaice, Atlantic halibut,
northern windowpane flounder, GB cod, GB haddock, GB yellowtail flounder, and GB winter
flounder. The Offshore GB Differential DAS Area is defined as the area bounded on the
east by the U.S./Canadian maritime boundary and straight lines connecting the following
points in the order stated:

OFFSHORE GB DIFFERENTIAL DAS AREA
Point

N. latitude

W. longitude

IGB1

42°20′

68°50′

OGB1

42°20′

67°20′

CII3

( 1)

67°20′

OGB2

40°10′

( 1)

OGB3

40°10′

68°50′

IGB1

42°20′

68°50′

1

The U.S./Canada maritime boundary as it intersects with the EEZ.

(E) SNE/MA Differential DAS Area. The SNE/MA Differential DAS Area applies to the following
stocks of regulated species or ocean pout: SNE/MA winter flounder, SNE/MA yellowtail
flounder, southern windowpane flounder, and ocean pout. The SNE/MA Differential DAS

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(n)(1)(ii)

Area is defined as the area bounded on the north and west by the coastline of the United
States, bounded on the east and south by straight lines connecting the following points in
the order stated:

SNE/MA DIFFERENTIAL DAS AREA
Point

N. latitude

W. longitude

G12

( 1)

70°00′

IGB7

41°20′

70°00′

IGB6

41°20′

69°50′

IGB5

41°10′

69°50′

IGB4

41°10′

69°30′

IGB3

41°00′

69°30′

IGB2

41°00′

68°50′

SNEDA1

40°10′

68°50′

SNEDA2

40°10′

73°10′

SNEDA3

39°50′

73°10′

SNEDA4

39°50′

( 2)

1

South-facing shoreline of Cape Cod, MA.

2

East-facing shoreline of NJ.

(ii) Differential DAS counting factor. For determining the differential DAS counting AM specified in
this paragraph (n)(1), or the inseason differential DAS counting adjustment specified in
paragraph (o) of this section, the following differential DAS factor shall, except as provided in
paragraph (n)(1)(iii) of this section, be applied to the DAS accrual rate specified in paragraph
(e)(1) of this section, and implemented in a manner consistent with the Administrative
Procedure Act.

Differential DAS
factor

Proportion of ACL caught
0.5

0.5

0.6

0.6

0.7

0.7

0.8

0.8

0.9

No change

1.0

No change

1.1

1.1

1.2

1.2

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(n)(1)(iii)

Differential DAS
factor

Proportion of ACL caught
1.3

1.3

1.4

1.4

1.5

1.5

1.6

1.6

1.7

1.7

1.8

1.8

1.9

1.9

2.0

2.0

(iii) Mixed-stock exception. When determining the differential DAS counting AM specified in this
paragraph (n)(1), the Regional Administrator shall conduct an analysis to determine whether
the mixed-stock exception, as specified in § 600.310(m), may be applicable. If the analysis
concludes that the mixed-stock exception is applicable, the Regional Administrator shall modify
or not apply a differential DAS counting AM on specific stocks, as appropriate, in accordance
with the mixed-stock exception.
(iv) Fishing year 2012. Any adjustments to DAS counting necessary as a result of either
underharvesting or overharvesting any of the sub-ACLs specified for common pool vessels
during the 2011 fishing year pursuant to § 648.90(a)(4) shall become effective and remain
effective for the duration of fishing year 2012 in addition to the implementation of the trimester
TAC AM specified in paragraph (n)(2) of this section.
(2) Trimester TAC AM for fishing years 2012 and beyond. Beginning in fishing year 2012, common pool
vessels shall be subject to the following restrictions:
(i)

Trimester TACs —
(A) Trimester TAC distribution. With the exception of SNE/MA winter flounder, any sub-ACLs
specified for common pool vessels pursuant to § 648.90(a)(4) shall be apportioned into
4-month trimesters, beginning at the start of the fishing year (i.e., Trimester 1: May
1-August 31; Trimester 2: September 1-December 31; Trimester 3: January 1-April 30), as
follows:

PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH
TRIMESTER
Stock
GB cod

50 CFR 648.82(n)(2)(i)(A) (enhanced display)

Trimester 1
(percent)

Trimester 2
(percent)
28

Trimester 3
(percent)
34

38

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Stock

Trimester 1
(percent)

50 CFR 648.82(n)(2)(i)(B)

Trimester 2
(percent)

Trimester 3
(percent)

GOM cod

49

33

18

GB haddock

27

33

40

GOM haddock

27

26

47

GB yellowtail flounder

19

30

51

SNE/MA yellowtail flounder

21

28

51

CC/GOM yellowtail flounder

57

26

17

American plaice

74

8

18

Witch flounder

55

20

25

8

24

68

GOM winter flounder

37

38

25

Redfish

25

31

44

White hake

38

31

31

Pollock

28

35

37

GB winter flounder

(B) Trimester TAC adjustment. For stocks that have experienced early closures (e.g., Trimester
1 or Trimester 2 closures), the Regional Administrator may use the biennial adjustment
process specified in § 648.90 to revise the distribution of trimester TACs specified in
paragraph (n)(2)(i)(A) of this section. Future adjustments to the distribution of trimester
TACs shall use catch data for the most recent 5-year period prior to the reevaluation of
trimester TACs.
(ii) Stock area closures. Unless otherwise specified in this paragraph (n)(2)(ii), if the Regional
Administrator projects that 90 percent of the trimester TACs specified in paragraph (n)(2)(i) of
this section will be caught based upon available information, the Regional Administrator shall
close the area where 90 percent of the catch for each such stock occurred to all common pool
vessels on a NE multispecies DAS using gear capable of catching such stocks for the
remainder of that trimester, as specified in paragraphs (n)(2)(ii)(A) through (N) of this section,
in a manner consistent with the Administrative Procedure Act. For example, if the Regional
Administrator projects that 90 percent of the CC/GOM yellowtail flounder Trimester 1 TAC will
be caught, common pool vessels using trawl and gillnet gear shall be prohibited from fishing in
the CC/GOM Yellowtail Flounder Closure Area specified in paragraph (n)(2)(ii)(G) of this section
until the beginning of Trimester 2 on September 1 of that fishing year. Based upon all available
information, the Regional Administrator is authorized to expand or narrow the areas closed
under this paragraph (n)(2)(ii) in a manner consistent with the Administrative Procedure Act. If
it is not possible to identify an area where only 90 percent of the catch occurred, the Regional
Administrator shall close the smallest area possible where greater than 90 percent of the catch
occurred. Common pool vessels holding either a Handgear A or B permit and fishing with
handgear or tub trawls are exempt from stock area closures for white hake. The Regional
Administrator may exempt Handgear A and B permitted vessels from stock area closures for
other stocks pursuant to this paragraph (n)(2)(ii) if it is determined that catches of the
respective species or stock by these vessels are less than 1 percent of the common pool catch
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.82(n)(2)(ii)(A)

of that species or stock. The Regional Administrator shall make such determination prior to the
start of the fishing year through a notice published in the FEDERAL REGISTER, consistent with the
Administrative Procedure Act, and any such determination shall remain in effect until modified.
(A) GB Cod Trimester TAC Area. For the purposes of the trimester TAC AM closure specified in
paragraph (n)(2)(ii) of this section, the GB Cod Trimester TAC Area shall apply to common
pool vessels using trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded by straight lines connecting the following points in the order stated:

GB COD TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

42° 20′

70° 00′

2

42° 20′

(1)

3

41° 50′

(1)

4

41° 50′

67° 40′

5

41° 10′

67° 40′

6

41° 10′

67° 10′

7

41° 00′

67° 10′

8

41° 00′

67° 00′

9

40° 50′

67° 00′

10

40° 50′

66° 50′

11

40° 40′

66° 50′

12

40° 40′

66° 40′

13

39° 50′

66° 40′

14

39° 50′

68° 50′

15

41° 00′

68° 50′

16

41° 00′

69° 30′

17

41° 10′

69° 30′

18

41° 10′

69° 50′

19

41° 20′

69° 50′

20

41° 20′

(2)

21

( 3)

70° 00′

22

( 4)

70° 00′

1

U.S./Canada maritime boundary.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Cape Cod, MA.

5

North-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(A) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point

N. Latitude
5

23

( )

50 CFR 648.82(n)(2)(ii)(B)

W. Longitude
70° 00′

1

U.S./Canada maritime boundary.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Cape Cod, MA.

5

North-facing shoreline of Cape Cod, MA.

(B) GOM Cod Trimester TAC Area. For the purposes of the trimester TAC AM closure specified
in paragraph (n)(2)(ii) of this section, the GOM Cod Trimester TAC Area shall apply to
common pool vessels using trawl gear, sink gillnet gear, and longline/hook gear within the
area bounded on the south, west, and north by the shoreline of the United States and
bounded on the east by straight lines connecting the following points in the order stated:

GOM COD TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

( 1)

69° 20′

2

43° 40′

69° 20′

3

43° 40′

69° 00′

4

43° 10′

69° 00′

5

43° 10′

69° 10′

6

43° 00′

69° 10′

7

43° 00′

69° 20′

8

42° 50′

69° 20′

9

42° 50′

69° 40′

10

42° 20′

69° 40′

11

42° 20′

70° 00′

1

Intersection with ME shoreline.

2

North-facing shoreline of Cape Cod, MA.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point

N. Latitude
2

12

( )

50 CFR 648.82(n)(2)(ii)(C)

W. Longitude
70° 00′

1

Intersection with ME shoreline.

2

North-facing shoreline of Cape Cod, MA.

(C) GB Haddock Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the GB Haddock Trimester TAC Area shall
apply to common pool vessels using trawl gear, sink gillnet gear, and longline/hook gear
within the area bounded by straight lines connecting the following points in the order
stated:

GB HADDOCK TRIMESTER TAC AREA
Point

N. latitude

W. longitude

GB1

42°20′

70°00′

GB2

42°20′

( 1)

GB3

40°30′

( 1)

GB4

40°30′

66°40′

GB5

39°50′

66°40′

GB6

39°50′

68°50′

GB7

41°00′

68°50′

GB8

41°00′

69°30′

GB9

41°10′

69°30′

GB10

41°10′

69°50′

GB11

41°20′

69°50′

GB12

41°20′

( 2)

GB13

( 3)

70°00′

GB14

( 4)

70°00′

GB15

( 5)

70°00′

1

U.S./Canada maritime boundary.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Cape Cod, MA.

5

North-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(C) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
GB1

50 CFR 648.82(n)(2)(ii)(D)

N. latitude
42°20′

W. longitude
70°00′

1

U.S./Canada maritime boundary.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Cape Cod, MA.

5

North-facing shoreline of Cape Cod, MA.

(D) GOM Haddock Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the GOM Haddock Trimester TAC Area
shall apply to common pool vessels using trawl gear, sink gillnet gear, and longline/hook
gear within the area bounded on the south, west, and north by the shoreline of the United
States and bounded on the east by straight lines connecting the following points in the
order stated:

GOM HADDOCK TRIMESTER TAC AREA
Point

N. latitude

W. longitude

GOM1

( 1)

69°20′

GOM2

43°40′

69°20′

GOM3

43°40′

69°00′

GOM4

43°20′

69°00′

GOM5

43°20′

67°40′

GOM6

( 2)

67°40′

GOM7

42°53.1′

67°44.4′

GOM8

( 2)

67°40′

GOM9

42°20′

67°40′

GOM10

42°20′

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

North-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(D) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point

N. latitude

W. longitude

3

GOM12

50 CFR 648.82(n)(2)(ii)(E)

( )

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

North-facing shoreline of Cape Cod, MA.

(E) GB Yellowtail Flounder Trimester TAC Area. For the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii) of this section, the GB Yellowtail Flounder
Trimester TAC Area shall apply to common pool vessels using trawl gear and sink gillnet
gear within the area bounded by straight lines connecting the following points in the order
stated:

GB YELLOWTAIL FLOUNDER TRIMESTER TAC AREA
Point

N. latitude

W. longitude

GB1

42°20′

68°50′

GB2

42°20′

( 1)

GB3

40°30′

( 1)

GB4

40°30′

66°40′

GB5

39°50′

66°40′

GB6

39°50′

68°50′

1

U.S./Canada maritime boundary.

50 CFR 648.82(n)(2)(ii)(E) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. latitude

GB1
1

50 CFR 648.82(n)(2)(ii)(F)

42°20′

W. longitude
68°50′

U.S./Canada maritime boundary.

(F) SNE/MA Yellowtail Flounder Trimester TAC Area. For the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii) of this section, the SNE/MA Yellowtail Flounder
Trimester TAC Area shall apply to common pool vessels using trawl gear and sink gillnet
gear within the area bounded by straight lines connecting the following points in the order
stated:

SNE/MA YELLOWTAIL FLOUNDER TRIMESTER TAC AREA
Point

N. latitude

W. longitude

SNEMA1

(1)

70°00′

SNEMA2

(2)

70°00′

SNEMA3

(3)

70°00′

SNEMA4

39°50′

70°00′

SNEMA5

39°50′

71°40′

SNEMA6

40°00′

71°40′

SNEMA7

40°00′

73°00′

SNEMA8

(4)

73°00′

SNEMA9

41°00′

( 5)

SNEMA10

41°00′

71°40′

1

South-facing shoreline of Cape Cod, MA.

2

North-facing shoreline of Nantucket, MA.

3

South-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Long Island, NY.

5

East-facing shoreline of Long Island, NY.

6

Intersection with RI shoreline.

50 CFR 648.82(n)(2)(ii)(F) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. latitude
6

SNEMA11

50 CFR 648.82(n)(2)(ii)(G)

( )

1

South-facing shoreline of Cape Cod, MA.

2

North-facing shoreline of Nantucket, MA.

3

South-facing shoreline of Nantucket, MA.

4

South-facing shoreline of Long Island, NY.

5

East-facing shoreline of Long Island, NY.

6

Intersection with RI shoreline.

W. longitude
71°40′

(G) CC/GOM Yellowtail Flounder Trimester TAC Area. For the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii) of this section, the CC/GOM Yellowtail Flounder
Trimester TAC Area shall apply to common pool vessels using trawl gear and sink gillnet
gear within the area bounded by straight lines connecting the following points in the order
stated:

CC/GOM YELLOWTAIL FLOUNDER TRIMESTER TAC AREA
Point

N. latitude

W. longitude

CCGOM1

42°50'

( 1)

CCGOM2

42°50′

69°40′

CCGOM3

42°20′

69°40′

CCGOM4

42°20′

68°50′

CCGOM5

41°00′

68°50′

CCGOM6

41°00′

69°30′

CCGOM7

41°10′

69°30′

CCGOM8

41°10′

69°50′

CCGOM9

41°20′

69°50′

CCGOM10

41°20′

( 2)

CCGOM11

( 3)

70°00′

1

Intersection with MA shoreline.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of MA.

50 CFR 648.82(n)(2)(ii)(G) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

50 CFR 648.82(n)(2)(ii)(H)

N. latitude
4

CCGOM12

( )

1

Intersection with MA shoreline.

2

East-facing shoreline of Nantucket, MA.

3

North-facing shoreline of Nantucket, MA.

4

South-facing shoreline of MA.

W. longitude
70°00′

(H) American Plaice Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the American Plaice Trimester TAC Area
shall apply to common pool vessels using trawl gear within the area bounded by straight
lines connecting the following points in the order stated:

AMERICAN PLAICE TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

( 1)

68°00′

2

44°10′

67°50′

3

44°00′

67°50′

4

44°00′

67°40′

5

( 2)

67°40′

6

42°53.1′

67°44.4′

7

( 2)

67°40′

8

41°10′

67°40′

9

41°10′

67°10′

10

41°00′

67°10′

11

41°00′

67°00′

12

40°50′

67°00′

13

40°50′

66°50′

14

40°40′

66°50′

15

40°40′

66°40′

16

39°50′

66°40′

17

39°50′

68°50′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(H) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. Latitude

W. Longitude

18

41°00′

68°50′

19

41°00′

69°30′

20

41°10′

69°30′

21

41°10′

69°50′

22

41°20′

69°50′

23

41°20′

(3)

24

( 4)

70°00′

25

( 5)

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

(I)

50 CFR 648.82(n)(2)(ii)(I)

Witch Flounder Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the Witch Flounder Trimester TAC Area
shall apply to common pool vessels using trawl gear within the area bounded by straight
lines connecting the following points in the order stated:

WITCH FLOUNDER TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

( 1)

68°00′

2

44°10′

67°50′

3

44°00′

67°50′

4

44°00′

67°40′

5

( 2)

67°40′

6

42°53.1′

67°44.4′

7

( 2)

67°40′

8

41°10′

67°40′

9

41°10′

67°10′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(I) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. Latitude

W. Longitude

10

41°00′

67°10′

11

41°00′

67°00′

12

40°50′

67°00′

13

40°50′

66°50′

14

40°40′

66°50′

15

40°40′

66°40′

16

39°50′

66°40′

17

39°50′

68°50′

18

41°00′

68°50′

19

41°00′

69°30′

20

41°10′

69°30′

21

41°10′

69°50′

22

41°20′

69°50′

23

41°20′

(3)

24

( 4)

70°00′

25

( 5)

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(J)

(J) GB Winter Flounder Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the GB Winter Flounder Trimester TAC Area
shall apply to common pool vessels using trawl gear within the area bounded by straight
lines connecting the following points in the order stated:

GB WINTER FLOUNDER TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

42°20′

68°50′

2

42°20′

(1)

3

40°30′

(1)

4

40°30′

66°40′

5

39°50′

66°40′

1

U.S./Canada maritime boundary

50 CFR 648.82(n)(2)(ii)(J) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
6
1

50 CFR 648.82(n)(2)(ii)(K)

N. Latitude
39°50′

W. Longitude
68°50′

U.S./Canada maritime boundary

(K) GOM Winter Flounder Trimester TAC Area. For the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii) of this section, the GOM Winter Flounder Trimester
TAC Area shall apply to common pool vessels using trawl gear and sink gillnet gear within
the area bounded by straight lines connecting the following points in the order stated:

GOM WINTER FLOUNDER TRIMESTER TAC AREA
Point

N. latitude

W. longitude

GOM1

42°50′

( 1)

GOM2

42°50′

69°40′

GOM3

42°20′

69°40′

GOM4

42°20′

70°00′

GOM5

( 2)

70°00′

1

Intersection with MA shoreline

2

North-facing shoreline of Cape Cod, MA

(L) Redfish Trimester TAC Area. For the purposes of the trimester TAC AM closure specified in
paragraph (n)(2)(ii) of this section, the Redfish Trimester TAC Area shall apply to common
pool vessels using trawl gear within the area bounded by straight lines connecting the
following points in the order stated:

REDFISH TRIMESTER TAC AREA
Point
RF1

N. latitude
( 1)

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(L) (enhanced display)

W. longitude
69°20′

page 92 of 222

50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. latitude

W. longitude

RF2

43°40′

69°20′

RF3

43°40′

69°00′

RF4

43°20′

69°00′

RF5

43°20′

67°40′

2

RF6

( )

67°40′

RF7

42°53.1′

67°44.4′

2

RF8

( )

67°40′

RF9

41°20′

67°40′

RF10

41°20′

68°10′

RF11

41°10′

68°10′

RF12

41°10′

68°20′

RF13

41°00′

68°20′

RF14

41°00′

69°30′

RF15

41°10′

69°30′

RF16

41°10′

69°50′

RF17

41°20′

69°50′

RF18

41°20′

( 3)

RF19

( 4)

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(L) (enhanced display)

50 CFR 648.82(n)(2)(ii)(L)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. latitude
5

RF20

( )

50 CFR 648.82(n)(2)(ii)(M)

W. longitude
70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

(M) White Hake Trimester TAC Area. For the purposes of the trimester TAC AM closure
specified in paragraph (n)(2)(ii) of this section, the White Hake Trimester TAC Area shall
apply to common pool vessels using trawl gear, sink gillnet gear, and longline/hook gear,
except for Handgear A and B permitted vessels using handgear or tub trawls, within the
area bounded by straight lines connecting the following points in the order stated:

WHITE HAKE TRIMESTER TAC AREA
Point

N. Latitude

W. Longitude

1

( 1)

69°20′

2

43°40′

69°20′

3

43°40′

69°00′

4

43°20′

69°00′

5

43°20′

67°40′

6

( 2)

67°40′

7

42°53.1′

67°44.4′

8

( 2)

67°40′

9

41°20′

67°40′

10

41°20′

68°10′

11

41°10′

68°10′

12

41°10′

68°20′

13

41°00′

68°20′

14

41°00′

69°30′

15

41°10′

69°30′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(M) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. Latitude

W. Longitude

16

41°10′

69°50′

17

41°20′

69°50′

18

41°20′

(3)

19

( 4)

70°00′

20

5

70°00′

( )

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(N)

(N) Pollock Trimester TAC Area. For the purposes of the trimester TAC AM closure specified in
paragraph (n)(2)(ii) of this section, the Pollock Trimester TAC Area shall apply to common
pool vessels using trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded by straight lines connecting the following points in the order stated:

POLLOCK TRIMESTER TAC AREA
Point

N. latitude

W. longitude

RF1

( 1)

69°20′

RF2

43°40′

69°20′

RF3

43°40′

69°00′

RF4

43°20′

69°00′

RF5

43°20′

67°40′

RF6

( 2)

67°40′

RF7

42°53.1′

67°44.4′

RF8

( 2)

67°40′

RF9

41°20′

67°40′

RF10

41°20′

68°10′

RF11

41°10′

68°10′

RF12

41°10′

68°20′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(ii)(N) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N. latitude

W. longitude

RF13

41°00′

68°20′

RF14

41°00′

69°30′

RF15

41°10′

69°30′

RF16

41°10′

69°50′

RF17

41°20′

69°50′

RF18

41°20′

( 3)

RF19

( 4)

70°00′

RF20

( 5)

70°00′

1

Intersection with ME shoreline.

2

U.S./Canada maritime boundary.

3

East-facing shoreline of Nantucket, MA.

4

North-facing shoreline of Nantucket, MA.

5

South-facing shoreline of Cape Cod, MA.

50 CFR 648.82(n)(2)(iii)

(iii) Trimester TAC overage/underage. If any trimester TAC, as specified in paragraph (n)(2)(i) of this
section, is not caught during Trimester 1 or 2, the uncaught portion of the trimester TAC shall
be carried forward into the next trimester. Uncaught portions of any trimester TAC following
Trimester 3 may not be carried over into the following fishing year. If any trimester TAC is
exceeded during the Trimesters 1 or 2, the overage shall be deducted from the Trimester 3 TAC
for that stock. If the entire sub-ACL for a particular stock that is allocated to the common pool
is exceeded (i.e., the common pool catch of that stock at the end of the fishing year, including
the common pool's share of any overage of the overall ACL for a particular stock caused by
excessive catch by other sub-components of the fishery pursuant to § 648.90(a)(5), exceeds all
three trimester TACs for that stock combined), an amount equal to the overage shall be
deducted from the sub-ACL for that stock that is allocated to common pool vessels pursuant to
§ 648.90(a)(4) for the following fishing year.
(iv) [Reserved]
(v) Adjustments to trimester TACs. The distribution of trimester TACs specified in paragraph
(n)(2)(i) of this section may be revised pursuant to the biennial adjustment or framework
process specified in § 648.90(a)(2) and shall use the distribution of landings of the most recent
5-year period available.
(vi) Trip limit adjustment. When 60 percent of the northern or southern windowpane flounder, ocean
pout, or Atlantic halibut sub-ACLs specified for common pool vessels pursuant to §
648.90(a)(4)(iii)(H)(2) is projected to be caught, the Regional Administrator may specify,
consistent with the APA, a possession limit for these stocks that is calculated to prevent the
yearly sub-ACL from being exceeded prior to the end of the fishing year.
(vii) SNE/MA winter flounder AM. If the common pool fishery sub-ACL for SNE/MA winter flounder is
exceeded, including the common pool's share of any overage of the total ACL, as specified at §
648.90(a)(5), by an amount that exceeds the management uncertainty buffer, the AM described
in this paragraph would be implemented in the following fishing year. The AM would be
50 CFR 648.82(n)(2)(vii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(n)(2)(vii)

effective for the entire fishing year. Common pool vessels fishing on a NE Multispecies DAS
with trawl gear may only use a haddock separator trawl, as specified in § 648.85(a)(3)(iii)(A); a
Ruhle trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in §
648.84(e); or any other gear approved consistent with the process defined in § 648.85(b)(6) in
the SNE/MA Winter Flounder Trawl Gear AM Areas. The AM areas are defined below, and are
bounded by the following coordinates, connected in the order listed by straight lines, unless
otherwise noted.

SNE/MA WINTER FLOUNDER TRAWL GEAR AM AREA 1
Point

N. Latitude

W. Longitude

1

41°10′

71°40′1

2

41°10′

71°20′

3

41°00′

71°20′

4

41°00′

71°40′

1

Point 1 connects to Point 2 along 41°10′ N or the southern coastline of Block Island, RI, whichever is
farther south.

SNE/MA WINTER FLOUNDER TRAWL GEAR AM AREA 2
Point

N. Latitude

W. Longitude

1

41°20′

70°30′

2

41°20′

70°20′

3

41°00′

70°20′

4

41°00′

70°30′

SNE/MA WINTER FLOUNDER TRAWL GEAR AM AREA 3
Point

N. Latitude

W. Longitude

1

41°20′

69°20′

2

41°20′

69°10′

3

41°10′

69°10′

50 CFR 648.82(n)(2)(vii) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
4

N. Latitude
41°10'

50 CFR 648.82(o)

W. Longitude
69°20'

SNE/MA WINTER FLOUNDER TRAWL GEAR AM AREA 4
Point

N. Latitude

W. Longitude

1

41°20′

69°20′

2

41°20′

(1)

3

( 1)

69°00′

4

41°00′

69°00′

5

41°00′

69°10′

6

41°10′

69°10′

7

41°10′

69°20′

(1 )

The southwest-facing boundary of Closed Area I.

(o) Inseason adjustment to differential DAS counting for NE multispecies common pool vessels.
(1) In addition to the DAS accrual provisions specified in paragraphs (e) and (n) of this section, and other
measures specified in this part, common pool vessels are subject to the following restrictions: The
Regional Administrator shall project the catch of regulated species or ocean pout by common pool
vessels and shall determine whether such catch will exceed any of the sub-ACLs specified for
common pool vessels as described in § 648.90(a)(4). This projection shall include catch by common
pool vessels, as well as available information, regarding the catch of regulated species and ocean
pout by vessels fishing for NE multispecies in State waters outside of the authority of the FMP,
vessels fishing in exempted fisheries, and vessels fishing in the Atlantic sea scallop fishery. If it is
projected that catch will exceed or under-harvest the common pool sub-ACL, the Regional
Administrator may, at any time during the fishing year, implement a differential DAS counting factor
to all Category A DAS used within the pertinent stock area(s), as specified in paragraph (n)(1)(i) of
this section, in a manner consistent with the Administrative Procedure Act. Notwithstanding the fact
that the differential DAS accountability measures described in paragraph (n)(1) of this section are
intended to address potential over-harvests in fishing year 2010 and 2011, the scope of the Regional
Administrator authority specified in this paragraph (o) is not limited to FY 2010 and 2011.
(2) The differential DAS counting factor shall be based on the projected proportion of the sub-ACL of
each NE multispecies stock caught by common pool vessels, rounded to the nearest even tenth, as
specified in paragraph (n)(1)(ii) of this section, unless otherwise specified in § 648.90(a)(5). For
example, if the Regional Administrator projects that common pool vessels will catch 1.18 times the
sub-ACL for GOM cod by the end of fishing year 2010, the Regional Administrator may implement a
differential DAS counting factor of 1.2 to all Category A DAS used by common pool vessels within
the Inshore GOM Differential DAS Area during fishing year 2010 (i.e., Category A DAS will be charged
50 CFR 648.82(o)(2) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.82(o)(3)

at a rate of 28.8 hr for every 24 hr fished—1.2 times 24-hr DAS counting). If it is projected that catch
will simultaneously exceed or underharvest the sub-ACLs for several regulated species stocks within
a particular stock area, the Regional Administrator may implement the most restrictive differential
DAS counting factor derived from paragraph (n)(1)(ii) of this section for the sub-ACLs exceeded or
underharvested to any Category A DAS used by common pool vessels within that particular stock
area. For example, if it is projected that the common pool vessel catch will exceed the GOM cod subACL by a factor of 1.2 and the CC/GOM yellowtail flounder sub-ACL by a factor of 1.1, the Regional
Administrator may implement a differential DAS counting factor of 1.2 to any Category A DAS fished
by common pool vessels within the Inshore GOM Differential DAS Area during the fishing year. For
any inseason differential DAS counting factor implemented, the differential DAS counting factor shall
be applied against the DAS accrual provisions specified in paragraph (e)(1)(i) of this section for the
time spent fishing in the applicable differential DAS counting area based upon the first VMS position
into the applicable differential DAS counting area and the first VMS position outside of the applicable
differential DAS counting area pursuant to § 648.10. For example, if a vessel fished 12 hr inside a
differential DAS counting area where a differential DAS counting factor of 1.2 would be applied, and
12 hr outside of the differential DAS counting area, the vessel would be charged 48 hr of DAS,
because DAS would be charged in 24-hr increments ((12 hr inside the area × 1.2 = 14.4 hr) + 12 hr
outside the area, rounded to the next 24-hr increment to determine DAS charged).
(3) For any inseason differential DAS counting factor implemented in fishing year 2011, the inseason
differential DAS counting factor shall be applied in accordance with the DAS accrual provisions
specified in paragraph (e)(1)(i) of this section, and, if pursuant to paragraph (n)(1) of this section, in
conjunction with a differential DAS counting factor also implemented for the same differential DAS
area during fishing year 2011 as an AM. For example, if a differential DAS counting factor of 1.2 was
applied to the Inshore GOM Differential DAS Area during fishing year 2011, as an AM due to a
20-percent overage of the GOM cod sub-ACL in fishing year 2010, and during fishing year 2011 the
GOM cod sub-ACL was projected to be exceeded by 30 percent, an additional differential DAS factor
of 1.3 would be applied to the DAS accrual rate as an inseason action during fishing year 2011.
Under this example, the DAS accrual rate after both the AM and the inseason differential DAS rate is
applied to FY 2011 in the Inshore GOM Differential DAS Counting Area would be 37.4 hr charged for
every 24 hr fished—1.2 × 1.3 × 24-hr DAS charge.
[69 FR 22969, Apr. 27, 2004]

Editorial Notes: 1. For FEDERAL REGISTER citations affecting § 648.82, see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
2. At 75 FR 18319, Apr. 9, 2010, in § 648.82, paragraph (e)(1)(ii) was revised, however no (e)(1)(ii) existed, so it
could not be revised.

§ 648.83 Multispecies minimum fish sizes.
(a) Minimum fish sizes.

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(1) Minimum fish sizes for recreational vessels and charter/party vessels that are not fishing under a NE
multispecies DAS are specified in § 648.89. Except as provided in §§ 648.11(l)(10)(i)(E) and 648.17,
all other vessels are subject to the following minimum fish sizes, determined by total length (TL):

TABLE 1 TO PARAGRAPH (a)(1)—MINIMUM FISH SIZES (TL) FOR COMMERCIAL
VESSELS
Species

Size in inches

Cod

19 (48.3 cm).

Haddock

16 (40.6 cm).

Pollock

19 (48.3 cm).

Witch flounder (gray sole)

13 (33 cm).

Yellowtail flounder

12 (30.5 cm).

American plaice (dab)

12 (30.5 cm).

Atlantic halibut

41 (104.1 cm).

Winter flounder (blackback)

12 (30.5 cm).

Redfish

7 (17.8 cm).

(2) The minimum fish size applies to whole fish or to any part of a fish while possessed on board a
vessel, except as provided in paragraph (b) of this section, and to whole, whole-gutted or gilled fish
only, after landing. For purposes of determining compliance with the possession limits in § 648.86,
the weight of fillets and parts of fish, other than whole-gutted or gilled fish, will be multiplied by 3.
Fish fillets, or parts of fish, must have skin on while possessed on board a vessel and at the time of
landing in order to meet minimum size requirements. “Skin on” means the entire portion of the skin
normally attached to the portion of the fish or to fish parts possessed is still attached.
(b) Exceptions.
(1) Each person aboard a vessel issued a NE multispecies limited access permit and fishing under the
NE multispecies DAS program or on a sector trip may possess up to 25 lb (11.3 kg) of fillets that
measure less than the minimum size, if such fillets are from legal-sized fish and are not offered or
intended for sale, trade, or barter. The weight of fillets and parts of fish, other than whole-gutted or
gilled fish, shall be multiplied by 3. For the purposes of accounting for all catch by sector vessels as
specified at § 648.87(b)(1)(v), the weight of all fillets and parts of fish, other than whole-gutted or
gilled fish reported for at-home consumption shall be multiplied by a factor of 3.
(2) Recreational, party, and charter vessels may possess fillets less than the minimum size specified, if
the fillets are taken from legal-sized fish and are not offered or intended for sale, trade or barter.
(3) Vessels fishing exclusively with pot gear may possess NE multispecies frames used, or to be used,
as bait, that measure less than the minimum fish size, if there is a receipt for purchase of those
frames on board the vessel.

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(4) Vessels that have a Category A or B Herring Permit may possess and land haddock and other
regulated species that are smaller than the minimum size specified under § 648.83, consistent with
the bycatch caps specified in § 648.86(a)(3) and (k). Such fish may not be sold for human
consumption.
(c) Adjustments.
(1) At any time when information is available, the NEFMC will review the best available mesh selectivity
information to determine the appropriate minimum size for the species listed in paragraph (a) of this
section, except winter flounder, according to the length at which 25 percent of the regulated species
would be retained by the applicable minimum mesh size.
(2) Upon determination of the appropriate minimum sizes, the NEFMC shall propose the minimum fish
sizes to be implemented following the procedures specified in § 648.90.
(3) Additional adjustments or changes to the minimum fish sizes specified in paragraph (a) of this
section, and exemptions specified in paragraph (b) of this section, may be made at any time after
implementation of the final rule as specified under § 648.90.
[69 FR 22974, Apr. 27, 2004, as amended at 71 FR 46876, Aug. 15, 2006; 72 FR 11276, Mar. 12, 2007; 75 FR 18328, Apr. 9, 2010; 76
FR 42585, July 19, 2011; 78 FR 26158, May 3, 2013; 85 FR 26885, May 6, 2020; 87 FR 75886, Dec. 9, 2022]

§ 648.84 Gear-marking requirements and gear restrictions.
(a) Bottom-tending fixed gear, including, but not limited to, gillnets and longlines designed for, capable of, or
fishing for NE multispecies or monkfish, must have the name of the owner or vessel or the official number
of that vessel permanently affixed to any buoys, gillnets, longlines, or other appropriate gear so that the
name of the owner or vessel or the official number of the vessel is visible on the surface of the water.
(b) Bottom-tending fixed gear, including, but not limited to gillnets or longline gear, must be marked so that
the westernmost end (measuring the half compass circle from magnetic south through west to, and
including, north) of the gear displays a standard 12-inch (30.5-cm) tetrahedral corner radar reflector and a
pennant positioned on a staff at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the half
compass circle from magnetic north through east to, and including, south) of the gear need display only
the standard 12-inch (30.5-cm) tetrahedral radar reflector positioned in the same way.
(c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) between the end buoys.
(d) In the GOM and GB regulated mesh area specified in § 648.80(a), gillnet gear set in an irregular pattern or
in any way that deviates more than 30° from the original course of the set must be marked at the
extremity of the deviation with an additional marker, which must display two or more visible streamers
and may either be attached to or independent of the gear.
(e) Rope separator trawl. A rope separator trawl is defined as a four-seam bottom trawl net (i.e., a net with a
top and bottom panel and two side panels) modified to include both a horizontal separator panel and an
escape opening in the bottom belly of the net below the separator panel, as further specified in
paragraphs (e)(1) through (3) of this section.
(1) Mesh size. The minimum mesh size applied throughout the body and extension of a rope separator
trawl must be 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, or any
combination thereof. Mesh in the bottom belly of the net must be 13-inch (33-cm) diamond mesh.
Unless otherwise specified in this part, the codend mesh size must be consistent with mesh size
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requirements specified in § 648.80. The mesh size of a particular section of the rope separator trawl
is measured in accordance with § 648.80(f)(2), unless insufficient numbers of mesh exist, in which
case the maximum total number of meshes in the section will be measured (between 2 and 20
meshes).
(2) Separator panel. The separator panel must consist of parallel lines made of fiber rope, the ends of
which are attached to each side of the net starting at the forward edge of the square of the net and
running aft toward the extension of the net. The leading rope must be attached to the side panel at a
point at least 1⁄3 of the number of meshes of the side panel above the lower gore, and the panel of
ropes shall slope downward toward the extension of the net. For example, if the side panel of the net
is 42 meshes tall, the leading rope must be attached at least 14 meshes above the lower gore. The
forward 2⁄3 of the separator ropes that comprise the separator panel must be no farther than 26
inches (66 cm) apart, with the after 1⁄3 of the separator ropes that comprise the separator panel
being no farther than 13 inches (33 cm) apart. The ends of the aftermost rope shall be attached to
the bottom belly at a point 1⁄6 of the number of meshes of the after end of the bottom belly below the
lower gore. The separator ropes should be of sufficient length not to impinge upon the overall shape
of the net without being too long to compromise the selectivity of the net. The separator ropes may
not be manipulated in any way that would inhibit the selectivity of the net by causing the separator
ropes to dip toward the bottom belly of the net and obscure the escape opening, as defined in
paragraph (e)(3) of this section.
(3) Escape opening. The escape opening must be positioned in the bottom belly of the net behind the
sweep and terminate under the separator panel, as described in paragraph (e)(2) of this section.
Longitudinal lines may be used to maintain the shape of the escape opening, as necessary. The
escape opening shall be at least 18 meshes in both length and width.
(f) Large-mesh belly panel trawl. A large-mesh belly panel trawl is defined as a four-seam bottom trawl net
(i.e., a net with a top and bottom panel and two side panels) modified to include a large-mesh panel to
replace the first bottom belly, as further specified in paragraphs (f)(1) through (3) of this section.
(1) Mesh size. The minimum mesh size applied throughout the body of the trawl, as well as the codend
mesh size, must be consistent with mesh size requirements specified in § 648.80. If a vessel is
fishing in an exemption area or an exempted fishery, it must comply with all of the requirements and
conditions of the exemption.
(2) Large-mesh belly panel. The large-mesh belly panel must have a minimum mesh size of 30 in (76.2
cm) measured using the standard defined in § 648.80(f)(2). The owner or operator of a fishing
vessel shall not use any mesh construction, mesh configuration, or other means on, in, or attached to
the regulated portion of the net, as defined in this paragraph (f)(2), if it obstructs or constricts the
meshes of the net in any manner. The width of the panel must extend the full width of the bottom
panel (i.e., from one bottom gore to the other bottom gore). To determine the width of the largemesh panel please see the explanation, and example provided below. The depth must be at least 90
in (228.6 cm) and at least three meshes deep (two meshes deep with a 15-in (38.1-cm) sewing seam
on top and bottom). No more than six meshes of the small-mesh net may be left behind the sweep,
before the large-mesh panel is sewn in.
(3) Determining panel width example. Assume the large-mesh twine is 30 in (76.2 cm) knot center to
knot center (KKFM), two meshes deep with a 15-in (38.1-cm) sewing seam on the top and bottom. In
most cases, the existing first bottom-belly twine sizes are 12 cm (4.7 in) KKFM and 16 cm (6.3 in)
KKFM yielding ratios of 20:3 and 5:1, respectively. Therefore, to determine the required width of large
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50 CFR 648.85

mesh panel, take the number of meshes of the existing belly and divide by the ratio. If the existing
twine is 16 cm (6.3 in) KKFM, and the belly, six meshes behind the sweep is 150 meshes wide, you
would divide 150 by 5:1 to get the width of the large-mesh panel, 30 meshes.
[69 FR 22974, Apr. 27, 2004, as amended at 78 FR 26158, May 3, 2013; 85 FR 13073, Mar. 6, 2020]

§ 648.85 Special management programs.
(a) U.S./Canada Resource Sharing Understanding. No NE multispecies fishing vessel, or person on such
vessel, may enter, fish in, or be in the U.S./Canada Resource Sharing Understanding Management Areas
(U.S./Canada Management Areas), as defined in paragraph (a)(1) of this section, unless the vessel is
fishing in accordance with the restrictions and conditions of this section. These restrictions do not
preclude fishing under an approved Special Access Program specified under paragraph (b) of this section.
(1) U.S./Canada Management Areas. A vessel issued a NE multispecies permit that meets the
requirements of paragraph (a)(3) of this section may fish in the U.S./Canada Management Areas
described in paragraphs (a)(1)(i) and (ii) of this section.
(i)

Western U.S./Canada Area. The Western U.S./Canada Area is the area defined by straight lines
connecting the following points in the order stated (a chart depicting this area is available from
the Regional Administrator upon request):

WESTERN U.S./CANADA AREA
Point

N. lat.

W. long.

USCA 1

42°20′

68°50′

USCA 2

39°50′

68°50′

USCA 3

39°50′

66°40′

USCA 4

40°40′

66°40′

USCA 5

40°40′

66°50′

USCA 6

40°50′

66°50′

USCA 7

40°50′

67°00′

USCA 8

41°00′

67°00′

USCA 9

41°00′

67°20′

USCA 10

41°10′

67°20′

USCA 11

41°10′

67°40′

USCA 12

42°20′

67°40′

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Point

50 CFR 648.85(a)(1)(ii)

N. lat.

USCA 1

42°20′

W. long.
68°50′

(ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the area defined by straight lines
connecting the following points in the order stated (a chart depicting this area is available from
the Regional Administrator upon request):

EASTERN U.S./CANADA AREA
Point

N. latitude

W. longitude

USCA 12

42°20′

67°40′

USCA 11

41°10′

67°40′

USCA 10

41°10′

67°20′

USCA 9

41°00′

67°20′

USCA 8

41°00′

67°00′

USCA 7

40°50′

67°00′

USCA 6

40°50′

66°50′

USCA 5

40°40′

66°50′

USCA 4

40°40′

66°40′

USCA 15

40°30′

66°40′

USCA 14

40°30′

65°44.3′

USCA 13

42°20′

67°18.4′

USCA 12

42°20′

67°40′

(2) TAC allocation —
(i)

Process for establishing TACs. The amount of GB cod and haddock TAC that may be harvested
from the Eastern U.S./Canada Area described in paragraph (a)(1)(ii) of this section, and the
amount of GB yellowtail flounder TAC that may be harvested from the Western U.S./Canada
Area and the Eastern U.S./Canada Area, as described in paragraphs (a)(1)(i) and (ii) of this
section, combined, shall be determined by the process specified in paragraphs (a)(2)(i)(A)
through (D) of this section.
(A) To the extent practicable, by June 30 of each year, the Terms of Reference for the
U.S./Canada shared resources for GB cod, haddock, and yellowtail flounder shall be
established by the Steering Committee and the Transboundary Management Guidance
Committee (TMGC).

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(B) To the extent practicable, by July 31 of each year, a Transboundary Resource Assessment
Committee (TRAC) joint assessment of the U.S./Canada shared resources for GB cod,
haddock and yellowtail flounder shall occur.
(C) To the extent practicable, by August 31 of each year, the TMGC shall recommend TACs for
the U.S./Canada shared resources for GB cod, haddock, and yellowtail flounder. Prior to
October 31 of each year, the Council may refer any or all recommended TACs back to the
TMGC and request changes to any or all TACs. The TMGC shall consider such
recommendations and respond to the Council prior to October 31.
(D) To the extent practicable, by October 31 of each year, the Council shall review the TMGC
recommended TACs for the U.S. portion of the U.S./Canada Management Area resources
for GB cod, haddock, and yellowtail flounder. Based on the TMGC recommendations, the
Council shall recommend to the Regional Administrator the U.S. TACs for the shared
stocks for the subsequent fishing year as a subset of the ACLs for these stocks available
to the commercial fishery pursuant to § 648.90(a)(4). NMFS shall review the Council's
recommendations and shall publish the proposed TACs in the FEDERAL REGISTER and
provide a 30-day public comment period. NMFS shall make a final determination
concerning the TACs and publish notification of the approved TACs and responses to
public comments in the FEDERAL REGISTER. The Council, at this time, may also consider
modification of management measures in order to ensure compliance with the
U.S./Canada Resource Sharing Understanding. Any changes to management measures
will be modified pursuant to § 648.90.
(ii) TAC Overages. Any overages of the overall Eastern GB cod, Eastern GB haddock, and GB
yellowtail flounder U.S. TACs caused by an overage of the component of the U.S. TAC specified
for either the common pool, individual sectors, the scallop fishery, or any other fishery, pursuant
to this paragraph (a)(2) and § 648.90(a)(4), that occur in a given fishing year shall be
subtracted from the respective TAC component responsible for the overage in the following
fishing year and may be subject to the overall groundfish AM provisions as specified in §
648.90(a)(5)(ii) if the overall ACL for a particular stock in a given fishing year, specified
pursuant to § 648.90(a)(4), is exceeded.
(iii) Distribution of TACs. For stocks managed by the U.S./Canada Resource Sharing Understanding,
as specified in paragraph (a)(1) of this section, the TAC allocation determined pursuant to this
paragraph (a)(2) shall be distributed between sectors approved pursuant to § 648.87(c),
common pool vessels, scallop vessels, and other applicable fisheries, as specified in §
648.90(a)(4). Approved sectors will be allocated ACE for Eastern GB cod and Eastern GB
haddock proportional to the sector's allocation of the overall ACL for these stocks, based upon
the fishing histories of sector vessels, as specified in § 648.87(b)(1)(i). Any ACE for Eastern GB
cod and Eastern GB haddock allocated to an individual sector is considered a subset of the
overall GB cod and GB haddock ACE allocated to that sector and may only be harvested from
the Eastern U.S./Canada Area, while the remaining ACE for GB cod and GB haddock available to
that sector may only be harvested outside of the Eastern U.S./Canada Area. For example, if a
sector is allocated 10 percent of the GB haddock ACL, it will also be allocated 10 percent of the
Eastern GB haddock TAC for that particular fishing year.
(iv) Inseason TAC Adjustments. For FY 2014 only, the Regional Administrator, in consultation with
the Council, may adjust the FY 2014 TACs for the U.S./Canada shared resources inseason
consistent with any quota trade recommendations made by the TMGC and/or Steering
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Committee, and approved by the Regional Administrator. Any such inseason adjustment to the
FY 2014 TACs may only increase the TAC available to the U.S. fishery, and may not reduce the
TAC amount distributed in FY 2014 to any fishery component as specified in paragraph
(a)(2)(iii) of this section. The revised FY 2014 TAC(s) shall be distributed consistent with the
process specified in paragraph (a)(2)(iii) of this section. For example, if the U.S. receives
additional yellowtail flounder TAC in FY 2014, and trades away a portion of its FY 2015 haddock
TAC, the Regional Administrator would increase the FY 2014 U.S. TAC for yellowtail flounder
inseason consistent with the process specified in this paragraph (a)(2)(iv). The adjustment to
the FY 2015 U.S. TAC for haddock would be made as part of the process for establishing TACs,
as described in paragraph (a)(2)(i)(C) of this section.
(3) Requirements for vessels in U.S./Canada Management Areas. Any common pool or sector vessel,
provided the sector to which a vessel belongs is allocated ACE for stocks caught in the Eastern
U.S./Canada Area pursuant to paragraph (a)(2)(iii) of this section and § 648.87(b)(1)(i), may fish in
the U.S./Canada Management Areas, provided it complies with conditions and restrictions of this
section. A vessel other than a NE multispecies vessel may fish in the U.S./Canada Management
Area, subject to the restrictions specified in paragraph (a)(3)(iv)(E) of this section and all other
applicable regulations for such vessels.
(i)

VMS requirement. A NE multispecies vessel fishing in the U.S./Canada Management Areas
described in paragraph (a)(1) of this section must have installed on board an operational VMS
unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10.

(ii) Declaration. To fish in the U.S./Canada Management Area under a NE multispecies DAS or on a
sector trip, a NE multispecies vessel must declare through the VMS the specific area within the
U.S./Canada Management Areas, as described in paragraphs (a)(1)(i) or (ii) of this section, or
the specific SAP within the U.S./Canada Management Areas, as described in paragraph (b) of
this section, the vessel will be fishing in prior to leaving the dock, in accordance with
instructions to be provided by the Regional Administrator, and must comply with the restrictions
and conditions in paragraphs (a)(3)(ii)(A) through (C) of this section. Vessels other than NE
multispecies vessels are not required to declare into the U.S./Canada Management Areas.
(A) A common pool vessel fishing under a NE multispecies DAS in the Eastern U.S./Canada
Area may fish both inside and outside of the Eastern U.S./Canada Area on the same trip,
provided it complies with the most restrictive DAS counting requirements specified in §
648.10(e)(5), trip limits, and reporting requirements for the areas fished for the entire trip,
and the restrictions specified in paragraphs (a)(3)(ii)(A)(1) through (4) of this section. A
vessel on a sector trip may fish both inside and outside of the Eastern U.S./Canada Area
on the same trip, provided it complies with the restrictions specified in paragraphs
(a)(3)(ii)(A)(1) through (3) of this section. When a vessel operator elects to fish both inside
and outside of the Eastern U.S./Canada Area, all cod and haddock caught on that trip will
be apportioned by area fished, as determined by all available data sources, and those
portions of the catch taken inside the Eastern U.S./Canada Area shall count toward the
applicable hard TAC specified for the U.S./Canada Management Area.
(1) The vessel operator must notify NMFS via VMS prior to leaving the Eastern
U.S./Canada Area (including at the time of initial declaration into the Eastern
U.S./Canada Area) that it is also electing to fish outside the Eastern U.S./Canada
Area, as instructed by the Regional Administrator. With the exception of vessels
participating in the Regular B DAS Program and fishing under a Regular B DAS and
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vessels on a sector trip that are not fishing under a NE multispecies DAS for the
purposes of complying with the restrictions of other fisheries, once a vessel elects to
fish outside of the Eastern U.S./Canada Area, Category A DAS shall accrue from the
time the vessel crosses the VMS Demarcation Line at the start of its fishing trip until
the time the vessel crosses the VMS Demarcation Line on its return to port, in
accordance with § 648.10(e)(5)(iii).
(2) Unless otherwise exempted pursuant to this part, the vessel must comply with the
reporting requirements of the U.S./Canada Management Area specified in §
648.85(a)(3)(v) for the duration of the trip.
(3) [Reserved]
(4) If a common pool vessel fishing under a NE multispecies DAS possesses yellowtail
flounder in excess of the trip limits for CC/GOM yellowtail flounder or SNE/MA
yellowtail flounder, as specified in § 648.86(g), the vessel may not fish in either the
CC/GOM or SNE/MA yellowtail flounder stock area during that trip (i.e., may not fish
outside of the U.S./Canada Management Area).
(B) A common pool vessel fishing under a NE multispecies DAS in the Western U.S./Canada
Area may fish inside and outside the Western U.S./Canada Area on the same trip, provided
it complies with the more restrictive regulations applicable to the area fished for the entire
trip (e.g., the possession restrictions specified in paragraph (a)(3)(iv)(C)(4) of this
section), and the reporting requirements specified in § 648.85(a)(3)(v). A vessel on a
sector trip in the Western U.S./Canada Area may fish inside and outside the Western
U.S./Canada Area on the same trip, provided it complies with the more restrictive
reporting requirements specified in § 648.85(a)(3)(v), unless otherwise exempted
pursuant to this part.
(C) For the purposes of selecting vessels for observer deployment, a vessel fishing in either of
the U.S./Canada Management Areas specified in paragraph (a)(1) of this section must
provide notice to NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port of departure, at
least 48 hr prior to the beginning of any trip that it declares into the U.S./Canada
Management Area as required under this paragraph (a)(3)(ii).
(iii) Gear requirements. A NE multispecies vessel fishing with trawl gear in the Eastern U.S./Canada
Area defined in paragraph (a)(1)(ii) of this section, unless otherwise provided in paragraphs
(b)(6) and (8) of this section, must fish with a Ruhle trawl, as described in paragraph
(b)(6)(iv)(J)(1) of this section, or a haddock separator trawl, or a flounder trawl net, as
described in paragraphs (a)(3)(iii)(A) and (B) of this section (all three nets may be onboard the
fishing vessel simultaneously). Unless otherwise restricted by § 648.80(n), gear other than the
Ruhle trawl, haddock separator trawl, or the flounder trawl net, or gear authorized under
paragraphs (b)(6) and (8) of this section, may be on board the vessel during a trip to the
Eastern U.S./Canada Area, provided the gear is stowed and not available for immediate use as
defined in § 648.2. The description of the haddock separator trawl and the flounder trawl net,
and the description of the Ruhle trawl may be further specified by the Regional Administrator
through publication of such specifications in the FEDERAL REGISTER, in a manner consistent with
the Administrative Procedure Act.

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50 CFR 648.85(a)(3)(iii)(A)

(A) Haddock Separator Trawl. A haddock separator trawl is defined as a groundfish trawl
modified to a vertically-oriented trouser trawl configuration, with two extensions arranged
one over the other, where a codend shall be attached only to the upper extension, and the
bottom extension shall be left open and have no codend attached. A horizontal largemesh separating panel constructed with a minimum of 6.0-inch (15.2-cm) diamond mesh
must be installed between the selvedges joining the upper and lower panels, as described
in paragraphs (a)(3)(iii)(A) and (B) of this section, extending forward from the front of the
trouser junction to the aft edge of the first belly behind the fishing circle. The horizontal
large-mesh separating panel must be constructed with mesh of a contrasting color to the
upper and bottom extensions of the net that it separates.
(1) Two-seam bottom trawl nets. For two seam nets, the separator panel will be
constructed such that the width of the forward edge of the panel is 80-85 percent of
the width of the after edge of the first belly of the net where the panel is attached. For
example, if the belly is 200 meshes wide (from selvedge to selvedge), the separator
panel must be no wider than 160-170 meshes wide.
(2) Four-seam bottom trawl nets. For four seam nets, the separator panel will be
constructed such that the width of the forward edge of the panel is 90-95 percent of
the width of the after edge of the first belly of the net where the panel is attached. For
example, if the belly is 200 meshes wide (from selvedge to selvedge), the separator
panel must be no wider than 180-190 meshes wide. The separator panel will be
attached to both of the side panels of the net along the midpoint of the side panels.
For example, if the side panel is 100 meshes tall, the separator panel must be
attached at the 50th mesh.
(B) Flounder Trawl Net. A flounder trawl net is defined as bottom trawl gear meeting one of the
following two net descriptions:
(1) A two-seam, low-rise net constructed with mesh size in compliance with §
648.80(a)(4), where the maximum footrope length is not greater than 105 ft (32.0 m)
and the headrope is at least 30 percent longer than the footrope. The footrope and
headrope lengths shall be measured from the forward wing end.
(2) A two-seam, low-rise net constructed with mesh size in compliance with §
648.80(a)(4), with the exception that the top panel of the net contains a section of
mesh at least 10 ft (3.05 m) long and stretching from selvedge to selvedge,
composed of at least 12-in (30.5-cm) mesh that is inserted no farther than 4.5
meshes behind the headrope.
(iv) Harvest controls. Unless otherwise specified in this paragraph (a)(3)(iv), any NE multispecies
vessel fishing in the U.S./Canada Management Areas is subject to the following restrictions.
For common pool vessels, the trip limits specified in this paragraph (a)(3)(iv) are in addition to
any other possession or landing limits applicable to vessels not fishing in the U.S./Canada
Management Areas. A sector vessel is subject to the trip limits specified in § 648.87(b)(1)(ix).
(A) Cod landing limit restrictions. Notwithstanding other applicable possession and landing
restrictions under this part, a common pool vessel fishing in the Eastern U.S./Canada Area
described in paragraph (a)(1)(ii) of this section may not land more than 500 lb (226.8 kg)

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50 CFR 648.85(a)(3)(iv)(A)(1)

of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. A vessel fishing in
the Eastern U.S./Canada Area may be further restricted by participation in other Special
Management Programs, as required under this section.
(1) Initial cod landing limit. Unless modified pursuant to paragraph (a)(3)(iv)(D) of this
section, notwithstanding other applicable possession and landing restrictions under
this part, a common pool vessel fishing in the Eastern U.S./Canada Area described in
paragraph (a)(1)(ii) of this section may not land more than 500 lb (226.8 kg) of cod
per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. A vessel fishing in the
Eastern U.S./Canada Area may be further restricted by participation in other Special
Management Programs, as required under this section.
(2) Possession restriction when 100 percent of TAC is harvested. When the Regional
Administrator projects that 100 percent of the TAC allocation for cod specified in
paragraph (a)(2) of this section will be harvested, NMFS shall, in a manner consistent
with the Administrative Procedure Act, close the Eastern U.S./Canada Area to all
limited access NE multispecies DAS and sector vessels subject to that particular
TAC allocation, as specified in paragraph (a)(3)(iv)(E) of this section, by prohibiting
such vessels and all other vessels not issued a limited access NE multispecies
permit from entering or being in this area and from harvesting, possessing, or landing
cod in or from the Eastern U.S./Canada Area during the closure period.
(B) Haddock landing limit —
(1) Initial haddock landing limit. The initial haddock landing limit for common pool
vessels is specified in § 648.86(a), unless adjusted pursuant to paragraphs
(a)(3)(iv)(B)(2) and (3) of this section.
(2) Implementation of haddock landing limit for Eastern U.S./Canada Area. When the
Regional Administrator projects that 70 percent of the haddock TAC allocation
specified for common pool vessels, as described in paragraph (a)(2) of this section,
will be harvested, NMFS shall implement, in a manner consistent with the
Administrative Procedure Act, a haddock trip limit for common pool vessels fishing in
the Eastern U.S./Canada Area of 1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1
kg) per trip.
(3) Possession restriction when 100 percent of TAC is harvested. When the Regional
Administrator projects that 100 percent of the TAC allocation for haddock distributed
to either common pool vessels or a particular sector, as specified in paragraph (a)(2)
of this section, will be harvested, NMFS shall, in a manner consistent with the
Administrative Procedure Act, close the Eastern U.S./Canada Area to all limited
access NE multispecies vessels subject to that particular TAC allocation, as
specified in paragraph (a)(3)(iv)(E) of this section, and prohibit such vessels and all
other vessels not issued a limited access NE multispecies permit from harvesting,
possessing, or landing haddock in or from the Eastern U.S./Canada Area.
(C) Yellowtail flounder landing limit —
(1) Initial yellowtail flounder landing limit. Unless further restricted under paragraphs
(a)(3)(iv)(C)(2) or (D) of this section (gear performance incentives), or modified
pursuant to paragraph (a)(3)(iv)(D) of this section, there is no initial limit to the
amount of yellowtail flounder that could be landed for each fishing year.
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50 CFR 648.85(a)(3)(iv)(C)(2)

(2) Regional Administrator authority to adjust the yellowtail flounder landing limit midseason. If, based upon available information, the Regional Administrator projects that
the yellowtail flounder catch may exceed the yellowtail flounder TAC for a fishing
year, the Regional Administrator may implement, adjust, or remove the yellowtail
flounder landing limit at any time during that fishing year in order to prevent yellowtail
flounder catch from exceeding the TAC, or to facilitate harvesting the TAC, in a
manner consistent with the Administrative Procedure Act. If, based upon available
information, the Regional Administrator projects that the yellowtail flounder catch is
less than 90 percent of the TAC, the Regional Administrator may adjust or remove the
yellowtail flounder landing limit at any time during the fishing year in order to
facilitate the harvest of the TAC, in a manner consistent with the Administrative
Procedure Act. The Regional Administrator may specify yellowtail flounder trip limits
that apply to the entire U.S./Canada Management Area or to only the Western or
Eastern Area.
(3) Possession restriction when 100 percent of TAC is harvested. When the Regional
Administrator projects that 100 percent of the TAC allocation for yellowtail flounder
distributed to either common pool vessels or a particular sector, as specified in
paragraph (a)(2) of this section, will be harvested, NMFS shall, in a manner
consistent with the Administrative Procedure Act, close the Eastern U.S./Canada
Area to all limited access NE multispecies vessels subject to that particular TAC
allocation, as specified in paragraph (a)(3)(iv)(E) of this section, and prohibit such
vessels and all other vessels not issued a limited access NE multispecies permit
from harvesting, possessing, or landing yellowtail flounder from the U.S./Canada
Management Area.
(4) Yellowtail flounder landing limit for vessels fishing both inside and outside the Western
U.S./Canada Area on the same trip. A vessel fishing both inside and outside of the
Western U.S./Canada Area on the same trip, as allowed under paragraph (a)(3)(ii)(B)
of this section, is subject to the most restrictive landing limits that apply to any of the
areas fished, for the entire trip.
(D) Other restrictions or inseason adjustments. In addition to the possession restrictions
specified in paragraph (a)(3)(iv) of this section, the Regional Administrator, in a manner
consistent with the Administrative Procedure Act, may modify the gear requirements,
modify or close access to the U.S./Canada Management Areas, or modify the total
number of trips into the U.S./Canada Management Area, to prevent over-harvesting or to
facilitate achieving the TAC specified in paragraph (a)(2) of this section. Such adjustments
may be made at any time during the fishing year, or prior to the start of the fishing year. If
necessary to give priority to using Category A DAS versus using Category B DAS, the
Regional Administrator may implement different management measures for vessels using
Category A DAS than for vessels using Category B DAS. If the Regional Administrator,
under this authority, requires use of a particular gear type in order to reduce catches of
stocks of concern, unless further restricted elsewhere in this part, the following gear
performance incentives will apply: Possession of flounders (all species combined),
monkfish, and skates is limited to 500 lb (226.8 kg) (whole weight) each (i.e., no more than
500 lb (226.8 kg) of all flounders, no more than 500 lb (226.8 kg) of monkfish, and no
more than 500 lb (226.8 kg) of skates), and possession of lobsters is prohibited.

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50 CFR 648.85(a)(3)(iv)(E)

(E) Closure of Eastern U.S./Canada Area. Based upon available information, when the Regional
Administrator projects that any individual TAC allocation for NE multispecies common
pool or sectors specified in paragraph (a)(2)(iii) of this section will be caught, NMFS shall
close, in a manner consistent with the Administrative Procedure Act, the Eastern
U.S./Canada Area to all vessels subject to that particular TAC allocation, unless otherwise
allowed under this paragraph (a)(3)(iv)(E). For example, if the Eastern GB cod TAC
specified for common pool vessels is projected to be caught, NMFS shall close the
Eastern U.S./Canada Area to all common pool vessels operating under a NE multispecies
DAS. Should the Eastern U.S./Canada Area close as described in this paragraph
(a)(3)(iv)(E), common pool vessels fishing under a DAS may continue to fish in a SAP
within the Eastern U.S./Canada Area, provided that the TAC for the target stock identified
for that particular SAP (i.e., haddock for the Eastern U.S./Canada Haddock SAP or
haddock or yellowtail flounder for the CA II Yellowtail Flounder/Haddock SAP) has not
been fully harvested. A vessel fishing on a sector trip may only fish in a SAP if that vessel's
sector has ACE available for all stocks caught in that SAP. For example, should the GB cod
TAC allocation specified for common pool vessels in paragraph (a)(2)(iii) of this section
be attained, and the Eastern U.S./Canada Area closure implemented for common pool
vessels, common pool vessels could continue to fish for yellowtail flounder within the SAP
identified as the Closed Area II Yellowtail Flounder/Haddock SAP, described in paragraph
(b)(3) of this section, in accordance with the requirements of that program. Upon closure
of the Eastern U.S./Canada Area, vessels may transit through this area as described in
paragraph (a)(1)(ii) of this section, provided that its gear is stowed and not available for
immediate use as defined in § 648.2, unless otherwise restricted under this part.
(v) Reporting.
(A) The owner or operator of a common pool vessel must submit reports via VMS, in
accordance with instructions provided by the Regional Administrator, for each day of the
fishing trip when declared into either of the U.S./Canada Management Areas. The owner
or operator of a sector vessel must submit daily reports via VMS, in accordance with
instructions provided by the Regional Administrator, for each day of the fishing trip when
declared into the Eastern U.S./Canada Area. Vessels subject to the daily reporting
requirement must report daily for the entire fishing trip, regardless of what areas are
fished. The reports must be submitted in 24-hr intervals for each day, beginning at 0000 hr
and ending at 2359 hr, and must be submitted by 0900 hr of the following day, or as
instructed by the Regional Administrator. The reports must include at least the following
information:
(1) VTR serial number or other universal ID specified by the Regional Administrator;
(2) Date fish were caught and statistical area in which fish were caught; and
(3) Total pounds of cod, haddock, yellowtail flounder, winter flounder, witch flounder,
pollock, American plaice, redfish, Atlantic halibut, ocean pout, Atlantic wolffish, and
white hake kept (in pounds, live weight) in each statistical area, as instructed by the
Regional Administrator.
(B) The Regional Administrator may remove or modify the reporting requirement for sector
vessels in § 648.85(a)(3)(v) in a manner consistent with the Administrative Procedure Act.

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50 CFR 648.85(a)(3)(vi)

(vi) Withdrawal from U.S./Canada Resource Sharing Understanding. At any time, the Regional
Administrator, in consultation with the Council, may withdraw from the provisions of the
U.S./Canada Resource Sharing Understanding described in this section, if the Understanding is
determined to be inconsistent with the goals and objectives of the FMP, the Magnuson-Stevens
Act, or other applicable law. If the United States withdraws from the Understanding, the
implementing measures, including TACs, remain in place until changed through the framework
or FMP amendment process.
(vii) Transiting. A NE multispecies vessel that has declared into the Eastern U.S./Canada Area, as
defined in paragraph (a)(1)(ii) of this section, and that is not fishing in the CA II Yellowtail
Flounder/Haddock SAP described in paragraph (b)(3) of this section, may transit the CA II
Yellowtail Flounder/Haddock SAP Area, as described in paragraph (b)(3)(ii) of this section,
provided all fishing gear is stowed and not available for immediate use as defined in § 648.2.
(b) Special Access Programs. A SAP is a narrowly defined fishery that results in increased access to a stock
that, in the absence of such authorization, would not be allowed due to broadly applied regulations. A SAP
authorizes specific fisheries targeting either NE multispecies stocks or non-multispecies stocks in order
to allow an increased yield of the target stock(s) without undermining the achievement of the goals of the
NE Multispecies FMP. A SAP should result in a harvest level that more closely approaches OY, without
compromising efforts to rebuild overfished stocks, end overfishing, minimize bycatch, or minimize impact
on EFH. Development of a SAP requires a relatively high level of fishery dependent and fishery
independent information in order to be consistent with this rationale.
(1) SAPs harvesting NE multispecies. A SAP to harvest NE multispecies may be proposed by the Council
and approved by NMFS through the framework process described under § 648.90.
(2) SAPs harvesting stocks other than NE multispecies. A SAP to harvest stocks of fish other than NE
multispecies (non-multispecies SAP) may be proposed by the Council and approved by NMFS
through the framework process described under § 648.90.
(3) Closed Area II Yellowtail Flounder/Haddock SAP —
(i)

Eligibility. Any vessel issued a valid limited access NE multispecies permit fishing under a NE
multispecies DAS or on a sector trip, provided the sector to which the vessel belongs has been
allocated ACE for all stocks that may be caught within the Eastern U.S./Canada Area pursuant
to § 648.87(b)(1)(i), are eligible to participate in the Closed Area II Yellowtail Flounder/Haddock
SAP, and may fish in the Closed Area II Yellowtail Flounder/Haddock Access Area, as described
in paragraph (b)(3)(ii) of this section, for the period specified in paragraph (b)(3)(iii) of this
section, provided the Eastern U.S./Canada Area, as described in paragraph (a)(1)(ii) of this
section, is not closed according to the provisions specified in paragraph (a)(3)(iv)(E) of this
section, or that the sector to which a vessel belongs no longer has ACE available for all stocks
caught within the Eastern U.S./Canada Area pursuant to § 648.87(b)(1)(i). All eligible vessels
must comply with the requirements of this section, unless otherwise specified in this paragraph
(b)(3).

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50 CFR 648.85(b)(3)(ii)

(ii) Closed Area II Yellowtail Flounder/Haddock SAP Area. The Closed Area II Yellowtail Flounder/
Haddock SAP Area is the area defined by straight lines connecting the following points in the
order stated:

CLOSED AREA II YELLOWTAIL FLOUNDER/HADDOCK SAP AREA
Point

N. latitude

W. longitude

Ytail 1

41°30′

67°20′

Ytail 2

41°30′

66°34.8′

G5

41°18.6′

66°24.8′1

CII 2

41°00′

66°35.8′

CII 1

41°00′

67°20′

Ytail 1

41°30′

67°20′

(iii) Season —
(A) Season when the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail
flounder. When the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail
flounder, as specified in paragraph (b)(3)(vii) of this section, eligible vessels may fish in
the Closed Area II Yellowtail Flounder/Haddock SAP from July 1 through December 31.
(B) Season when the CA II Yellowtail Flounder/Haddock SAP is open only to target haddock.
When the CA II Yellowtail Flounder/Haddock SAP is open only to target haddock, as
specified in paragraph (b)(3)(vii) of this section, eligible vessels may fish in the CA II
Yellowtail Flounder/Haddock SAP from August 1 through January 31.
(iv) VMS requirement. All NE multispecies vessels fishing in the U.S./Canada Management Areas
described in paragraph (a)(1) of this section must have installed on board an operational VMS
unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10.
(v) Declaration. For the purposes of selecting vessels for observer deployment, a vessel must
provide notice to NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; date, time and port of departure; and special
access program to be fished, at least 48 hr prior to the beginning of any trip that it declares into
the SAP as required under this paragraph (b)(3)(v). To fish in the Closed Area II Yellowtail
Flounder/Haddock SAP, a vessel must declare into this area through the VMS prior to departure
from port, in accordance with instructions provided by the Regional Administrator. A vessel
declared into the Closed Area II Yellowtail Flounder/Haddock SAP may also fish in the area
outside the Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of this section, on the
same trip, provided the vessel also declares into this area prior to departure from port and
fishes under the most restrictive DAS counting requirements specified in § 648.10(e)(5), trip
limits, and reporting requirements for the areas fished during the entire trip.
(vi) Number of trips per vessel —

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50 CFR 648.85(b)(3)(vi)(A)

(A) Number of trips allowed when the CA II Yellowtail Flounder/Haddock SAP is open to target
yellowtail flounder. When the CA II Yellowtail Flounder/Haddock SAP is open to target
yellowtail flounder, as specified in paragraph (b)(3)(vii) of this section, eligible common
pool vessels are restricted to one trip per calendar month during the season described in
paragraph (b)(3)(iii) of this section.
(B) Number of trips allowed when the CA II Yellowtail Flounder/Haddock SAP is open only to
target haddock. When the CA II Yellowtail Flounder/Haddock SAP is open only to target
haddock, as specified in paragraph (b)(3)(vii) of this section, there is no limit on the
number of trips that can be taken by eligible vessels during the season described in
paragraph (b)(3)(iii) of this section.
(vii) Opening criteria —
(A) Opening the CA II Yellowtail Flounder/Haddock SAP to target yellowtail flounder. Unless
otherwise authorized by the Regional Administrator, as specified in paragraph (a)(3)(iv)(D)
of this section, the total number of allowed trips by common pool vessels that may be
declared into the Closed Area II Yellowtail Flounder/Haddock SAP for each fishing year
shall be as announced by the Regional Administrator on or about June 1, after
consultation with the Council, in a manner consistent with the Administrative Procedure
Act. Except as provided in paragraph (b)(3)(vii)(B) of this section, the total number of trips
by all common pool vessels that may be declared into this SAP when the SAP is open to
target yellowtail flounder shall not exceed 320 per year. When determining the total
number of trips, the Regional Administrator shall consider the available yellowtail flounder
TAC under the U.S./Canada Resource Sharing Understanding, the potential catch of GB
yellowtail flounder by all vessels fishing outside of the SAP, recent discard estimates in all
fisheries that catch yellowtail flounder, the expected number of SAP participants, and any
other available information. If the Regional Administrator determines that the available
catch, as determined by subtracting the potential catch of GB yellowtail flounder by all
vessels outside of the SAP from the GB yellowtail flounder TAC allocation specified in
paragraph (a)(2) of this section, is insufficient to allow for at least 150 trips with a
possession limit of 15,000 lb (6,804 kg) of yellowtail flounder per trip, the Regional
Administrator may choose not to authorize any trips into the SAP during a fishing year.
(B) Opening the CA II Yellowtail/Haddock SAP to only target haddock. If the CA II Yellowtail
Flounder/Haddock SAP is not open to targeting yellowtail flounder due to an insufficient
amount of yellowtail flounder TAC, or because the maximum number of trips allowed into
the CA II Yellowtail Flounder/Haddock SAP to target yellowtail flounder has been achieved
pursuant to paragraph (b)(3)(vii)(A) of this section, eligible vessels may target haddock in
the CA II Yellowtail Flounder/Haddock Access Area, as specified in paragraph (b)(3)(ii) of
this section, provided the Eastern GB haddock TAC specified in paragraph (a)(2) of this
section has not been caught, the Eastern U.S./Canada Area is not closed pursuant to
paragraph (a)(3)(iv)(D) of this section; and, for vessels on a sector trip, the sector to which
the sector vessel belongs has ACE remaining for the stocks caught in the Eastern
U.S./Canada Area.

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50 CFR 648.85(b)(3)(viii)

(viii) Trip limits. Vessels subject to the provisions of the common pool that are fishing in the Closed
Area II Yellowtail Flounder/Haddock SAP are subject to the following trip limits, unless
otherwise restricted in this part. Vessels subject to the restrictions and conditions of an
approved sector operations plan fishing in the Closed Area II Yellowtail Flounder/Haddock SAP
are subject to the trip limits specified in § 648.87(b)(1)(ix).
(A) Yellowtail flounder trip limit —
(1) Trip limits when the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail
flounder. Unless otherwise authorized by the Regional Administrator as specified in
paragraph (a)(3)(iv)(D) of this section, when the CA II Yellowtail Flounder/Haddock
SAP is open to target yellowtail flounder, as specified in paragraph (b)(3)(vii) of this
section, a vessel subject to the provisions of the common pool that is fishing in the
CA II Yellowtail Flounder/Haddock SAP may fish for, possess, and land up to 10,000
lb (4,536 kg) of yellowtail flounder per trip. The Regional Administrator may adjust
this limit to a maximum of 30,000 lb (13,608 kg) per trip after considering the factors
listed in paragraph (b)(3)(vii) of this section for the maximum number of trips.
(2) Trip limits when the CA II Yellowtail Flounder/Haddock SAP is open to target haddock.
Unless otherwise specified by the Regional Administrator pursuant to paragraph
(a)(3)(iv)(D) of this section, when the CA II Yellowtail Flounder/Haddock SAP is only
open to target haddock, as specified in paragraph (b)(3)(vii) of this section, the trip
limit for yellowtail flounder is specified in paragraph (b)(3)(viii)(C) of this section.
(B) Cod and haddock trip limit. Unless otherwise restricted, a common pool vessel fishing any
portion of a trip in the Closed Area II Yellowtail Flounder/Haddock SAP on a NE
multispecies DAS may not fish for, possess, or land more than 1,000 lb (453.6 kg) of cod
per trip, regardless of trip length. A common pool vessel fishing on a NE multispecies DAS
in the Closed Area II Yellowtail Flounder/Haddock SAP is subject to the haddock
requirements described in § 648.86(a), unless further restricted under paragraph (a)(3)(iv)
of this section.
(C) Other species trip limits. A common pool vessel fishing on a NE multispecies DAS in the
CA II Yellowtail Flounder/Haddock SAP using a haddock separator trawl, a Ruhle trawl, or
any other gear specified pursuant to paragraph (b)(3)(x)(B) must comply with the trip
limits specified in § 648.86, unless further restricted by the trip limits specified in
paragraph (e) of this section.
(ix) Area fished. Eligible vessels that have declared a trip into the Closed Area II Yellowtail Flounder/
Haddock SAP, and other areas as specified in paragraph (b)(3)(v) of this section, may not fish
for, possess, or land fish in or from outside of the declared area during the same trip.
(x) Gear requirements —
(A) Approved gear. When the CA II Yellowtail Flounder/Haddock SAP is open to target
yellowtail flounder, as specified in paragraph (b)(3)(vii) of this section, NE multispecies
vessels fishing with trawl gear must use a haddock separator trawl or a flounder trawl net,
as described in paragraph (a)(3)(iii) of this section, or the Ruhle trawl, as described in
paragraph (b)(6)(iv)(J)(3) of this section (all three nets may be onboard the fishing vessel
simultaneously). When this SAP is only open to target haddock, NE multispecies vessels
must use a haddock separator trawl, a Ruhle trawl, or hook gear. Gear other than the
haddock separator trawl, the flounder trawl, or the Ruhle trawl may be on board the vessel
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50 CFR 648.85(b)(3)(x)(B)

during a trip to the Eastern U.S./Canada Area outside of the CA II Yellowtail Flounder/
Haddock SAP, provided the gear is stowed and not available for immediate use as defined
in § 648.2.
(B) Approval of additional gear. The Regional Administrator may authorize additional gear for
use in the CA II Yellowtail Flounder/Haddock SAP in accordance with the standards and
requirements specified in paragraph (b)(6)(iv)(J)(2) of this section.
(xi) No-discard provision and DAS flips. A vessel fishing in the CA II Yellowtail Flounder/Haddock
SAP under a NE multispecies DAS or on a sector trip may not discard legal-sized regulated NE
multispecies, unless the possession of the species is prohibited pursuant to § 648.86, or unless
otherwise specified in this paragraph (b)(3)(xi). A vessel may discard Atlantic halibut exceeding
the one fish per trip possession limit. If a vessel fishing in the CA II Yellowtail Flounder/
Haddock SAP exceeds an applicable trip limit, the vessel must exit the SAP. If a common pool
vessel operator fishing in the CA II Yellowtail Flounder/Haddock SAP under a Category B DAS
harvests and brings on board more legal-sized regulated NE multispecies or Atlantic halibut
than the maximum landing limits allowed per trip, as specified in paragraph (b)(3)(iv) or (viii) of
this section, or in § 648.86, the vessel operator must immediately notify NMFS via VMS to
initiate a DAS flip (from a Category B DAS to a Category A DAS). Once this notification has been
received by NMFS, the vessel's entire trip will accrue as a Category A DAS trip. For a vessel that
notifies NMFS of a DAS flip, the Category B DAS that have accrued between the time the vessel
started accruing Category B DAS (i.e., either at the beginning of the trip, or at the time the
vessel crossed into the Eastern U.S./Canada Area) and the time the vessel declared its DAS flip
shall be accrued as Category A DAS, and not Category B DAS.
(xii) Minimum Category A DAS. For vessels fishing under a Category B DAS, the number of Category
B DAS that can be used on a trip cannot exceed the number of available Category A DAS the
vessel has at the start of the trip.
(xiii) Catch distribution. All catch of GB haddock from vessels declared into the CA II Yellowtail
Flounder/Haddock SAP shall be applied against the Eastern GB haddock TAC, as specified in
paragraph (a)(2) of this section, for either common pool vessels or individual approved sectors.
(4) [Reserved]
(5) Incidental Catch TACs. Unless otherwise specified in this paragraph (b)(5), Incidental Catch TACs
shall be based upon the portion of the ACL for a stock specified for the common pool vessels
pursuant to § 648.90(a)(4), and allocated as described in this paragraph (b)(5), for each of the
following stocks: GOM cod, GB cod, GB yellowtail flounder, CC/GOM yellowtail flounder, American
plaice, SNE/MA winter flounder, and witch flounder. Because GB yellowtail flounder and GB cod are
transboundary stocks, the incidental catch TACs for these stocks shall be based upon the common
pool portion of the ACL available to U.S. vessels. NMFS shall send letters to limited access NE
multispecies permit holders notifying them of such TACs.
(i)

Stocks other than GB cod and GB yellowtail flounder. With the exception of GB cod and GB
yellowtail flounder, 100 percent of the Incidental Catch TACs specified in this paragraph (b)(5)
shall be allocated to the Regular B DAS Program described in paragraph (b)(6) of this section.

(ii) GB cod. The Incidental Catch TAC for GB cod specified in this paragraph (b)(5) shall be
subdivided as follows: 60 percent to the Regular B DAS Program described in paragraph (b)(6)
of this section and 40 percent to the Eastern U.S./Canada Haddock SAP described in paragraph
(b)(7) of this section.
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50 CFR 648.85(b)(5)(iii)

(iii) GB yellowtail flounder. The Incidental Catch TAC for GB yellowtail flounder specified in this
paragraph (b)(5) shall be subdivided as follows: 50 percent to the Regular B DAS Program
described in paragraph (b)(6) of this section and 50 percent to the Eastern U.S./Canada
Haddock SAP described in paragraph (b)(8) of this section.
(6) Regular B DAS Pilot Program —
(i)

Eligibility. Vessels issued a valid limited access NE multispecies DAS permit and allocated
Regular B DAS are eligible to participate in the Regular B DAS Program, and may elect to fish
under a Regular B DAS, provided they comply with the requirements and restrictions of this
paragraph (b)(6), and provided the use of Regular B DAS is not restricted according to
paragraphs (b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels are required to
comply with the no discarding and DAS flip requirements specified in paragraph (b)(6)(iv)(E) of
this section, and the DAS balance and accrual requirements specified in paragraph (b)(6)(iv)(F)
of this section. Vessels may fish under the B Regular DAS Program and in the U.S./Canada
Management Area on the same trip, but may not fish under the Regular B DAS Program and in a
SAP on the same trip.

(ii) [Reserved]
(iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs specified in accordance with
paragraph (b)(5) of this section shall be divided into quarterly catch TACs as follows: The first
quarter shall receive 13 percent of the Incidental Catch TACs and the remaining quarters shall
each receive 29 percent of the Incidental Catch TACs. NMFS shall send letters to all limited
access NE multispecies permit holders notifying them of such TACs.
(iv) Program requirements —
(A) VMS requirement. A NE multispecies DAS vessel fishing in the Regular B DAS Program
described in paragraph (b)(6)(i) of this section must have installed on board an
operational VMS unit that meets the minimum performance criteria specified in §§ 648.9
and 648.10.
(B) Observer notification. For the purposes of selecting vessels for observer deployment, a
vessel must provide notice to NMFS of the vessel name; contact name for coordination of
observer deployment; telephone number for contact; the date, time, and port of departure;
and the planned fishing area or areas (GOM, GB, or SNE/MA) at least 48 hr prior to the
beginning of any trip declared into the Regular B DAS Program as required by paragraph
(b)(6)(iv)(C) of this section, and in accordance with the Regional Administrator's
instructions. Providing notice of the area that the vessel intends to fish does not restrict
the vessel's activity on that trip to that area only (i.e., the vessel operator may change his/
her plans regarding planned fishing areas).
(C) VMS declaration. To participate in the Regular B DAS Program under a Regular B DAS, a
vessel must declare into the Program via VMS prior to departure from port, in accordance
with instructions provided by the Regional Administrator. A vessel declared into the
Regular B DAS Program cannot fish in an approved SAP described under this section on
the same trip. Mere declaration of a Regular B DAS Program trip does not reserve a
vessel's right to fish under the Program, if the vessel has not crossed the VMS
demarcation line.

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50 CFR 648.85(b)(6)(iv)(D)

(D) Landing limits. Unless otherwise specified in this paragraph (b)(6)(iv)(D), or restricted
pursuant to § 648.86, a NE multispecies vessel fishing in the Regular B DAS Program
described in this paragraph (b)(6), and fishing under a Regular B DAS, may not land more
than 100 lb (45.5 kg) per DAS, or any part of a DAS, up to a maximum of 1,000 lb (454 kg)
per trip, of any of the following species/stocks from the areas specified in paragraph
(b)(6)(v) of this section: Cod (both GOM and GB), American plaice, witch flounder, SNE/MA
winter flounder, and GB yellowtail flounder; and may not land more than 25 lb (11.3 kg) per
DAS, or any part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM
yellowtail flounder. In addition, trawl vessels, which are required to fish with a haddock
separator trawl, as specified in paragraph (a)(3)(iii)(A) of this section, or a Ruhle trawl, as
specified in paragraph (b)(6)(iv)(J) of this section, and other gear that may be required in
order to reduce catches of stocks of concern as described in paragraph (b)(6)(iv)(J) of
this section, are restricted to the trip limits specified in paragraph (e) of this section.
(E) No-discard provision and DAS flips. A vessel fishing in the Regular B DAS Program under a
Regular B DAS may not discard legal-sized regulated species, ocean pout, or monkfish.
This prohibition on discarding does not apply in areas or times where the possession or
landing of regulated species or ocean pout is prohibited, as specified in §§ 648.85 and
648.86. If such a vessel harvests and brings on board legal-sized regulated species or
ocean pout in excess of the allowable landing limits specified in paragraph (b)(6)(iv)(D) of
this section or § 648.86, the vessel operator must notify NMFS immediately via VMS to
initiate a DAS flip from a B DAS to an A DAS. Once this notification has been received by
NMFS, the vessel shall automatically be switched by NMFS to fishing under a Category A
DAS for its entire fishing trip. Thus, any Category B DAS that accrued between the time the
vessel declared into the Regular B DAS Program at the beginning of the trip (i.e., at the
time the vessel crossed the demarcation line at the beginning of the trip) and the time the
vessel declared its DAS flip shall be accrued as Category A DAS, and not Regular B DAS.
After flipping to a Category A DAS, the vessel is subject to the applicable trip limits
specified in § 648.85(a) or § 648.86 and may discard fish in excess of the applicable trip
limits.
(F) Minimum Category A DAS and B DAS accrual. For a vessel fishing under the Regular B DAS
Program, the number of Regular B DAS that may be used on a trip cannot exceed the
number of Category A DAS that the vessel has at the start of the trip. If a vessel is fishing
in an area subject to differential DAS counting pursuant to § 648.82(n)(1), the number of
Regular B DAS that may be used on a trip cannot exceed the number of Category A DAS
that the vessel has at the start of the trip divided by the applicable differential DAS
counting factor specified in § 648.82(n)(1)(ii). For example, if a vessel plans a trip under
the Regular B DAS Program in the Inshore GOM Differential DAS Area during a fishing year
in which the area is subject to a differential DAS counting factor of 1.2, and the vessel has
10 Category A DAS available at the start of the trip, the maximum number of Regular B
DAS that the vessel may fish under the Regular B Program is 8 (10 divided by 1.2 = 8.33,
but since Regular B DAS are charged in 24-hr intervals, 8 Regular B DAS is the maximum
that can be used for this trip). A vessel fishing in the Regular B DAS Program for its entire
trip shall accrue DAS in accordance with § 648.82(e)(1).
(G) Restrictions when 100 percent of the incidental catch TAC is harvested. With the exception
of white hake, when the Regional Administrator provides notification through rulemaking
consistent with the Administrative Procedure Act, that 100 percent of one or more of
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50 CFR 648.85(b)(6)(iv)(H)

quarterly incidental TACs specified under paragraph (b)(6)(iii) of this section has projected
to have been harvested, the use of Regular B DAS shall be prohibited in the pertinent stock
area(s) as defined under paragraph (b)(6)(v) of this section for the duration of the
calendar quarter. The closure of a stock area to all Regular B DAS use will occur even if
the quarterly incidental catch TACs for other stocks in that stock area have not been
completely harvested. When the Regional Administrator projects that 100 percent of the
quarterly white hake incidental catch TAC specified under paragraph (b)(6)(iii) of this
section has been harvested, vessels fishing under a Regular B DAS, or that complete a trip
under a Regular B DAS, will be prohibited from retaining white hake.
(H) Closure of Regular B DAS Program and quarterly DAS limits. Unless otherwise closed as a
result of the harvest of an Incidental Catch TAC as described in paragraph (b)(6)(iv)(G) of
this section, or as a result of an action by the Regional Administrator under paragraph
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner consistent with the
Administrative Procedure Act, be prohibited when 500 Regular B DAS have been used
during the first quarter of the fishing year (May-July), or when 1,000 Regular B DAS have
been used during any of the remaining quarters of the fishing year, in accordance with §
648.82(e)(1).
(I)

Reporting requirements. The owner or operator of a NE multispecies DAS vessel must
submit catch reports via VMS in accordance with instructions provided by the Regional
Administrator, for each day fished when declared into the Regular B DAS Program. The
reports must be submitted in 24-hr intervals for each day, beginning at 0000 hr and ending
at 2359 hr. The reports must be submitted by 0900 hr of the following day. For vessels
that have declared into the Regular B DAS Program in accordance with paragraph
(b)(6)(iv)(C) of this section, the reports must include at least the following information:
VTR serial number or other universal ID specified by the Regional Administrator; date fish
were caught; statistical area fished; and the total pounds of cod, haddock, yellowtail
flounder, winter flounder, witch flounder, pollock, American plaice, redfish, Atlantic halibut,
and white hake kept in each statistical area (in pounds, live weight), as instructed by the
Regional Administrator. Daily reporting must continue even if the vessel operator is
required to flip, as described in paragraph (b)(6)(iv)(E) of this section.

(J) Gear requirement.
(1) Vessels fishing with trawl gear in the Regular B DAS Program must use the haddock
separator trawl or Ruhle trawl, as described in paragraphs (a)(3)(iii)(A) and
(b)(6)(iv)(J)(3) of this section, respectively, or other type of gear if approved as
described in this paragraph (b)(6)(iv)(J). When the vessel is fishing under the Regular
B DAS Program other gear may be on board provided it is stowed and not available
for immediate use as defined in § 648.2.
(2) Approval of additional gear. At the request of the Council or the Council's Executive
Committee, the Regional Administrator may authorize additional gear for use in the
Regular B DAS Program, through notice consistent with the Administrative Procedure
Act. The proposed gear must satisfy standards specified in paragraph
(b)(6)(iv)(J)(2)(i) or (ii) of this section in a completed experiment that has been
reviewed according to the standards established by the Council's research policy

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50 CFR 648.85(b)(6)(iv)(J)(2)(i)

before the gear can be considered and approved by the Regional Administrator.
Comparisons of the criteria specified in this paragraph (b)(6)(iv)(J)(2) will be made to
an appropriately selected control gear.
(i)

The gear must show a statistically significant reduction in catch of at least 50
percent (by weight, on a trip-by-trip basis) of each regulated species stock of
concern, unless otherwise allowed in this paragraph (b)(6)(iv)(J)(2)(i), or other
non-groundfish stocks that are overfished or subject to overfishing identified by
the Council. This requirement does not apply to regulated species identified by
the Council as not being subject to gear performance standards; or

(ii) The catch of each regulated species stock of concern, unless otherwise allowed
in this paragraph (b)(6)(iv)(J)(2)(ii), or other non-groundfish stocks that are
overfished or subject to overfishing identified by the Council, must be less than
5 percent of the total catch of regulated groundfish (by weight, on a trip-by-trip
basis). This requirement does not apply to regulated species identified by the
Council as not being subject to gear performance standards.
(iii) The Council may recommend to the Regional Administrator an addition or
modification to the gear standards specified in paragraph (b)(6)(iv)(J)(2)(i) or
(ii) of this section, and the Regional Administrator may approve the Council's
recommendation in a manner consistent with the Administrative Procedure Act.
If the Regional Administrator does not approve an addition or modification to
the gear standards as recommended by the Council, NMFS must provide a
written rationale to the Council regarding its decision not to do so.
(3) Ruhle Trawl. The Ruhle Trawl is a four-seam bottom groundfish trawl designed to
reduce the bycatch of cod while retaining or increasing the catch of haddock, when
compared to traditional groundfish trawls. A Ruhle Trawl must be constructed in
accordance with the standards described and referenced in this paragraph §
648.85(b)(6)(iv)(J)(3). The mesh size of a particular section of the Ruhle Trawl is
measured in accordance with § 648.80(f)(2), unless insufficient numbers of mesh
exist, in which case the maximum total number of meshes in the section will be
measured (between 2 and 20 meshes).
(i)

The net must be constructed with four seams (i.e., a net with a top and bottom
panel and two side panels), and include at least the following net sections as
depicted in Figure 1 of this part (this figure is also available from the
Administrator, Northeast Region): Top jib, bottom jib, jib side panels ( × 2), top
wing, bottom wing, wing side panels ( × 2), bunt, square, square side panels ( ×
2), first top belly, first bottom belly, first belly side panels ( × 2), and second
bottom belly.

(ii) The top and bottom jibs, jib side panels, top and bottom wings, and wing side
panels, bunt, and first bottom belly (the first bottom belly and all portions of the
net in front of the first bottom belly, with the exception of the square and the
square side panels) must be at least two meshes long in the fore and aft
direction. For these net sections, the stretched length of any single mesh must
be at least 7.9 ft (240 cm), measured in a straight line from knot to knot.

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50 CFR 648.85(b)(6)(iv)(J)(3)(iii)

(iii) Mesh size in all other sections must be consistent with mesh size requirements
specified under § 648.80 and meet the following minimum specifications: Each
mesh in the square, square side panels, and second bottom belly must be 31.5
inches (80 cm); each mesh in the first top belly, and first belly side panels must
be at least 7.9 inches (20 cm); and 6 inches (15.24 cm) or larger in sections
following the first top belly and second bottom belly sections, all the way to the
codend. The mesh size requirements of the top sections apply to the side panel
sections.
(iv) The trawl must have at least 15 meshes (240 cm each) at the wide end of the
first bottom belly, excluding the gore.
(v) The trawl must have a single or multiple kite panels with a total surface area of
at least 19.3 sq. ft. (1.8 sq. m) on the forward end of the square to help
maximize headrope height, for the purpose of capturing rising fish. A kite panel
is a flat structure, usually semi-flexible, used to modify the shape of trawl and
mesh openings by providing lift when a trawl is moving through the water.
(4) Mesh size. An eligible vessel fishing in the Regular B DAS Program within the GB Cod
Stock Area as defined in paragraph (b)(6)(v)(B) of this section pursuant to paragraph
(b)(6) of this section must use trawl gear described in this paragraph (b)(6)(iv)(J)
with a minimum codend mesh size of 6-inch (15.24-cm) square or diamond mesh.
(v) Definition of stock areas. The species stock areas associated with the incidental catch TACs for
the Regular B DAS Program are defined in paragraphs (b)(6)(v)(A) through (K) of this section.
Where specified, these areas also identify stock areas applicable for trip limits specified in §
648.86 and for determining areas applicable to sector allocations of ACE pursuant to §
648.87(b). Copies of a chart depicting these areas are available from the Regional
Administrator upon request.
(A) GOM cod stock area. The GOM cod stock area, for the purposes of the Regular B DAS
Program and determining areas applicable to sector allocations of ACE pursuant to §
648.87(b), is defined as the area bounded on the north and west by the coastline of the
United States, on the east by the U.S./Canadian maritime boundary, and on the south by
straight lines connecting the following points in the order stated:

GOM COD STOCK AREA
Point
GOM1

N. latitude
( 1)

W. longitude
70°00′

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.

2

U.S./Canada maritime boundary (southern intersection with 67°40′ W. long.).

3

U.S./Canada maritime boundary (northern intersection with 67°40′ W. long.).

4

U.S./Canada maritime boundary.

5

Intersection of the south-facing ME coastline and 67°00′ W. long.

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Point

50 CFR 648.85(b)(6)(v)(B)

N. latitude

W. longitude

GOM2

42°20′

70°00′

GOM3

42°20′

67°40′

GOM4

2

( )

67°40′

GOM5

( 3)

67°40′

GOM6

43°50′

67°40′

GOM7

43°50′

( 4)

GOM8

( 4)

67°00′

GOM9

( 5)

67°00′

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.

2

U.S./Canada maritime boundary (southern intersection with 67°40′ W. long.).

3

U.S./Canada maritime boundary (northern intersection with 67°40′ W. long.).

4

U.S./Canada maritime boundary.

5

Intersection of the south-facing ME coastline and 67°00′ W. long.

(B) GB cod stock area. The GB cod stock area, for the purposes of the Regular B DAS Program
and determining areas applicable to sector allocations of ACE pursuant to § 648.87(b), is
the area defined by straight lines connecting the following points in the order stated:

GB COD STOCK AREA
Point

N. latitude

W. longitude

GB1

( 1)

70°00′

GB2

42°20′

70°00′

GB3

42°20′

( 2)

GB4

35°00′

( 2)

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.

2

U.S./Canada maritime boundary.

3

Intersection of the east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

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Point

50 CFR 648.85(b)(6)(v)(C)

N. latitude

GB5

W. longitude
3

35°00′

( )

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.

2

U.S./Canada maritime boundary.

3

Intersection of the east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

(C) CC/GOM yellowtail flounder stock area. For the purposes of the Regular B DAS Program,
the CC/GOM yellowtail flounder stock area is the area defined by straight lines connecting
the following points in the order stated:

CC/GOM YELLOWTAIL FLOUNDER STOCK AREA
Point

N. latitude

W. longitude

CCGOM 1

43°00′

( 1)

CCGOM 2

43°00′

70°00′

CCGOM 3

42°30′

70°00′

CCGOM 4

42°30′

69°30′

CCGOM 5

41°30′

69°30′

CCGOM 6

41°30′

69°00′

CCGOM 7

41°00′

69°00′

CCGOM 8

41°00′

69°30′

CCGOM 5

41°30′

69°30′

CCGOM 9

41°30′

70°00′

CCGOM 10

( 2)

70°00′

CCGOM 11

42°00′

70°00′

CCGOM 12

42°00′

( 3)

CCGOM 13

42°00′

( 4)

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.

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Point

50 CFR 648.85(b)(6)(v)(D)

N. latitude

CCGOM 14

W. longitude
5

42°00′

1

Intersection with the NH coastline.

2

Intersection of the south-facing shoreline of Cape Cod, MA.

3

Intersection with the east-facing shoreline of Cape Cod, MA.

4

Intersection with the west-facing shoreline of Cape Cod, MA.

5

Intersection with the east-facing shoreline of Massachusetts.

( )

(D) American plaice stock area. The American plaice stock area, for the purposes of the
Regular B DAS Program and determining areas applicable to sector allocations of ACE
pursuant to § 648.87(b), is the area defined by straight lines connecting the following
points in the order stated:

AMERICAN PLAICE STOCK AREA
Point

N. latitude

W. longitude

AMP1

( 1)

67°00′

AMP2

( 2)

67°00′

AMP3

43°50′

( 2)

AMP4

43°50′

67°40′

AMP5

( 3)

67°40′

AMP6

( 4)

67°40′

AMP7

42°30′

67°40′

AMP8

42°30′

( 2)

AMP9

35°00′

( 2)

1

Intersection of south-facing ME coastline and 67°00′ W. long.

2

U.S./Canada maritime boundary.

3

U.S./Canada maritime boundary (northern intersection with 67°40′ N. lat.).

4

U.S./Canada maritime boundary (southern intersection with 67°40′ N. lat.)

5

Intersection of east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

50 CFR 648.85(b)(6)(v)(D) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point
AMP10

50 CFR 648.85(b)(6)(v)(E)

N. latitude

W. longitude
5

35°00′

( )

1

Intersection of south-facing ME coastline and 67°00′ W. long.

2

U.S./Canada maritime boundary.

3

U.S./Canada maritime boundary (northern intersection with 67°40′ N. lat.).

4

U.S./Canada maritime boundary (southern intersection with 67°40′ N. lat.)

5

Intersection of east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

(E) SNE/MA yellowtail flounder stock area. For the purposes of the Regular B DAS Program, the
SNE/MA stock area is the area bounded on the north, east, and south by straight lines
connecting the following points in the order stated:

SNE/MA YELLOWTAIL FLOUNDER STOCK AREA
Point

N. latitude

W. longitude

SNEMA1

40°00′

74°00′

SNEMA2

40°00′

72°00′

SNEMA3

40°30′

72°00′

SNEMA4

40°30′

69°30′

SNEMA5

41°10′

69°30′

SNEMA6

41°10′

69°50′

SNEMA7

41°20′

69°50′

SNEMA8

41°20′

( 1)

SNEMA9

(2)

70°00′

SNEMA10

41°00′

70°00′

SNEMA11

41°00′

70°30′

SNEMA12

(3)

70°30′

SNEMA13

(4)

72°00′

SNEMA14

(5)

72°00′

SNEMA15

(6)

73°00′

SNEMA16

40°30′

73°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.

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Management Measures for the NE Multispecies and Monkfish Fisheries

Point

50 CFR 648.85(b)(6)(v)(F)

N. latitude

W. longitude

SNEMA17

40°30′

74°00′

SNEMA1

40°00′

74°00′

1

East-facing shoreline of Nantucket, MA.

2

South-facing shoreline of Nantucket, MA.

3

Intersection of the south-facing shoreline of Cape Cod, MA.

4

South-facing shoreline of CT.

5

North-facing shoreline of Long Island, NY.

6

South-facing shoreline of Long Island, NY.

(F) SNE/MA winter flounder stock area. The SNE winter flounder stock area, for the purposes
of the Regular B DAS Program and identifying stock areas for trip limits specified in §§
648.86 and 648.89 is the area defined by straight lines connecting the following points in
the order stated:

SNE/MA WINTER FLOUNDER STOCK AREA
Point

N. latitude

W. longitude

1

( 1)

70°00′

2

42°20′

70°00′

3

42°20′

68°50′

4

39°50′

68°50′

5

39°50′

69°00′

6

39°00′

69°00′

7

39°00′

( 2)

8

35°00′

( 2)

9

35°00′

( 3)

1

Intersection of the north-facing Coastline of Cape Cod, MA, and 70°00′ W. long.

2

U.S./Canada maritime boundary.

3

The intersection of the east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

(G) Witch flounder stock area. The witch flounder stock area, for the purposes of the Regular B
DAS Program and determining areas applicable to sector allocations of ACE pursuant to §
648.87(b), is the area bounded on the north and west by the coastline of the United States,
bounded on the south and east by a line running east from the intersection of the eastfacing coastline of Outer Banks, NC, at 35°00′ N. lat. to the boundary of the EEZ, and
running northward to the U.S.-Canada border.

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50 CFR 648.85(b)(6)(v)(H)

(H) GB yellowtail flounder stock area. The GB yellowtail flounder stock area, for the purposes
of the Regular B DAS Program, identifying stock areas for trip limits specified in § 648.86,
and determining areas applicable to sector allocations of ACE pursuant to § 648.87(b), is
the area bounded by straight lines connecting the following points in the order stated:

GB YELLOWTAIL FLOUNDER STOCK AREA
Point

N. latitude

W. longitude

USCA1

42°20′

68°50′

USCA16

42°20′

( 1)

USCA5

39°00′

( 1)

USCA17

39°00′

69°00′

USCA18

39°50′

69°00′

USCA2

39°50′

68°50′

USCA1

42°20′

68°50′

1

U.S./Canada maritime boundary.

(I)

GB winter flounder stock area. The GB winter flounder stock area, for the purposes of the
Regular B DAS Program, identifying stock areas for trip limits specified in § 648.86, and
determining areas applicable to sector allocations of ACE pursuant to § 648.87(b), is the
area bounded by straight lines connecting the following points in the order stated:

GB WINTER FLOUNDER STOCK AREA
Point

N. latitude

W. longitude

USCA1

42°20′

68°50′

USCA16

42°20′

( 1)

USCA5

39°00′

( 1)

USCA17

39°00′

69°00′

USCA18

39°50′

69°00′

USCA2

39°50′

68°50′

USCA1

42°20′

68°50′

1

U.S./Canada maritime boundary.

(J) White hake stock area. The white hake stock area, for the purposes of the Regular B DAS
Program, identifying stock areas for trip limits specified in § 648.86, and determining
areas applicable to sector allocations of ACE pursuant to § 648.87(b), is the area bounded
on the north and west by the coastline of the United States, bounded on the south and
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50 CFR 648.85(b)(6)(v)(K)

east by a line running east from the intersection of the east-facing coastline of Outer
Banks, NC, at 35°00′ N. lat. to the boundary of the EEZ, and running northward to the U.S.Canada border.
(K) Pollock stock area. The pollock stock area, for the purposes of the Regular B DAS Program
and determining areas applicable to sector allocations of ACE pursuant to § 648.87(b), is
the area defined by straight lines connecting the following points in the order stated:

POLLOCK STOCK AREA
Point

N. latitude

W. longitude

P1

1

( )

67°00′

P2

( 2)

67°00′

P3

43°50′

( 2)

P4

43°50′

67°40′

P5

( 3)

67°40′

P6

( 4)

67°40′

P7

42°30′

67°40′

P8

42°30′

( 2)

P9

35°00′

( 2)

P10

35°00′

( 5)

1

Intersection of south-facing ME coastline and 67°00′ W. long.

2

U.S./Canada maritime boundary.

3

U.S./Canada maritime boundary (northern intersection with 67°40′ N. lat.).

4

U.S./Canada maritime boundary (southern intersection with 67°40′ N. lat.).

5

Intersection of east-facing coastline of Outer Banks, NC, and 35°00′ N. lat.

(vi) Closure of the Regular B DAS Program. The Regional Administrator, based upon information
required under §§ 648.7, 648.9, 648.10, or 648.85, and any other relevant information may, in a
manner consistent with the Administrative Procedure Act, prohibit the use of Regular B DAS for
the duration of a quarter or fishing year, if it is projected that continuation of the Regular B DAS
Program would undermine the achievement of the objectives of the FMP or Regular B DAS
Program. Reasons for terminating the program include, but are not limited to the following:
Inability to constrain catches to the Incidental Catch TACs; evidence of excessive discarding; a
significant difference in flipping rates between observed and unobserved trips; or insufficient
observer coverage to adequately monitor the program.
(7) Eastern U.S./Canada Haddock SAP —
(i)

Eligibility. A vessel issued a valid limited access NE multispecies permit and fishing with trawl
gear as specified in paragraph (b)(8)(v)(E) of this section while operating under a NE
multispecies DAS or on a sector trip, provided the sector to which the vessel belongs has been
allocated ACE for all stocks caught within the Eastern U.S./Canada Area pursuant to §

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.85(b)(7)(ii)

648.87(b)(1)(i), is eligible to participate in the Eastern U.S./Canada Haddock SAP and may fish
in the Eastern U.S./Canada Haddock SAP Area, as described in paragraph (b)(8)(ii) of this
section, during the season specified in paragraph (b)(8)(iv) of this section, provided such vessel
complies with the requirements of this section and provided the SAP is not closed according to
the provisions specified in paragraph (b)(8)(v)(K) or (L) of this section, the Eastern U.S./Canada
Area is not closed as described under paragraph (a)(3)(iv)(E) of this section, or the sector to
which the vessel belongs no longer has ACE available for all stocks caught within the Eastern
U.S./Canada Area pursuant to § 648.87(b)(1)(i).
(ii) Eastern U.S./Canada Haddock SAP Area. The Eastern U.S./Canada Haddock SAP Area is the
area defined by straight lines connecting the following points in the order stated:

EASTERN U.S./CANADA HADDOCK SAP AREA
Point

N. Lat.

W. Long.

CAII3

42° 22′

67° 20′(1)

SAP1

42° 20′

67° 20′

SAP2

42° 20′

67° 40′

SAP3

41° 10′

67° 40′

SAP4

41° 10′

67° 20′

SAP5

42° 10′

67° 20′

SAP6

42° 10′

67° 10′

CAII3

42° 22′

67° 20′(1)

(1)

U.S./Canada maritime boundary.

(iii) [Reserved]
(iv) Season. An eligible vessel may fish in the Eastern U.S./Canada Haddock SAP from August 1
through December 31.
(v) Program restrictions —
(A) Area and DAS use restrictions. A common pool vessel fishing under a NE multispecies DAS
in the Eastern U.S./Canada Haddock SAP may elect to fish under a Category A or Category
B DAS in accordance with § 648.82(d)(2), or in multiple areas in accordance with the
restrictions of this paragraph (b)(8)(v)(A). A vessel on a sector trip in the Eastern
U.S./Canada Haddock SAP may elect to fish in multiple areas in accordance with the
restrictions of this paragraph (b)(8)(v)(A).
(1) If fishing under a Category B DAS, a vessel is required to comply with the no
discarding and DAS flip requirements specified in paragraph (b)(8)(v)(I) of this
section, and the minimum Category A DAS requirements of paragraph (b)(8)(v)(J) of
this section.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.85(b)(7)(v)(A)(2)

(2) A vessel that is declared into the Eastern U.S./Canada Haddock SAP described in
paragraph (b)(8)(i) of this section may fish, on the same trip, in the Eastern
U.S./Canada Haddock SAP Area and in the Closed Area II Yellowtail Flounder/
Haddock SAP Area, as described in paragraph (b)(3)(ii) of this section, and, for
common pool vessels fishing a NE multispecies DAS, while under either a Category A
DAS or a Category B DAS.
(3) A vessel may choose, on the same trip, to fish in either/both the Eastern U.S./Canada
Haddock SAP Program and the Closed Area II Yellowtail Flounder/Haddock SAP
Area, and in the portion of the Eastern U.S./Canada Area described in paragraph
(a)(1)(ii) of this section that lies outside of these two SAPs, provided a common pool
vessel fishes under a Category A DAS and all eligible vessels comply with the VMS
restrictions of paragraph (b)(8)(v)(D) of this section. Such a vessel may also elect to
fish outside of the Eastern U.S./Canada Area on the same trip, in accordance with the
restrictions of paragraph (a)(3)(ii)(A) of this section.
(4) A common pool vessel fishing under a NE multispecies DAS that elects to fish in
multiple areas, as described in this paragraph (b)(8)(v)(A), must fish under the most
restrictive DAS counting requirements specified in § 648.10(e)(5), trip limits, and
reporting requirements of the areas fished for the entire trip. A vessel on a sector trip
that elects to fish in multiple areas, as described in this paragraph (b)(8)(v)(A), must
comply with the most restrictive reporting requirements of the areas fished for the
entire trip, unless otherwise specified by the Regional Administrator in a manner
consistent with the Administrative Procedure Act.
(B) VMS requirement. A vessel issued a limited access NE multispecies permit fishing in the
Eastern U.S./Canada Haddock SAP Program specified in paragraph (b)(8)(i) of this section
must have installed on board an operational VMS unit that meets the minimum
performance criteria specified in §§ 648.9 and 648.10.
(C) Observer notifications. For the purpose of selecting vessels for observer deployment, a
vessel must provide notice to NMFS of the vessel name; contact name for coordination of
observer deployment; telephone number for contact; areas to be fished; and date, time,
and port of departure at least 48 hours prior to the beginning of any trip that it declares
into the Eastern U.S./Canada Haddock SAP Program specified in paragraph (b)(8)(i) of
this section, as required under paragraph (b)(8)(v)(D) of this section, and in accordance
with instructions provided by the Regional Administrator.
(D) VMS declaration. To fish in the Eastern U.S./Canada Haddock SAP, a vessel issued a
limited access NE multispecies permit must declare into the SAP via VMS and provide
information on the areas within the Eastern U.S./Canada Area that it intends to fish and
the type of DAS (Category A, Regular B, or Reserve B) that it intends to fish, if operating
under the provisions of the common pool, prior to departure from port, in accordance with
paragraph (b)(8)(v)(A) of this section and any instructions provided by the Regional
Administrator.
(E) Gear requirement —
(1) Unless otherwise specified in this paragraph (b)(8)(v)(E)(1), a vessel issued a limited
access NE multispecies permit fishing in the Eastern U.S./Canada Haddock SAP
must use the haddock separator trawl or the Ruhle Trawl, as described in paragraphs
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.85(b)(7)(v)(E)(2)

(a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this section, respectively, or another type of gear, if
approved as described in this paragraph (b)(8)(v)(E). A vessel on a sector trip in the
Eastern U.S./Canada Haddock SAP is not restricted to only using the haddock
separator trawl or the Ruhle trawl, but may use any gear authorized in paragraph
(a)(3)(iii) of this section, unless otherwise restricted by a sector operations plan
approved pursuant to § 648.87(c). Other gear may be on board the vessel when on a
trip in the Eastern U.S./Canada Haddock SAP, provided that the gear is stowed and
not available for immediate use as defined in § 648.2.
(2) Approval of additional gear. The Regional Administrator may authorize additional gear
for use in the Eastern U.S./Canada Haddock SAP in accordance with the standards
and requirements specified at § 648.85(b)(6)(iv)(J)(2).
(F) Landing limits. Unless otherwise restricted under this part, a vessel fishing any portion of a
trip in the Eastern U.S./Canada Haddock SAP under a NE multispecies DAS may not fish
for, possess, or land more than 1,000 lb (453.6 kg) of cod, per trip, regardless of trip
length. A common pool vessel fishing in the Eastern U.S./Canada Haddock SAP under a
NE multispecies DAS is subject to the haddock requirements described in § 648.86(a),
unless further restricted under paragraph (a)(3)(iv) of this section. A common pool vessel
fishing in the Eastern U.S./Canada Haddock SAP may not land more than 100 lb (45.5 kg)
per DAS, or any part of a DAS, of GB yellowtail flounder, up to a maximum of 500 lb (227
kg) of all flatfish species, combined. Possession of monkfish (whole weight) and skates
(whole weight) is limited to 500 lb (227 kg) each, unless otherwise restricted by §
648.94(b)(3), and possession of lobsters is prohibited. Possession limits for all other
stocks are as specified in § 648.86.
(G) Reporting requirements. The owner or operator of a vessel declared into the Eastern
U.S./Canada Haddock SAP, as described in paragraph (b)(8) of this section, must submit
reports in accordance with the reporting requirements described in paragraph (a)(3)(v) of
this section.
(H) Incidental TACs. The maximum amount of GB cod and GB yellowtail flounder, both
landings and discards, that may be caught when fishing in the Eastern U.S./Canada
Haddock SAP Program in a fishing year by vessels fishing under a Category B DAS, as
authorized in paragraph (b)(8)(v)(A) of this section, is the amount specified in paragraphs
(b)(5)(ii) and (iii) of this section. All regulated species and ocean pout caught by a vessel
on a sector trip will be applied against the ACE for each stock that is specified for the
sector in which the vessel participates.
(I)

No discard provision and DAS flips. A vessel fishing in the Eastern U.S./Canada Haddock
SAP Program may not discard legal-sized regulated or ocean pout unless otherwise
required due to a prohibition of the possession of such species specified in this part. If a
common pool vessel fishing in the Eastern U.S./Canada Haddock SAP under a Category B
DAS exceeds the applicable maximum landing limit per trip specified in paragraph
(b)(8)(v)(F) of this section, or in § 648.86, the vessel operator must retain the fish and
immediately notify NMFS via VMS to initiate a DAS flip (from a Category B DAS to a
Category A DAS). After flipping to a Category A DAS, the vessel is subject to all applicable
landing limits specified in § 648.85(a) or § 648.86. If a common pool vessel fishing in this
SAP while under a Category B DAS or a Category A DAS exceeds a trip limit specified in
paragraph (b)(8)(v)(F) of this section or § 648.86, or other applicable trip limit, the vessel

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.85(b)(7)(v)(J)

must immediately exit the SAP area defined in paragraph (b)(8)(ii) of this section for the
remainder of the trip. For a common pool vessel that notifies NMFS of a DAS flip, the
Category B DAS that have accrued between the time the vessel started accruing Category
B DAS and the time the vessel declared its DAS flip will be accrued as Category A DAS
pursuant to § 648.82(e)(1), and not Category B DAS.
(J) Minimum Category A DAS. To fish under a Category B DAS, the number of Category B DAS
that can be used on a trip cannot exceed the number of available Category A DAS the
vessel has at the start of the trip.
(K) Mandatory closure of Eastern U.S./Canada Haddock SAP. When the Regional Administrator
projects that one or more of the TAC allocations specified in paragraph (b)(8)(v)(H) of this
section has been caught by vessels fishing under Category B DAS, NMFS shall prohibit the
use of Category B DAS in the Eastern U.S./Canada Haddock SAP, through publication in
the FEDERAL REGISTER consistent with the Administrative Procedure Act. In addition, the
closure regulations described in paragraph (a)(3)(iv)(E) of this section shall apply to the
Eastern U.S./Canada Haddock SAP Program.
(L) General closure of the Eastern U.S./Canada Haddock SAP Area. The Regional Administrator,
based upon information required under § 648.7, 648.9, 648.10, or 648.85, and any other
relevant information may, through rulemaking consistent with the Administrative
Procedure Act, close the Eastern U.S./Canada Haddock SAP Pilot Program for the
duration of the season, if it is determined that continuation of the Eastern U.S./Canada
Haddock SAP Pilot Program would undermine the achievement of the objectives of the
FMP or the Eastern U.S./Canada Haddock SAP Pilot Program.
(c) Scallop fishery closed area access program. Limited access scallop vessels operating under the Sea
Scallop Area Access Program, as defined in § 648.59, and fishing in accordance with the regulations at §
648.60 may possess and land up to 1,000 lb (453.6 kg) of all NE multispecies combined, as provided in §
648.60(a)(5)(ii), unless otherwise restricted in this section.
(d) Authorized gear performance standards. Unless otherwise restricted in this part, in areas and times when a
special management program, as specified in this section, requires the use of gear authorized by that
program to reduce catches of stocks of concern, participating vessels are restricted to the following trip
limits: 500 lb (227 kg) of all flatfish species (American plaice, witch flounder, winter flounder, windowpane
flounder, and GB yellowtail flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb (227
kg) of skates (whole weight); and zero possession of lobsters, unless otherwise restricted by §
648.94(b)(3).
(e) Universal exemption programs for sector vessels —
(1) Redfish Exemption Program —
(i)

Eligibility. Any vessel enrolled in a NMFS approved Northeast multispecies sector and issued a
limited access Northeast multispecies permit that allows the use of trawl gear consistent with
paragraph (e)(1)(vii) of this section may fish in compliance with the provisions of the Redfish
Exemption Program described in paragraphs (e)(1)(ii) through (viii) of this section, except those
vessels enrolled in a sector whose members have been prohibited from doing so by the
Regional Administrator under paragraph (e)(1)(viii)(C) of this section, or those vessels ineligible
or prohibited for any other reason. Letters of authorization issued pursuant to § 648.87(c)(2)
shall authorize or prohibit participation in the program by sector vessels consistent with
paragraph (e)(1)(viii)(C) of this section.

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50 CFR 648.85(e)(1)(ii)

(ii) Redfish Exemption Area. The Redfish Exemption Area is the area defined by straight lines
connecting the following points in the order stated, except between points D and E and E and F,
the boundary follows the outer limits of the U.S. EEZ. (A chart depicting this area is available
from the Regional Administrator upon request):

TABLE 14 TO PARAGRAPH (e)(1)(ii) INTRODUCTORY TEXT
Point

N lat.

W long.

A

43°00′

69°55′

B

43°00′

69°30′

C

43°20′

69°30′

D

43°20′

( 1)

E

42°53.24′

67°44.55′

F

42°20′

( 2)

G

42°20′

67°40′

H

42°00′

67°40′

I

42°00′

69°37′

J

42°20′

69°55′

A

43°00′

69°55′

1

U.S. EEZ longitude, approximately 67°35.07′.

2

U.S. EEZ longitude, approximately 67°18.17′.

(A) Redfish Exemption Area Cod Closure. No vessel may participate in the Redfish Exemption
Program inside the Redfish Exemption Area Cod Closure from February 1 through March
31 of each year. The Redfish Exemption Area Cod Closure is the area defined by straight
lines connecting the following points in the order stated:

TABLE 15 TO PARAGRAPH (e)(1)(ii)(A)
Point

N Lat.

W Long.

A

43°00′

69°55′

B

43°00′

69°30′

K

42°30′

69°30′

L

42°30′

69°55′

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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Point

50 CFR 648.85(e)(1)(ii)(B)

N Lat.

A

43°00′

W Long.
69°55′

(B) Redfish Exemption Area Seasonal Closure II. No vessel may participate in the Redfish
Exemption Program inside the Redfish Exemption Area Seasonal Closure II from
September 1 through December 31 of each year. The Redfish Exemption Area Seasonal
Closure II is the area defined by straight lines connecting the following points in the order
stated, except between points F and G the boundary follows the outer limits of the U.S.
EEZ:

TABLE 16 TO PARAGRAPH (e)(1)(ii)(B)
Point

N lat.

M

W long.
42°47.17′

67°40′

F

42°20′

( 1)

G

42°20′

67°40′

M

42°47.17′

67°40′

1

U.S. EEZ longitude, approximately 67°18.17′.

(C) No vessel may participate in the Redfish Exemption Program in any areas that are
otherwise closed to fishing for Northeast multispecies or fishing with trawl gear, including
but not limited to year-round closed areas, seasonal closed areas, or habitat closures.
(iii) Season. An eligible vessel as described in paragraph (e)(1)(i) of this section may participate in
the Redfish Exemption Program from May 1 through April 30 of each year as authorized in the
vessel's letter of authorization issued pursuant to § 648.87(c)(2), unless otherwise prohibited in
the letter of authorization under paragraph (e)(1)(viii)(C) of this section.
(iv) Declaration. To participate in the Redfish Exemption Program on a sector trip, an eligible vessel
must declare its intent to do so through the VMS prior to leaving the dock, in accordance with
instructions provided by the Regional Administrator.
(A) Pre-trip notification. For the purposes of selecting vessels for observer deployment or
electronic monitoring, a vessel participating in the Redfish Exemption Program must
comply with all pre-trip notification requirements at § 648.11(l).
(B) [Reserved]
(v) Reporting —

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.85(e)(1)(v)(A)

(A) Daily catch reporting. The owner or operator of a vessel that has declared into the Redfish
Exemption Program as required in paragraph (e)(1)(iv) of this section must submit catch
reports via VMS, for each day of the fishing trip. Vessels subject to the daily reporting
requirement must report daily for the entire fishing trip, including any portion fished
outside of the Redfish Exemption Area. The reports must be submitted in 24-hr intervals
for each day, beginning at 0000 hr and ending at 2359 hr, and must be submitted by 0900
hr of the following day, or as instructed by the Regional Administrator. The reports must
include at least the following information:
(1) VTR serial number or other universal ID specified by the Regional Administrator;
(2) Date fish were caught and statistical area in which fish were caught; and
(3) Total pounds of each regulated Northeast multispecies and ocean pout kept (in
pounds, live weight) as well as the total pounds of other kept catch (in pounds, live
weight) in each statistical area, as instructed by the Regional Administrator.
(B) Redfish exemption fishing notification. After the vessel has entered the Redfish Exemption
Area, the owner or operator of a vessel must submit a redfish exemption fishing
notification before switching to a smaller mesh codend allowed under the Redfish
Exemption Program. This notification is provided with an additional catch report
submitted via VMS, reporting all catch on board and indicating that the vessel is switching
to a smaller mesh codend. This notification indicates that the vessel is now fishing under
the provisions of the Redfish Exemption Program. Vessels that fail to declare into the
Redfish Exemption Program as required in paragraph (e)(1)(iv) of this section may not fish
under the Redfish Exemption Program even if this notification is sent. The notification
must include at least the following information:
(1) VTR serial number or other universal ID specified by the Regional Administrator;
(2) Date fish were caught and statistical area in which fish were caught;
(3) Total pounds of each regulated Northeast multispecies and ocean pout kept (in
pounds, live weight) as well as the total pounds of other kept catch (in pounds, live
weight) in each statistical area, as instructed by the Regional Administrator; and
(4) Indication that the vessel is now switching to a smaller mesh codend.
(vi) Area fished.
(A) A vessel that has declared its intent to fish under the Redfish Exemption Program
consistent with paragraph (e)(1)(iv) of this section may conduct the first part of its trip
outside the provisions of the Redfish Exemption Program, subject to all other Northeast
multispecies regulations including codend mesh size, prior to sending a redfish exemption
fishing notification as described in paragraph (e)(1)(v)(B) of this section.
(B) Once a vessel has sent a redfish exemption fishing notification as described in paragraph
(e)(1)(v)(B) of this section, the vessel is prohibited from fishing outside of the Redfish
Exemption Area for the remainder of its trip.

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50 CFR 648.85(e)(1)(vii)

(vii) Gear requirements. Vessels may only use trawl gear when declared into and fishing in the
Redfish Exemption Program. Vessels may fish in the Redfish Exemption Program with any trawl
gear, including, but not limited to, otter trawl, haddock separator trawl, flounder trawl, or Ruhle
trawl.
(A) Minimum codend mesh size. The minimum codend mesh size for vessels fishing in the
Redfish Exemption Program is 5.5-inch square or diamond mesh. All other trawl net
restrictions listed in § 648.80(a)(3)(i) and (a)(4)(i), including minimum mesh sizes for the
net body and extensions, still apply.
(B) Gear stowage. Codends with mesh smaller than otherwise permitted by regulation at §
648.80(a)(3)(i) and (a)(4)(i), or § 648.87(c)(2)(ii)(D), must be stowed during transit to and
from the Redfish Exemption Area, and when not in use under the Redfish Exemption
Program. Any non-trawl fishing gear must be stowed for the duration of any trip for which
a vessel declared its intent to fish under the Redfish Exemption Program consistent with
paragraph (e)(1)(iv) of this section. Stowed gear must be not available for immediate use
consistent with definitions in § 648.2
(viii) Catch Thresholds —
(A) Monthly Performance Thresholds.
(1) Monthly Redfish Landings Threshold—Monthly redfish landings by a sector whose
member vessels fish under the provisions of the Redfish Exemption Program may not
be less than 50 percent of all the allocated Northeast multispecies stocks landed
each month while fishing under the provisions of the Redfish Exemption Program.
(2) Monthly Discards Threshold—Monthly observed discards of regulated Northeast
multispecies and ocean pout by a sector whose member vessels fish under the
provisions of the Redfish Exemption Program may not exceed 5 percent of total
observed kept catch, for those portions of trips fished each month under the
provisions of the Redfish Exemption Program.
(B) Annual Performance Thresholds.
(1) Annual Redfish Landings Threshold—Annual fishing year redfish landings by a sector
whose member vessels fish under the provisions of the Redfish Exemption Program
may be no less than 55 percent of all the allocated Northeast multispecies stocks
landed while fishing under the provisions of the Redfish Exemption Program.
(C) Administration of thresholds.
(1) For the purpose of determining a sector's monthly redfish landings threshold
performance described in paragraph (e)(1)(viii)(A)(1) of this section and the annual
redfish landings threshold described in paragraph (e)(1)(viii)(B)(1) of this section,
landings of allocated regulated species by vessels participating in a maximized
retention electronic monitoring program consistent with § 648.11(l), including
landings of allocated stocks below the minimum size at § 648.83(a)(1), will be
counted as landings and not discards.

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50 CFR 648.85(e)(1)(viii)(C)(2)

(2) For the purpose of determining a sector's monthly discards threshold performance
described in paragraph (e)(1)(viii)(A)(2) of this section, a trip by a vessel participating
in a maximized retention electronic monitoring program consistent with § 648.11(l)
will be excluded from evaluation of the monthly discard threshold.
(3) If a sector fails to meet the monthly redfish landings threshold or the monthly
discards threshold described in paragraphs (e)(1)(viii)(A)(1) and (2) of this section
for four or more months total, or three or more consecutive months, in a fishing year,
the Regional Administrator shall prohibit all vessels in that sector from fishing under
the provisions of the Redfish Exemption Program for the remainder of the fishing
year, and place the sector and its vessels in a probationary status for one fishing year
beginning the following fishing year.
(4) If a sector fails to meet the annual redfish landings threshold described in paragraph
(e)(1)(viii)(B)(1) of this section in a fishing year, the Regional Administrator shall
place the sector and its vessels in a probationary status for one fishing year
beginning the following fishing year.
(5) While in probationary status as described in paragraph (e)(1)(viii)(C)(3) or (4) of this
section, if the sector fails to meet the monthly redfish landings threshold or the
monthly discards threshold described in paragraphs (e)(1)(viii)(A)(1) and (2) of this
section for four or more months total, or three or more consecutive months, in that
fishing year, the Regional Administrator shall prohibit all vessels in that sector from
fishing under the provisions of the Redfish Exemption Program for the remainder of
the fishing year and the following fishing year.
(6) If a sector fails to meet the annual redfish landings threshold in paragraph
(e)(1)(viii)(B)(1) of this section for any fishing year during which the sector is in a
probationary status as described in paragraph (e)(1)(viii)(C)(3) or (4) of this section,
the Regional Administrator shall prohibit all vessels in that sector from fishing under
the provisions of the Redfish Exemption Program for the following fishing year.
(7) The Regional Administrator may determine a sector has failed to meet required
monthly or annual thresholds described in paragraphs (e)(1)(viii)(A) and (B) of this
section using available information including, but not limited to, vessel declarations
and notifications, vessel trip reports, dealer reports, and observer and electronic
monitoring records.
(8) The Regional Administrator shall notify a sector of a failure to meet the required
monthly or annual thresholds and the sector's vessels prohibition or probation status
consistent with the provisions in paragraphs (e)(1)(viii)(C)(1) through (7) of this
section. The Regional Administrator shall also make administrative amendments to
the approved sector operations plan and issue sector vessel letters of authorization
consistent with the provisions in paragraphs (e)(1)(viii)(C)(1) through (7) of this
section. These administrative amendments may be made during a fishing year or
during the sector operations plan and sector contract approval process.
(9) A sector may request in writing that the Regional Administrator review and reverse a
determination made under the provisions of this section within 30 days of the date of
the Regional Administrator's determination. Any such request must be based on
information showing the sector complied with the required thresholds, including, but
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50 CFR 648.85(e)(1)(ix)

not limited to, landing, discard, observer or electronic monitoring records. The
Regional Administrator will review and maintain or reverse the determination and
notify the sector of this decision in writing. Any determination resulting from a review
conducted under this paragraph (e)(1)(viii)(C)(9) is final and may not be reviewed
further.
(ix) Program review. The Council will review the Redfish Exemption Program after the first peerreviewed redfish stock assessment following implementation of the program. The Council will
prepare a report, which may include, but is not limited to, an evaluation of threshold
performance, vessel-level performance, bycatch of non-redfish stocks, and changes in catch
selectivity, and will consider the goals and objectives of the Redfish Exemption Program and
the FMP. The Council may decide, as needed, to conduct additional reviews following the review
outlined in this section.
(2) [Reserved]
[69 FR 22975, Apr. 27, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.85, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.86 NE Multispecies possession restrictions.
Except as provided in §§ 648.11(l) and 648.17, or elsewhere in this part, the following possession restrictions apply:
(a) Haddock —
(1) NE multispecies common pool vessels. Haddock possession restrictions for such vessels may be
implemented through Regional Administrator authority, as specified in paragraph (r) of this section.
(2) Scallop dredge vessels.
(i)

No person owning or operating a scallop dredge vessel issued a NE multispecies permit may
land haddock from, or possess haddock on board, a scallop dredge vessel from January 1
through June 30.

(ii) No person owning or operating a scallop dredge vessel without an NE multispecies permit may
possess haddock in, or harvested from, the EEZ from January 1 through June 30.
(iii) Unless otherwise authorized by the Regional Administrator as specified in paragraph (f) of this
section, scallop dredge vessels or persons owning or operating a scallop dredge vessel that is
fishing under a scallop DAS allocated under § 648.53 may land or possess on board up to 300
lb (136.1 kg) of haddock, except as specified in § 648.88(c), provided that the vessel has at
least one standard tote on board. This restriction does not apply to vessels also issued limited
access NE multispecies permits that are fishing under a multispecies DAS. Haddock on board a
vessel subject to this possession limit must be separated from other species of fish and stored
so as to be readily available for inspection.
(3)

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(i)

50 CFR 648.86(a)(3)(i)

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 §
648.80(d), may only possess and land haddock, in accordance with requirements specified in §
648.80(d) and (e).

(ii) Haddock incidental catch cap.
(A)
(1) Haddock incidental catch cap. When the Regional Administrator has determined that
the incidental catch allowance for a given haddock stock, as specified in §
648.90(a)(4)(iii)(D), has been caught, no vessel issued an Atlantic herring permit and
fishing with midwater trawl gear in the applicable stock area, i.e., the Herring GOM
Haddock Accountability Measure (AM) Area or Herring GB Haddock AM Area, as
defined in paragraphs (a)(3)(ii)(A)(2) and (3) of this section, may fish for, possess, or
land herring in excess of 2,000 lb (907.2 kg) per trip in or from that area, unless all
herring possessed and landed by the vessel were caught outside the applicable AM
Area and the vessel's gear is stowed and not available for immediate use as defined
in § 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 § 648.10(g)) NE
multispecies trip. In making this determination, the Regional Administrator shall use
haddock catches observed by observers or monitors by herring vessel trips using
midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in §
648.200(f)(1) and (3), expanded to an estimate of total haddock catch for all such
trips in a given haddock stock area.
(2) Herring GOM Haddock Accountability Measure Area. The Herring GOM Haddock AM
Area is defined by the straight lines connecting the following points in the order
stated (copies of a map depicting the area are available from the Regional
Administrator upon request):

HERRING GOM HADDOCK ACCOUNTABILITY MEASURE AREA
Point

N. latitude

W. longitude

HGA1

(1)

69°20′

HGA

43°40′

69°20′

1

The intersection of the Maine coastline and 69°20′ W. long.

2

The intersection of the U.S./Canada maritime boundary and 43°20′ N. lat.

3

The intersection of the U.S./Canada maritime boundary and 42°20′ N. lat.

4

The intersection of the north-facing shoreline of Cape Cod, MA, and 70°00′ W. long.

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Point

N. latitude

W. longitude

HGA3

43°40′

69°00′

HGA4

43°20′

69°00′

HGA5

43°20′

( 2)

HGA6

42°20′

( 3)

HGA7

42°20′

70°00′

4

HGA8

50 CFR 648.86(a)(3)(ii)(A)(3)

( )

70°00′

1

The intersection of the Maine coastline and 69°20′ W. long.

2

The intersection of the U.S./Canada maritime boundary and 43°20′ N. lat.

3

The intersection of the U.S./Canada maritime boundary and 42°20′ N. lat.

4

The intersection of the north-facing shoreline of Cape Cod, MA, and 70°00′ W. long.

(3) The Herring GB Haddock Accountability Measure Area. The Herring GB Haddock AM
Area is defined by the straight lines connecting the following points in the order
stated (copies of a map depicting the area are available from the Regional
Administrator upon request):

HERRING GB HADDOCK ACCOUNTABILITY MEASURE AREA
Point

N. Latitude

W. Longitude

1

42° 20′

70° 00′

2

42° 20′

(1)

3

40° 30′

(1)

4

40° 30′

66° 40′

5

39° 50′

66° 40′

6

39° 50′

68° 50′

7

( 2)

68° 50′

8

41° 00′

(3)

9

41° 00′

69° 30′

10

41° 10′

69° 30′

1

The intersection of the U.S./Canada maritime boundary.

2

The intersection of the boundary of Closed Area I and 68° 50′ W. long.

3

The intersection of the boundary of Closed Area I and 41° 00′ N. lat.

4

The intersection of the east-facing shoreline of Nantucket, MA, and 41° 20′ N. lat.

5

The intersection of the north-facing shoreline of Nantucket, MA, and 70° 00′ W. long.

6

The intersection of the south-facing shoreline of Cape Cod, MA, and 70° 00′ W. long.

7

The intersection of the north-facing shoreline of Cape Cod, MA, and 70° 00′ W. long.

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Point

N. Latitude

W. Longitude

11

41° 10′

69° 50′

12

41° 20′

69° 50′

13

41° 20′

(4)

14

( 5)

70° 00′

15

6

( )

70° 00′

16

7

70° 00′

( )

50 CFR 648.86(a)(3)(ii)(A)(4)

1

The intersection of the U.S./Canada maritime boundary.

2

The intersection of the boundary of Closed Area I and 68° 50′ W. long.

3

The intersection of the boundary of Closed Area I and 41° 00′ N. lat.

4

The intersection of the east-facing shoreline of Nantucket, MA, and 41° 20′ N. lat.

5

The intersection of the north-facing shoreline of Nantucket, MA, and 70° 00′ W. long.

6

The intersection of the south-facing shoreline of Cape Cod, MA, and 70° 00′ W. long.

7

The intersection of the north-facing shoreline of Cape Cod, MA, and 70° 00′ W. long.

(4) The haddock incidental catch caps specified are for the NE multispecies fishing year
(May 1-April 30), which differs from the herring fishing year (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 § 648.90(a)(4)(iii)(D), the 2,000-lb
(907.2-kg) limit on herring possession in the applicable AM Area, as described in
paragraph (a)(3)(ii)(A)(2) or (3) of this section, shall be in effect until the end of the
NE multispecies fishing year. For example, the 2011 haddock incidental catch cap is
specified for the period May 1, 2011-April 30, 2012, and the 2012 haddock catch cap
would be specified for the period May 1, 2012-April 30, 2013. If the catch of haddock
by herring midwater trawl vessels reached the 2011 incidental catch cap at any time
prior to the end of the NE multispecies fishing year (April 30, 2012), the 2,000-lb
(907.2-kg) limit on possession of herring in the applicable AM Area would extend
through April 30, 2012. Beginning May 1, 2012, the 2012 catch cap would go into
effect.
(B) [Reserved]
(b) Cod —
(1) GOM cod landing limit. Except as provided in paragraph (b)(4) of this section, or unless otherwise
restricted under § 648.85, a vessel fishing under a NE multispecies DAS permit, including a vessel
issued a monkfish limited access permit and fishing under the monkfish Category C or D permit
provisions, may land up to 800 lb (362.9 kg) of cod for each DAS, or part of a DAS, up to 4,000 lb
(1,818.2 kg) per trip. Cod on board a vessel subject to this landing limit must be separated from
other species of fish and stored so as to be readily available for inspection.
(2) GB cod landing and maximum possession limits. Unless otherwise restricted under § 648.85, a vessel
fishing under a NE multispecies DAS permit, including a vessel issued a monkfish limited access
permit and fishing under the monkfish Category C or D permit provisions, may land up to 2,000 lb
(907.2 kg) of cod per DAS, or part of a DAS, up to 20,000 lb (9,072 kg) provided it complies with the
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50 CFR 648.86(b)(3)

requirements specified in paragraph (b)(4) of this section and this paragraph (b)(2). Cod on board a
vessel subject to this landing limit must be separated from other species of fish and stored so as to
be readily available for inspection.
(3) [Reserved]
(4) Exemption. A common pool vessel fishing under a NE multispecies DAS is exempt from the landing
limit described in paragraph (b)(1) of this section when fishing south of the GOM Regulated Mesh
Area, defined in § 648.80(a)(1), provided that it complies with the requirement of this paragraph
(b)(4).
(i)

Declaration. With the exception of a vessel declared into the U.S./Canada Management Area, as
described in § 648.85(a)(3)(ii), a common pool vessel that fishes or intends to fish under a NE
multispecies DAS south of the line described in paragraph (b)(4) of this section, under the cod
trip limits described in paragraph (b)(2) of this section, must, prior to leaving port, declare its
intention to do so through the VMS, in accordance with instructions to be provided by the
Regional Administrator. In lieu of a VMS declaration, the Regional Administrator may authorize
such vessels to obtain a letter of authorization. If a letter of authorization is required, such
vessel may not fish north of the exemption area for a minimum of 7 consecutive days (when
fishing under the multispecies DAS program), and must carry the letter of authorization on
board.

(ii) A common pool vessel exempt from the GOM cod landing limit pursuant to paragraph (b)(4)(i)
of this section may not fish north of the line specified in paragraph (b)(4) of this section for the
duration of the trip, but may transit the GOM Regulated Mesh Area, provided that its gear is
stowed and not available for immediate use as defined in § 648.2. A vessel fishing north and
south of the line on the same trip is subject to the most restrictive applicable cod trip limit.
(c) Atlantic halibut. A vessel issued a NE multispecies permit under § 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 § 648.90(a)(5)(i)(F).
(d) Small-mesh multispecies.
(1) Vessels issued a valid Federal NE multispecies permit specified under § 648.4(a)(1) are subject to
the following possession limits for small-mesh multispecies, which are based on the mesh size used
by, or on board vessels fishing for, in possession of, or landing small-mesh multispecies.
(i)

Vessels possessing on board or using nets of mesh size smaller than 3 in (7.62 cm). Owners or
operators of a vessel may possess and land not more than 15,000 lb (6,804 kg) of combined
silver hake and offshore hake, if either of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on board the vessel is smaller
than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph (d)(1)(iv)
of this section, as measured in accordance with § 648.80(f); or
(B) The mesh size of any net or part of a net on board the vessel not incorporated into a fully
constructed net is smaller than 3 inches (7.62 cm), as measured by methods specified in
§ 648.80(f). “Incorporated into a fully constructed net” means that any mesh smaller than
3 inches (7.62 cm) that is incorporated into a fully constructed net may occur only in the

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50 CFR 648.86(d)(1)(ii)

part of the net not subject to the mesh size restrictions specified in paragraph (d)(1)(iv) of
this section, and the net into which the mesh is incorporated must be available for
immediate use.
(ii) [Reserved]
(iii) Vessels possessing on board or using nets of mesh size equal to or greater than 3 in (7.62 cm).
An owner or operator of a vessel that is not subject to the possession limits specified in
paragraphs (d)(1)(i) and (ii) of this section may possess and land not more than 30,000 lb
(13,608 kg) of combined silver hake and offshore hake when fishing in the GOM or GB
Exemption Areas, as described in § 648.80(a), and not more than 40,000 lb (18,144 kg) of
combined silver hake and offshore hake when fishing in the SNE or MA Exemption Areas, as
described in § 648.80(b)(10) and (c)(5), respectively, if both of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on board the vessel is equal to or
greater than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph
(d)(1)(iv) of this section, as measured by methods specified in § 648.80(f); and
(B) The mesh size of any net or part of a net on board the vessel not incorporated into a fully
constructed net is equal to or greater than 3 inches (7.62 cm), as measured by methods
specified in § 648.80(f). “Incorporated into a fully constructed net” means that any mesh
smaller than 3 inches (7.62 cm) that is incorporated into a fully constructed net may occur
only in the part of the net not subject to the mesh size restrictions as specified in
paragraph (d)(1)(iv) of this section, and the net into which the mesh is incorporated must
be available for immediate use.
(iv) Application of mesh size. Counting from the terminus of the net, the mesh size restrictions
specified in paragraphs (d)(1)(i) through (iii) of this section are only applicable to the first 100
meshes (200 bars in the case of square mesh) for vessels greater than 60 ft (18.3 m) in length,
and to the first 50 meshes (100 bars in the case of square mesh) for vessels 60 ft (18.3 m) or
less in length. Notwithstanding any other provision of this section, the restrictions and
conditions pertaining to mesh size do not apply to nets or pieces of net smaller than 3 ft by 3 ft
(0.9 m by 0.9 m), (9 sq ft (0.81 sq m)).
(v) Possession of southern red hake while under a rebuilding plan. When the southern red hake
stock, defined as statistical areas 525-526, 533-534, 541-543, 537-539, 562, 611-616, 621-623,
625-628, 631-634, 635-638, is under a rebuilding plan, the year-round possession limit for
southern red hake shall be the following:
(A) Vessels possessing on board or using nets of mesh size smaller than 5.5 in (13.97 cm).
Owners and operators of vessels may possess and land no more than 600 lb (272 kg) of
southern red hake per trip when:
(1) Using trawls with diamond or square mesh size less than 5.5 in (13.97 cm); and/or
(2) A vessel is in possession of a net with mesh size smaller than 5.5 in (13.97 cm),
unless it is properly stowed and not available for immediate use in accordance with §
648.2 and not used on that trip.
(B) Vessels using nets of mesh size greater than or equal to 5.5 in (13.97 cm), using smallmesh selective trawls, or gear other than trawl. Owners and operators may possess and
land no more than 1,000 lb (453 kg) of southern red hake per trip when:
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50 CFR 648.86(d)(1)(v)(B)(1)

(1) Using trawls with diamond or square mesh size 5.5 in (13.97 cm) or larger;
(2) Using small-mesh selective gear, including raised-footrope trawls as defined in §
648.80(a)(9)(ii), large-mesh belly panel trawls as defined in § 648.84(f), rope
separator trawls as defined in § 648.84(e), and other selective gears deemed by the
Regional Administrator to adequately reduce the catch of red hake; or
(3) When using gears other than trawls.
(vi) Possession of northern red hake. Vessels participating in the small-mesh multispecies fishery
and fishing on the northern red hake stock, defined as statistical areas 464-465, 467, 511-515,
521-522, and 561, may possess and land no more than 3,000 lb 91,361 kg) of red hake when
fishing in the GOM/GB Exemption area, as described in § 648.80(a)(17).
(2) Possession limit for vessels participating in the northern shrimp fishery. Owners and operators of
vessels participating in the Small-Mesh Northern Shrimp Fishery Exemption Area, as described in §
648.80(a)(3), with a vessel issued a valid Federal NE multispecies permit specified under §
648.4(a)(1), may possess and land silver hake and offshore hake, combined, up to an amount equal
to the weight of shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and offshore hake on
board a vessel subject to this possession limit must be separated from other species of fish and
stored so as to be readily available for inspection.
(3) Possession restriction for vessels electing to transfer small-mesh NE multispecies at sea. Owners and
operators of vessels issued a valid Federal NE multispecies permit and issued a letter of
authorization to transfer small-mesh NE multispecies at sea according to the provisions specified in
§ 648.13(b) are subject to a combined silver hake and offshore hake possession limit that is 500 lb
(226.8 kg) less than the possession limit the vessel otherwise receives. This deduction shall be
noted on the transferring vessel's letter of authorization from the Regional Administrator.
(4) Accountability Measure In-season adjustment of small-mesh multispecies possession limits. If the
Regional Administrator projects that an in-season adjustment TAL trigger level for any small-mesh
multispecies stock, as specified in § 648.90(b)(5)(iii), has been reached or exceeded, the Regional
Administrator shall reduce the possession limit of that stock to the incidental level for that stock, as
specified in this paragraph (d)(4), for the remainder of the fishing year through notice consistent with
the Administrative Procedure Act, unless such a reduction in the possession limit would be expected
to prevent the TAL from being reached.
(i)

Red hake. If a possession limit reduction is needed for a stock area, the incidental possession
limit for red hake in that stock area will be 400 lb (181.44 kg) for the remainder of the fishing
year.

(ii) Silver hake and offshore hake. If a possession limit reduction is needed for a stock area, the
incidental possession limit for silver hake and offshore hake, combined, in that stock area will
be 2,000 lb (907 kg) for the remainder of the fishing year.
(e) White hake. Unless otherwise restricted under this part, a common pool vessel fishing under a NE
multispecies DAS, a limited access Handgear A permit, an open access Handgear B permit, or a monkfish
limited access permit and fishing under the monkfish Category C or D permit provisions is not restricted
in the amount of white hake the vessel may land per trip during fishing years 2010 and 2011. Starting in
fishing year 2012, unless otherwise restricted under this part, a common pool vessel fishing under a NE

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.86(f)

multispecies DAS, a limited access Handgear A permit, an open access Handgear B permit, or a monkfish
limited access permit and fishing under the monkfish Category C or D permit provisions may land up to
500 lb (226.8 kg) of white hake per DAS, or any part of a DAS, up to 2,000 lb (907.2 kg) per trip.
(f) Calculation of weight of fillets or parts of fish. The possession limits described under this part are based
on the weight of whole, whole-gutted, or gilled fish. For purposes of determining compliance with the
possession limits specified in paragraphs (a), (b), or (c) of this section, the weight of fillets and parts of
fish, other than whole-gutted or gilled fish, as allowed under § 648.83(a) and (b), will be multiplied by 3.
(g) Yellowtail flounder —
(1) CC/GOM and SNE/MA yellowtail flounder landing limit. Unless otherwise restricted under this part, a
common pool vessel fishing under a NE multispecies DAS, a limited access Handgear A permit, an
open access Handgear B permit, or a monkfish limited access permit and fishing under the monkfish
Category C or D permit provisions, and fishing exclusively outside of the U.S./Canada Management
Area, as defined in § 648.85(a)(1), may land or possess on board up to 250 lb (113.6 kg) of yellowtail
flounder per DAS, or any part of a DAS, up to a maximum possession limit of 1,500 lb (680.4 kg) per
trip. A vessel fishing outside and inside of the U.S./Canada Management Area on the same trip is
subject to the more restrictive yellowtail flounder trip limit (i.e., that specified by this paragraph (g) or
§ 648.85(a)(3)(iv)(C)).
(2) GB yellowtail flounder landing limit. Unless otherwise restricted under this part, a common pool
vessel fishing under a NE multispecies DAS, a limited access Handgear A permit, an open access
Handgear B permit, or a monkfish limited access permit and fishing under the monkfish Category C
or D permit provisions, and fishing in the U.S./Canada Management Area defined in § 648.85(a)(1) is
subject to the GB yellowtail flounder limit described in paragraph § 648.85(a)(3)(iv)(c).
(h) Other possession restrictions. Vessels are subject to any other applicable possession limit restrictions of
this part.
(i)

Offloading requirement for vessels possessing species regulated by a daily possession limit. A vessel that
has ended a trip as specified in § 648.10(e)(2)(iii) or (h)(5) that possesses on board species regulated by
a daily possession limit (i.e., pounds per DAS), as specified at § 648.85 or § 648.86, must offload species
in excess of the daily landing limit prior to leaving port on a subsequent trip. A vessel may retain on board
up to one day's worth of such species prior to the start of a subsequent trip. Other species regulated by
an overall trip limit may be retained on board for a subsequent trip. For example, a vessel that possesses
cod and winter flounder harvested from Georges Bank is subject to a daily possession limit for cod of
1,000 lb (453 kg)/DAS and an overall trip limit of 5,000 lb (2,267 kg)/trip for winter flounder. In this
example, the vessel would be required to offload any cod harvested in excess of 1,000 lb (453 kg) (i.e., the
vessel may retain up to 1,000 lb (453 kg) of Georges Bank cod, but must offload any additional cod), but
may retain on board winter flounder up to the maximum trip limit prior to leaving port and crossing the
VMS Demarcation Line to begin a subsequent trip.

(j)

GB winter flounder. Unless otherwise restricted under this part, a common pool vessel fishing under a NE
multispecies DAS, a limited access Handgear A permit, an open access Handgear B permit, or a monkfish
limited access permit and fishing under the monkfish Category C or D permit provisions and fishing in the
U.S./Canada Management Area defined in § 648.85(a)(1) is not restricted in the amount of GB winter
flounder the vessel may land per trip.

(k) Other regulated NE multispecies possession restrictions for some Atlantic herring vessels. A vessel issued
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 §
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.86(l)

648.80(d), may possess and land haddock, and up to 100 lb (45 kg), combined, of other regulated NE.
multispecies, other than haddock, in accordance with the requirements in § 648.80(d) and (e). Such fish
may not be sold for human consumption.
(l)

Ocean pout, windowpane flounder, and Atlantic wolffish. A vessel issued a limited access NE multispecies
permit, an open access NE multispecies Handgear B permit, or a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions may not fish for, possess, or land ocean
pout, windowpane flounder, or Atlantic wolffish.

(m) Additional possession restrictions —
(1) Daily landing restriction. A vessel issued a limited access NE multispecies permit, an open access NE
multispecies Handgear B permit, or a limited access monkfish permit and fishing under the monkfish
Category C or D permit provisions may only land regulated species or ocean pout once in any 24-hr
period, based upon the time the vessel lands following the end of the previous trip. For example, if a
vessel lands 1,600 lb (725.7 kg) of GOM cod at 6 p.m. on Tuesday, that vessel cannot land any more
regulated species or ocean pout until at least 6 p.m. on the following Wednesday.
(2) Possession limits for vessels fishing in multiple areas. If a vessel fishes in more than one stock area
on the same trip, as defined in § 648.85(b)(6)(v) or § 648.87(b)(1)(ii), the most restrictive trip limit
for a species applies for the entire trip.
(n) Pollock. Unless otherwise restricted under this part, a vessel issued a NE multispecies DAS permit, a
limited access Handgear A permit, an open access Handgear B permit, or a monkfish limited access
permit and fishing under the monkfish Category C or D permit provisions, may not possess or land more
than 1,000 lb (450 kg) of pollock for each DAS or part of a DAS fished, up to 10,000 lb (4,500 kg) per trip.
(o) Regional Administrator authority to implement possession limits —
(1) Possession restrictions to prevent exceeding common pool sub-ACLs. If the Regional Administrator
projects that the catch of any NE multispecies stock allocated to common pool vessels pursuant to
§ 648.90(a)(4) will exceed the pertinent sub-ACL, NMFS may implement or adjust, at any time prior
to or during the fishing year, in a manner consistent with the Administrative Procedure Act, a per-DAS
possession limit and/or a maximum trip limit in order to prevent exceeding the common pool subACL in that fishing year.
(2) Possession restrictions to facilitate harvest of sub-ACLs allocated to the common pool. If the Regional
Administrator projects that the sub-ACL of any stock allocated to the common pool pursuant to §
648.90(a)(4) will not be caught during the fishing year, the Regional Administrator may remove or
adjust, in a manner consistent with the Administrative Procedure Act, a per-DAS possession limit
and/or a maximum trip limit in order to facilitate harvest and enable the total catch to approach, but
not exceed, the pertinent sub-ACL allocated to the common pool for that fishing year.
[69 FR 22978, Apr. 27, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.86, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.87 Sector allocation.
(a) Procedure for approving/implementing a sector allocation proposal.
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.87(a)(1)

(1) Any person may submit a sector allocation proposal for a group of limited access NE multispecies
vessels to NMFS. The sector allocation proposal must be submitted to the Council and NMFS in
writing by the deadline for submitting an operations plan and preliminary sector contract that is
specified in paragraph (b)(2) of this section. The proposal must include a cover letter requesting the
formation of the new sector, a complete sector operations plan and preliminary sector contract,
prepared as described in paragraphs (b)(2) and (b)(3) of this section, and appropriate analysis that
assesses the impact of the proposed sector, in compliance with the National Environmental Policy
Act.
(2) Upon receipt of a proposal to form a new sector allocation, and following the deadline for each
sector to submit an operations plan, as described in paragraph (b)(2) of this section, NMFS will
notify the Council in writing of its intent to consider a new sector allocation for approval. The Council
will review the proposal(s) and associated NEPA analyses at a Groundfish Committee and Council
meeting, and provide its recommendation on the proposed sector allocation to NMFS in writing.
NMFS will make final determinations regarding the approval of the new sectors based on review of
the proposed operations plans, associated NEPA analyses, and the Council's recommendations, and
in a manner consistent with the Administrative Procedure Act. NMFS will only approve a new sector
that has received the Council's endorsement.
(3) Eligibility. Any valid limited access NE multispecies permit, including a Handgear A permit and those
permits held in confirmation of permit history pursuant to § 648.4(a)(1)(i)(J) as of May 1, 2008, is
eligible to join a NE multispecies sector, provided the permit complies with the restrictions specified
in this section. Any valid limited access Category A or B monkfish permit may be eligible to join a NE
multispecies sector, as described in this section, pursuant to any measures adopted by a future
revision to the Monkfish FMP by both the New England and Mid-Atlantic Fishery Management
Councils. Vessels that do not join a sector remain subject to the NE multispecies regulations for
common pool vessels.
(4) Minimum size. To be authorized to operate as a sector under this section, a sector must be
comprised of at least three NE multispecies permits issued to at least three different persons, none
of whom have any common ownership interests in the permits, vessels, or businesses associated
with the permits issued the other two or more persons in that sector. Having an ownership interest in
a permit includes, but is not limited to, persons or entities who are shareholders, officers, or partners
in a corporation owning a permit; who are partners (general or limited) to a permit owner; who, in any
way, partly own a permit; or who derive any financial benefit, or exercises any control over, another
permit. As long as at least three persons issued a NE multispecies permit meet these requirements,
permit owners may have common ownership interests in other permits, vessels, or businesses
associated with such permits.
(b) General requirements applicable to all approved Sectors.
(1) All sectors approved under the provisions of paragraph (a) of this section must submit the
documents specified in paragraphs (a)(1) and (b)(2) and (3) of this section, comply with the
conditions and restrictions of this paragraph (b)(1), and comply with the groundfish sector
monitoring program in § 648.11(l).
(i)

TAC allocation —

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.87(b)(1)(i)(A)

(A) Allocated stocks. Each sector shall be allocated a TAC in the form of an ACE for each NE
multispecies stock, with the exception of Atlantic halibut, ocean pout, windowpane
flounder (both the northern and southern stocks), and Atlantic wolffish based upon the
cumulative PSCs of vessels/permits participating in each sector during a particular fishing
year, as described in paragraph (b)(1)(i)(E) of this section.
(B) Eastern GB stocks —
(1) Allocation. Each sector allocated ACE for stocks managed under the terms of the
U.S./Canada Resource Sharing Understanding in the Eastern U.S./Canada Area, as
specified in § 648.85(a), shall be allocated a specific portion of the ACE for such
stocks that can only be harvested from the Eastern U.S./Canada Area, as specified in
§ 648.85(a)(1). The ACE specified for the Eastern U.S./Canada Area portions of
these stocks shall be proportional to the sector's allocation of the overall ACL
available to all vessels issued a limited access NE multispecies permit for these
stocks pursuant to § 648.90(a)(4). For example, if a sector is allocated 10 percent of
the GB cod ACL available to all vessels issued a limited access NE multispecies
permit, that sector would also be allocated and may harvest 10 percent of that ACE
from the Eastern U.S./Canada Area. In this example, if the overall GB cod ACL
available to all vessels issued a limited access NE multispecies permit is 1,000 mt, of
which 100 mt is specified to the Eastern U.S./Canada Area, the sector would be
allocated 100 mt of GB cod, of which no more than 10 mt could be harvested from
the Eastern U.S./Canada Area and no more than 90 mt could be harvested from the
rest of the GB cod stock area.
(2) Re-allocation of haddock or cod ACE. A sector may re-allocate all, or a portion, of its
haddock or cod ACE specified to the Eastern U.S./Canada Area, pursuant to
paragraph (b)(1)(i)(B)(1) of this section, to the Western U.S./Canada Area at any time
during the fishing year, and up to 2 weeks into the following fishing year (i.e., through
May 14), unless otherwise instructed by NMFS, to cover any overages during the
previous fishing year. Re-allocation of any ACE only becomes effective upon approval
by NMFS, as specified in paragraphs (b)(1)(i)(B)(2)(i) through (iii) of this section. Reallocation of haddock or cod ACE may only be made within a sector, and not between
sectors. For example, if 100 mt of a sector's GB haddock ACE is specified to the
Eastern U.S./Canada Area, the sector could re-allocate up to 100 mt of that ACE to
the Western U.S./Canada Area.
(i)

Application to re-allocate ACE. GB haddock or GB cod ACE specified to the
Eastern U.S./Canada Area may be re-allocated to the Western U.S./Canada Area
through written request to the Regional Administrator. This request must
include the name of the sector, the amount of ACE to be re-allocated, and the
fishing year in which the ACE re-allocation applies, as instructed by the Regional
Administrator.

(ii) Approval of request to re-allocate ACE. NMFS shall approve or disapprove a
request to re-allocate GB haddock or GB cod ACE provided the sector, and its
participating vessels, are in compliance with the reporting requirements
specified in this part. The Regional Administrator shall inform the sector in
writing, within 2 weeks of the receipt of the sector's request, whether the
request to re-allocate ACE has been approved.
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50 CFR 648.87(b)(1)(i)(B)(2)(iii)

(iii) Duration of ACE re-allocation. GB haddock or GB cod ACE that has been reallocated to the Western U.S./Canada Area pursuant to this paragraph
(b)(1)(i)(B)(2) is only valid for the fishing year in which the re-allocation is
approved, with the exception of any requests that are submitted up to 2 weeks
into the subsequent fishing year to address any potential ACE overages from
the previous fishing year, as provided in paragraph (b)(1)(iii) of this section,
unless otherwise instructed by NMFS.
(C) Carryover.
(1) With the exception of GB yellowtail flounder, a sector may carryover an amount of
ACE equal to 10 percent of its original ACE for each stock that is unused at the end
of one fishing year into the following fishing year, provided that the total unused
sector ACE plus the overall ACL for the following fishing year does not exceed the
ABC for the fishing year in which the carryover may be harvested. If this total exceeds
the ABC, NMFS shall adjust the maximum amount of unused ACE that a sector may
carryover (down from 10 percent) to an amount equal to the ABC of the following
fishing year. Any adjustments made would be applied to each sector based on its
total unused ACE and proportional to the cumulative PSCs of vessels/permits
participating in the sector for the particular fishing year, as described in paragraph
(b)(1)(i)(E) of this section.
(i)

Eastern GB Stocks Carryover. Any unused ACE allocated for Eastern GB stocks in
accordance with paragraph (b)(1)(i)(B) of this section shall contribute to the
carryover allowance for each stock, as specified in this paragraph (b)(1)(i)(C)(1),
but shall not increase individual sector's allocation of Eastern GB stocks during
the following year.

(ii) This carryover ACE remains effective during the subsequent fishing year even if
vessels that contributed to the sector allocation during the previous fishing year
are no longer participating in the same sector for the subsequent fishing year.
(2) Carryover accounting.
(i)

If the overall ACL for a particular stock is exceeded, the allowed carryover of a
particular stock harvested by a sector, minus the NMFS-specified de minimis
amount, shall be counted against the sector's ACE for purposes of determining
an overage subject to the AM in paragraph (b)(1)(iii) of this section.

(ii) De Minimis Carryover Amount. The de minimis carryover amount is one percent
of the overall sector sub-ACL for the fishing year in which the carryover would
be harvested. NMFS may change this de minimis carryover amount for any
fishing year through notice consistent with the Administrative Procedure Act.
The overall de minimis carryover amount would be applied to each sector
proportional to the cumulative PSCs of vessels/permits participating in the
sector for the particular fishing year, as described in paragraph (b)(1)(i)(E) of
this section.
(D) Maximum ACE allocation. There is no maximum amount of ACE that can be allocated to a
particular sector during each fishing year.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.87(b)(1)(i)(E)

(E) Potential sector contribution (PSC). For the purposes of allocating a share of the available
ACL for each NE multispecies stock to approved sectors pursuant to § 648.90(a)(4), the
landings history of all limited access NE multispecies permits shall be evaluated to
determine each permit's share of the overall landings for each NE multispecies stock as
specified in paragraphs (b)(1)(i)(E)(1) and (2) of this section. When calculating an
individual permit's share of the overall landings for a particular regulated species or ocean
pout stock, landed weight shall be converted to live weight to maintain consistency with
the way ACLs are calculated pursuant to § 648.90(a)(4) and the way ACEs are allocated to
sectors pursuant to this paragraph (b)(1)(i). This calculation shall be performed on July 1
of each year, unless another date is specified by the Regional Administrator, to redistribute
the landings history associated with permits that have been voluntarily relinquished or
otherwise canceled among all remaining valid limited access NE multispecies permits as
of that date during the following fishing year. The PSC calculated pursuant to this
paragraph (b)(1)(i)(E) shall remain with the permit indefinitely, but may be permanently
reduced or eliminated due to a permit sanction or other enforcement action.
(1) Calculation of PSC for all NE multispecies stocks except GB cod. Unless otherwise
specified in paragraph (b)(1)(i)(E)(2) of this section, for each valid limited access NE
multispecies permit, including limited access NE multispecies Handgear A permits,
landings recorded in the NMFS dealer database of each stock of NE multispecies
determined by NMFS to be the landings history associated with that permit while
subject to the NE multispecies regulations based on whether the vessel fishing under
that permit was issued a limited access NE multispecies permit or subsequently
qualified for a limited access NE multispecies permit pursuant to § 648.4(a)(1)(i),
including regulated species or ocean pout caught under a NE multispecies DAS when
participating in the skate or monkfish fisheries, but excluding, for example, landings
by scallop vessels operating under a scallop DAS, shall be summed for fishing years
1996 through 2006. This sum shall then be divided by the total landings of each NE
multispecies stock during the same period by all permits eligible to join sectors as of
May 1, 2008. The resulting figure shall then be multiplied by a factor of 1/PSC of
remaining permits as of June 1 of each year, unless another date is specified by the
Regional Administrator, to calculate the PSC for each individual valid limited access
NE multispecies permit for each regulated species or ocean pout stock allocated to
sectors in the NE multispecies fishery for the following fishing year pursuant to this
paragraph (b)(1)(i)(E)(1).
(2) Calculation of GB cod PSC. The GB cod PSC shall be calculated as specified in this
paragraph (b)(1)(i)(E)(2) and shall remain with the permit indefinitely regardless
whether the vessel participates in either the GB Cod Hook Gear Sector or the GB Cod
Fixed Gear Sector, as defined in § 648.87(d)(1) or (2), joins a new sector, or fishes
pursuant to the provisions of the common pool.
(i)

GB cod PSC for permits committed to participate in the GB Cod Hook Gear Sector
or GB Cod Fixed Gear Sector. For each owner of a valid NE multispecies permit,
or CPH, that committed to participate in either the GB Cod Hook Gear Sector or
the GB Cod Fixed Gear Sector as evidenced by a valid authorized signature
executed on or before March 1, 2008, on a preliminary roster for either of these
sectors, the PSC for GB cod shall be equal to the sum of dealer landings of GB
cod for fishing years 1996 through 2001, divided by the total landings of GB cod

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.87(b)(1)(i)(E)(2)(ii)

by permits eligible to join sectors as of May 1, 2008, during that period. The PSC
for all other regulated species or ocean pout stocks specified for these permits
shall be calculated pursuant to paragraph (b)(1)(i)(E)(1) of this section. The PSC
calculated pursuant to this paragraph (b)(1)(i)(E)(2)(i) shall then be multiplied
by a factor of 1/PSC of remaining permits as of June 1 of each year, unless
another date is specified by the Regional Administrator, to calculate the GB cod
PSC for each permit for the following fishing year.
(ii) GB cod PSC for all other permits. For each owner of a valid NE multispecies
permit or CPH that has not committed to participate in either the GB Cod Hook
Gear Sector or GB Cod Fixed Gear Sector, as specified in paragraph
(b)(1)(i)(E)(2)(i) of this section, the GB cod PSC for each such permit or CPH
shall be based upon the GB cod PSC available after accounting for the GB cod
PSC calculated pursuant to paragraph (b)(1)(i)(E)(2)(i) of this section. To
determine the GB cod PSC for each of these permits, the sum of the individual
permit's landings of GB cod available in the NMFS dealer database for fishing
years 1996 through 2006 shall be divided by the total landings of GB cod during
that period by the total landings of GB cod by permits eligible to join sectors as
of May 1, 2008, during that period, after subtracting the total landings of GB cod
by permits that committed to participate in either the GB Cod Hook Sector or GB
Cod Fixed Gear Sector as of March 1, 2008. This individual share shall then be
multiplied by the available GB cod PSC calculated by subtracting the GB cod
PSC allocated pursuant to paragraph (b)(1)(i)(E)(2)(i) of this section from one.
The PSC calculated pursuant to this paragraph (b)(1)(i)(E)(2)(ii) shall then be
multiplied by a factor of 1/PSC of remaining permits as of July 1 of each year,
unless another date is specified by the Regional Administrator, to calculate the
GB cod PSC for each permit.
(ii) Areas that can be fished. Vessels in a sector may only fish in a particular stock area, as
specified in paragraphs (b)(1)(ii)(A) through (F) of this section, and § 648.85(b)(6)(v), or the
Eastern U.S./Canada Area, as specified in § 648.85(a)(1), if the sector has been allocated, or
acquires, pursuant to paragraph (b)(1)(viii) of this section, ACE for all stocks allocated to
sectors pursuant to paragraph (b)(1)(i)(A) of this section that are caught in that stock area. A
sector must project when its ACE for each stock will be exceeded and must ensure that all
vessels in the sector cease fishing operations prior to exceeding it. Once a sector has
harvested its ACE for a stock, all vessels in that sector must cease fishing operations in that
stock area on a sector trip unless and until it acquires additional ACE from another sector
pursuant to paragraph (b)(1)(viii) of this section, or as otherwise specified in an approved
operations plan pursuant to paragraph (b)(2)(xiv) of this section. For the purposes of this
paragraph (b)(1)(ii), an ACE overage means catch of regulated species or ocean pout by
vessels participating in a particular sector that exceeds the ACE allocated to that sector, as of
the date received or purchased by the dealer, whichever occurs first, after considering all ACE
transfer requests ultimately approved by NMFS during the current fishing year, pursuant to
paragraph (b)(1)(viii) of this section, unless otherwise specified pursuant to § 648.90(a)(5).
(A) CC/GOM Yellowtail Flounder Stock Area. The CC/GOM Yellowtail Flounder Stock Area, for
the purposes of identifying stock areas for trip limits specified in § 648.86, and for
determining areas applicable to sector allocations of CC/GOM yellowtail flounder ACE

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.87(b)(1)(ii)(A)

pursuant to paragraph (b) of this section, is defined as the area bounded on the north and
west by the coastline of the United States, on the east by the U.S./Canadian maritime
boundary, and on the south by rhumb lines connecting the following points in the order
stated:

CC/GOM YELLOWTAIL FLOUNDER STOCK AREA
Point

N. Latitude

W. Longitude

1

1

( )

70° 00′

2

2

( )

70° 00′

3

41° 20′

(3)

4

41° 20′

69° 50′

5

41° 10′

69° 50′

6

41° 10′

69° 30′

7

41° 00′

69° 30′

8

41° 00′

68° 50′

9

42° 20′

68° 50′

1

Intersection of south-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

2

Intersection of north-facing coastline of Nantucket, MA, and 70° 00′ W. long.

3

Intersection of east-facing coastline of Nantucket, MA, and 41° 20′ N. lat.

4

U.S./Canada maritime boundary.

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Point
10

N. Latitude

50 CFR 648.87(b)(1)(ii)(B)

W. Longitude
4

42° 20′

( )

1

Intersection of south-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

2

Intersection of north-facing coastline of Nantucket, MA, and 70° 00′ W. long.

3

Intersection of east-facing coastline of Nantucket, MA, and 41° 20′ N. lat.

4

U.S./Canada maritime boundary.

(B) SNE/MA Yellowtail Flounder Stock Area. The SNE/MA Yellowtail Flounder Stock Area, for
the purposes of identifying stock areas for trip limits specified in § 648.86, and for
determining areas applicable to sector allocations of SNE/MA yellowtail flounder ACE
pursuant to paragraph (b) of this section, is the area bounded by rhumb lines connecting
the following points in the order stated:

SNE/MA YELLOWTAIL FLOUNDER STOCK AREA
Point

N. Latitude

W. Longitude

1

35° 00′

(1)

2

35° 00′

(2)

3

39° 00′

(2)

4

39° 00′

69° 00′

5

39° 50′

69° 00′

7

39° 50′

68° 50′

8

41° 00′

68° 50′

9

41° 00′

69° 30′

10

41° 10′

69° 30′

11

41° 10′

69° 50′

12

41° 20′

69° 50′

13

41° 20′

(3)

14

( 4)

70° 00′

1

Intersection of east-facing coastline of Outer Banks, NC, and 35° 00′ N. lat.

2

U.S./Canada maritime boundary.

3

Intersection of east-facing coastline of Nantucket, MA, and 41° 20′ N. lat.

4

Intersection of north-facing coastline of Nantucket, MA, and 70° 00′ W. long.

5

Intersection of south-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

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Point

N. Latitude
5

15

( )

50 CFR 648.87(b)(1)(ii)(C)

W. Longitude
70° 00′

1

Intersection of east-facing coastline of Outer Banks, NC, and 35° 00′ N. lat.

2

U.S./Canada maritime boundary.

3

Intersection of east-facing coastline of Nantucket, MA, and 41° 20′ N. lat.

4

Intersection of north-facing coastline of Nantucket, MA, and 70° 00′ W. long.

5

Intersection of south-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

(C) GOM Haddock Stock Area. The GOM Haddock Stock Area, for the purposes of identifying
stock areas for trip limits specified in § 648.86 and for determining areas applicable to
sector allocations of GOM haddock ACE pursuant to paragraph (b) of this section, is
defined as the area bounded on the north and west by the coastline of the United States,
on the east by the U.S./Canadian maritime boundary, and on the south by straight lines
connecting the following points in the order stated:

GOM HADDOCK STOCK AREA
Point

N. Latitude

W. Longitude

1

( 1)

70° 00′

2

42° 20′

70° 00′

3

42° 20′

67° 40′

4

( 2)

67° 40′

5

( 3)

67° 40′

6

43° 50′

67° 40′

7

43° 50′

(4)

8

( 4)

67° 00′

9

( 5)

67° 00′

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

2

U.S./Canada maritime boundary southern intersection with 67° 40′ W. long.).

3

U.S./Canada maritime boundary northern intersection with 67° 40′ W. long.).

4

U.S./Canada maritime boundary.

5

Intersection of the south-facing ME coastline and 67° 00′ W. long.

(D) GB Haddock Stock Area. The GB Haddock Stock Area, for the purposes of identifying stock
areas for trip limits specified in § 648.86 and for determining areas applicable to sector
allocations of GB haddock ACE pursuant to paragraph (b) of this section, is defined as the
area bounded on the west by the coastline of the United States, on the south by a line

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50 CFR 648.87(b)(1)(ii)(E)

running from the east-facing coastline of North Carolina at 35° N. lat. until its intersection
with the EEZ, on the east by the U.S./Canadian maritime boundary, and bounded on the
north by straight lines connecting the following points in the order stated:

GB HADDOCK STOCK AREA
Point

N. Latitude

W. Longitude

1

( 1)

70° 00′

2

42° 20′

70° 00′

3

42° 20′

(2)

1

Intersection of the north-facing coastline of Cape Cod, MA, and 70° 00′ W. long.

2

U.S./Canada maritime boundary.

(E) Redfish Stock Area. The Redfish Stock Area, for the purposes of identifying stock areas for
trip limits specified in § 648.86 and for determining areas applicable to sector allocations
of redfish ACE pursuant to paragraph (b) of this section, is defined as the area bounded on
the north and west by the coastline of the United States, on the east by the U.S./Canadian
maritime boundary, and bounded on the south by a rhumb line running from the eastfacing coastline of North Carolina at 35° N. lat. until its intersection with the EEZ.
(F) GOM Winter Flounder Stock Area. The GOM Winter Flounder Stock Area, for the purposes
of identifying stock areas for trip limits specified in § 648.86 and for determining areas
applicable to sector allocations of GOM winter flounder ACE pursuant to paragraph (b) of
this section, is the area bounded by straight lines connecting the following points in the
order stated:

GOM WINTER FLOUNDER STOCK AREA
Point

N. Latitude

W. Longitude

1

( 1)

70°00′

2

42°20′

70°00′

3

42°20′

67°40′

4

( 2)

67°40′

(1 )

Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.

2

( ) U.S./Canada maritime boundary (southern intersection with 67°40′ N. lat.)
(3) U.S./Canada maritime boundary (northern intersection with 67°40′ N. lat.)
(4) U.S./Canada maritime boundary.
(5) Intersection of the south-facing ME coastline and 67°00′ W. long.

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Point

N. Latitude
3

W. Longitude

5

( )

67°40′

6

43°50′

67°40′

7

43°50′

4

8

( 4)

67°00′

9

5

67°00′

( )

50 CFR 648.87(b)(1)(iii)

(1) Intersection of the north-facing coastline of Cape Cod, MA, and 70°00′ W. long.
(2) U.S./Canada maritime boundary (southern intersection with 67°40′ N. lat.)
(3) U.S./Canada maritime boundary (northern intersection with 67°40′ N. lat.)
(4) U.S./Canada maritime boundary.
(5) Intersection of the south-facing ME coastline and 67°00′ W. long.

(iii) Sector AMs. At the end of the fishing year, NMFS shall evaluate sector catch using VTR, VMS,
IVR, and any other available information to determine whether a sector has exceeded any of its
ACE allocations based upon the cumulative catch by participating permits/vessels, as
identified in the final operations plan approved by the Regional Administrator pursuant to
paragraph (c) of this section, and each sector's share of any overage of the overall ACL for any
stock caused by excessive catch by other sub-components of the fishery pursuant to §
648.90(a)(5), if necessary. Should an ACE allocated to a sector be exceeded in a given fishing
year, the sector's ACE shall be reduced by the overage on a pound-for-pound basis during the
following fishing year, and the sector, each vessel, vessel operator and/or vessel owner
participating in the sector may be charged, as a result of said overages, jointly and severally for
civil penalties and permit sanctions pursuant to 15 CFR part 904. If an ACE allocated to a
sector is not exceeded in a given fishing year pursuant to this paragraph (b)(1)(iii), the sector's
ACE allocation shall not be reduced for the following fishing year as a result of an overage of an
ACE by non-compliant sectors or an overage of sub-ACLs allocated to common pool vessels,
but may be reduced if the excessive catch of a particular stock by other sub-components of the
fishery causes the overall ACL of a particular stock to be exceeded pursuant to § 648.90(a)(5).
If declining stock conditions result in a need to reduce fishing mortality, and all sectors and
common pool vessels have operated within their ACE or sub-ACL limits, a sector's percentage
share shall not be changed, but the amount this share represents may be reduced due to
reduced overall ACL for a particular stock. If stock conditions improve, and certain sectors stay
within their ACE while other sectors or the common pool exceed their respective ACEs or subACLs, the sectors that stay within their ACEs shall receive a temporary increase in ACE equal to
the amount that other sectors or the common pool exceeded their ACE or sub-ACL, divided
among such sectors proportional to each sector's share of the ACL available to vessels issued
a limited access NE multispecies permit.
(A) Overage penalty if there is sufficient ACE to cover the overage. If a sector exceeds an ACE
allocated to it during the previous fishing year, but has sufficient ACE to address the
overage pursuant to this paragraph (b)(1)(iii) based upon the cumulative PSCs of
participating vessels during the fishing year following the overage, no overage penalty
shall be applied to any member permit/vessel that leaves that sector to fish under the
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50 CFR 648.87(b)(1)(iii)(B)

provisions of the common pool or in another sector in the year following the overage. Any
impacts to departing member permits/vessels may be specified and addressed by the
sector operations plan and associated sector contract.
(B) Overage penalty if there is insufficient ACE to cover an overage. If a sector exceeds an ACE
allocated to it during the previous fishing year, but disbands in the year following the
overage, or otherwise does not have sufficient ACE to address the overage pursuant to
this paragraph (b)(1)(iii) based upon the cumulative PSCs of permits/vessels participating
in that sector during the fishing year following the overage, individual permit holders that
participated in the sector during the fishing year in which the overage occurred shall be
responsible for reducing their DAS/PSC to account for that overage in the subsequent
fishing year, as follows:
(1) PSC reduction. If a sector disbands following an overage, and the owner of an
individual permit joins another sector for the subsequent fishing year, that permit's
contribution toward the ACE for the stock for which the overage occurred to the other
sector in the subsequent fishing year shall be reduced by an amount equal to the
overage divided by the number of permits/vessels participating in the sector during
the fishing year in which the overage occurred. For example, if a sector comprised of
10 permits/vessels exceeded its GB cod ACE by 10,000 lb (4,536 kg) during the
previous fishing year, but later disbands, each permit/vessel that was in that sector,
but then joins another sector during the following fishing year shall have its
contribution of GB cod to another sector temporarily reduced by 1,000 lb (453.6 kg)
during the subsequent fishing year for the purposes of calculating the available GB
cod ACE allocated to another sector during that fishing year.
(2) DAS reduction. If a sector disbands following an overage and the owner of an
individual permit elects to fish under the provisions of the common pool during the
subsequent fishing year, that permit/vessel's NE multispecies Category A DAS
allocation for the subsequent fishing year shall be temporarily reduced by an amount
proportional to the highest percentage overage by that sector of any of the stocks for
which an overage occurred. For example, if a sector exceeded its GB cod ACE by 10
percent and its pollock ACE by 15 percent, each permit would receive a 15-percent
reduction in its Category A DAS allocation for the subsequent fishing year if fishing
under the provisions of the common pool.
(3) Fishing prohibition. If a sector does not disband following an overage, but otherwise
does not have sufficient ACE to cover an overage based upon the PSC of
participating permits, that sector's ACE for the stock for which the overage occurred
shall be temporarily reduced to zero for the following fishing year, and that sector
shall be prohibited from fishing on a sector trip in the stock area associated with the
stock for which the ACE was exceeded during the following year, unless and until that
sector can acquire sufficient ACE from another sector to cover the remaining overage
from the previous fishing year. For example, if a sector comprised of 10 permits/
vessels was allocated 10 mt of GB cod ACE, but caught 25 mt during the previous
fishing year (i.e., it exceeded its GB cod ACE by 15 mt), each permit/vessel that
participating in that sector during the following fishing year would have its GB cod
PSC temporarily reduced to zero during the subsequent fishing year, and that sector

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50 CFR 648.87(b)(1)(iii)(C)

would not be able to fish on a sector trip in the GB cod stock area until it could
acquire at least an additional 5 mt of GB cod ACE from another sector (i.e., 15 mt
overage—10 mt ACE for the following year = 5 mt overage remaining).
(C) ACE buffer. At the beginning of each fishing year, NMFS shall withhold 20 percent of a
sector's ACE for each stock for a period of up to 61 days (i.e., through June 30), unless
otherwise specified by NMFS, to allow time to process any ACE transfers submitted at the
end of the fishing year pursuant to paragraph (b)(1)(viii) of this section and to determine
whether the ACE allocated to any sector needs to be reduced, or any overage penalties
need to be applied to individual permits/vessels in the current fishing year to
accommodate an ACE overage by that sector during the previous fishing year, as specified
in paragraph (b)(1)(iii) of this section. NMFS shall not withhold 20 percent of a sector's
ACE at the beginning of a fishing year in which default specifications are in effect, as
specified in § 648.90(a)(3).
(iv) Sector enforcement —
(A) Sector compliance and joint/several liability. Unless exempted through a letter of
authorization specified in paragraph (c)(2) of this section, each vessel operator and/or
vessel owner fishing under an approved sector must comply with all NE multispecies
management measures of this part and other applicable law. Each vessel and vessel
operator and/or vessel owner participating in a sector must also comply with all
applicable requirements and conditions of the operations plan specified in paragraph
(b)(2) of this section and the letter of authorization issued pursuant to paragraph (c)(2) of
this section. Pursuant to 15 CFR part 904, each sector, permit/vessel owner, and vessel
operator participating in the sector may be charged jointly and severally for violations of
the following sector operations plan requirements, which may result in an assessment of
civil penalties and permit sanctions: ACE overages, discarding of legal-sized NE
multispecies, and misreporting of catch, including both landings and discards. For the
purposes of enforcement, a sector is a legal entity that can be subject to NMFS
enforcement action for violations of the regulations pertaining to sectors, as specified in
this paragraph (b)(1)(iv).
(B) Commitment to a sector. A permit/vessel participating in a sector must remain in the
sector for the remainder of the fishing year. Such permits/vessels cannot fish under both
the sector provisions and the provisions of the common pool during that same fishing
year for any reason, including, but not limited to, expulsion from the sector pursuant to
enforcement actions or other measures specified in an approved sector operations plan,
vessel replacement, or permit/vessel sale to another owner. For example, if a permit/
vessel is sold by a sector participant during the fishing year, the new owner must comply
with the sector regulations and the conditions of the sector operations plan, sector
contract, or any other binding agreements among participating sector vessels for the
remainder of the fishing year. If a permit/vessel has been expelled from a sector, the
sector must notify NMFS of such an expulsion immediately. Any permit/vessel, vessel
operator, or vessel owner removed from a sector during a specific fishing year consistent
with sector rules shall not be eligible to fish in another sector or under the NE multispecies
regulations for common pool vessels specified in this part for the remainder of that
fishing year. For the purposes of this paragraph, “permit/vessel” refers to the fishing and

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50 CFR 648.87(b)(1)(v)

landings history associated with a particular permit/vessel enrolled in a specific sector at
the start of the fishing year that was used to calculate the PSC for that permit/vessel and
contribute to the ACE for each stock allocated to that specific sector.
(v) Sector reporting requirements. In addition to the other reporting/recordkeeping requirements
specified in this part, a sector's vessels must comply with the reporting requirements specified
in this paragraph (b)(1)(v).
(A) VMS declarations and trip-level catch reports. Prior to each sector trip, a sector vessel
must declare into broad stock areas in which the vessel fishes and submit the VTR serial
number associated with that trip pursuant to § 648.10(k). The sector vessel must also
submit a VMS catch report detailing regulated species and ocean pout catch by statistical
area when fishing in multiple broad stock areas on the same trip, pursuant to § 648.10(k).
(B) Weekly catch report. Each sector must submit weekly reports to NMFS stating the
remaining balance of ACE allocated to each sector based upon regulated species and
ocean pout landings and discards of vessels participating in that sector and any
compliance/enforcement concerns. These reports must include at least the following
information, as instructed by the Regional Administrator: Week ending date; species, stock
area, gear, number of trips, reported landings (landed pounds and live pounds), discards
(live pounds), total catch (live pounds), status of the sector's ACE (pounds remaining and
percent remaining), and whether this is a new or updated record of sector catch for each
regulated species stock allocated to that particular sector; sector enforcement issues; and
a list of vessels landing for that reporting week. These weekly catch reports must be
submitted no later than 0700 hr on the second Monday after the reporting week, as
defined in this part. The frequency of these reports must be increased to more than a
weekly submission when the balance of remaining ACE is low, as specified in the sector
operations plan and approved by NMFS. If requested, sectors must provide detailed tripby-trip catch data to NMFS for the purposes of auditing sector catch monitoring data
based upon guidance provided by the Regional Administrator.
(C) Year-end report. An approved sector must submit an annual year-end report to NMFS and
the Council, no later than 60 days after the end of the fishing year, that summarizes the
fishing activities of participating permits/vessels, which must include at least the
following information: Catch, including landings and discards, of all species by sector
vessels; the permit number of each sector vessel that fished for regulated species or
ocean pout; the number of vessels that fished for non-regulated species or ocean pout;
the method used to estimate discards by sector vessels; the landing port used by sector
vessels; enforcement actions; and other relevant information required to evaluate the
biological, economic, and social impacts of sectors and their fishing operations consistent
with confidentiality requirements of applicable law.
(D) Streamlining sector reporting requirements. The reporting/recordkeeping requirements
specified in § 648.11(l) and this paragraph (b)(1)(v) may be revised by the Regional
Administrator in a manner consistent with the Administrative Procedure Act.
(vi) Interaction with other fisheries —
(A) Use of DAS. A sector vessel must comply with all measures specified for another fishery
pursuant to this part, including any requirement to use a NE multispecies DAS. If the
regulations in this part for another fishery require the use of a NE multispecies DAS, the
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50 CFR 648.87(b)(1)(vi)(B)

DAS allocation and accrual provisions specified in § 648.82(d) and (e), respectively, apply
to each trip by a sector vessel, as applicable. For example, if a sector vessel is also issued
a limited access monkfish Category C permit and is required to use a NE multispecies
DAS concurrent with a monkfish DAS under this part, any NE multispecies DAS used by
the sector vessel accrues, as specified in § 648.82(e)(1)(ii) based upon the vessel's NE
multispecies DAS allocation calculated pursuant to § 648.82(d)(1)(iv)(B).
(B) Availability of ACE. Notwithstanding the requirements in paragraph (b)(1)(vi)(A) of this
section, if a sector has not been allocated or does not acquire sufficient ACE available to
cover the catch of a particular stock of regulated species while participating in another
fishery in which such catch would apply to the ACE allocated to a sector, vessels
participating in that sector cannot participate in those other fisheries unless NMFS has
approved a sector operations plan that ensures that regulated species or ocean pout will
not be caught while participating in these other fisheries.
(vii) ACE transfers. All or a portion of a sector's ACE for any NE multispecies stock may be
transferred to another sector at any time during the fishing year and up to 2 weeks into the
following fishing year (i.e., through May 14), unless otherwise instructed by NMFS, to cover any
overages during the previous fishing year. A sector is not required to transfer ACE to another
sector. An ACE transfer only becomes effective upon approval by NMFS, as specified in
paragraph (b)(1)(vii)(B) of this section.
(A) Application to transfer ACE. ACE may be transferred from one sector to another through
written request to the Regional Administrator. This request must include the name of the
sectors involved, the amount of each ACE to be transferred, the fishing year in which the
ACE transfer applies, and the amount of compensation received for any ACE transferred,
as instructed by the Regional Administrator.
(B) Approval of an ACE transfer request. NMFS shall approve/disapprove a request to transfer
ACE based upon compliance by each sector and its participating vessels with the
reporting requirements specified in this part. The Regional Administrator shall inform both
sectors in writing whether the ACE transfer request has been approved within 2 weeks of
the receipt of the ACE transfer request.
(C) Duration of transfer. Notwithstanding ACE carried over into the next fishing year pursuant
to paragraph (b)(1)(i)(C) of this section, ACE transferred pursuant to this paragraph
(b)(1)(vii) is only valid for the fishing year in which the transfer is approved, with the
exception of ACE transfer requests that are submitted up to 2 weeks into the subsequent
fishing year to address any potential ACE overages from the previous fishing year, as
provided in paragraph (b)(1)(iii) of this section, unless otherwise instructed by NMFS.
(viii) Trip limits. With the exception of stocks listed in § 648.86(1) and the Atlantic halibut trip limit at
§ 648.86(c), a sector vessel is not limited in the amount of allocated NE multispecies stocks
that can be harvested on a particular fishing trip, unless otherwise specified in the operations
plan.
(2) Operations plan and sector contract. To be approved to operate, each sector must submit an
operations plan and preliminary sector contract to the Regional Administrator no later than
September 1 prior to the fishing year in which the sector intends to begin operations, unless
otherwise instructed by NMFS. A final roster, sector contract, and list of Federal and state permits
held by participating vessels for each sector must be submitted by December 1 prior to the fishing
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50 CFR 648.87(b)(2)(i)

year in which the sector intends to begin operations, unless otherwise instructed by NMFS. The
operations plan may cover a 1- or 2-year period, provided the analysis required in paragraph (b)(3) of
this section is sufficient to assess the impacts of sector operations during the 2-year period and that
sector membership, or any other parameter that may affect sector operations during the second year
of the approved operations plan, does not differ to the point where the impacts analyzed by the
supporting National Environmental Policy Act (NEPA) document are compromised. Each vessel and
vessel operator and/or vessel owner participating in a sector must agree to and comply with all
applicable requirements and conditions of the operations plan specified in this paragraph (b)(2) and
the letter of authorization issued pursuant to paragraph (c)(2) of this section. It shall be unlawful to
violate any such conditions and requirements unless such conditions or restrictions are identified in
an approved operations plan as administrative only. If a proposed sector does not comply with the
requirements of this paragraph (b)(2), NMFS may decline to propose for approval such sector
operations plans, even if the Council has approved such sector. At least the following elements must
be contained in either the final operations plan or sector contract submitted to NMFS:
(i)

A list of all parties, vessels, and vessel owners who will participate in the sector;

(ii) A list of all Federal and state permits held by persons participating in the sector, including an
indication for each permit whether it is enrolled and will actively fish in a sector, or will be
subject to the provisions of the common pool;
(iii) A contract signed by all sector participants indicating their agreement to abide by the
operations plan;
(iv) The name of a designated representative or agent of the sector for service of process;
(v) If applicable, a plan for consolidation or redistribution of ACE detailing the quantity and duration
of such consolidation or redistribution within the sector;
(vi) A list of the specific management rules the sector participants will agree to abide by in order to
avoid exceeding the allocated ACE for each stock, including a plan of operations or cessation
of operations once the ACEs of one or more stocks are harvested and detailed plans for
enforcement of the sector rules;
(vii) A plan that defines the procedures by which members of the sector that do not abide by the
rules of the sector will be disciplined or removed from the sector, and a procedure for notifying
NMFS of such expulsions from the sector;
(viii) If applicable, a plan of how the ACE allocated to the sector is assigned to each vessel;
(ix) If the operations plan is inconsistent with, or outside the scope of the NEPA analysis associated
with the sector proposal/framework adjustment as specified in paragraph (a)(1) of this section,
a supplemental NEPA analysis may be required with the operations plan;
(x) Detailed information about overage penalties or other actions that will be taken if a sector
exceeds its ACE for any stock;
(xi) Detailed plans for the monitoring and reporting of landings and discards by sector participants,
including, but not limited to, detailed information describing the sector's at-sea/electronic
monitoring program for monitoring utilization of ACE allocated to that sector; identification of
the independent third-party service providers employed by the sector to provide at-sea/
electronic monitoring services; the mechanism and timing of any hail reports; a list of specific
ports where participating vessels will land fish, with specific exemptions noted for safety,
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50 CFR 648.87(b)(2)(xii)

weather, etc., allowed, provided the sector provides reasonable notification to NMFS concerning
a deviation from the listed ports; and any other information about such a program required by
NMFS;
(xii) ACE thresholds that may trigger revisions to sector operations to ensure allocated ACE is not
exceeded, and details regarding the sector's plans for notifying NMFS once the specified ACE
threshold has been reached;
(xiii) Identification of any potential redirection of effort into other fisheries expected as a result of
sector operations, and, if necessary, proposed limitations to eliminate any adverse effects
expected from such redirection of effort;
(xiv) If applicable, description of how regulated species and ocean pout will be avoided while
participating in other fisheries that have a bycatch of regulated species or ocean pout if the
sector does not have sufficient ACE for stocks of regulated species or ocean pout caught as
bycatch in those fisheries, as specified in paragraph (b)(1)(vi)(B) of this section; and
(xv) A list of existing regulations in this part that the sector is requesting exemption from during the
following fishing year pursuant to paragraph (c)(2) of this section.
(3) NEPA analysis. In addition to the documents required by paragraphs (a)(1) and (b)(2) of this section,
before NMFS can approve a sector to operate during a particular fishing year, each sector must
develop and submit to NMFS, in conjunction with the yearly operations plan and sector contract, an
appropriate NEPA analysis assessing the impacts of forming the sector and operating under the
measures described in the sector operations plan.
(c) Approval of a sector and granting of exemptions by the Regional Administrator.
(1) Once the Regional Administrator has made a preliminary determination that the documents
submitted pursuant to paragraphs (a)(1), (b)(2), and (b)(3) of this section appear to comply with the
requirements of this section, NMFS may consult with the Council and approve or disapprove sector
operations consistent with the Administrative Procedure Act and other applicable law.
(2) If a sector is approved, the Regional Administrator shall issue a letter of authorization to each vessel
operator and/or vessel owner participating in the sector. The letter of authorization shall authorize
participation in the sector operations and may exempt participating vessels from any Federal fishing
regulation implementing the NE multispecies FMP, except those specified in paragraphs (c)(2)(i) and
(ii) of this section, in order to allow vessels to fish in accordance with an approved operations plan,
provided such exemptions are consistent with the goals and objectives of the FMP. The letter of
authorization may also include requirements and conditions deemed necessary to ensure effective
administration of, and compliance with, the operations plan and the sector allocation. Solicitation of
public comment on, and NMFS final determination on such exemptions shall be consistent with
paragraphs (c)(1) and (2) of this section.
(i)

Regulations that may not be exempted for sector participants. The Regional Administrator may
not exempt participants in a sector from the following Federal fishing regulations: Specific
times and areas within the NE multispecies year-round closure areas; permitting restrictions
(e.g., vessel upgrades, etc.); gear restrictions designed to minimize habitat impacts (e.g., roller
gear restrictions, etc.); reporting requirements; and AMs specified in § 648.90(a)(5)(i)(D)
through (H). For the purposes of this paragraph (c)(2)(i), the DAS reporting requirements
specified in § 648.82, the SAP-specific reporting requirements specified in § 648.85, VMS
requirements for Handgear A category permitted vessels as specified in § 648.10, and the

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50 CFR 648.87(c)(2)(ii)

reporting requirements associated with a dockside monitoring program are not considered
reporting requirements, and the Regional Administrator may exempt sector participants from
these requirements as part of the approval of yearly operations plans. For the purpose of this
paragraph (c)(2)(i), the Regional Administrator may not grant sector participants exemptions
from the NE multispecies year-round closures areas defined as Habitat Management Areas as
defined in § 648.370; Closed Area I North and Closed Area II, as defined in § 648.81(c)(3) and
(4), respectively, during the period February 16 through April 30; and the Western GOM Closure
Area, as defined at § 648.81(a)(4), where it overlaps with GOM Cod Protection Closures I
through III, as defined in § 648.81(d)(4). This list may be modified through a framework
adjustment, as specified in § 648.90.
(ii) Universal sector exemptions. All sector vessels are exempt from the following Federal fishing
regulations under this part:
(A) Trip limits on NE multispecies stocks for which a sector receives an allocation of ACE
pursuant to paragraph (b)(1)(i) of this section (i.e., all stocks except Atlantic halibut, ocean
pout, windowpane flounder, and Atlantic wolffish);
(B) The GOM Cod Protection Closures IV and V specified in § 648.81(d)(4)(iv) and (v);
(C) NE multispecies DAS restrictions other than those required to comply with effort controls
in other fisheries, as specified in §§ 648.92 and 648.322;
(D) The minimum codend mesh size restrictions for trawl gear specified in § 648.80(a)(4)(i)
when using a haddock separator trawl defined in § 648.85(a)(3)(iii) or the Ruhle trawl
defined in § 648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in § 648.80(a)(2),
provided sector vessels use a codend with 6-inch (15.2-cm) minimum mesh; and
(E) The minimum codend mesh size restrictions for trawl gear specified in § 648.80(a)(3)(i) or
(a)(4)(i) when fishing in compliance with the provisions of the Redfish Exemption Program
defined in § 648.85(e)(1).
(3) The Regional Administrator may withdraw approval of a sector, after consultation with the Council, at
any time, if it is determined that sector participants are not complying with the requirements of an
approved operations plan or that the continuation of the operations plan will undermine achievement
of fishing mortality objectives of the FMP. Withdrawal of approval of a sector may only be done in a
manner consistent with the Administrative Procedure Act and other applicable law.
(4) Any sector may submit a written request to amend its approved operations plan to the Regional
Administrator. If the amendment is administrative in nature, within the scope of and consistent with
the actions and impacts previously considered for current sector operations, the Regional
Administrator may approve an administrative amendment in writing. The Regional Administrator
may approve substantive changes to an approved operations plan in a manner consistent with the
Administrative Procedure Act and other applicable law. All approved operations plan amendments
will be published on the regional office Web site and will be provided to the Council.
(d) Approved sector allocation proposals. Eligible NE multispecies vessels, as specified in paragraph (a)(3) of
this section, may participate in the sectors identified in paragraphs (d)(1) through (26) of this section,
provided the operations plan is approved by the Regional Administrator in accordance with paragraph (c)
of this section and each participating vessel and vessel operator and/or vessel owner complies with the
requirements of the operations plan, the requirements and conditions specified in the letter of

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.87(d)(1)

authorization issued pursuant to paragraph (c) of this section, and all other requirements specified in this
section. All operational aspects of these sectors shall be specified pursuant to the operations plan and
sector contract, as required by this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Mooncusser Sector.
(4) Sustainable Harvest Sector.
(5) Sustainable Harvest Sector II.
(6) Sustainable Harvest Sector III.
(7) Port Clyde Community Groundfish Sector.
(8) Northeast Fishery Sector I.
(9) Northeast Fishery Sector II.
(10) Northeast Fishery Sector III.
(11) Northeast Fishery Sector IV.
(12) Northeast Fishery Sector V.
(13) Northeast Fishery Sector VI.
(14) Northeast Fishery Sector VII.
(15) Northeast Fishery Sector VIII.
(16) Northeast Fishery Sector IX.
(17) Northeast Fishery Sector X.
(18) Northeast Fishery Sector XI.
(19) Northeast Fishery Sector XII.
(20) Northeast Fishery Sector XIII.
(21) Tristate Sector.
(22) Northeast Coastal Communities Sector.
(23) State of Maine Permit Banking Sector.
(24) State of Rhode Island Permit Bank Sector.
(25) State of New Hampshire Permit Bank Sector.
(26) State of Massachusetts Permit Bank Sector.
(e) State-operated permit bank. A state-operated permit bank must meet and is subject to the following
requirements and conditions:

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.87(e)(1)

(1) The state-operated permit bank must be initially established using a Federal grant award from NOAA
through a valid Memorandum of Agreement (MOA) with NMFS and the state must maintain and
comply with such MOA. The MOA must contain and the state must comply with at least the
following requirements and conditions:
(i)

The state may not associate a state-operated permit bank permit with a vessel engaged in any
fishing or other on-the-water activities;

(ii) The state must establish the minimum eligibility criteria to determine whether a sector and its
associated vessels are qualified to receive either ACE or DAS from the state-operated permit
bank;
(iii) The state must identify a program contact person for the state agency administering the stateoperated permit bank;
(iv) The state must provide to NMFS a list of all permits held by the state under the aegis of the
state-operated permit bank, and declare which permits will be used in the coming fishing year
for exclusively DAS leasing to common pool vessels and which permits are to be used
exclusively for transferring ACE to sectors (including the leasing of DAS to sector vessels for
the purpose of complying with the requirements of other FMPs); and
(v) The state must prepare and submit an annual performance report to NMFS, and that said
performance report must include, at a minimum, the following elements:
(A) A comprehensive listing of all permits held by the state-operated permit bank, identifying
whether a permit was used for ACE transfers to sectors (including DAS leases to the
sector members) or DAS leases to common pool vessels, the total amount of ACE, by
stock, and DAS available to the state-operated permit bank for transfers and leases to
sectors and common-pool vessels;
(B) A comprehensive listing of all sectors to which ACE was transferred from the stateoperated permit bank, including the amount, by stock, of ACE transferred to each sector,
including a list of all vessels that harvested the ACE transferred to the sector and the
amounts harvested;
(C) A comprehensive listing of all sector vessels to which DAS were leased from the stateoperated permit bank, including the number of DAS leased to each sector vessel; and
(D) A comprehensive listing of all common pool vessels to which DAS were leased from the
state-operated permit bank, including the number of DAS leased to each common pool
vessel.
(2) Eligibility. If a state is issued a permit that meets sector eligibility requirements, as defined in
paragraph (a)(3) of this section, such permit may be held by a state-operated permit bank.
(3) Allocation and utilization of ACE —
(i)

Allocation of ACE. The amount of ACE allocated to a state-operated permit bank shall be
derived from the permits appropriately declared by the state to be “ACE permits,” pursuant to
paragraph (e)(1)(i)(v) of this section, for the fishing year and allocated on a stock-by-stock
basis pursuant to paragraph (b)(1)(i) of this section.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.87(e)(3)(ii)

(ii) Acquiring ACE. Except as provided in this paragraph, a state-operated permit bank may not
acquire ACE for a fishing year through a transfer from a sector. If ACE is transferred to a sector
from a state-operated permit bank, NMFS may authorize the return of the unused portion of
such ACE (up to the total originally transferred) to the state-operated permit bank upon written
agreement by both parties. The state-operated permit bank may then redistribute the available
ACE to another qualifying sector during that fishing year.
(iii) Transferring ACE. Subject to the terms and conditions of the state-operated permit bank's MOAs
with NMFS, as well as ACE transfer restrictions described in paragraph (b)(1)(viii) of this
section, a state-operated permit bank may transfer ACE, on a stock-by-stock basis, to other
state-operated permit banks.
(iv) Reallocation of GB haddock or GB cod ACE. Subject to the terms and conditions of the stateoperated permit bank's MOAs with NMFS, a state-operated permit bank may re-allocate all, or a
portion, of its GB haddock or GB cod ACE specified for the Eastern U.S./Canada Area to the
Western U.S./Canada Area provided it complies with the requirements in paragraph
(b)(1)(i)(B)(2) of this section.
(4) Allocation and utilization of days-at-sea —
(i)

Allocation of DAS. The number of DAS available for a state-operated permit bank to provide to
sector or common pool vessels shall be the accumulated NE Multispecies Category A DAS
assigned to the fishing vessel permits held by the state and appropriately declared by the state
pursuant to paragraph (e)(1)(v) of this section to be either “ACE permits” or “common pool
permits” for that fishing year, consistent with the terms of the state's permit bank MOA.

(ii) Acquiring DAS. A state-operated permit bank may not acquire DAS through a lease from a
vessel permit (including permits held by other state-operated permit banks), as described in §
684.82(k). If a vessel leases DAS from a state-operated permit bank, NMFS may authorize the
return of the unused portion of such DAS to the state-operated permit bank upon written
agreement by both parties, provided none of the DAS had been used. The state-operated permit
bank may then redistribute the available DAS to another vessel during the same fishing year.
(5) Annual report. A state-operated permit bank shall report to the Council annually on the performance
of the state-operated permit bank. Such reports shall include at a minimum and to the extent that the
information does not conflict with any regulations regarding the protection of personal and/or
proprietary information, all elements listed in paragraph (e)(1)(v) of this section.
(6) Use of additional funds. If additional funds from any source become available to a state-operated
permit bank, the state-operated permit bank may not allocate or transfer any ACE that may be
associated with any new permit purchased with those funds, until the state-operated permit bank
provides the Council the opportunity to review the implications of the expanded state-operated
permit bank to the goals and objectives of the NE Multispecies FMP.
(7) Violation of the terms and conditions applicable to a state-operated permit bank. If a state or stateoperated permit bank violates or fails to comply with any of the requirements and conditions
specified in this section or in the MOA referenced in paragraph (e)(1) of this section, the state or
state-operated permit bank is subject to the actions and penalties specified in § 648.4(n) or the
MOA.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.88

[75 FR 18338, 18374, Apr. 9, 2010]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.87, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.88 Multispecies open access permit restrictions.
(a) Handgear permit. A vessel issued a valid open access NE multispecies Handgear permit is subject to the
following restrictions:
(1) The vessel may possess and land up to 75 lb (90.7 kg) of cod, and up to the landing and possession
limit restrictions for other NE multispecies specified in § 648.86, provided the vessel complies with
the restrictions specified in paragraph (a)(2) of this section. If either the GOM or GB cod trip limit
applicable to a vessel fishing under a NE multispecies DAS permit, as specified in § 648.86(b)(1) and
(2), respectively, is adjusted by NMFS, the cod trip limit specified in this paragraph (a)(1) shall be
adjusted proportionally (rounded up to the nearest 25 lb (11.3 kg)). For example, if the GOM cod trip
limit specified at § 648.86(b)(1) doubled, then the cod trip limit for the Handgear B category fishing
in the GOM Regulated Mesh Area would also double to 150 lb (68 kg).
(2) Restrictions:
(i)

The vessel may not use or possess on board gear other than handgear while in possession of,
fishing for, or landing NE multispecies, and must have at least one standard tote on board;

(ii) The vessel may not fish for, possess, or land regulated species from March 1 through March 20
of each year; and
(iii) The vessel, if fishing with tub-trawl gear, may not fish with more than a maximum of 250 hooks.
(iv) Declaration. To fish for GB cod south of the GOM Regulated Mesh Area, as defined at §
648.80(a)(1), a vessel owner or operator must obtain, and retain on board, a letter of
authorization from the Regional Administrator declaring an intent to fish south of the GOM
Regulated Mesh Area, and may not fish in any other area for a minimum of 7 consecutive days
from the effective date of the letter of authorization. Such a vessel may transit the GOM
Regulated Mesh Area, provided that their gear is stowed and not available for immediate use as
defined in § 648.2.
(b) Charter/party permit. A vessel that has been issued a valid open access NE multispecies charter/party
permit is subject to the additional restrictions on gear, recreational minimum fish sizes, possession limits,
and prohibitions on sale specified in § 648.89, and any other applicable provisions of this part.
(c) Scallop NE multispecies possession limit permit. With the exception of vessels fishing in the Sea Scallop
Access Areas as specified in § 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 § 648.53, provided the
vessel does not fish for, possess, or land haddock from January 1 through June 30, as specified under §
648.86(a)(2)(i), and provided that the amount of regulated NE multispecies on board the vessel does not
exceed any of the pertinent trip limits specified under § 648.86, and provided the vessel has at least one
standard tote on board. A vessel fishing in the Sea Scallop Access Areas as specified in § 648.59(b)
through (d) is subject to the possession limits specified in § 648.60(a)(5)(ii).

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.88(d)

(d) Non-regulated NE multispecies permit. A vessel issued a valid open access non-regulated NE multispecies
permit may possess and land one Atlantic halibut and unlimited amounts of the other non-regulated NE
multispecies, unless otherwise restricted by § 648.86. The vessel is subject to restrictions on gear, area,
and time of fishing specified in § 648.80 and any other applicable provisions of this part.
[69 FR 22983, Apr. 27, 2004, as amended at 69 FR 63481, Nov. 2, 2004; 71 FR 62195, Oct. 23, 2006; 75 FR 18348, Apr. 9, 2010; 76
FR 23075, Apr. 25, 2011; 77 FR 19143, Mar. 30, 2012; 79 FR 52580, Sept. 4, 2014; 79 FR 67375, Nov. 13, 2014; 80 FR 25141, May 1,
2015]

§ 648.89 Recreational and charter/party vessel restrictions.
(a) Recreational gear restrictions. Persons aboard charter/party vessels permitted under this part and not
fishing under the DAS program or under the restrictions and conditions of an approved sector operations
plan, as specified in § 648.87(c), and recreational fishing vessels in the EEZ, are prohibited from fishing
with more than one line per angler, and all other gear on board must be stowed and not available for
immediate use as defined in § 648.2.
(b) Recreational minimum and maximum fish sizes —
(1) Minimum and maximum fish sizes. Unless further restricted under this section, persons aboard
charter or party boats permitted under this part and not fishing under the NE multispecies DAS
program or under the restrictions and conditions of an approved sector operations plan, and private
recreational fishing vessels may not possess fish in or from the EEZ that are smaller than the
minimum fish sizes or larger than the maximum fish sizes, measured in total length, as follows:

TABLE 1 TO PARAGRAPH (b)(1)
Charter/party
minimum size

Species

inches

cm

Private
minimum size
inches

cm

Maximum
size
inches

cm

Cod:
Inside GOM Regulated Mesh Area1

23

58.4

23

58.4

N/A

N/A

23

58.4

23

58.4

N/A

N/A

18

45.7

18

45.7

N/A

N/A

18

45.7

18

45.7

N/A

N/A

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

Outside GOM Regulated Mesh

Area1

Haddock:
Inside GOM Regulated Mesh Area1
Outside GOM Regulated Mesh

1

Area1

GOM Regulated Mesh Area specified in § 648.80(a).

50 CFR 648.89(b)(1) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Charter/party
minimum size

Species

inches
Redfish
1

50 CFR 648.89(b)(2)

cm

9

Private
minimum size
inches

22.9

9

cm

Maximum
size
inches

22.9

N/A

cm
N/A

GOM Regulated Mesh Area specified in § 648.80(a).

(2) Exceptions —
(i)

Fillet size. Vessels may possess fillets less than the minimum size specified, if the fillets are
taken from legal-sized fish and are not offered or intended for sale, trade or barter.

(ii) Transiting. Vessels in possession of cod or haddock caught outside the GOM Regulated Mesh
Area specified in § 648.80(a)(1) may transit this area with cod and haddock that meet the
minimum size specified for fish caught outside the GOM Regulated Mesh Area specified in §
648.80(b)(1), provided all bait and hooks are removed from fishing rods, and any cod and
haddock on board has been gutted and stored.
(3) Fillets. Fish fillets, or parts of fish, must have at least 2 square inches (5.1 square cm) of skin on
while possessed on board a vessel and at the time of landing in order to meet minimum size
requirements. The skin must be contiguous and must allow ready identification of the fish species.
(c) Possession Restrictions —
(1) 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)(i), 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)(i).
(i)

Closed season. Persons aboard private recreational fishing vessels may not possess species,
as specified in the column titled “Species” in Table 2 to paragraph (c)(1)(i), in or from the EEZ
during that species closed season as specified in the column titled “Closed Season” in Table 2
to paragraph (c)(1)(i).

TABLE 2 TO PARAGRAPH (c)(1)(i)
Stock

Open season

Possession
limit

Closed season

GB Cod

September 1-April 30; May
1-31

5

June 1-August 31.

GOM Cod

September 1-October 31

1

May 1-August 31; November
1-April 30.

GB Haddock

All Year

Unlimited

N/A.

50 CFR 648.89(c)(1)(i) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Stock

Open season

50 CFR 648.89(c)(1)(ii)

Possession
limit

Closed season

GOM Haddock

May 1-February 28 (or 29);
April 1-30

15

March 1-March 31.

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
Atlantic Wolffish

See paragraph (c)(3) of this section.
CLOSED

No retention All Year.

(ii) [Reserved]
(2) Charter or Party Boats. Persons aboard party or charter 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).

TABLE 3 TO PARAGRAPH (c)(2)
Stock

Possession
limit

Open season

Closed season

GB Cod

September 1-April 30 May 1-31

5

June 1-August 31.

GOM Cod

September 1-October 31

1

May 1-August 31.
November 1-April

50 CFR 648.89(c)(2) (enhanced display)

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Stock

50 CFR 648.89(c)(3)

Possession
limit

Open season

Closed season
30.

GB Haddock

All Year

Unlimited

N/A.

GOM Haddock

May 1-February 28 (or 29) April
1-30

15

March 1-March 31.

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
Atlantic Wolffish

See Paragraph (c)(3).
CLOSED

No retention

All Year.

(3) Atlantic halibut. Vessels permitted under this part, and recreational fishing vessels fishing in the EEZ,
may not possess more than one Atlantic halibut on board the vessel.
(4) Accounting of daily possession limit. For the purposes of determining the per day trip limit for cod
and haddock for private recreational fishing vessels and charter or party boats, any trip in excess of
15 hours and covering 2 consecutive calendar days will be considered more than 1 day. Similarly, any
trip in excess of 39 hours and covering 3 consecutive calendar days will be considered more than 2
days and, so on, in a similar fashion.
(5) Fillet conversion. For purposes of counting fish for cod and haddock for private recreational fishing
vessels and charter or party boats, if fish are filleted, fillets will be converted to whole fish by dividing
the number of fillets by two. If fish are filleted into a single (butterfly) fillet, such fillet shall be
deemed to be from one whole fish.
(6) Application of daily possession limit. Compliance with the daily possession limit for cod and haddock
harvested by party, charter, and private recreational fishing vessels, in or from the EEZ, with more
than one person aboard, will be determined by dividing the number of fish on board by the number of

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.89(c)(7)

persons on board. If there is a violation of the daily possession limit on board a vessel carrying more
than one person the violation shall be deemed to have been committed by the owner or operator of
the vessel.
(7) Storage. Cod and haddock must be stored so as to be readily available for inspection.
(d) Restrictions on sale. It is unlawful to sell, barter, trade, or otherwise transfer for a commercial purpose, or
to attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, NE multispecies caught in
or landed from the EEZ by recreational, charter, or party vessels permitted under this part not fishing
under a DAS, on a sector trip, or under a Handgear A permit, Handgear B permit, or Small Vessel Category
C permit.
(e) Charter/party vessel restrictions on fishing in GOM closed areas and the Nantucket Lightship Closed Area —
(1) GOM closed areas.
(i)

A vessel fishing under charter/party regulations may not fish in the GOM closed areas specified
in § 648.81(a)(3) and (4) and (d)(4) during the time periods specified in those paragraphs,
unless the vessel has on board a valid letter of authorization issued by the Regional
Administrator pursuant to § 648.81(d)(5)(v) and paragraph (e)(3) of this section. The
conditions and restrictions of the letter of authorization must be complied with for a minimum
of 3 months if the vessel fishes or intends to fish in the GOM cod protection closures; or for the
rest of the fishing year, beginning with the start of the participation period of the letter of
authorization, if the vessel fishes or intends to fish in the year-round GOM closure areas.

(ii) A vessel fishing under charter/party regulations may not fish in the GOM Cod Spawning
Protection Area specified at § 648.81(b)(3) during the time period specified in that paragraph,
unless the vessel complies with the requirements specified at § 648.81(b)(2)(iii).
(2) [Reserved]
(3) Letters of authorization. To obtain either of the letters of authorization specified in paragraphs (e)(1)
and (2) of this section, a vessel owner must request a letter from the NMFS Greater Atlantic Regional
Fisheries Office, either in writing or by phone (see Table 1 to 50 CFR 600.502). As a condition of
these letters of authorization, the vessel owner must agree to the following:
(i)

The letter of authorization must be carried on board the vessel during the period of
participation;

(ii) Fish species managed by the NEFMC or MAFMC that are harvested or possessed by the vessel,
are not sold or intended for trade, barter or sale, regardless of where the fish are caught;
(iii) The vessel has no gear other than rod and reel or handline gear on board; and
(iv) For the GOM charter/party closed area exemption only, the vessel may not fish on a sector trip,
under a NE multispecies DAS, or under the provisions of the NE multispecies Small Vessel
Category or Handgear A or Handgear B permit categories, as specified at § 648.82, during the
period of participation.
(f) Recreational fishery AM —
(1) Catch evaluation. As soon as recreational catch data are available for the entire previous fishing year,
the Regional Administrator will evaluate whether recreational catches exceed any of the sub-ACLs
specified for the recreational fishery pursuant to § 648.90(a)(4). When evaluating recreational catch,
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the components of recreational catch that are used shall be the same as those used in the most
recent assessment for that particular stock. To determine if any sub-ACL specified for the
recreational fishery was exceeded, the Regional Administrator shall compare the 3-year average of
recreational catch to the 3-year average of the recreational sub-ACL for each stock.
(2) Reactive AM adjustment. If it is determined that any recreational sub-ACL was exceeded, as specified
in paragraph (f)(1) of this section, the Regional Administrator, after consultation with the NEFMC,
shall develop measures necessary to prevent the recreational fishery from exceeding the appropriate
sub-ACL in future years. Appropriate AMs for the recreational fishery, including adjustments to
fishing season, minimum fish size, or possession limits, may be implemented in a manner consistent
with the Administrative Procedure Act, with final measures published in the FEDERAL REGISTER no later
than January when possible. Separate AMs shall be developed for the private and charter/party
components of the recreational fishery.
(3) Proactive AM adjustment. When necessary, the Regional Administrator, after consultation with the
NEFMC, may adjust recreational measures to ensure the recreational fishery achieves, but does not
exceed any recreational fishery sub-ACL in a future fishing year. Appropriate AMs for the recreational
fishery, including adjustments to fishing season, minimum fish size, or possession limits, may be
implemented in a manner consistent with the Administrative Procedure Act, with final measures
published in the FEDERAL REGISTER prior to the start of the fishing year where possible. In specifying
these AMs, the Regional Administrator shall take into account the non-binding prioritization of
possible measures recommended by the NEFMC: For cod, first increases to minimum fish sizes,
then adjustments to seasons, followed by changes to bag limits; and for haddock, first increases to
minimum size limits, then changes to bag limits, and then adjustments to seasons.
(g) Regional Administrator authority for Georges Bank cod recreational measures. For the 2023 and 2024
fishing years, the Regional Administrator, after consultation with the NEFMC, may adjust recreational
measures for Georges Bank cod to prevent the recreational fishery from exceeding the annual catch
target as determined by the NEFMC. Appropriate measures, including adjustments to fishing seasons,
minimum fish sizes, or possession limits, may be implemented in a manner consistent with the
Administrative Procedure Act, with the final measures published in the FEDERAL REGISTER prior to the start
of the fishing year when possible. Separate measures may be implemented for the private and charter/
party components of the recreational fishery. Measures in place in fishing year 2024 will be in effect
beginning in fishing year 2025, and will remain in effect until they are changed by a Framework
Adjustment or Amendment to the FMP, or through an emergency action.
[69 FR 22984, Apr. 27, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.89, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.90 NE multispecies assessment, framework procedures and specifications, and flexible
area action system.
For the NE multispecies framework specification process described in this section, the regulated species and ocean
pout biennial review is considered a separate process from the small-mesh species annual review, as described in
paragraphs (a)(2) and (b)(1), respectively, of this section. In addition, the process for specifying ABCs and

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50 CFR 648.90(a)

associated ACLs for regulated species and ocean pout, as described in paragraph (a)(4) of this section, is
considered a separate process from the small-mesh species ABC and ACL process described in paragraph (b)(2) of
this section.
(a) NE multispecies. For the purpose of this paragraph (a), the term “NE multispecies fishery” is defined as
common pool vessels, sector vessels, and private recreational and charter/party vessels, as defined in
this part; the term “NE multispecies commercial fishery” is defined as vessels issued a limited access NE
multispecies permit, or an open access NE multispecies Handgear B permit; and the term “NE
multispecies recreational fishery” is defined as private recreational vessels and charter or party boats, as
further defined in this part.
(1) NE Multispecies annual SAFE Report. The NE Multispecies Plan Development Team (PDT) shall
prepare an annual Stock Assessment and Fishery Evaluation (SAFE) Report for the NE multispecies
fishery. The SAFE Report shall be the primary vehicle for the presentation of all updated biological
and socio-economic information regarding the NE multispecies complex and its associated
fisheries. The SAFE report shall provide source data for any adjustments to the management
measures that may be needed to continue to meet the goals and objectives of the FMP.
(2) Biennial review.
(i)

At a minimum, the NE multispecies PDT shall meet on or before September 30 every other year
to perform a review of the fishery, using the most current scientific information available
provided primarily from the NEFSC. Data provided by states, ASMFC, the USCG, and other
sources may also be considered by the PDT. The PDT shall review available data pertaining to:
Catch and landings, discards, DAS allocations, DAS use, sector operations, and other measures
of fishing effort; survey results; stock status; current estimates of fishing mortality and
overfishing levels; social and economic impacts; enforcement issues; and any other relevant
information. The PDT may also review the performance of different user groups or fleet
sectors.

(ii) Based on this review, the PDT shall recommend ACLs for the upcoming fishing year(s), as
described in paragraph (a)(4) of this section, and develop options for consideration by the
Council, if necessary, on any changes, adjustments, or additions to DAS allocations, closed
areas, or other measures necessary to rebuild overfished stocks and achieve the FMP goals
and objectives, which may include a preferred option. The range of options developed by the
PDT may include any of the management measures in the FMP, including, but not limited to:
ACLs, which must be based on the projected fishing mortality levels required to meet the goals
and objectives outlined in the FMP for the 12 regulated species and ocean pout if able to be
determined; identifying and distributing ACLs and other sub-components of the ACLs among
various segments of the fishery; AMs; DAS changes; possession limits; gear restrictions; closed
areas; permitting restrictions; minimum fish sizes; recreational fishing measures; describing
and identifying EFH; fishing gear management measures to protect EFH; designating habitat
areas of particular concern within EFH; and changes to the SBRM, including the CV-based
performance standard, the means by which discard data are collected/obtained, fishery
stratification, the process for prioritizing observer sea-day allocations, reports, and/or industryfunded observers or observer set aside programs. The PDT must demonstrate through
analyses and documentation that the options it develops are expected to meet the FMP goals
and objectives.

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50 CFR 648.90(a)(2)(iii)

(iii) In addition, the PDT may develop ranges of options for any of the management measures in the
FMP and the following conditions that may be adjusted through a framework adjustment to
achieve FMP goals and objectives including, but not limited to:
(A) Revisions to DAS measures, including DAS allocations (such as the distribution of DAS
among the four categories of DAS), future uses for Category C DAS, and DAS baselines,
adjustments for steaming time, etc.;
(B) Accumulation limits due to a permit buyout or buyback;
(C) Modifications to capacity measures, such as changes to the DAS transfer or DAS leasing
measures;
(D) Calculation of area-specific ACLs (including sub-ACLs for specific stocks and areas (e.g.,
Gulf of Maine cod)), area management boundaries, and adoption of area-specific
management measures including the delineation of inshore/offshore fishing practices,
gear restrictions, declaration time periods;
(E) Sector allocation requirements and specifications, including the establishment of a new
sector, the disapproval of an existing sector, the allowable percent of ACL available to a
sector through a sector allocation, an optional sub-ACL specific to Handgear A permitted
vessels, management uncertainty buffers, and the calculation of PSCs;
(F) Sector administration provisions, including at-sea, electronic, dockside, and other
monitoring tools, coverage requirements and processes, monitoring program review, or
other measures; sector reporting requirements; vessel-specific coverage levels;
(G) State-operated permit bank administrative provisions;
(H) Measures to implement the U.S./Canada Resource Sharing Understanding, including any
specified TACs (hard or target);
(I)

Changes to administrative measures;

(J) Additional uses for Regular B DAS;
(K) Reporting requirements;
(L) Declaration requirements pertaining to when and what time period a vessel must declare
into or out of a fishery management area;
(M) The GOM Inshore Conservation and Management Stewardship Plan;
(N) Adjustments to the Handgear A or B permits;
(O) Gear requirements to improve selectivity, reduce bycatch, and/or reduce impacts of the
fishery on EFH;
(P) Special Access Program (SAP) modifications;
(Q) Revisions to the ABC control rule and status determination criteria, including, but not
limited to, changes in the target fishing mortality rates, minimum biomass thresholds,
numerical estimates of parameter values, and the use of a proxy for biomass may be
made either through a biennial adjustment or framework adjustment;

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50 CFR 648.90(a)(2)(iii)(R)

(R) Changes to the SBRM, including the CV-based performance standard, the means by which
discard data are collected/obtained, fishery stratification, the process for prioritizing
observer sea-day allocations, reports, and/or industry-funded observers or observer set
aside programs; and
(S) Any other measures currently included in the FMP.
(iv) [Reserved]
(v) The Council shall review the ACLs recommended by the PDT and all of the options developed
by the PDT and other relevant information; consider public comment; and develop a
recommendation to meet the FMP objectives pertaining to regulated species or ocean pout
that is consistent with applicable law. If the Council does not submit a recommendation that
meets the FMP objectives and is consistent with applicable law, the Regional Administrator
may adopt any option developed by the PDT, unless rejected by the Council, as specified in
paragraph (a)(2)(vii) of this section, provided the option meets the FMP objectives and is
consistent with applicable law.
(vi) Based on this review, the Council shall submit a recommendation to the Regional Administrator
of any changes, adjustments or additions to DAS allocations, closed areas or other measures
necessary to achieve the FMP's goals and objectives. The Council shall include in its
recommendation supporting documents, as appropriate, concerning the environmental and
economic impacts of the proposed action and the other options considered by the Council.
(vii) If the Council submits, on or before December 1, a recommendation to the Regional
Administrator after one Council meeting, and the Regional Administrator concurs with the
recommendation, the Regional Administrator shall publish the Council's recommendation in the
FEDERAL REGISTER as a proposed rule with a 30-day public comment period. The Council may
instead submit its recommendation on or before February 1, if it chooses to follow the
framework process outlined in paragraph (c) of this section, and requests that the Regional
Administrator publish the recommendation as a final rule, in a manner consistent with the
Administrative Procedure Act. If the Regional Administrator concurs that the Council's
recommendation meets the FMP objectives and is consistent with other applicable law, and
determines that the recommended management measures should be published as a final rule,
the action will be published as a final rule in the FEDERAL REGISTER, in a manner consistent with
the Administrative Procedure Act. If the Regional Administrator concurs that the
recommendation meets the FMP objectives and is consistent with other applicable law and
determines that a proposed rule is warranted, and, as a result, the effective date of a final rule
falls after the start of the fishing year on May 1, fishing may continue. However, DAS used or
regulated species or ocean pout landed by a vessel on or after May 1 will be counted against
any DAS or sector ACE allocation the vessel or sector ultimately receives for that year, as
appropriate.
(viii) If the Regional Administrator concurs in the Council's recommendation, a final rule shall be
published in the FEDERAL REGISTER on or about April 1 of each year, with the exception noted in
paragraph (a)(2)(vii) of this section. If the Council fails to submit a recommendation to the
Regional Administrator by February 1 that meets the FMP goals and objectives, the Regional
Administrator may publish as a proposed rule one of the options reviewed and not rejected by
the Council, provided that the option meets the FMP objectives and is consistent with other

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50 CFR 648.90(a)(3)

applicable law. If, after considering public comment, the Regional Administrator decides to
approve the option published as a proposed rule, the action will be published as a final rule in
the FEDERAL REGISTER.
(3) Default OFLs, ABCs, and ACLs.
(i)

Unless otherwise specified in this paragraph (a)(3), if final specifications are not published in
the FEDERAL REGISTER for the start of a fishing year, as outlined in paragraph (a)(4) of this
section, specifications for that fishing year shall be set at 75 percent of the previous year's
specifications for each NE multispecies stock, including the U.S./Canada shared resources, for
the period of time beginning on May 1 and ending on October 31, unless superseded by the
final rule implementing the current year's specifications.

(ii) If the default specifications exceed the Council's recommendations for any stock for the current
year, the specifications for that stock shall be reduced to the Council's recommendation
through notice consistent with the Administrative Procedure Act.
(iii) These specifications shall be subdivided among the various sub-components of the fishery
consistent with the ABC/ACL distribution adopted for the previous year's specifications.
(4) Process for setting ABCs and ACLs —
(i)

ABC/ACL recommendations. As described in this paragraph (a)(4), with the exception of stocks
managed by the Understanding, the PDT shall develop recommendations for setting an ABC,
ACL, and OFL for each NE multispecies stock for each of the next 3 years as part of the biennial
review process specified in paragraph (a)(2) of this section. ACLs can also be specified based
upon updated information in the annual SAFE report, as described in paragraph (a)(1) of this
section, and other available information as part of a specification package, as described in
paragraph (a)(6) of this section. For NE multispecies stocks or stock components managed
under both the NE Multispecies FMP and the Understanding, the PDT shall develop
recommendations for ABCs, ACLs, and OFLs for the pertinent stock or stock components for
each of the next 2 years as part of the annual process described in this paragraph (a)(4) and §
648.85(a)(2).
(A) ABC recommendations. The PDT shall develop ABC recommendations based on the ABC
control rule, the fishing mortality rate necessary to rebuild the stock, guidance from the
SSC, and any other available information. The PDT recommendations shall be reviewed by
the SSC. Guided by terms of reference developed by the Council, the SSC shall either
concur with the ABC recommendations provided by the PDT, or provide alternative
recommendations for each stock of regulated species or ocean pout and describe the
elements of scientific uncertainty used to develop its recommendations. Should the SSC
recommend an ABC that differs from that originally recommend by the PDT, the PDT shall
revise its ACL recommendations if necessary to be consistent with the ABC
recommendations made by the SSC. In addition to consideration of ABCs, the SSC may
consider other related issues specified in the terms of reference developed by the Council,
including, but not limited to, OFLs, ACLs, and management uncertainty.
(B) ACL recommendations. The PDT shall develop ACL recommendations based upon ABCs
recommended by the SSC and the pertinent recommendations of the Transboundary
Management Guidance Committee (TMGC). The ACL recommendations of the PDT shall
be specified based upon total catch for each stock (including both landings and discards),
if that information is available. The PDT shall describe the steps involved with the

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calculation of the recommended ACLs and uncertainties and risks considered when
developing these recommendations, including whether different levels of uncertainties
were used for different sub-components of the fishery and whether ACLs have been
exceeded in recent years. Based upon the ABC recommendations of the SSC and the ACL
recommendations of the PDT, the Council shall adopt ACLs that are equal to or lower than
the ABC recommended by the SSC to account for management uncertainty in the fishery.
In years that the coverage target for the groundfish sector monitoring program specified in
§ 648.11(l) is set at 100 percent, the management uncertainty buffer defaults to zero for
the sector sub-ACL for the allocated regulated species stocks specified at §
648.87(b)(1)(i)(A), unless through an action the New England Fishery Management
Council specifies a different management uncertainty buffer for a sector sub-ACL to
prevent catches from exceeding an ACL when the coverage target is 100 percent. The
need for a management uncertainty buffer for the sector sub-ACL will continue to be
evaluated as part of each specification action. The PDT will consider whether the
100-percent monitoring coverage target supports a zero percent buffer, or any other factor
has a significant potential to result in catches that could exceed ACLs and will
recommend an appropriate management uncertainty buffer if necessary.
(ii) Timing. The PDT recommendations for setting ABCs and ACLs shall be provided to the SSC
prior to the September Council meeting, to the extent possible. The Council shall consider the
ABC recommendations of the SSC and the ACL recommendations of the PDT (and TMGC) and
shall make a decision on those recommendations prior to December 1, to the extent possible.
Once the Council has approved its recommended ACLs, they shall be submitted to NMFS prior
to December 1, to the extent possible for approval and implementation. If the Council is
submitting a management action as part of the biennial adjustment process, the ACLs can be
included in that document along with any necessary analysis required by applicable law. After
receipt of the Council recommendation for ACLs, either as part of a new management action or
as part of a specification package, as described in paragraph (a)(5) of this section, NMFS shall
review the Council's decision and, if consistent with applicable law, implement the ACL in a
manner consistent with the Administrative Procedure Act.
(iii) ABC/ACL distribution. The ABCs/ACLs adopted by the Council for each regulated species or
ocean pout stock pursuant to this paragraph (a)(4) shall be subdivided among the various subcomponents of the fishery, as specified in paragraphs (a)(4)(iii)(A) through (H) of this section.
For transboundary stocks managed by the Understanding, pursuant to § 648.85(a), the
distribution of ABC/ACLs described in paragraphs (a)(4)(iii)(A) through (H) of this section shall
be based upon the catch available to U.S. fishermen. The Council may revise its
recommendations for the distribution of ABCs and ACLs among these and other subcomponents through the process to specify ABCs and ACLs, as described in this paragraph
(a)(4).
(A) Regulated species or ocean pout catch by vessels operating only in state waters. The catch
of regulated species or ocean pout that is expected to be harvested by vessels operating
only in state waters that have not been issued a Federal NE multispecies permit and are
not subject to the regulations specified in this part, as well as the recreational catch of
regulated species or ocean pout that occurs in state waters, unless otherwise specified in
paragraph (a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/ACL of each
regulated species or ocean pout stock pursuant to the process for specifying ABCs and
ACLs, as described in this paragraph (a)(4).
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(B) Regulated species or ocean pout catch by other, non-specified fisheries. Regulated species
or ocean pout catch by other, non-specified fisheries, including, but not limited to,
exempted fisheries that occur in Federal waters, fisheries harvesting exempted species
specified in § 648.80(b)(3), and recreational fisheries that occur in Federal waters, unless
otherwise specified in paragraph (a)(4)(iii)(H)(1)(i) of this section, shall be deducted from
the ABC/ACL of each regulated species or ocean pout stock, pursuant to the process to
specify ABCs and ACLs described in this paragraph (a)(4), unless otherwise specified in
paragraphs (a)(4)(iii)(C) through (G) of this section. The catch of these non-specified subcomponents of the ACL shall be monitored using data collected pursuant to this part. If
catch from such fisheries exceeds the amount specified in this paragraph (a)(4)(iii)(B),
AMs shall be developed to prevent the overall ACL for each stock from being exceeded,
pursuant to the framework adjustment process specified in this section.
(C) Yellowtail flounder catch by the Atlantic sea scallop fishery. Yellowtail flounder catch in the
Atlantic sea scallop fishery, as defined in subpart D of this part, shall be deducted from the
ABC/ACL for each yellowtail flounder stock pursuant to the restrictions specified in
subpart D of this part and the process to specify ABCs and ACLs, as described in
paragraph (a)(4) of this section. Unless otherwise specified in this paragraph (a)(4)(iii)(C),
or subpart D of this part, the specific value of the sub-components of the ABC/ACL for
each stock of yellowtail flounder distributed to the Atlantic sea scallop fishery shall be
specified pursuant to the biennial adjustment process specified in paragraph (a)(2) of this
section. The Atlantic sea scallop fishery shall be allocated 40 percent of the GB yellowtail
flounder ABC (U.S. share only) in fishing year 2013, and 16 percent in fishing year 2014
and each fishing year thereafter, pursuant to the process for specifying ABCs and ACLs
described in this paragraph (a)(4). An ACL based on this ABC shall be determined using
the process described in paragraph (a)(4)(i) of this section. Based on information
available, NMFS shall project the expected scallop fishery catch of GB and SNE/MA
yellowtail flounder for the current fishing year by January 15. If NMFS determines that the
scallop fishery will catch less than 90 percent of its GB or SNE/MA yellowtail flounder subACL, the Regional Administrator may reduce the pertinent scallop fishery sub-ACL to the
amount projected to be caught, and increase the groundfish fishery sub-ACL by any
amount up to the amount reduced from the scallop fishery sub-ACL. The revised GB or
SNE/MA yellowtail flounder groundfish fishery sub-ACL shall be distributed to the
common pool and sectors based on the process specified in paragraph (a)(4)(iii)(H)(2) of
this section.
(D) Haddock catch by the midwater trawl Atlantic herring fishery —
(1) Sub-ACL values. The midwater trawl Atlantic herring fishery will be allocated subACLs equal to 1 percent of the GOM haddock ABC, and 2 percent of the GB haddock
ABC (U.S. share only), pursuant to the restrictions in § 648.86(a)(3). The sub-ACLs
will be set using the process for specifying ABCs and ACLs described in paragraph
(a)(4) of this section. For the purposes of these sub-ACLs, the midwater trawl
Atlantic herring fishery includes vessels issued a Federal Atlantic herring permit and
fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in
§ 648.200(f)(1) and (3).
(2) GB haddock sub-ACL Review. Following an assessment of the total GB haddock
stock, the Groundfish PDT will conduct a review of the sub-ACL and recommend to
the Groundfish Committee and Council a sub-ACL for the midwater trawl Atlantic
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50 CFR 648.90(a)(4)(iii)(E)

herring fishery of 1 and up to 2 percent of the GB haddock U.S. ABC. The sub-ACL
review should consider factors including, but not limited to, groundfish fishery catch
performance, expected groundfish fishery utilization of the GB haddock ACL, status
of the GB haddock resource, recruitment, incoming year-class strength, and
evaluation of the coefficient of variation of the GB haddock incidental catch
estimates for the midwater trawl Atlantic herring fishery.
(E) Windowpane flounder catch by the Atlantic sea scallop fishery. The Atlantic sea scallop
fishery, as defined in subpart D of this part, will be allocated sub-ACLs equaling 21 percent
of the northern windowpane flounder ABC and 36 percent of the southern windowpane
flounder ABC. The sub-ACLs will be set using the process for specifying ABCs and ACLs
described in paragraph (a)(4) of this section.
(F) Southern windowpane flounder catch by exempted fisheries. Southern windowpane
flounder catch by other, non-specified fisheries, including, but not limited to, exempted
fisheries that occur in Federal waters and fisheries harvesting exempted species specified
in § 648.80(b)(3), shall be deducted from the ABC/ACL for southern windowpane flounder
pursuant to the process to specify ABCs and ACLs, as described in this paragraph (a)(4).
The specific value of the sub-components of the ABC/ACL for southern windowpane
flounder distributed to these other fisheries shall be specified pursuant to the biennial
adjustment process specified in paragraph (a)(2) of this section.
(G) GB yellowtail flounder catch by small mesh fisheries —
(1) For the purposes of this paragraph, the term “small-mesh fisheries” is defined as
vessels fishing with bottom tending mobile gear with a codend mesh size of less
than 5 in (12.7 cm) in other, non-specified sub-components of the fishery, including,
but not limited to, exempted fisheries that occur in Federal waters and fisheries
harvesting exempted species specified in § 648.80(b)(3).
(2) Small-mesh fisheries allocation. GB yellowtail flounder catch by the small-mesh
fisheries, as defined in paragraph (a)(4)(iii)(G)(1) of this section, shall be deducted
from the ABC/ACL for GB yellowtail flounder pursuant to the process to specify ABCs
and ACLs, as described in this paragraph (a)(4). This small mesh fishery shall be
allocated 2 percent of the GB yellowtail flounder ABC (U.S. share only) in fishing year
2013 and each fishing year after, pursuant to the process for specifying ABCs and
ACLs described in this paragraph (a)(4). An ACL based on this ABC shall be
determined using the process described in paragraph (a)(4)(i) of this section.
(H) Regulated species or ocean pout catch by the NE multispecies commercial and recreational
fisheries. Unless otherwise specified in the ACL recommendations developed pursuant to
paragraph (a)(4)(i) of this section, after all of the deductions and considerations specified
in paragraphs (a)(4)(iii)(A) through (G) and (a)(4)(iii)(H)(1) 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 paragraph (a)(4)(iii)(H)(2) of this section.
(1) Recreational allocation. Unless otherwise specified in paragraph (a)(5) of this section,
recreational catches shall be compared to the ACLs allocated pursuant to this
paragraph (a)(4)(iii)(H)(1) for the purposes of determining whether adjustments to
recreational measures are necessary, pursuant to the recreational fishery AMs
specified in § 648.89(f).
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(i)

50 CFR 648.90(a)(4)(iii)(H)(1)(i)

Stocks allocated. Unless otherwise specified in this paragraph (a)(4)(iii)(H)(1),
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.

(ii) Process for determining if a recreational allocation is necessary. A recreational
allocation may not be made if it is determined that, based upon available
information, the ACLs for these stocks are not being fully harvested by the NE
multispecies fishery, or if the recreational harvest, after accounting for state
waters catch pursuant to paragraph (a)(4)(iii)(A) of this section, is less than 5
percent of the overall catch for a particular stock of regulated species or ocean
pout.
(2) Commercial allocation. Unless otherwise specified in this paragraph (a)(4)(iii)(H)(2),
the ABC/ACL for regulated species or ocean pout stocks available to the commercial
NE multispecies fishery, after consideration of the recreational allocation pursuant to
paragraph (a)(4)(iii)(H)(1) of this section, shall be divided between vessels operating
under approved sector operations plans, as described at § 648.87(c), and vessels
operating under the provisions of the common pool, as defined in this part, based
upon the cumulative PSCs of vessels participating in sectors calculated pursuant to
§ 648.87(b)(1)(i)(E). The ABC/ACL of each regulated species or ocean pout stocks
not allocated to sectors pursuant to § 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)(H)(2) for the purposes of
determining whether adjustments to common pool measures are necessary,
pursuant to the common pool AMs specified in § 648.82(n), or whether sector ACE
overages must be deducted, pursuant to § 648.87(b)(1)(iii).
(3) Revisions to commercial and recreational allocations. Distribution of the ACL for each
stock available to the NE multispecies fishery between and among commercial and
recreational components of the fishery may be implemented through a framework
adjustment pursuant to this section. Any changes to the distribution of ACLs to the
NE multispecies fishery shall not affect the implementation of AMs based upon the
distribution in effect at the time of the overage that triggered the AM.
(iv) ACL monitoring —
(A) Landings. For the purposes of monitoring the catch of regulated species or ocean pout
towards the harvest of ACLs and other, non-specified sub-components of the ACLs
specified in paragraph (a)(4) of this section, the reporting requirements specified in this
part, including dealer reports, VTRs, VMS catch reports, sector catch reports, and other
available information shall be used to identify and apportion regulated species or ocean
pout landings by stock area.

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50 CFR 648.90(a)(4)(iv)(B)

(B) Discards. Unless otherwise specified in this paragraph (a)(4)(iv)(B), regulated species or
ocean pout discards shall be monitored through the use of VTRs, observer data, VMS
catch reports, and other available information, as specified in this part. Regulated species
or ocean pout discards by vessels on a sector trip shall be monitored pursuant to §
648.87(b)(1)(v)(A).
(v) Adjustments to ACLs. The Council may elect to revise the ACL for any regulated species or
ocean pout stock in the second fishing year following a biennial review to account for any
overages of an ACL in year one that may result in overfishing for a particular stock. Any
adjustments to the ACLs in year two will be implemented pursuant to the process to specify
ABCs and ACLs, as described in paragraph (a)(4) of this section.
(5) AMs. Except as specified in paragraphs (a)(4)(iii)(A) through (G) of this section, if any of the ACLs
specified in paragraph (a)(4) of this section are exceeded based upon available catch information,
the AMs specified in paragraphs (a)(5)(i) and (ii) of this section shall take effect in the following
fishing year, or as soon as practicable, thereafter, once catch data for all affected fisheries are
available, as applicable.
(i)

AMs for the NE multispecies commercial and recreational fisheries. If the catch of regulated
species or ocean pout by a sub-component of the NE multispecies fishery (i.e., common pool
vessels, sector vessels, or private recreational and charter/party vessels) exceeds the amount
allocated to each sub-component, as specified in paragraph (a)(4)(iii)(H) of this section, then
the applicable AM for that sub-component of the fishery shall take effect, pursuant to
paragraphs (a)(5)(i)(A) through (C) of this section. In determining the applicability of AMs
specified for a sub-component of the NE multispecies fishery in paragraphs (a)(5)(i)(A) through
(C) of this section, the Regional Administrator shall consider available information regarding
the catch of regulated species and ocean pout by each sub-component of the NE multispecies
fishery, plus each sub-component's share of any overage of the overall ACL for a particular
stock caused by excessive catch by vessels outside of the FMP, exempted fisheries, or the
Atlantic sea scallop fishery, as specified in this paragraph (a)(5), as appropriate.
(A) Excessive catch by common pool vessels. If the catch of regulated species and ocean pout
by common pool vessels exceeds the amount of the ACL specified for common pool
vessels pursuant to paragraph (a)(4)(iii)(H)(2) of this section, then the AMs described in §
648.82(n) shall take effect. Pursuant to the distribution of ABCs/ACLs specified in
paragraph (a)(4)(iii)(H)(2) of this section, for the purposes of this paragraph (a)(5)(i)(A),
the catch of each regulated species or ocean pout stock not allocated to sectors pursuant
to § 648.87(b)(1)(i)(E) (i.e., Atlantic halibut, ocean pout, windowpane flounder, and Atlantic
wolffish) during fishing years 2010 and 2011 shall be added to the catch of such stocks by
common pool vessels to determine whether the differential DAS counting AM described in
§ 648.82(n)(1) shall take effect. If such catch does not exceed the portion of the ACL
specified for common pool vessels pursuant to paragraph (a)(4)(iii)(H)(2) of this section,
then no AMs shall take effect for common pool vessels.
(B) Excessive catch by sector vessels. If the catch of regulated species and ocean pout by
sector vessels exceeds the amount of the ACL specified for sector vessels pursuant to
paragraph (a)(4)(iii)(H)(2) of this section, then the AMs described in § 648.87(b)(1)(iii)
shall take effect. For the purposes of this paragraph (a)(5)(i)(B), the catch of regulated
species and ocean pout for each sector approved pursuant to § 648.87 shall be based

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50 CFR 648.90(a)(5)(i)(C)

upon the catch of vessels participating in each approved sector. If such catch does not
exceed the portion of the ACL specified for an individual sector pursuant to paragraph
(a)(4)(iii)(H)(2) of this section, then no AMs shall take effect for that sector.
(C) Excessive catch by the NE multispecies recreational fishery. If the catch of regulated
species and ocean pout by private recreational and charter/party vessels exceeds the
amount of the ACL specified for the recreational fishery pursuant to paragraph
(a)(4)(iii)(H)(1) of this section, then the AMs described in § 648.89(f) shall take effect. If
such catch does not exceed the portion of the ACL specified for the recreational fishery
pursuant to paragraph (a)(4)(iii)(H)(1) of this section, then no AMs shall take effect for the
recreational fishery.
(D) AMs for both stocks of windowpane flounder, ocean pout, Atlantic halibut, and Atlantic
wolffish. At the end of each fishing year, NMFS shall determine if the overall ACL for
northern windowpane flounder, southern windowpane flounder, ocean pout, Atlantic
halibut, or Atlantic wolffish was exceeded. If the overall ACL for any of these stocks is
exceeded, NMFS shall implement the appropriate AM, as specified in paragraphs
(a)(5)(i)(D) through (H) of this section, in a subsequent fishing year, consistent with the
APA. If reliable information is available, the AM shall be implemented in the fishing year
immediately following the fishing year in which the overage occurred. Otherwise, the AM
shall be implemented in the second fishing year after the fishing year in which the overage
occurred. For example, if NMFS determined before the start of fishing year 2013 that the
overall ACL for northern windowpane flounder was exceeded by the groundfish fishery in
fishing year 2012, the applicable AM would be implemented for fishing year 2013. If NMFS
determined after the start of fishing year 2013 that the overall ACL for northern
windowpane flounder was exceeded in fishing year 2012, the applicable AM would be
implemented for fishing year 2014. If updated catch information becomes available
subsequent to the implementation of an AM that indicates that an ACL was not exceeded,
the AM will be rescinded, consistent with the Administrative Procedure Act.
(E) Windowpane flounder. Unless otherwise specified in paragraphs (a)(5)(i)(E)(5) and (6) of
this section, if NMFS determines the total catch exceeds the overall ACL for either stock
of windowpane flounder, as described in this paragraph (a)(5)(i)(E), by any amount greater
than the management uncertainty buffer, up to 20 percent greater than the overall ACL, the
applicable small AM area for the stock shall be implemented, as specified in paragraph
(a)(5)(i)(E) of this section, consistent with the Administrative Procedure Act. If the overall
ACL is exceeded by more than 20 percent, the applicable large AM area(s) for the stock
shall be implemented, as specified in this paragraph (a)(5)(i)(E), consistent with the
Administrative Procedure Act. Vessels fishing with trawl gear in these areas may only use
a haddock separator trawl, as specified in § 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified
in § 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in § 648.84(e); or any other
gear approved consistent with the process defined in § 648.85(b)(6).
(1) Multispecies Fishery. If an overage of the overall ACL for southern windowpane
flounder is a result of an overage of the sub-ACL allocated to the multispecies fishery
pursuant to paragraph (a)(4)(iii)(H)(2) of this section, the applicable AM area(s) shall
be in effect year-round for any limited access NE multispecies permitted vessel
fishing on a NE multispecies DAS or sector trip.

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50 CFR 648.90(a)(5)(i)(E)(2)

(2) Exempted Fisheries. If an overage of the overall ACL for southern windowpane
flounder is a result of an overage of the sub-ACL allocated to exempted fisheries
pursuant to paragraph (a)(4)(iii)(F) of this section, the applicable AM area(s) shall be
in effect for any trawl vessel fishing with a codend mesh size of greater than or equal
to 5 inches (12.7 cm) in other, non-specified sub-components of the fishery,
including, but not limited to, exempted fisheries that occur in Federal waters and
fisheries harvesting exempted species specified in § 648.80(b)(3). If triggered, the
Southern Windowpane Flounder Small AM Area will be implemented from September
1 through April 30; the Southern Windowpane Flounder Large AM Areas 2 and 3 will
be implemented year-round.
(3) Combined Overage. If an overage of the overall ACL for southern windowpane
flounder is a result of overages of both the multispecies fishery and exempted fishery
sub-ACLs, the applicable AM area(s) shall be in effect for both the multispecies
fishery and exempted fisheries as described in this paragraph (a)(5)(i)(E). If a subACL for either stock of windowpane flounder is allocated to another fishery,
consistent with the process specified at paragraph (a)(4) of this section, and there
are AMs for that fishery, the multispecies fishery AM shall only be implemented if the
sub-ACL allocated to the multispecies fishery is exceeded (i.e., the sector and
common pool catch for a particular stock, including the common pool's share of any
overage of the overall ACL caused by excessive catch by other sub-components of
the fishery pursuant to paragraph (a)(5) of this section exceeds the common pool
sub-ACL) and the overall ACL is also exceeded.
(4) Windowpane AM Areas. The AM areas defined below are bounded by the following
coordinates, connected in the order listed by rhumb lines, unless otherwise noted.

Point

N latitude

W longitude

NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREA
1

41°10′

67°40′

2

41°10′

67°20′

3

41°00′

67°20′

4

41°00′

67°00′

5

40°50′

67°00′

6

40°50′

67°40′

1

41°10′

67°40′

1

The southernmost coastline of Long Island, NY, at 73°30′ W longitude.

2

The easternmost coastline of NJ at 40°20′ N latitude, then northward along the NJ coastline to Point
6.
3

The northernmost coastline of NJ at 73°58.5′ W longitude.

4

The southernmost coastline of Long Island, NY, at 73°58.5′ W longitude.

5

The approximate location of the southwest corner of the Rockaway Peninsula, Queens, NY, then
eastward along the southernmost coastline of Long Island, NY (excluding South Oyster Bay), back to
Point 1.

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Point

N latitude

50 CFR 648.90(a)(5)(i)(E)(4)

W longitude

NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREA
1

42°10′

67°40′

2

42°10′

67°20′

3

41°00′

67°20′

4

41°00′

67°00′

5

40°50′

67°00′

6

40°50′

67°40′

1

42°10′

67°40′

SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREA
1

41°10′

71°30′

2

41°10′

71°20′

3

40°50′

71°20′

4

40°50′

71°30′

1

41°10′

71°30′

SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREA 1
1

41°10′

71°50′

2

41°10′

71°10′

3

41°00′

71°10′

4

41°00′

71°20′

5

40°50′

71°20′

6

40°50′

71°50′

1

41°10′

71°50′

SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREA 2
1

( 1)

73°30′

2

40°30′

73°30′

3

40°30′

73°50′

4

40°20′

73°50′

5

40°20′

( 2)

6

( 3)

73°58.5′

7

( 4)
5

8
1

40°32.6′

73°58.5′
5

73°56.4′

The southernmost coastline of Long Island, NY, at 73°30′ W longitude.

2

The easternmost coastline of NJ at 40°20′ N latitude, then northward along the NJ coastline to Point
6.
3

The northernmost coastline of NJ at 73°58.5′ W longitude.

4

The southernmost coastline of Long Island, NY, at 73°58.5′ W longitude.

5

The approximate location of the southwest corner of the Rockaway Peninsula, Queens, NY, then
eastward along the southernmost coastline of Long Island, NY (excluding South Oyster Bay), back to
Point 1.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point

N latitude

50 CFR 648.90(a)(5)(i)(E)(5)

W longitude
1

1

( )

73°30′

SOUTHERN WINDOWPANE FLOUNDER LARGE AM AREA 3
1

41°10′

71°30′

2

41°10′

71°10′

3

41°00′

71°10′

4

41°00′

71°20′

5

40°50′

71°20′

6

40°50′

71°30′

1

41°10′

71°30′

1

The southernmost coastline of Long Island, NY, at 73°30′ W longitude.

2

The easternmost coastline of NJ at 40°20′ N latitude, then northward along the NJ coastline to Point
6.
3

The northernmost coastline of NJ at 73°58.5′ W longitude.

4

The southernmost coastline of Long Island, NY, at 73°58.5′ W longitude.

5

The approximate location of the southwest corner of the Rockaway Peninsula, Queens, NY, then
eastward along the southernmost coastline of Long Island, NY (excluding South Oyster Bay), back to
Point 1.

(5) Reducing the size of an AM. If the overall northern or southern windowpane flounder
ACL is exceeded by more than 20 percent and NMFS determines that the stock is
rebuilt, and the biomass criterion, as defined by the Council, is greater than the most
recent fishing year's catch, then only the small AM may be implemented as described
in this paragraph (a)(5)(i)(E), consistent with the Administrative Procedure Act. This
provision applies to a limited access NE multispecies permitted vessel fishing on a
NE multispecies DAS or sector trip, and to all vessels fishing with trawl gear with a
codend mesh size equal to or greater than 5 inches (12.7 cm) in other, non-specified
sub-components of the fishery, including, but not limited to, exempted fisheries that
occur in Federal waters and fisheries harvesting exempted species specified in §
648.80(b)(3).
(6) Reducing the duration of an AM. If the northern or southern windowpane flounder AM
is implemented in the third fishing year following the year of an overage, as described
in paragraph (a)(5)(i)(D) of this section, and NMFS subsequently determines that the
applicable windowpane flounder ACL was not exceeded by any amount the year
immediately after which the overage occurred (i.e., the second year), on or after
September 1 the AM can be removed once year-end data are complete. This reduced
duration does not apply if NMFS determines during year 3 that a year 3 overage of
the applicable windowpane flounder ACL has occurred. This provision applies to a
limited access NE multispecies permitted vessel fishing on a NE multispecies DAS or
sector trip, and to all vessels fishing with trawl gear with a codend mesh size equal to

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50 CFR 648.90(a)(5)(i)(F)

or greater than 5 inches (12.7 cm) in other, non-specified sub-components of the
fishery, including, but not limited to, exempted fisheries that occur in Federal waters
and fisheries harvesting exempted species specified in § 648.80(b)(3).
(F) Atlantic halibut. If NMFS determines, as described in paragraph (a)(5)(i)(D) of this section,
that the overall ACL for Atlantic halibut is exceeded by catch from U.S. Federal and state
fisheries by any amount greater than the management uncertainty buffer and, after
accounting for the amount of landings of Atlantic halibut from Canadian fisheries, as
appropriate, that the total ABC for Atlantic halibut has also been exceeded, the applicable
AM shall be implemented as described in paragraph (a)(5)(i)(F)(1) of this section. If a subACL for Atlantic halibut is allocated to another fishery, consistent with the process
specified at § 648.90(a)(4), and there are AMs for that fishery, the multispecies fishery AM
shall only be implemented if the sub-ACL allocated to the multispecies fishery is exceeded
(i.e., the sector and common pool catch for a particular stock, including the common
pool's share of any overage of the overall ACL caused by excessive catch by other subcomponents of the fishery pursuant to § 648.90(a)(5), exceeds the common pool subACL) and the overall ACL is also exceeded.
(1) Description of AM. When the AM is implemented, any vessel issued a Federal permit
for any fishery management plan may not fish for, possess, or land Atlantic halibut
for the fishing year in which the AM is implemented, as specified in paragraph
(a)(5)(i)(F) of this section, unless otherwise specified in paragraph (a)(5)(i)(F)(2) of
this section. Additionally, the applicable AM areas, as defined in paragraph
(a)(5)(i)(F)(4) of this section, shall be implemented as follows: Any vessel issued a
limited access NE multispecies permit and fishing with trawl gear in the Atlantic
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as specified in
§ 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope
separator trawl, as specified in § 648.84(e); or any other gear approved consistent
with the process defined in § 648.85(b)(6), except that selective trawl gear is not
required in the portion of the Trawl Gear AM Area between 41 degrees 40 minutes
and 42 degrees from April 1 through July 31. When in effect, a limited access NE
multispecies permitted vessel with gillnet gear may not fish or be in the Atlantic
Halibut Fixed Gear AM Area from March 1 through October 31, unless transiting with
its gear stowed and not available for immediate use as defined in § 648.2, or such
gear was approved consistent with the process defined in § 648.85(b)(6).
(2) Vessels exempt from the no possession AM. Vessels issued only a charter/party
permit, and/or an Atlantic highly migratory species angling permit, and/or an Atlantic
highly migratory species charter/headboat permit are exempt from the no
possession AM. This exemption does not apply to any vessel that is issued any other
permit that is subject to the AM. For example, a vessel issued a Northeast
multispecies charter/party permit and a bluefish charter/party permit would be
exempt from the no possession AM, but a vessel issued a Northeast multispecies
charter/party permit and a commercial bluefish permit would not be exempt from the
no possession AM.
(3) Review of the AM. If the overall ACL is exceeded by more than 20 percent, the Council
shall revisit the AM in a future action.

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50 CFR 648.90(a)(5)(i)(F)(4)

(4) Atlantic halibut AM area. The AM areas defined below are bounded by the following
coordinates, connected in the order listed by rhumb lines, unless otherwise noted.

TABLE 1 TO PARAGRAPH (a)(5)(i)(F)(4)
Atlantic halibut trawl gear AM area
Points

N latitude

W longitude

1

42°00′

69°20′

2

42°00′

68°20′

3

41°30′

68°20′

4

41°30′

69°20′

TABLE 2 TO PARAGRAPH (a)(5)(i)(F)(4)
Atlantic halibut gillnet gear AM area
Points

N latitude

W longitude

1

43°10′

69°40′

2

43°10′

69°30′

3

43°00′

69°30′

4

43°00′

69°40′

(G) Atlantic wolffish. If NMFS determines the overall ACL for Atlantic wolffish is exceeded, as
described in this paragraph (a)(5)(i)(G), by any amount greater than the management
uncertainty buffer, the applicable AM areas shall be implemented, as specified in this
paragraph (a)(5)(i)(G). If the overall ACL is exceeded by more than 20 percent, the
applicable AM area(s) for the stock shall be implemented, as specified in this paragraph
(a)(5)(i)(G), and the Council shall revisit the AM in a future action. The AM areas defined
below are bounded by the following coordinates, connected in the order listed by rhumb
lines, unless otherwise noted. Any vessel issued a limited access NE multispecies permit
and fishing with trawl gear in the Atlantic Wolffish Trawl Gear AM Area may only use a
haddock separator trawl, as specified in § 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in
§ 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in § 648.84(e); or any other
gear approved consistent with the process defined in § 648.85(b)(6). When in effect, a
limited access NE multispecies permitted vessel with gillnet or longline gear may not fish
or be in the Atlantic Wolffish Fixed Gear AM Areas, unless transiting with its gear stowed
and not available for immediate use as defined in § 648.2, or such gear was approved
consistent with the process defined in § 648.85(b)(6). If a sub-ACL for Atlantic wolffish is
allocated to another fishery, consistent with the process specified at § 648.90(a)(4), and
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50 CFR 648.90(a)(5)(i)(G)

AMs are developed for that fishery, the multispecies fishery AM shall only be implemented
if the sub-ACL allocated to the multispecies fishery is exceeded (i.e., the sector and
common pool catch for a particular stock, including the common pool's share of any
overage of the overall ACL caused by excessive catch by other sub-components of the
fishery pursuant to § 648.90(a)(5), exceeds the common pool sub-ACL) and the overall
ACL is also exceeded.

ATLANTIC WOLFFISH TRAWL GEAR AM AREA
Point

N latitude

W longitude

1

42°30′

70°30′

2

42°30′

70°15′

3

42°15′

70°15′

4

42°15′

70°10′

5

42°10′

70°10′

6

42°10′

70°20′

7

42°20′

70°20′

8

42°20′

70°30′

ATLANTIC WOLFFISH FIXED GEAR AM AREA 1
Point

N latitude

W longitude

1

41°40′

69°40′

2

41°40′

69°30′

3

41°30′

69°30′

4

41°30′

69°40′

ATLANTIC WOLFFISH FIXED GEAR AM AREA 2
Point

N latitude

W longitude

1

42°30′

70°20′

2

42°30′

70°15′

3

42°20′

70°15′

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

Point
4

N latitude

50 CFR 648.90(a)(5)(i)(H)

W longitude
42°20′

70°20′

(H) Ocean pout. Unless otherwise specified in paragraphs (a)(5)(i)(E)(5) and (6) of this section,
if NMFS determines the total catch exceeds the overall ACL for ocean pout, as described
in paragraph (a)(5)(i)(E) of this section, by any amount greater than the management
uncertainty buffer up to 20 percent greater than the overall ACL, the applicable small AM
area for the stock shall be implemented, as specified in paragraph (a)(5)(i)(E) of this
section, consistent with the Administrative Procedure Act. If the overall ACL is exceeded
by more than 20 percent, large AM area(s) for the stock shall be implemented, as specified
in paragraph (a)(5)(i)(E) of this section, consistent with the Administrative Procedure Act.
The AM areas for ocean pout are defined in paragraph (a)(5)(i)(E)(4) of this section,
connected in the order listed by rhumb lines, unless otherwise noted. Vessels fishing with
trawl gear in these areas may only use a haddock separator trawl, as specified in §
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope separator
trawl, as specified in § 648.84(e); or any other gear approved consistent with the process
defined in § 648.85(b)(6).
(ii) AMs due to excessive catch of regulated species or ocean pout by state and other, non-specified
fisheries. At the end of the NE multispecies fishing year, NMFS will evaluate whether the catch
of any stock of regulated species or ocean pout by vessels operating only in state waters or in
other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section,
exceeds the sub-component of the ACL for that stock.
(A) AMs if the overall ACL for a regulated species or ocean pout stock is exceeded. If the catch
of any stock of regulated species or ocean pout by vessels operating only in state waters
or in other, non-specified fisheries exceeds the sub-component of the ACL for that stock,
and the overall ACL for that stock is exceeded, then the amount of the overage of the
overall ACL for that stock attributed to catch from vessels operating only in state waters
or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this
section, shall be distributed among components of the NE multispecies fishery based
upon each component's share of that stock's ACL available to the NE multispecies fishery
pursuant to paragraph (a)(4)(iii)(H) of this section. Each component's share of the ACL
overage for a particular stock would be then added to the catch of that stock by each
component of the NE multispecies fishery. If the resulting sum of catch of that stock for
each component of the fishery exceeds that individual component's share of that stock's
ACL specified pursuant to paragraph (a)(4)(iii)(H) of this section, then the AMs specified in
paragraphs (a)(5)(i)(A) through (C) of this section shall take effect, as applicable, unless
otherwise specified in paragraph (a)(5)(ii)(C) of this section.
(B) AMs if the overall ACL for a regulated species or ocean pout stock is not exceeded. If the
catch of any stock of regulated species or ocean pout by vessels operating only in state
waters or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of
this section, exceeds the sub-component of the ACL for that stock, but the overall ACL for

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that stock is not exceeded, even after consideration of the catch of that stock by other
sub-components of the fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not
take effect.
(C) AMs for GB cod due to excessive catch by non-allocated fisheries. For any overages of the
GB cod ACL in the 2022-2024 fishing years, the amount of overage of the overall ACL for
GB cod attributed to catch from vessels operating only in state waters or in other, nonspecified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section, would be
reduced by any underage of the GB cod ACL in the fishing year following the overage, in
order to determine the total amount that must be added to the catch by components of
the NE multispecies fishery, as specified in paragraph (a)(5)(i)(A) of this section. If the full
ACL of GB cod is caught or exceeded in the fishing year following an overage, no reduction
to this amount would be made. For example, if in 2023 NMFS determines that 100 mt of
GB cod catch by vessels operating only in state waters or in other, non-specified fisheries
in fishing year 2022 has contributed to an ACL overage, NMFS would implement the AMs
specified in paragraph (a)(5)(ii)(A) of this section at the beginning of fishing year 2024. If
2023 fishing year-end data showed that total catch of GB cod in fishing year 2023 was 25
mt below the 2023 ACL, NMFS would reduce the 100-mt overage amount by that 25-mt
amount (down to 75 mt) in an in-season adjustment to the 2024 sub-ACLs, as specified in
paragraph (a)(5)(i)(A) of this section.
(iii) AMs if the incidental catch cap for the Atlantic herring fishery is exceeded. At the end of the NE
multispecies fishing year, NMFS shall evaluate Atlantic herring fishery catch using VTR, VMS,
IVR, observer data, and any other available information to determine whether a haddock
incidental catch cap has been exceeded based upon the cumulative catch of vessels issued an
Atlantic herring permit and fishing with midwater trawl gear in Management Areas 1A, 1B, and/
or 3. If the catch of haddock by all vessels issued an Atlantic herring permit and fishing with
midwater trawl gear in Management Areas 1A, 1B, and/or 3, exceeds the amount of the
incidental catch cap specified in § 648.90(a)(4)(iii)(D) of this section, then the appropriate
incidental catch cap shall be reduced by the overage on a pound-for-pound basis during the
following fishing year. Any overage reductions shall be announced by the Regional
Administrator in the FEDERAL REGISTER, accordance with the Administrative Procedure Act, prior
to the start of the next NE multispecies fishing year after which the overage occurred, if
possible, or as soon as possible thereafter if the overage is not determined until after the end of
the NE multispecies fishing year in which the overage occurred.
(iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is exceeded. At the end of the scallop
fishing year, NMFS will evaluate whether Atlantic sea scallop fishery catch exceeded the subACLs for any groundfish stocks allocated to the scallop fishery. On January 15, or when
information is available to make an accurate projection, NMFS will also determine whether total
catch exceeded the overall ACL for each stock allocated to the scallop fishery. When evaluating
whether total catch exceeded the overall ACL, NMFS will add the maximum carryover available
to sectors, as specified at § 648.87(b)(1)(i)(C), to the estimate of total catch for the pertinent
stock.
(A) Threshold for implementing the Atlantic sea scallop fishery AMs. If scallop fishery catch
exceeds the scallop fishery sub-ACLs for any groundfish stocks in paragraph (a)(4) of this
section by 50 percent or more, or if scallop fishery catch exceeds the scallop fishery sub-

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ACL by any amount and total catch exceeds the overall ACL for a given stock, then the
applicable scallop fishery AM will take effect, as specified in § 648.64 of the Atlantic sea
scallop regulations.
(B) 2024 and 2025 fishing year threshold for implementing the Atlantic sea scallop fishery AM
for GB yellowtail flounder. For the 2024 and 2025 fishing years, if scallop fishery catch
exceeds the GB yellowtail flounder sub-ACL 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 § 648.64 of the Atlantic sea scallop regulations. For the
2026 fishing year and onward, the threshold for implementing scallop fishery AMs for GB
yellowtail flounder will return to that listed in paragraph (a)(5)(iv)(A) of this section.
(v) AM if the small-mesh fisheries GB yellowtail flounder sub-ACL is exceeded. If NMFS determines
that the sub-ACL of GB yellowtail flounder allocated to the small-mesh fisheries, pursuant to
paragraph (a)(4)(iii)(G) of this section, is exceeded, NMFS shall implement the AM specified in
this paragraph consistent with the Administrative Procedures Act. The AM requires that smallmesh fisheries vessels, as defined in paragraph (a)(4)(iii)(G)(1) of this section, use one of the
following approved selective trawl gear in the GB yellowtail flounder stock area, as defined at §
648.85(b)(6)(v)(H): A haddock separator trawl, as specified in § 648.85(a)(3)(iii)(A); a Ruhle
trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in § 648.84(e);
a large-mesh belly panel trawl, as specified in § 648.84(f); or any other gear approved
consistent with the process defined in § 648.85(b)(6). If reliable information is available, the
AM shall be implemented in the fishing year immediately following the year in which the
overage occurred only if there is sufficient time to do so in a manner consistent with the
Administrative Procedure Act. Otherwise, the AM shall be implemented in the second fishing
year after the fishing year in which the overage occurred. For example, if NMFS determined
after the start of Year 2 that the small-mesh fisheries sub-ACL for GB yellowtail flounder was
exceeded in Year 1, the applicable AM would be implemented at the start of Year 3. If updated
catch information becomes available subsequent to the implementation of an AM that
indicates that an overage of the small-mesh fisheries sub-ACL did not occur, NMFS shall
rescind the AM, consistent with the Administrative Procedure Act.
(6) Specifications process —
(i)

PDT recommendations. Unless otherwise developed pursuant to the biennial review process
specified in paragraph (a)(2) of this section, the PDT shall develop recommendations for
setting ACLs for each regulated species or ocean pout, including ACLs for stocks managed by
the Understanding; revising rebuilding programs and associated management measures; or
modifying AMs for consideration by the Council's Groundfish Oversight Committee based upon
the SAFE report prepared pursuant to paragraph (a)(1) of this section. If the Council
determines, based on information provided by the PDT or other stock-related information, that
the ACLs should be adjusted between biennial reviews, it can do so through the same process
outlined in this section during the interim year.

(ii) Guidelines. As the basis for its recommendations under paragraph (a)(5)(i) of this section, the
PDT shall review available data pertaining to: Commercial and recreational catch data; current
estimates of fishing mortality; discards; stock status; recent estimates of recruitment; virtual
population analysis results and other estimates of stock size; sea sampling and trawl survey
data or, if sea sampling data are unavailable, length frequency information from trawl surveys;
impact of other fisheries on herring mortality; and any other relevant information.
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(iii) Groundfish Oversight Committee recommendations. Based on the PDT's recommendations and
any public comment received, the Groundfish Oversight Committee shall recommend to the
Council appropriate specifications a period of at least 1 year. The Council shall review these
recommendations and, after considering public comment, shall recommend appropriate
specifications to NMFS. NMFS shall review the recommendations and publish proposed
specifications in a manner consistent with the Administrative Procedure Act. If the proposed
specifications differ from those recommended by the Council, the reasons for any differences
shall be clearly stated.
(iv) Analysis. Any specifications package developed pursuant to this paragraph (a)(5) shall be
supported by the appropriate NEPA analysis, which shall be made available for public
comment.
(b) Small-mesh multispecies —
(1) Three-year specifications process, annual review, and specifications package. The Council shall
specify on at least a 3-year basis the OFL, ABC, ACLs, and TALs for each small-mesh multispecies
stock in accordance with the following process.
(i)

At least every 3 years, based on the annual review, described below in paragraph (b)(3) of this
section, and/or the specifications package, described in paragraph (b)(4) of this section,
recommendations for ABC from the SSC, and any other relevant information, the Whiting PDT
shall recommend to the Whiting Oversight Committee and Council specifications including the
OFL, ABC, ACL, and TAL for each small-mesh multispecies stock for a period of at least 3 years.
The Whiting PDT and the Council shall follow the process in paragraph (b)(2) of this section for
setting these specifications.

(ii) The Whiting PDT, after reviewing the available information on the status of the stock and the
fishery, may recommend to the Council any measures necessary to assure that the
specifications will not be exceeded; changes to the SBRM, including the CV-based performance
standard, the means by which discard data are collected/obtained, fishery stratification, the
process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers
or observer set aside programs; as well as changes to the appropriate specifications.
(iii) Taking into account the annual review and/or specifications package described in paragraphs
(b)(2) and (b)(4), respectively, of this section, the advice of the SSC, and any other relevant
information, the Whiting PDT may also recommend to the Whiting Oversight Committee and
Council changes to stock status determination criteria and associated thresholds based on the
best scientific information available, including information from peer-reviewed stock
assessments of small-mesh multispecies. These adjustments may be included in the Council's
specifications for the small-mesh multispecies fishery.
(iv) Council recommendation.
(A) The Council shall review the recommendations of the Whiting PDT, Whiting Oversight
Committee, and SSC, any public comment received thereon, and any other relevant
information, and make a recommendation to the Regional Administrator on appropriate
specifications and any measures necessary to assure that the specifications will not be
exceeded.

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(B) The Council's recommendation must include supporting documentation, as appropriate,
concerning the environmental, economic, and social impacts of the recommendations.
The Regional Administrator will consider the recommendations and publish a rule in the
FEDERAL REGISTER proposing specifications and associated measures, consistent with the
Administrative Procedure Act.
(C) The Regional Administrator may propose specifications different than those
recommended by the Council. If the specifications published in the FEDERAL REGISTER differ
from those recommended by the Council, the reasons for any differences must be clearly
stated and the revised specifications must satisfy the criteria set forth in this section, the
FMP, and other applicable laws.
(D) If the final specifications are not published in the FEDERAL REGISTER for the start of the
fishing year, the previous year's specifications will remain in effect until superseded by the
final rule implementing the current year's specifications, to ensure that there is no lapse in
regulations while new specifications are completed.
(2) Process for specifying ABCs, ACLs, and TALs. The Whiting PDT shall calculate the OFL and ABC
values for each small-mesh multispecies stock based on the control rules established in the FMP.
These calculations shall be reviewed by the SSC and guided by terms of reference developed by the
Council. The ACLs and TALs shall be calculated based on the SSC's approved ABCs, as specified in
paragraphs (a)(2)(i)(A) through (C) and (a)(2)(ii)(A) through (C) of this section.
(i)

Red hake —
(A) ABCs.
(1) The Council's SSC will recommend an ABC to the Council for both the northern and
southern stocks of red hake. The red hake ABCs are reduced from the OFLs based on
an adjustment for scientific uncertainty as specified in the FMP; the ABCs must be
less than or equal to the OFL.
(2) While the southern red hake stock is under a rebuilding plan, the ABC for that stock
shall be set to 75-percent of the OFL for the duration of the rebuilding period or until
the stock reaches its biomass target, whichever occurs first.
(B) ACLs. The red hake ACLs are equal to 95 percent of the corresponding ABCs.
(C) TALs.
(1) The red hake TALs are equal to the northern red hake and southern red hake ACLs
minus a discard estimate based on the most recent 3 years of data and then reduced
by 3 percent to account for silver hake and offshore hake landings that occur in state
waters.
(2) If more than two-thirds of the southern red hake TAL is harvested in a single year, the
Regional Administrator shall consult with the Council and will consider implementing
quarterly TALs in the following fishing year, as prescribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.

(ii) Silver and Offshore Hake —

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50 CFR 648.90(b)(2)(ii)(A)

(A) ABCs. The Council's SSC will recommend an ABC to the Council for both the northern and
southern stocks of silver hake. The ABC for the southern stock of silver hake will be
increased by 4 percent to account for catch of offshore hake. The combined silver hake
and offshore hake ABC in the southern area will be the southern whiting ABC. The silver
hake and whiting ABCs are reduced from the OFLs based on an adjustment for scientific
uncertainty as specified in the FMP; the ABCs must be less than or equal to the OFLs.
(B) ACLs. The northern silver hake and southern whiting ACLs are equal to 95 percent of the
ABCs.
(C) TALs.
(1) The northern silver hake and southern whiting TALs are equal to the northern silver
hake and southern whiting ACLs minus a discard estimate based on the most recent
3 years of data and then reduced by 3 percent to account for silver hake and offshore
hake landings that occur in state waters.
(2) If more than two-thirds of the southern whiting TAL is harvested in a single year, the
Regional Administrator shall consult with the Council and will consider implementing
quarterly TALs in the following fishing year, as proscribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
(3) Annual Review.
(i)

Using a report provided by NMFS that includes trends in the fishery, changes in stock biomass,
and total catch data, the Whiting PDT shall meet at least once annually to review the status of
the stock and the fishery and the adequacy of the 3-year specifications. Based on such review,
the PDT shall provide a report to the Council on any changes or new information about the
small-mesh multispecies stocks and/or fishery, and it shall recommend whether the
specifications for the upcoming year(s), established pursuant to paragraph (b)(1) of this
section, need to be modified. At a minimum, this review should include a review of at least the
following data, if available: Commercial catch data; discards; stock status (exploitation rate and
survey biomass); sea sampling, port sampling, and survey data or, if sea sampling data are
unavailable, length frequency information from port sampling and/or surveys; impact of other
fisheries on the mortality of small-mesh multispecies; and any other relevant information.

(ii) If new and/or additional information becomes available, the Whiting PDT shall consider it
during this annual review. Based on this review, the Whiting PDT shall provide guidance to the
Whiting Oversight Committee and the Council regarding the need to adjust measures for the
small-mesh multispecies fishery to better achieve the FMP's objectives. After considering this
guidance, the Council may submit to NMFS its recommendations for changes to management
measures, as appropriate, through the specifications process described in this section, the
process specified in paragraph (c) of this section, or through an amendment to the FMP.
(4) Specifications package.
(i)

The Whiting PDT shall prepare a specification package, including a SAFE Report, at least every 3
years. Based on the specification package, the Whiting PDT shall develop and present to the
Council recommended specifications as defined in paragraph (a) of this section for up to 3
fishing years. The specifications package shall be the primary vehicle for the presentation of all
updated biological and socio-economic information regarding the small-mesh multispecies
fishery. The specifications package shall provide source data for any adjustments to the

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management measures that may be needed to continue to meet the goals and objectives of the
FMP. The specifications package may include modifications to the OFL, ABC, ACL, TAL,
possession limits, and in-season possession limit triggers.
(ii) In any year in which a specifications package, including a SAFE Report, is not completed by the
Whiting PDT, the annual review process described in paragraph (a) of this section shall be used
to recommend any necessary adjustments to specifications and/or management measures in
the FMP.
(5) Accountability measures for the small-mesh multispecies fishery—
(i)

In-season adjustment of possession limits. In-season adjustment accountability measures for
the small-mesh multispecies fishery are specified in accordance with the procedures in §
648.86(d)(4).

(ii) Post-season adjustment for an overage. If NMFS determines that a small-mesh multispecies
ACL was exceeded in a given fishing year, the in-season accountability measure adjustment
trigger, as specified in paragraph (b)(5)(iii) of this section, shall be reduced in a subsequent
fishing year by 1 percent for each 1 percent by which the ACL was exceeded through
notification consistent with the Administrative Procedure Act. For example, if the in-season
adjustment trigger is 90 percent, and an ACL is exceeded by 5 percent, the adjustment trigger
for the stock whose ACL was exceeded would be reduced to 85 percent for subsequent fishing
years.
(iii) Small-mesh multispecies in-season adjustment triggers. The small-mesh multispecies in-season
accountability measure adjustment triggers are as follows:

Species

In-season
adjustment
trigger
(percent)

Northern Red Hake

90

Northern Silver Hake

90

Southern Red Hake
Southern Silver Hake

40.4
90

(c) Within season management action for NE multispecies, including small-mesh NE multispecies. The Council
may, at any time, initiate action to add or adjust management measures if it finds that action is necessary
to meet or be consistent with the goals and objectives of the NE Multispecies FMP, to address gear
conflicts, or to facilitate the development of aquaculture projects in the EEZ. This procedure may also be
used to modify FMP overfishing definitions and fishing mortality targets that form the basis for selecting
specific management measures.
(1) Adjustment process.

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(i)

50 CFR 648.90(c)(1)(i)

After a management action has been initiated, the Council shall develop and analyze
appropriate management actions over the span of at least two Council meetings. The Council
shall provide the public with advance notice of the availability of both the proposals and the
analyses and opportunity to comment on them prior to and at the second Council meeting. The
Council's recommendation on adjustments or additions to management measures, other than
to address gear conflicts, must come from one or more of the following categories: DAS
changes; effort monitoring; data reporting; possession limits; gear restrictions; closed areas;
permitting restrictions; crew limits; minimum fish sizes; onboard observers; minimum hook size
and hook style; the use of crucifer in the hook-gear fishery; sector requirements; recreational
fishing measures; area closures and other appropriate measures to mitigate marine mammal
entanglements and interactions; description and identification of EFH; fishing gear
management measures to protect EFH; designation of habitat areas of particular concern
within EFH; changes to the SBRM, including the CV-based performance standard, the means by
which discard data are collected/obtained, fishery stratification, the process for prioritizing
observer sea-day allocations, reports, and/or industry-funded observers or observer set aside
programs; and any other management measures currently included in the FMP.

(ii) The Council's recommendation on adjustments or additions to management measures
pertaining to small-mesh NE multispecies, other than to address gear conflicts, must come
from one or more of the following categories: Quotas and appropriate seasonal adjustments
for vessels fishing in experimental or exempted fisheries that use small mesh in combination
with a separator trawl/grate (if applicable); modifications to separator grate (if applicable) and
mesh configurations for fishing for small-mesh NE multispecies; adjustments to whiting stock
boundaries for management purposes; adjustments for fisheries exempted from minimum
mesh requirements to fish for small-mesh NE multispecies (if applicable); season adjustments;
declarations; participation requirements for any of the Gulf of Maine/Georges Bank small-mesh
multispecies exemption areas; OFL and ABC values; ACL, TAL, or TAL allocations, including the
proportions used to allocate by season or area; small-mesh multispecies possession limits,
including in-season AM possession limits; changes to reporting requirements and methods to
monitor the fishery; and biological reference points, including selected reference time series,
survey strata used to calculate biomass, and the selected survey for status determination; and
changes to the SBRM, including the CV-based performance standard, the means by which
discard data are collected/obtained, fishery stratification, the process for prioritizing observer
sea-day allocations, reports, and/or industry-funded observers or observer set aside programs.
(iii) Adjustment process for whiting DAS. The Council may develop recommendations for a whiting
DAS effort reduction program through the framework process outlined in paragraph (c) of this
section only if these options are accompanied by a full set of public hearings that span the area
affected by the proposed measures in order to provide adequate opportunity for public
comment.
(2) Adjustment process for gear conflicts. The Council may develop a recommendation on measures to
address gear conflicts as defined under 50 CFR 600.10, in accordance with the procedures specified
in § 648.55 (d) and (e).
(3) Council recommendation. After developing management actions and receiving public testimony, the
Council shall make a recommendation to the Regional Administrator. The Council's recommendation
must include supporting rationale and, if management measures are recommended, an analysis of
impacts and a recommendation to the Regional Administrator on whether to issue the management
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measures as a final rule, consistent with the Administrative Procedure Act. If the Council
recommends that the management measures should be issued as a final rule, the Council must
consider at least the following factors and provide support and analysis for each factor considered:
(i)

Whether the availability of data on which the recommended management measures are based
allows for adequate time to publish a proposed rule, and whether regulations have to be in
place for an entire harvest/fishing season.

(ii) Whether there has been adequate notice and opportunity for participation by the public and
members of the affected industry in the development of the Council's recommended
management measures.
(iii) Whether there is an immediate need to protect the resource.
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(4) Regional Administrator action. If the Council's recommendation includes adjustments or additions to
management measures, after reviewing the Council's recommendation and supporting information:
(i)

If the Regional Administrator concurs with the Council's recommended management measures
and determines that the recommended management measures should be issued as a final rule,
based on the factors specified in paragraph (c)(3) of this section, the measures will be issued
as a final rule in the FEDERAL REGISTER, consistent with the Administrative Procedure Act.

(ii) If the Regional Administrator concurs with the Council's recommendation and determines that
the recommended management measures should be published first as a proposed rule, the
measures will be published as a proposed rule in the FEDERAL REGISTER. After additional public
comment, if the Regional Administrator concurs with the Council's recommendation, the
measures will be issued as a final rule in the FEDERAL REGISTER.
(iii) If the Regional Administrator does not concur, the Council will be notified in writing of the
reasons for the non-concurrence.
(d) Flexible Area Action System.
(1) The Chair of the Multispecies Oversight Committee, upon learning of the presence of discard
problems associated with large concentrations of juvenile, sublegal, or spawning multispecies, shall
determine if the situation warrants further investigation and possible action. In making this
determination, the Committee Chair shall consider the amount of discard of regulated species, the
species targeted, the number and types of vessels operating in the area, the location and size of the
area, and the resource condition of the impacted species. If he/she determines it is necessary, the
Committee Chair will request the Regional Administrator to initiate a fact finding investigation to
verify the situation and publish notification in the FEDERAL REGISTER requesting public comments in
accordance with the procedures therefore in Amendment 3 to the NE Multispecies FMP.
(2) After examining the facts, the Regional Administrator shall, within the deadlines specified in
Amendment 3, provide the technical analysis required by Amendment 3.
(3) The NEFMC shall prepare an economic impact analysis of the potential management options under
consideration within the deadlines specified in Amendment 3.

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50 CFR 648.90(d)(4)

(4) Copies of the analysis and reports prepared by the Regional Administrator and the NEFMC shall be
made available for public review at the NEFMC's office and the Committee shall hold a meeting/
public hearing, at which time it shall review the analysis and reports and request public comments.
Upon review of all available sources of information, the Committee shall determine what course of
action is warranted by the facts and make a recommendation, consistent with the provisions of
Amendment 3 to the Regional Administrator.
(5) By the deadline set in Amendment 3 the Regional Administrator shall either accept or reject the
Committee's recommendation. If the recommended action is consistent with the record established
by the fact-finding report, impact analysis, and comments received at the public hearing, he/she shall
accept the Committee's recommendation and implement it through notification in the FEDERAL
REGISTER and by notice sent to all vessel owners holding multispecies permits. The Regional
Administrator shall also use other appropriate media, including, but not limited to, mailings to the
news media, fishing industry associations and radio broadcasts, to disseminate information on the
action to be implemented.
(6) Once implemented, the Regional Administrator shall monitor the affected area to determine if the
action is still warranted. If the Regional Administrator determines that the circumstances under
which the action was taken, based on the Regional Administrator's report, the NEFMC's report, and
the public comments, are no longer in existence, he/she shall terminate the action by notification in
the FEDERAL REGISTER.
(7) Actions taken under this section will ordinarily become effective upon the date of filing with the
Office of the Federal Register. The Regional Administrator may determine that facts warrant a
delayed effective date.
(e) Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action
and interim measures under section 305(c) of the Magnuson-Stevens Act.
[69 FR 22984, Apr. 27, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.90, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.91 Monkfish regulated mesh areas and restrictions on gear and methods of fishing.
Link to an amendment published at 89 FR 102838, Dec. 18, 2024.
All vessels fishing for, possessing or landing monkfish must comply with the following minimum mesh size, gear,
and methods of fishing requirements, unless otherwise exempted or prohibited:
(a) Northern Fishery Management Area (NFMA) —Area definition. The NFMA (copies of a chart depicting the
area are available from the Regional Administrator upon request) is that area defined by a line beginning
at the intersection of 70° W. longitude and the south-facing shoreline of Cape Cod, MA (point A), then
southward along 70° W. longitude to 41° N. latitude, then eastward to the U.S.-Canada maritime boundary,
then in a northerly direction along the U.S.-Canada maritime boundary until it intersects the Maine
shoreline, and then following the coastline in a southerly direction until it intersects with point A.

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50 CFR 648.91(b)

(b) Southern Fishery Management Area (SFMA) —Area definition. The SFMA (copies of a chart depicting the
area are available from the Regional Administrator upon request) is that area defined by a line beginning
at point A, then in a southerly direction to the NC-SC border, then due east to the 200-mile limit, then in a
northerly direction along the 200-mile limit to the U.S.-Canada maritime boundary, then in a northwesterly
direction along the U.S.-Canada maritime boundary to 41° N. latitude, and then westward to 70° W.
longitude, and finally north to the shoreline at Cape Cod, MA (point A).
(c) Gear restrictions —
(1) Minimum mesh size —
(i)

Trawl nets while on a monkfish DAS. Except as provided in paragraph (c)(1)(ii) of this section,
the minimum mesh size for any trawl net, including beam trawl nets, used by a vessel fishing
under a monkfish DAS is 10-inch (25.4-cm) square or 12-inch (30.5-cm) diamond mesh
throughout the codend for at least 45 continuous meshes forward of the terminus of the net.
The minimum mesh size for the remainder of the trawl net is the regulated mesh size specified
under § 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i) of the Northeast multispecies regulations,
depending upon and consistent with the NE multispecies regulated mesh area being fished.

(ii) Trawl nets while on a monkfish and NE multispecies DAS. Vessels issued a Category C, D, G, or H
limited access monkfish permit and fishing with trawl gear under both a monkfish and NE
multispecies DAS are subject to the minimum mesh size allowed under regulations governing
mesh size at § 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), depending upon, and consistent with,
the NE multispecies regulated mesh area being fished, unless otherwise specified in this
paragraph (c)(1)(ii). Trawl vessels participating in the Offshore Fishery Program, as described
in § 648.95, and that have been issued a Category F monkfish limited access permit, are
subject to the minimum mesh size specified in paragraph (c)(1)(i) of this section.
(iii) Gillnets while on a monkfish DAS for fishing years 2023, 2024, and 2025. Until April 30, 2026, the
minimum mesh size for any gillnets used by a vessel fishing under a monkfish DAS is 10-inch
(25.4-cm) diamond mesh, unless the vessel meets one of the exceptions in paragraph (c)(1)(v)
of this section.
(iv) Gillnets while on a monkfish DAS from fishing year 2026 and beyond. Starting May 1, 2026, the
minimum mesh size for any gillnets used by a vessel fishing under a monkfish DAS is 12-inch
(30.5-cm) diamond mesh, unless the vessel meets one of the exceptions in paragraph (c)(1)(v)
of this section.
(v) Exceptions from the minimum mesh size for gillnets on a monkfish DAS. A vessel fishing with
gillnet gear under a monkfish DAS is subject to the minimum mesh size as defined in paragraph
(c)(1)(iii) or (iv) of this section, unless:
(A) The owner or operator of a limited access NE multispecies vessel fishing under a NE
multispecies category A DAS with gillnet gear in the NFMA changes the vessel's DAS
declaration to a monkfish DAS through the vessel's VMS unit during the trip in accordance
with the provisions specified under § 648.92(b)(1)(vi);
(B) A vessel issued a Category C or D limited access monkfish permit is fishing under both a
monkfish and NE multispecies Category A DAS in the SFMA using roundfish gillnets, as
defined at § 648.2, with 6.5-inch (16.5-cm) diamond mesh;

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50 CFR 648.91(c)(1)(v)(C)

(C) A vessel issued a limited access monkfish permit is fishing on a monkfish-only DAS in the
Mid-Atlantic Exemption Area using roundfish gillnets with a minimum mesh size of 5
inches (12.7 cm) in accordance with the provisions specified under § 648.80(c)(5); or
(D) A vessel issued a limited access monkfish permit is fishing on a monkfish-only DAS in the
Southern New England Dogfish Exemption Area using roundfish gillnets with a minimum
mesh size of 6 inches (15.2 cm) in accordance with the provisions specified under §
648.80(b)(7).
(vi) Authorized gear while on a monkfish and scallop DAS. Vessels issued a Category C, D, G, or H
limited access monkfish permit and fishing under a monkfish and scallop DAS may only fish
with and use a trawl net with a mesh size no smaller than that specified in paragraph (c)(1)(i) of
this section.
(2) Other gear restrictions.
(i)

A vessel may not fish with dredges or have dredges on board while fishing under a monkfish
DAS.

(ii) All other non-conforming gear must be stowed and not available for immediate use as defined
in § 648.2.
(iii) The mesh size restrictions in paragraph (c)(1) of this section do not apply to nets or pieces of
nets smaller than 3 ft (0.9 m) × 3 ft (0.9 m), (9 ft2 (0.81 m2)).
(3) SFMA trawl roller gear restriction. The roller gear diameter on any vessel on a monkfish DAS in the
SFMA may not exceed 6 inches (15.2 cm) in diameter.
[64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 FR 50323, Aug. 1, 2002; 70 FR 21942, Apr. 28, 2005; 72
FR 53949, Sept. 21, 2007; 79 FR 52580, Sept. 4, 2014; 81 FR 58865, Aug. 26, 2016; 88 FR 54498, Aug. 11, 2023]

§ 648.92 Effort-control program for monkfish limited access vessels.
(a) General. A vessel issued a limited access monkfish permit may not fish for, possess, retain, or land
monkfish, except during a DAS as allocated under and in accordance with the applicable DAS program
described in this section, except as otherwise provided in this part.
(1) End of year carryover. With the exception of a vessel that held a Confirmation of Permit History, as
described in § 648.4(a)(1)(i)(J), for the entire fishing year preceding the carryover year, a limited
access monkfish vessel that has unused monkfish DAS on the last day of April of any year may carry
over a maximum of 4 unused monkfish DAS into the next fishing year. A vessel whose DAS have
been sanctioned through enforcement proceedings shall be credited with unused DAS based on its
DAS allocation minus any DAS that have been sanctioned.
(2) [Reserved]
(b) Monkfish DAS program—permit categories and allocations —
(1) Limited access monkfish permit holders —
(i)

DAS allocations. Each vessel issued a limited access monkfish permit will be allocated 35
monkfish DAS each fishing year that may be used only in the Northern Fishery Management
Area as defined in § 648.91(a). Each vessel issued a limited access monkfish permit will also
be allocated 37 monkfish DAS each fishing year that may be used only in the Southern Fishery

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50 CFR 648.92(b)(1)(ii)

Management Area as defined in § 648.91(b). The annual allocation of monkfish DAS to each
vessel issued a limited access monkfish permit in the NFMA and SFMA shall be reduced by the
amount calculated in paragraph (b)(1)(iii) of this section for the research DAS set-aside. All DAS
must be used in accordance with the provisions of this paragraph (b) unless the permit is
enrolled in the Offshore Fishery Program in the SFMA, as specified in paragraph (b)(1)(ii) of this
section.
(ii) Offshore fishery program DAS allocation. A vessel issued a Category F permit, as described in §
648.95, shall be allocated a prorated number of monkfish DAS as specified in § 648.95(g)(2).
(iii) Research DAS set-aside. A total of 500 DAS will be set aside and made available for cooperative
research programs as described in paragraph (c) of this section. These DAS shall be deducted
proportionally from the DAS allocated to each vessel issued a limited access monkfish permit
by the process prescribed in this paragraph (b)(1)(iii).
(A) Calculating the total per vessel DAS deduction. The total per vessel DAS deduction will be
calculated as the quotient of 500 divided by the total number of limited access permits
issued in the previous fishing year.
(B) Calculating the per vessel DAS deduction for the NFMA and SFMA. The total vessel DAS
deduction will be distributed proportionally to the DAS for the NFMA and SFMA allocated
to each vessel issued a monkfish limited access permit, as specified in paragraph (b)(1)(i)
of this section. To determine the per-vessel deduction from the NFMA DAS allocation, the
total per vessel deduction will be multiplied by the quotient of the NFMA DAS allocation
divided by the total number of DAS allocated to each monkfish limited access vessel. To
determine the per-vessel deduction from the SFMA DAS allocation, the NFMA deduction
will be subtracted from the total per vessel deduction.
(C) Example. If, in the current year, each vessel is allocated 30 NFMA DAS and 20 SFMA DAS,
then the total vessel DAS allocation is 50 DAS. In this example, 625 limited access
monkfish permits were issued in the previous year. Dividing 500 by the 625 permits equals
a total per-vessel DAS deduction of 0.8 DAS. Dividing the NFMA allocation of 30 DAS by
the total DAS allocation of 50 DAS equals 0.6. Multiplying 0.6 by 0.8 equals an NFMA DAS
deduction of 0.48, which is rounded to 0.5. Subtracting the 0.5 NFMA DAS deduction from
the total per vessel deduction of 0.8 results in an SFMA DAS deduction of 0.3 DAS. The
result of is that each limited access monkfish vessel would be allocated 29.5 NFMA DAS
and 19.7 SFMA DAS.
(iv) General DAS usage restrictions. A vessel issued a limited access monkfish permit may not use
more than 46 allocated monkfish DAS in a fishing year. Unless otherwise specified in paragraph
(b)(2) of this section or under this subpart, a vessel issued a limited access NE multispecies or
limited access Atlantic sea scallop permit that is also issued a limited access monkfish permit
must use a NE multispecies or sea scallop DAS concurrently with each monkfish DAS utilized.
(v) DAS declaration requirements. Each vessel issued a limited access monkfish permit that
intends to fish under a monkfish DAS must declare that it will fish in either the NFMA or SFMA
through the vessel call-in system or VMS prior to the start of each trip. A vessel fishing or
intending to fish for, possessing, or landing monkfish under a NE multispecies, scallop, or
monkfish DAS under the management measures of the NFMA, must fish exclusively in the
NFMA for the entire trip. In addition, a vessel that is not required to and does not possess a
VMS unit must declare its intent to fish in the NFMA by obtaining a letter of authorization from
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50 CFR 648.92(b)(1)(vi)

the Regional Administrator, which is effective for a period of not less than 7 days, and fish
exclusively in the NFMA during the effective period of that letter of authorization. A vessel that
has not declared into the NFMA under this paragraph (b)(1)(v) shall be presumed to have fished
in the SFMA and shall be subject to the requirements of that area. A vessel that has declared
into the NFMA may transit the SFMA, providing that it complies with the transiting and gear
storage provision described in § 648.94(e).
(vi) Monkfish Option provision and declaration requirements. Any limited access NE multispecies
vessel fishing on a sector trip or under a NE multispecies Category A DAS in the NFMA, and
issued an LOA as specified in paragraph (b)(1)(v) of this section, may change its DAS
declaration to a monkfish DAS through the vessel's VMS unit during the course of the trip after
leaving port, but prior to crossing the VMS demarcation line upon its return to port or leaving
the NFMA, if the vessel exceeds the incidental catch limit specified under § 648.94(c).
(A) Vessels that change their DAS declaration from a NE multispecies Category A DAS to a
monkfish DAS during a trip remain subject to the NE multispecies DAS usage
requirements (i.e., use a NE multispecies Category A DAS in conjunction with the monkfish
DAS) described in paragraph (b)(2)(iv) of this section.
(B) Gillnet vessels that change their DAS declaration in accordance with this paragraph
(b)(1)(vi) are not subject to the gillnet minimum mesh size restrictions found at §
648.91(c)(1)(iii) and (iv) but are subject to the smaller NE multispecies minimum mesh
requirements for gillnet vessels found under § 648.80 based upon the NE Multispecies
Regulated Mesh Area in which the vessel is fishing.
(2) Category C, D, F, G, or H limited access monkfish permit holders.
(i)

General provision. Unless otherwise specified in paragraph (b)(2)(ii) of this section, each
monkfish DAS used by a vessel issued a limited access monkfish Category C, D, F, G, or H
permit and a limited access NE multispecies or scallop DAS permit shall also be counted as a
NE multispecies or scallop DAS, as applicable. A vessel issued a limited access monkfish
Category C, D, F, or H permit may not use a NE multispecies Category B Regular DAS under the
NE Multispecies Regular B DAS Program, as specified under § 648.85(b)(6), in order to satisfy
the requirement of this paragraph (b)(2)(i) to use a NE multispecies DAS concurrently with a
monkfish DAS.

(ii) Monkfish-only DAS. When a vessel issued a limited access monkfish Category C, D, F, G, or H
permit and a limited access NE multispecies DAS permit has an allocation of NE multispecies
Category A DAS, specified under § 648.82(d)(1), that is less than the number of monkfish DAS
allocated for the fishing year May 1 through April 30, that vessel shall be allocated “monkfishonly” DAS equal to the difference between the number of its allocated monkfish DAS and the
number of its allocated NE multispecies Category A DAS at the start of a fishing year. For
example, if a vessel issued a limited access monkfish Category D permit is allocated 30
monkfish DAS for use in the Northern Fishery Management Area, 20 monkfish DAS for use in
the Southern Fishery Management Area, and 26 NE multispecies Category A DAS, it would have
24 monkfish-only DAS at the start of each fishing year. The available balance of monkfish-only
DAS may vary throughout the fishing year based upon monkfish-only DAS usage and the
acquisition or relinquishment of NE multispecies DAS under the NE Multispecies DAS Leasing
Program, as specified in paragraph (b)(2)(iii) of this section. A vessel issued a limited access
monkfish Category C, D, F, G, or H permit may use monkfish-only DAS without the concurrent
use of a NE multispecies DAS at any time throughout the fishing year, regardless of the number
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50 CFR 648.92(b)(2)(iii)

of NE multispecies Category A DAS available. When fishing under a monkfish-only DAS, the
vessel must fish under the regulations in this part pertaining to a limited access monkfish
Category A or B permit, as applicable, and may not retain any regulated NE multispecies. For
example, a vessel issued a limited access monkfish Category C permit must comply with the
monkfish landing limits applicable to a Category A monkfish permit when fishing under a
monkfish-only DAS.
(iii) Category C, D, F, G, or H vessels that lease NE multispecies DAS.
(A) A vessel issued a limited access monkfish Category C, D, F, G, or H permit that has
monkfish-only DAS, as specified in paragraph (b)(2)(ii) of this section, and that leases NE
multispecies DAS from another vessel pursuant to § 648.82(k), must fish its available
monkfish-only DAS in conjunction with its leased NE multispecies DAS, to the extent that
the vessel has NE multispecies DAS available.
(B) A vessel issued a limited access monkfish Category C, D, F, G, or H permit may forfeit
some of its monkfish DAS, if it leases NE multispecies DAS to another vessel(s), pursuant
to § 648.82(k). The number of monkfish DAS forfeited by a vessel depends on its balance
of Monkfish and NE multispecies DAS at the time of the lease. Any forfeited monkfish DAS
will be deducted proportionally between the DAS allocated to the vessel for use in the
Northern Fishery Management Area and Southern Fishery Management Area in paragraph
(b)(1)(i) of this section.
(1) If the vessel's unused monkfish DAS balance is greater than or equal to its unused NE
multispecies DAS balance, at the time of the lease, then the vessel will forfeit an
amount of monkfish DAS equal to the number of NE multispecies DAS being leased
to another vessel. For example, if a vessel has 40 monkfish DAS and 30 NE
multispecies DAS and it leases 10 NE multispecies DAS in accordance with §
648.82(k), then, as part of the lease, the vessel would forfeit 10 monkfish DAS and be
left with 30 monkfish DAS and 20 multispecies DAS.
(2) If the vessel's unused monkfish DAS balance is less than its unused NE multispecies
DAS balance, at the time of lease, then the vessel will forfeit an amount of monkfish
DAS equal to the number of NE multispecies DAS being leased minus the difference
between the vessel's unused NE multispecies DAS balance and the vessel's unused
monkfish DAS balance. If the number of NE multispecies DAS being leased is less
than the difference between the vessel's unused NE multispecies DAS balance and
the vessel's unused monkfish DAS balance, then no monkfish DAS are forfeited. For
example, if a vessel has 25 monkfish DAS and 30 NE multispecies DAS at the time of
the lease, and it leases 10 NE multispecies DAS, the vessel would forfeit 5 monkfish
DAS (10 leased −[30 NE multispecies DAS − 25 monkfish DAS] = 5 forfeited monkfish
DAS). If, however, the vessel has 25 monkfish DAS and 40 NE multispecies and the
vessel leases 10 NE multispecies DAS, it would not forfeit any monkfish DAS (10
leased NE multispecies DAS −[40 NE multispecies DAS −25 monkfish DAS] = −5. The
number of DAS forfeited cannot be negative, so 0 DAS are forfeited).
(3) Accrual of DAS. Unless otherwise provided in § 648.92(b)(8)(v), all monkfish DAS fished shall be
charged to the nearest minute.
(4) DAS credits —

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(i)

50 CFR 648.92(b)(4)(i)

Good Samaritan credit. A limited access vessels fishing under the DAS program and that spends
time at sea assisting in a USCG search and rescue operation or assisting the USCG in towing a
disabled vessel, and that can document the occurrence through the USCG, will not accrue DAS
for the time documented.

(ii) Canceled trip DAS credit. A limited access vessel operating under the DAS program and that end
a fishing trip prior to setting and/or hauling fishing gear for any reason may request a cancelled
trip DAS credit for the trip based on the following conditions and requirements.
(A) There is no fish onboard the vessel and no fishing operations on the vessel were initiated,
including setting and/or hauling fishing gear; and
(B) The owner or operator of the vessel fishing under a DAS program and required to use a
VMS as specified under § 648.10(b) makes an initial trip cancelation notification from sea,
at the time the trip was canceled, or at the earliest opportunity prior to crossing the
demarcation line as defined at § 648.10(a). These reports are in the form of an email to
NMFS Office of Law Enforcement and include at least the following information: Operator
name; vessel name; vessel permit number; port where vessel will return; date trip started;
estimated date/time of return to port; and a statement from the operator that no fish were
onboard and no fishing activity occurred; and
(C) The owner or operator of the vessel operating under the DAS program required to use the
IVR call in as specified under § 648.10(h) makes an initial trip cancelation notification to
NMFS by calling the IVR back at the time the trip was canceled, or at the earliest
opportunity prior to returning to port. This request must include at least the following
information: Operator name; vessel name; vessel permit number; port where vessel will
return; date trip started; estimated date/time of return to port; and a statement from the
operator that no fish were onboard and no fishing activity occurred; and
(D) The owner or operator of the vessel requesting a canceled trip DAS credit, in addition to
the requirements in paragraphs (b)(4)(ii)(B) and (C) of this section, submits a written DAS
credit request form to NMFS within 30 days of the vessel's return to port from the
canceled trip. This application must include at least the following information: Date and
time when the vessel canceled the fishing trip; date and time of trip departure and landing;
operator name; owner/corporation name; permit number; hull identification number; vessel
name; date and time notification requirements specified under paragraphs (b)(4)(ii)(B) and
(C) of this section were made; reason for canceling the trip; and owner/operator signature
and date; and
(E) The vessel trip report for the canceled trip as required under § 648.7(b) is submitted along
with the DAS credit request form; and
(F) For DAS credits that are requested near the end of the fishing year as defined at § 648.2,
and approved by the Regional Administrator, the credited DAS apply to the fishing year in
which the canceled trip occurred. Credited DAS that remain unused at the end of the
fishing year or are not credited until the following fishing year and may be carried over into
the next fishing year, not to exceed the maximum number of carryover DAS as specified
under paragraph (a)(1) of this section.
(5) [Reserved]

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50 CFR 648.92(b)(6)

(6) Declaring monkfish DAS. A vessel's owner or authorized representative shall notify the Regional
Administrator of a vessel's participation in the monkfish DAS program using the notification
requirements specified in § 648.10.
(7) Adjustments in annual monkfish DAS allocations. Adjustments in annual monkfish DAS allocations, if
required to meet fishing mortality goals, may be implemented pursuant to the framework adjustment
procedures of § 648.96.
(8) Gillnet restrictions —
(i)

Number and size of nets —
(A) Category A and B vessels. A vessel issued a monkfish limited access Category A or B
permit and fishing under a monkfish DAS may not fish with, haul, possess, or deploy more
than 160 gillnets. Nets may not be longer than 300 ft (91.44 m), or 50 fathoms, in length.
(B) Category C, D, F, G, and H vessels that possess a limited access NE multispecies permit. A
vessel issued a valid monkfish limited access Category C, D, F, G, or H permit that
possesses a valid limited access NE multispecies permit and fishing under a monkfish
DAS may not fish with, haul, possess, or deploy more than 150 gillnets. A vessel issued a
NE multispecies limited access permit and a limited access monkfish permit, and fishing
under a monkfish DAS, may fish any combination of monkfish, roundfish, and flatfish
gillnets, up to 150 nets total, provided that the number of monkfish, roundfish, and flatfish
gillnets is consistent with the limitations of § 648.82. Nets may not be longer than 300 ft
(91.4 m), or 50 fathoms, in length.

(ii) Tagging requirements. Beginning May 1, 2000, all gillnets fished, hauled, possessed, or deployed
by a vessel fishing for monkfish under a monkfish DAS must have one monkfish tag per net,
with one tag secured to every other bridle of every net within a string of nets. Tags must be
obtained as described in § 648.4. A vessel operator must account for all net tags upon request
by an authorized officer.
(iii) Lost tags. A vessel owner or operator must report lost, destroyed, or missing tag numbers by
letter or fax to the Regional Administrator within 24 hours after tags have been discovered lost,
destroyed, or missing.
(iv) Replacement tags. A vessel owner or operator seeking replacement of lost, destroyed, or
missing tags must request replacement tags by letter or fax to the Regional Administrator. A
check for the cost of the replacement tags must be received before the tags will be re-issued.
(v) Method of counting DAS. A vessel fishing with gillnet gear under a monkfish DAS shall accrue
15 hours monkfish DAS for all trips less than or equal to 15 hours in duration. Such vessels
shall accrue monkfish DAS based on actual time at sea for trips greater than 15 hours in
duration. A vessel fishing with gillnet gear under only a monkfish DAS is not required to remove
gillnet gear from the water upon returning to the dock and calling out of the DAS program,
provided the vessel complies with the requirements and conditions of paragraphs (b)(8)(i)-(v)
of this section. A vessel fishing with gillnet gear under a joint monkfish and NE multispecies
DAS, as required under § 648.92(b)(2)(i), that is declared as a trip gillnet vessel under the NE
Multispecies FMP, must remove its gillnet gear from the water prior to calling out of the DAS
program, as specified at § 648.82(j)(2).
(9) Category G and H limited access permit holders.
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

(i)

50 CFR 648.92(b)(9)(i)

A vessel issued a limited access monkfish Category G or H permit may fish under a monkfish
DAS only in the SFMA, as defined at § 648.91(b).

(ii) Vessels issued valid limited access monkfish Category G or H permit that also possess a
limited access NE multispecies or limited access scallop permit are subject to the same
provisions as Category C or D vessels, respectively, unless otherwise stated under this subpart
F.
(10) DAS Adjustment for Trip Limit Overage. Any limited access monkfish vessel, required to or voluntarily
using a VMS, fishing on a monkfish DAS may land up to the equivalent of one additional day's worth
of its trip limit (i.e., amount of monkfish authorized per DAS) than would otherwise be authorized,
provided the vessel, vessel owner, or vessel operator notifies the Regional Administrator of the
overage via VMS prior to crossing the VMS demarcation line. If the vessel is not required to be, or is
not equipped with an operable VMS, the vessel, vessel operator, or owner must notify the Regional
Administrator via the call-in system at least 1-hr prior to landing. The monkfish DAS charged to the
vessel will then be increased to equal a full 24-hr period plus 1 minute to account for the trip limit
overage. For example, if a vessel has the equivalent of two monkfish DAS trip limits (based on its
permit category) on board, but has only been declared into the monkfish DAS program for 15 hr, the
vessel, vessel owner, or vessel operator may land fish equal to the two DAS trip limits only if the
Regional Administrator of the overage is notified via VMS or the call-in system as described above.
In this case, the monkfish DAS charged to the vessel would be adjusted from 15 hr to 24 hr and 1
minute.
(c) Monkfish Research —
(1) DAS Set-Aside Program.
(i)

NMFS shall publish a Request for Proposals (RFP) in the FEDERAL REGISTER consistent with
procedures and requirements established by the NOAA Grants Office to solicit proposals for the
upcoming fishing year that are based on research priorities identified by the Councils.

(ii) NMFS shall convene a review panel that may include members of the Councils' Monkfish
Oversight Committee, the Council's Research Steering Committee, and other subject matter
experts, to review proposals submitted in response to the RFP.
(A) Each panel member shall recommend which research proposals should be authorized to
utilize the research DAS set aside in accordance with paragraph (b)(1)(iii) of this section,
based on the selection criteria described in the RFP.
(B) NMFS and the NOAA Grants Office shall consider each panel member's recommendation,
and NOAA shall provide final approval of the projects, and notify applicants of the grant
award through written notification to the project proponent. The Regional Administrator
may exempt selected vessel(s) from regulations specified in each of the respective FMPs
through the exempted fishing permit (EFP) process specified under § 600.745(b)(2).
(iii) The grant awards approved under the RFPs shall be for the upcoming fishing year. Proposals to
fund research that would start prior to the fishing year are not eligible for consideration. Multiyear grant awards may be approved under an RFP for an upcoming fishing year, so long as the
research DAS available under subsequent RFPs are adjusted to account for the approval of
multi-year awards.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.92(c)(1)(iv)

(iv) Research projects shall be conducted in accordance with provisions approved and provided in
an EFP issued by the Regional Administrator, as authorized under § 600.745(b)(2).
(v) If the Regional Administrator determines that the annual allocation of research DAS will not be
used in its entirety once all of the grant awards have been approved, the Regional Administrator
shall reallocate the unallocated research DAS as exempted DAS to be authorized as described
in paragraph (c)(2) of this section, and provide notice of the reallocation of DAS in the FEDERAL
REGISTER. Any allocated research DAS that are not used during the fishing year for which they
are granted may be carried over into the next fishing year. Any unallocated research DAS may
not be carried over into the next fishing year.
(vi) For proposals that require other regulatory exemptions that extend beyond the scope of the
analysis contained in the Monkfish FMP, subsequent amendments, or framework adjustments,
applicants may be required to provide additional analysis of the impacts of the requested
exemptions before issuance of an EFP will be considered.
(2) DAS Exemption Program.
(i)

Vessels that seek to conduct monkfish research within the current fishing year, and that were
not selected in the RFP process during the previous fishing year, may seek exemptions from
monkfish DAS for the purpose of conducting exempted fishing activities, as authorized at §
600.745(b), under the following conditions and restrictions:
(A) The request for a monkfish DAS exemption must be submitted along with a complete
application for an EFP to the Regional Administrator. The requirements for submitting a
complete EFP application are provided in § 600.745(b)(2);
(B) Exempted DAS must be available for usage. Exempted DAS shall only be made available
by the Regional Administrator if it is determined that the annual set-aside of research DAS
will not be used in its entirety, as described in paragraph (c)(1)(v) of this section. If
exempted DAS are not available for usage, the applicant may continue to seek an
exemption from monkfish DAS, but may be required to conduct an analysis of the impacts
associated with the monkfish DAS exemption request before issuance of the EFP
application will be considered; and
(C) For EFP applications that require other regulatory exemptions that extend beyond the
scope of the analysis contained in the Monkfish FMP, subsequent amendments, or
framework adjustments, applicants may be required to provide additional analysis of the
impacts of the requested exemptions before issuance of an EFP will be considered.

(ii) Monkfish DAS exemption requests shall be reviewed and approved by the Regional
Administrator in the order in which they are received.
[64 FR 54748, Oct. 7, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.92, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.93

§ 648.93 Monkfish minimum fish sizes.
(a) General provisions. All monkfish caught by vessels issued a valid Federal monkfish permit must meet the
minimum fish size requirements established in this section.

MINIMUM FISH SIZES
(TOTAL LENGTH/TAIL LENGTH)
Total Length

Tail Length

17 inches (43.2 cm)

11 inches (27.9 cm)

(b) The minimum fish size applies to the whole fish (total length) or to the tail of a fish (tail length) at the time
of landing. Fish or parts of fish, with the exception of cheeks and livers, must have skin on while
possessed on board a vessel and at the time of landing in order to meet minimum size requirements.
“Skin on” means the entire portion of the skin normally attached to the portion of the fish or fish parts
possessed. Monkfish tails are measured from the anterior portion of the fourth cephalic dorsal spine to
the end of the caudal fin. Any tissue anterior to the fourth dorsal spine is ignored. If the fourth dorsal
spine or the tail is not intact, the minimum size is measured between the most anterior vertebra and the
most posterior portion of the tail.
[64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003; 70 FR 21944, Apr. 28, 2005; 79 FR 41924, July 18, 2014]

§ 648.94 Monkfish possession and landing restrictions.
(a) General. Monkfish may be possessed or landed either as tails only, tails with associated heads possessed
separately, or in whole form (head on and gutted), or any combination of the three provided the weight of
monkfish heads on board does not exceed 1.91 times the weight of monkfish tails on board. When any
combination of tails, and whole fish are possessed or landed, the possession or landing limit shall be
based on tail weight where all whole monkfish (head on and gutted) are converted to tail weight using the
conversion factor of 2.91. For example, whole weight is converted to tail weight by dividing the whole
weight by 2.91. Conversely, tail weight is converted to whole weight by multiplying the tail weight by 2.91.
If heads only are possessed in combination with tails, the possession or landing limit for monkfish heads
may not exceed 1.91 times the tail weight of fish on board, excluding any whole monkfish. The allowed
amount of head weight is determined by multiplying the tail weight by 1.91. For example a vessel
possessing 100 lb (45 kg) of tail weight may possess an additional 191 lb (87 kg) of monkfish heads (100
× 1.91 = 191). A vessel may not possess heads only without possessing the equivalent weight of tails
allowed by using the conversion factor.
(b) Vessels issued limited access monkfish permits —
(1) Vessels fishing under the monkfish DAS program in the NFMA —
(i)

Category A vessels. A limited access monkfish Category A vessel that fishes exclusively in the
NFMA under a monkfish DAS may land up to 1,250 lb (567 kg) tail weight or 3,638 lb (1,650 kg)
whole weight of monkfish per DAS (or any prorated combination of tail weight and whole

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50 CFR 648.94(b)(1)(ii)

weight based on the conversion factor for tail weight to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish
heads only, as described in paragraph (a) of this section.
(ii) Category B vessels. A limited access monkfish Category B vessel that fishes exclusively in the
NFMA under a monkfish DAS may land up to 600 lb (272 kg) tail weight or 1,746 lb (792 kg)
whole weight of monkfish per DAS (or any prorated combination of tail weight and whole
weight based on the conversion factor for tail weight to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish
heads only, as described in paragraph (a) of this section.
(iii) Category C vessels. A limited access monkfish Category C vessel that fishes exclusively in the
NFMA under a monkfish-only DAS may land up to 1,250 lb (567 kg) tail weight or 3,638 lb (1,650
kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole
weight based on the conversion factor for tail weight to whole weight of 2.91). A limited access
monkfish Category C vessel that fishes exclusively in the NFMA under both a monkfish and NE
multispecies DAS may possess and land an unlimited amount of monkfish. For every 1 lb (0.45
kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads
only, as described in paragraph (a) of this section.
(iv) Category D vessels. A limited access monkfish Category D vessel that fishes exclusively in the
NFMA under a monkfish-only DAS may land up to 600 lb (272 kg) tail weight or 1,746 lb (792
kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole
weight based on the conversion factor for tail weight to whole weight of 2.91). A limited access
monkfish Category D vessel that fishes exclusively in the NFMA under both a monkfish and NE
multispecies DAS may possess and land an unlimited amount of monkfish. For every 1 lb (0.45
kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads
only, as described in paragraph (a) of this section.
(2) Vessels fishing under the monkfish DAS program in the SFMA —
(i)

Category A, C, and G vessels. A vessel issued a limited access monkfish Category A, C, or G
permit that fishes under a monkfish DAS in the SFMA may land up to 700 lb (318 kg) tail weight
or 2,037 lb (924 kg) whole weight of monkfish per DAS (or any prorated combination of tail
weight and whole weight based on the conversion factor for tail weight to whole weight of
2.91). For every 1 lb (0.45 kg) of tail-only weight landed, the vessel may land up to 1.91 lb (0.87
kg) of monkfish heads only, as described in paragraph (a) of this section.

(ii) Category B, D, and H vessels. A vessel issued a limited access monkfish Category B, D, or H
permit that fishes under a monkfish DAS in the SFMA may land up to 575 lb (261 kg) tail weight
or 1,673 lb (759 kg) whole weight of monkfish per DAS (or any prorated combination of tail
weight and whole weight based on the conversion factor for tail weight to whole weight of
2.91). For every 1 lb (0.45 kg) of tail-only weight landed, the vessel may land up to 1.91 lb (0.87)
of monkfish heads only, as described in paragraph (a) of this section.
(iii) Category F vessels. Vessels issued a Category F permit are subject to the possession and
landing restrictions specified at § 648.95(g)(1).
(iv) Administration of landing limits. A vessel owner or operator may not exceed the monkfish trip
limits as specified in paragraphs (b)(2)(i) through (iii) of this section per monkfish DAS fished,
or any part of a monkfish DAS fished.
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50 CFR 648.94(b)(3)

(3) Category C, D, F, G, and H vessels fishing under the multispecies DAS program —
(i)

NFMA. Unless otherwise specified in paragraph (b)(1) of this section, a vessel issued a limited
access monkfish Category C permit that fishes under a NE multispecies DAS, and not a
monkfish DAS, exclusively in the NFMA may land up to 900 lb (408 kg) tail weight or 2,619 lb
(1,188 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and
whole weight based on the conversion factor for tail weight to whole weight of 2.91). A vessel
issued a limited access monkfish Category D permit that fishes under a NE multispecies DAS,
and not a monkfish DAS, exclusively in the NFMA may land up to 750 lb (340 kg) tail weight or
2,183 lb (990 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight
and whole weight based on the conversion factor for tail weight to whole weight of 2.91). A
vessel issued a limited access monkfish Category C, D, or F permit participating in the NE
Multispecies Regular B DAS program, as specified under § 648.85(b)(6), is also subject to the
incidental landing limit specified in paragraph (c)(1)(i) of this section on such trips.

(ii) SFMA —
(A) Category C, D, and F vessels. Limited access monkfish Category C, D, or F vessels that fish
any portion of a trip under a NE multispecies DAS in the SFMA, and not a monkfish DAS,
may land up to 300 lb (136 kg) tail weight or 873 lb (396 kg) whole weight of monkfish per
DAS if trawl gear is used exclusively during the trip, or 50 lb (23 kg) tail weight or 146 lb
(66 kg) whole weight per DAS if gear other than trawl gear is used at any time during the
trip. Category C, D, and F vessels participating in the NE Multispecies Regular B DAS
program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit
specified in paragraph (c)(1)(ii) of this section. For the purpose of converting whole weight
to tail weight, the amount of whole weight possessed or landed is divided by 2.91. For
every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads only, as described in paragraph (a) of this section.
(B) Category G and H vessels. Limited access monkfish Category G and H vessels that fish any
portion of a trip under a NE multispecies DAS in the SFMA, and not under a monkfish DAS,
are subject to the incidental catch limit specified in paragraph (c)(1)(ii) of this section.
Category G and H vessels participating in the NE Multispecies Regular B DAS program, as
specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in
paragraph (c)(1)(ii) of this section.
(iii) Transiting. A vessel that harvested monkfish in the NFMA may transit the SFMA and possess
monkfish in excess of the SFMA landing limit provided such vessel complies with the
provisions of § 648.94(e).
(4) Category C, D, F, G, or H vessels fishing under the scallop DAS program. A Category C, D, F, G, or H
vessel fishing under a scallop DAS may land up to 300 lb (136 kg) tail weight or 873 lb (396 kg)
whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight
based on the conversion factor for tail weight to whole weight of 2.91). For every 1 lb (0.45 kg) of tail
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described
in paragraph (a) of this section.
(5) Category C, D, F, G, or H scallop vessels declared into the monkfish DAS program without a dredge on
board, or not under the net exemption provision. Category C, D, G, or H vessels that have declared into
the monkfish DAS program and that do not fish with or have a dredge on board, or that are not
fishing with a net under the net exemption provision specified in § 648.51(f), are subject to the same
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.94(b)(6)

landing limits as specified in paragraphs (b)(1) and (b)(2) of this section, or the landing limit
specified in § 648.95(g)(1), if issued a Category F permit. Such vessels are also subject to provisions
applicable to Category A and B vessels fishing only under a monkfish DAS, consistent with the
provisions of this part.
(6) Vessels not fishing under a NE multispecies, scallop, or monkfish DAS. The possession limits for all
limited access monkfish vessels when not fishing under a NE multispecies, scallop, or monkfish DAS
are the same as those possession limits applicable to a vessel issued a monkfish incidental catch
permit specified under paragraphs (c)(3) through (c)(8) of this section.
(c) Vessels issued a monkfish incidental catch permit —
(1) Vessels fishing under a NE multispecies DAS —
(i)

NFMA. A vessel issued a valid monkfish incidental catch (Category E) permit fishing under a NE
multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) tail weight or 873 lb
(396 kg) whole weight of monkfish per DAS, or 25 percent (where the weight of all monkfish is
converted to tail weight) of the total weight of fish on board, whichever is less. For the purpose
of converting whole weight to tail weight, the amount of whole weight possessed or landed is
divided by 2.91. For every 1 lb (0.45 kg) of tail-only weight landed, the vessel may land up to
1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of this section.

(ii) SFMA. If any portion of the trip by a vessel issued a monkfish incidental catch (Category E)
permit, or issued a valid limited access Category G or H permit, is fished under a NE
multispecies DAS in the SFMA, the vessel may land up to 50 lb (23 kg) tail weight or 146 lb (66
kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole
weight based on the conversion factor for tail weight to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish
heads only, as described in paragraph (a) of this section.
(2) Scallop vessels fishing under a scallop DAS. A scallop vessel issued a monkfish incidental catch
(Category E) permit fishing under a scallop DAS may land up to 300 lb (136 kg) tail weight or 873 lb
(396 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole
weight based on the conversion factor for tail weight to whole weight of 2.91). For every 1 lb (0.45
kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as
described in paragraph (a) of this section.
(3) Vessels fishing with large mesh and not fishing under a DAS —
(i)

A vessel issued a valid monkfish incidental catch limit (Category E) permit or a limited access
monkfish permit (Category A, B, C, D, F, G, or H) fishing in the GOM or GB RMAs with mesh no
smaller than specified at §§ 648.80(a)(3)(i) and (a)(4)(i), respectively, while not on a monkfish,
NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or tails) only
up to 5 percent (where the weight of all monkfish is converted to tail weight) of the total weight
of fish on board. For the purpose of converting whole weight to tail weight, the amount of whole
weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in
paragraph (a) of this section.

(ii) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access
monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE RMA east of the MA
Exemption Area boundary with mesh no smaller than specified at § 648.80(b)(2)(i), while not on
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.94(c)(3)(iii)

a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or
tails) only up to 5 percent (where the weight of all monkfish is converted to tail weight) of the
total weight of fish on board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole
weight of monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437
lb (198 kg) whole weight per trip. For the purpose of converting whole weight to tail weight, the
amount of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail
only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as
described in paragraph (a) of this section.
(iii) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access
monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE RMA under a Skate Bait Letter
of Authorization, as authorized under § 648.322(c), while not on a monkfish, NE multispecies,
or scallop DAS, may possess, retain, and land monkfish (whole or tails) only up to 5 percent
(where the weight of all monkfish is converted to tail weight) of the total weight of fish on
board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day
or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per
trip. For the purpose of converting whole weight to tail weight, the amount of whole weight
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the
vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of
this section.
(iv) A vessel issued a valid monkfish incidental catch (Category E) permit or a limited access
monkfish permit (Category A, B, C, D, F, G, or H) fishing in the SNE or MA RMAs west of the MA
Exemption Area boundary with mesh no smaller than specified at § 648.108(a)(1) while not on
a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land monkfish (whole or
tails) only up to 5 percent (where the weight of all monkfish is converted to tail weight) of the
total weight of fish on board, up to a maximum of 450 lb (204 kg) tail weight or 1,310 lb (594
kg) whole weight of monkfish per trip, unless that vessel is fishing under a Skate Bait Letter of
Authorization in the SNE RMA. Such a vessel is subject to the incidental catch limit specified
under paragraph (c)(3)(iii) of this section. For the purpose of converting whole weight to tail
weight, the amount of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45
kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads
only, as described in paragraph (a) of this section.
(4) Vessels fishing with small mesh and not fishing under a DAS. A vessel issued a valid monkfish
incidental catch (Category E) permit or a limited access monkfish permit (Category A, B, C, D, F, G, or
H) fishing with mesh smaller than the mesh size specified by area in paragraph (c)(3) of this section,
while not on a monkfish, NE multispecies, or scallop DAS, may possess, retain, and land only up to
50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day or partial day, up to a
maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For the purpose of
converting whole weight to tail weight, the amount of whole weight possessed or landed is divided
by 2.91. For every 1 lb (0.45 kg) of tail weight landed, the vessel may land up to 1.91 lb (0.87 kg) of
monkfish heads only, as described in paragraph (a) of this section.
(5) Small vessels. A vessel issued a limited access NE multispecies small vessel category permit and a
valid monkfish incidental catch (Category E) permit that is less than 30 ft (9.1 m) in length and that
elects not to fish under the NE multispecies DAS program, may possess, retain, and land up to 50 lb
(23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day or partial day, up to a
maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For the purpose of
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
Management Measures for the NE Multispecies and Monkfish Fisheries

50 CFR 648.94(c)(6)

converting whole weight to tail only weight, the amount of whole weight possessed or landed is
divided by 2.91. For every 1 lb (0.45 kg) of tail weight landed, the vessel may land up to 1.91 lb of
monkfish heads only, as described in paragraph (a) of this section.
(6) Vessels fishing with handgear. A vessel issued a valid monkfish incidental catch (Category E) permit
or a limited access monkfish permit (Category A, B, C, D, F, G, or H) and fishing exclusively with rod
and reel or handlines with no other fishing gear on board, while not on a monkfish, NE multispecies,
or scallop DAS, may possess, retain, and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole
weight of monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb
(198 kg) whole weight per trip. For the purpose of converting whole weight to tail weight, the amount
of whole weight possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in
paragraph (a) of this section.
(7) Vessels fishing with surfclam or ocean quahog dredge gear. A vessel issued a valid monkfish
incidental catch (Category E) permit and a valid surfclam or ocean quahog permit, while fishing
exclusively with a hydraulic clam dredge or mahogany quahog dredge, may possess, retain, and land
up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish per day or partial day, not to
exceed 150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For the purpose of
converting whole weight to tail weight, the amount of whole weight possessed or landed is divided
by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads only, as described in paragraph (a) of this section.
(8) Scallop vessels not fishing under a scallop DAS with dredge gear —
(i)

General provisions. A vessel issued a valid monkfish incidental catch (Category E) permit or a
valid limited access Category C, D, F, G, or H permit, and also possessing a valid General
Category sea scallop permit or a limited access sea scallop vessel not fishing under a scallop
DAS, while fishing exclusively with scallop dredge gear as specified in § 648.51(b), may
possess, retain, and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of
monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail weight or 437 lb (198 kg)
whole weight per trip, unless otherwise specified in paragraph (c)(8)(ii) of this section. For the
purpose of converting whole weight to tail weight, the amount of whole weight possessed or
landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the vessel may land
up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of this section.

(ii) Limited access scallop vessels fishing in Sea Scallop Access Areas. A vessel issued a valid
monkfish incidental catch (Category E) permit or a valid limited access Category C, D, F, G, or H
permit, and also possessing a limited access sea scallop permit while fishing exclusively with
scallop dredge gear as specified in § 648.51(b), and fishing in one of the established Sea
Scallop Access Areas specified under § 648.59, may possess, retain, and land up to 300 lb (136
kg) tail weight or 873 lb (396 kg) whole weight of monkfish per day or partial day fished within
the boundaries of the Sea Scallop Access Area. Time within the applicable access area, for
purposes of determining the incidental catch limit, will be determined through the vessel's VMS
unit. For the purpose of converting whole weight to tail weight, the amount of whole weight
possessed or landed is divided by 2.91. For every 1 lb (0.45 kg) of tail only weight landed, the
vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as described in paragraph (a) of
this section.
(d) Monkfish liver landing restrictions.
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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.94(d)(1)

(1) A vessel authorized to land monkfish under this part may possess or land monkfish livers up to 25
percent of the tail-weight of monkfish, or up to 10 percent of the whole weight of monkfish, per trip,
except as provided under paragraph (d)(2) of this section.
(2) If a vessel possesses or lands both monkfish tails and whole monkfish, the vessel may land
monkfish livers up to 10 percent of the whole weight of monkfish per trip using the following weight
ratio: (0.10) × [(tail weight × 2.91) + (whole fish × 1)].
(e) Transiting. A vessel that has declared into the NFMA for the purpose of fishing for monkfish under the less
restrictive measures of the NFMA, may transit the SFMA provided that the vessel does not harvest or
possess monkfish, or any other fish, from the SFMA, and the vessel's gear is properly stowed and not
available for immediate use as defined in § 648.2.
(f) [Reserved]
(g) Other landing restrictions. Vessels are subject to any other applicable landing restrictions of this part.
[64 FR 54749, Oct. 7, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.94, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.95 Offshore Fishery Program in the SFMA.
(a) General. Any vessel issued a valid monkfish limited access permit is eligible to apply for a Category F
permit in order to fish in the Offshore Fishery Program in the SFMA.
(1) A vessel issued a Category F permit is subject to the specific provisions and conditions of this
section while fishing on a monkfish DAS.
(2) A vessel issued a limited access monkfish Category C or D permit that applies for and is issued a
Category F permit remains subject to the provisions specific to Category C and D vessels, unless
otherwise specified under this subpart F.
(3) Limited access Category C or D vessels that apply for and are issued a Category F permit remain
subject to the provisions specific to Category C and D vessels, unless otherwise specified under this
subpart F.
(b) Declaration. To fish in the Offshore Fishery Program, a vessel must obtain a monkfish limited access
Category F permit and fish under this permit for the entire fishing year, subject to the conditions and
restrictions specified under this part. The owner of a vessel, or authorized representative, may change the
vessel's limited access monkfish permit category within 45 days of the effective date of the vessel's
permit, provided the vessel has not fished under the monkfish DAS program during that fishing year. If
such a request is not received within 45 days, the vessel owner may not request a change in permit
category and the vessel's permit category will remain unchanged for the duration of the fishing year.

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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50 CFR 648.95(c)

(c) Offshore Fishery Program Area. The Offshore Fishery Program Area is bounded on the south by 38° 00′ N.
lat. and on the north, west, and east by the following coordinates, connected in the order listed by rhumb
lines.

Point

N. latitude

W. longitude

1

41°18.6′

66°24.8′

2

40°55.5′

66°38.0′

3

40°45.5′

68°00.0′

4

40°37.0′

68°00.0′

5

40°30.0′

69°00.0′

6

40°22.7′

69°00.0′

7

40°18.7′

69°40.0′

8

40°21.0′

71°03.0′

9

39°41.0′

72°32.0′

10

38°47.0′

73°11.0′

11

38°04.0′

74°06.0′

(d) Season. October 1 through April 30 each year.
(e) Restrictions.
(1) Except for the transit provisions provided for in paragraph (f) of this section, a vessel issued a valid
Category F permit may only fish for, possess, and land monkfish in or from the Offshore Fishery
Program Area while on a monkfish DAS.
(2) A vessel enrolled in the Offshore Fishery Program is restricted to fishing under its monkfish DAS
during the season in paragraph (d) of this section.
(3) A vessel issued a limited access monkfish Category F permit fishing on a monkfish DAS is subject to
the minimum mesh size requirements specified in § 648.91(c)(1)(i), (iii) and (iv), as well as the other
gear requirements specified in § 648.91(c)(2) and (3).
(4) A vessel issued a Category F permit must have installed on board an operational VMS unit that
meets the minimum performance criteria specified in §§ 648.9 and 648.10 during the entire season
established under paragraph (d) of this section. Unless otherwise required to maintain an
operational VMS unit under the VMS notification requirements specified at § 648.10(b), a vessel
issued a Category F permit may turn off its VMS unit outside of that season.
(f) Transiting. A vessel issued a limited access monkfish Category F permit fishing under a monkfish DAS
that is transiting to or from the Offshore Fishery Program Area, described in paragraph (c) of this section,
shall have all gear stowed and not available for immediate use as defined in § 648.2.
(g) Monkfish landing limits and DAS allocations.

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50 CFR 648.95(g)(1)

(1) A vessel issued a limited access monkfish Category F permit may land up to 1,600 lb (726 kg) tail
weight or 4,656 lb (2,112 kg) whole weight of monkfish per monkfish DAS (or any prorated
combination of tail weight and whole weight based on the conversion factor for tail weight to whole
weight of 2.91).
(2) The monkfish DAS allocation for vessels issued a Category F permit shall be equal to the trip limit
applicable to the vessel's monkfish limited access permit category divided by the fixed daily
possession limit specified in paragraph (g)(1) of this section, and then multiplied by the DAS
allocation for limited access monkfish vessels not issued Category F permits, specified under §
648.92(b)(1). For example, if a vessel has a limited access monkfish Category C permit, and the
applicable trip limit is 800 lb (363 kg) for this category, and the vessel has an annual allocation of 40
monkfish DAS, then the monkfish DAS allocated to that vessel when issued a Category F permit
would be 20 monkfish DAS (800 lb divided by 1,600 lb, multiplied by 40 monkfish DAS equals 20
DAS). Any carryover monkfish DAS will be included in the calculation of monkfish DAS for Category F
vessels.
(3) A vessel issued a limited access monkfish Category F permit that is fishing under a NE multispecies
DAS in the NFMA is subject to the incidental landing limit specified at § 648.94(b)(3).
(4) When not fishing on a monkfish DAS, a vessel issued a limited access monkfish Category F permit
may fish under the regulations applicable to the monkfish incidental catch (Category E) permit,
specified at § 648.94(c).
(h) DAS usage by NE multispecies or sea scallop limited access permit holders. A vessel issued a Category F
permit that also has been issued either a NE multispecies or sea scallop limited access permit, and is
fishing on a monkfish DAS, is subject to the DAS usage requirements specified in § 648.92(b)(2).
[70 FR 21945, Apr. 28, 2005, as amended at 72 FR 20960, Apr. 27, 2007; 72 FR 53942, Sept. 21, 2007; 74 FR 20557, May 4, 2009; 79
FR 41925, July 18, 2014; 79 FR 52580, Sept. 4, 2014; 88 FR 54499, Aug. 11, 2023]

§ 648.96 FMP review, specification, and framework adjustment process.
(a) Annual review and adjustment process. The NEFMC and MAFMC, the Monkfish Plan Development Team
(PDT), and the Monkfish Advisory Panel shall monitor the status of the monkfish fishery and resource.
(1) Monkfish annual SAFE Report. The PDT shall prepare an annual Stock Assessment and Fishery
Evaluation (SAFE) Report for the monkfish fishery. The SAFE Report shall be the primary vehicle for
the presentation of updated biological and socio-economic information regarding the monkfish
fishery. The SAFE report shall provide source data for any adjustments to the management
measures that may be needed for the Councils to meet the goals and objectives of the FMP.
(2) Annual review. The PDT shall meet at least annually to conduct a review of the monkfish fishery in
relation to the goals and objectives specified in the Monkfish FMP, including a review of catch
relative to the annual catch targets (ACTs) for each management area. They shall review available
data pertaining to discards and landings; DAS and other measures of fishing effort; stock status and
fishing mortality rate information, if available; enforcement of and compliance with management
measures; and any other relevant information. Based on this review, the PDT shall provide guidance
to the NEFMC and MAFMC regarding the need to adjust management measures to better achieve
the FMP's goals and objectives. After considering the PDT's guidance, the Council may submit to
NMFS its recommendations for changes to management measures, as appropriate, through the

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50 CFR 648.96(a)(3)

annual framework adjustment process specified in paragraph (a)(3) of this section, the in-season
framework adjustment process specified in paragraph (b) of this section, or through an amendment
to the FMP.
(3) Annual framework adjustment procedures.
(i)

If necessary based on the annual review, the Councils may develop adjustments to
management measures to achieve the annual catch target (ACT) for the upcoming fishing year,
and may develop other management options to better achieve the goals and objectives of the
Monkfish FMP, which may include a preferred option. The Councils must demonstrate through
analysis and documentation that any options they develop are expected to meet the goals and
objectives of the Monkfish FMP. Additionally, if necessary based on the recommendation of the
NEFMC's Scientific and Statistical Committee (SSC), the Councils may recommend measures
to revise the ABCs and ACLs for the upcoming fishing year(s) as described in paragraph (c) of
this section.

(ii) The range of options developed by the Councils may include any of the management measures
in the Monkfish FMP, including, but not limited to: ACTs; closed seasons or closed areas;
minimum size limits; mesh size limits; net limits; liver-to-monkfish landings ratios; annual
monkfish DAS allocations and monitoring; trip or possession limits; blocks of time out of the
fishery; gear restrictions; transferability of permits and permit rights or administration of vessel
upgrades, vessel replacement, or permit assignment; measures to minimize the impact of the
monkfish fishery on protected species; gear requirements or restrictions that minimize bycatch
or bycatch mortality; transferable DAS programs; changes to the SBRM, including the CV-based
performance standard, the means by which discard data are collected/obtained, fishery
stratification, the process for prioritizing observer sea-day allocations, reports, and/or industryfunded observers or observer set aside programs; changes to the Monkfish Research Set-Aside
Program; and other frameworkable measures included in §§ 648.55 and 648.90.
(iii) The Councils shall review the options analyzed by the PDT and other relevant information,
consider public comment, and submit a recommendation to the Regional Administrator that
meets the Monkfish FMP's objectives, consistent with other applicable law. The Councils'
recommendation to the Regional Administrator shall include supporting documents, as
appropriate, concerning the environmental and economic impacts of the proposed action and
the other options considered by the Councils. Management adjustments made to the Monkfish
FMP require majority approval of each Council for submission to the Secretary.
(A) The Councils may delegate authority to the Joint Monkfish Oversight Committee to
conduct an initial review of the options analyzed by the PDT and any other relevant
information, consider public comment, and make a recommendation to the Councils.
(B) If the Councils submit a recommendation that is consistent with other applicable law but
does not meet the Monkfish FMP's goals and objectives, the Regional Administrator may
adopt any option developed by the Councils and analyzed by the PDT that has not been
rejected by either Council, provided such option meets the Monkfish FMP's goals and
objectives, and is consistent with other applicable law. If either the NEFMC or MAFMC has
rejected all options, then the Regional Administrator may select any measure that has not
been rejected by both Councils and that meets the Monkfish FMP's goals and objectives.

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50 CFR 648.96(a)(3)(iv)

(iv) If the Councils submit, on or before December 1, a recommendation to the Regional
Administrator after one meeting with each Council, and the Regional Administrator concurs
with the recommendation, the recommendation shall be published in the FEDERAL REGISTER as a
proposed rule, or as otherwise authorized under the Administrative Procedure Act. The
Councils may instead submit their recommendation on or before February 1, if they choose to
follow the framework process outlined in paragraph (b) of this section and request that the
Regional Administrator publish the recommendation as a final rule. If the Regional
Administrator concurs with the Councils' recommendation the recommended management
measures may be published as a proposed rule or a final rule, in accordance with the
Administrative Procedure Act. If the effective date of a final rule to implement the
recommended measures falls after the start of the fishing year, fishing may continue under the
existing regulations, but any DAS used by a vessel on or after the start of a fishing year shall be
counted against any DAS allocation the vessel ultimately receives for that fishing year.
(v) Following publication of a proposed rule and after receiving public comment, if the Regional
Administrator concurs in the Councils' recommendation, a final rule, if possible, shall be
published in the FEDERAL REGISTER prior to the start of the next fishing year. If the Councils fail to
submit a recommendation to the Regional Administrator by February 1 that meets the goals
and objectives of the Monkfish FMP, the Regional Administrator may implement through
rulemaking in accordance with the Administrative Procedure Act one of the options reviewed
and not rejected by either Council, provided the option meets the goals and objectives of the
Monkfish FMP, and is consistent with other applicable law.
(b) Within-season management action. At any time, the Councils or the Joint Monkfish Oversight Committee
(subject to the approval of the Councils' Chairmen) may initiate action to add or adjust management
measures if it is determined that action is necessary to meet or be consistent with the goals and
objectives of the Monkfish FMP.
(1) In-season Framework adjustment procedures.
(i)

Framework adjustments shall require at least one initial meeting of the Joint Monkfish
Oversight Committee or one of the Councils (the agenda must include notification of the
framework adjustment proposal) and at least two final Council meetings, one at each Council.
The Councils shall provide the public with advance notice of the availability of both the
proposals and the analysis, and opportunity to comment on them prior to the first of the two
final Council meetings. Framework adjustments and amendments to the Monkfish FMP require
majority approval of each Council for submission to the Secretary.

(ii) Recommended adjustments to management measures must come from the categories
specified under paragraph (a)(3)(i) of this section, including specification of ABC and ACLs, if
necessary.
(2) Councils' recommendation. After developing management actions and receiving public testimony, the
Councils shall make a recommendation to the Regional Administrator. The Councils'
recommendation must include supporting rationale and, if management measures are
recommended, an analysis of impacts and a recommendation to the Regional Administrator on
whether to issue the management measures as a final rule. If the Councils recommend that the
management measures should be issued as a final rule, the Councils must consider at least the
following four factors and provide support and analysis for each factor considered:

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50 CFR Part 648 Subpart F (up to date as of 2/18/2025)
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(i)

50 CFR 648.96(b)(2)(i)

Whether the availability of data on which the recommended management measures are based
allows for adequate time to publish a proposed rule, and whether regulations have to be in
place for an entire harvest/fishing season;

(ii) Whether there has been adequate notice and opportunity for participation by the public and
members of the affected industry in the development of the Councils' recommended
management measures;
(iii) Whether there is an immediate need to protect the resource or to impose management
measures to resolve gear conflicts; and
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(3) Adjustments for gear conflicts. The Councils may develop a recommendation on measures to
address gear conflict as defined under § 600.10 of this chapter, in accordance with the procedure
specified in § 648.55(g) and (h).
(4) Action by NMFS.
(i)

If the Regional Administrator approves the Councils' recommended management measures and
determines that the recommended management measures should be issued as a final rule
based on the factors specified in paragraph (c)(3)(i) of this section, the Secretary may, for good
cause found under the standard of the Administrative Procedure Act, waive the requirement for
a proposed rule and opportunity for public comment in the FEDERAL REGISTER. The Secretary, in
so doing, shall publish only the final rule. Submission of the recommendations does not
preclude the Secretary from deciding to provide additional opportunity for prior notice and
comment in the FEDERAL REGISTER.

(ii) If the Regional Administrator concurs with the Councils' recommendation and determines that
the recommended management measures should be published first as a proposed rule, then
the measures shall be published as a proposed rule in the FEDERAL REGISTER. After additional
public comment, if NMFS concurs with the Councils' recommendation, then the measures shall
be issued as a final rule in the FEDERAL REGISTER.
(iii) If the Regional Administrator does not concur, then the Councils shall be notified in writing of
the reasons for the non-concurrence.
(c) Process for setting ABCs and ACLs.
(1) The Councils or the PDT may develop options for setting ABC, ACL, and OFL for each monkfish
stock, as necessary, as part of the annual review and adjustment process specified in paragraph (a)
of this section, or as otherwise deemed necessary following the in-season adjustment process
specified in paragraph (b) of this section. These options shall be submitted to the SSC for
consideration. The Councils or the PDT may recommend to the SSC that ABC, ACL, and OFL are
specified for each monkfish stock for multiple years as determined necessary to best align
management with the stock assessment process for this fishery.
(i)

ABC recommendation. The Councils or the PDT shall calculate ABC values for each monkfish
stock based on the ABC control rule established in the FMP. These calculations shall be
reviewed by the SSC, guided by terms of reference developed by the Councils. The SSC shall
either concur with these ABC calculations, or provide alternative recommendations for each
stock and describe the elements of scientific uncertainty used to develop its

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50 CFR 648.96(c)(1)(ii)

recommendations. If the SSC concurs with the ABC calculations, the revised ABC values are
automatically updated and no action by the Councils is necessary. If the SSC provides an
alternative recommendation for calculating the ABC than that currently specified in the FMP, the
Councils would need to need to take action through the annual or in-season framework
adjustment process specified in paragraphs (a) and (b) of this section, respectively, to
implement the SSC's recommendation. The SSC may also consider other related issues
specified in the terms of reference developed by the Councils, including, but not limited to,
OFLs, ACLs, and management uncertainty.
(ii) ACL recommendations. The Councils shall establish ACLs for each management area that are
equivalent to the ABCs calculated using the control rule established in the FMP, and reviewed
and recommended by the SSC.
(iii) Timing. If determined necessary under the annual review process, the Councils shall develop
and approve any recommendations for ABCs and ACLs prior to December 31, to the extent
possible. Once the Councils have approved the recommended ABCs and ACLs, only if they
require adjustments to the ACTs described in paragraph (d) shall they be submitted to NMFS as
part of an annual framework adjustment or in-season framework adjustment, as described in
paragraphs (a) and (b) of this section, along with any necessary analysis required by applicable
law. After receipt of the Councils' recommendation for ACLs, NMFS shall review the Councils'
decision and, if consistent with applicable law, implement the ACLs in accordance with the
Administrative Procedure Act.
(d) Accountability Measures (AMs) —
(1) Specification of ACTs. Through the annual review process described in paragraph (a) of this section,
or as otherwise determined necessary, the Councils shall specify ACTs for each management area
that are set sufficiently below the ACL to account for management uncertainty and prevent the ACL
from being exceeded. The ACTs established for each management area shall be the basis for setting
management measures (DAS and trip limits), after accounting for incidental catch in non-directed
fisheries and discards in all fisheries.
(2) ACL overages and adjustments —
(i)

Council action. The Councils shall revise the ACT for a monkfish stock if it is determined that
the ACL was exceeded in any given year, based upon, but not limited to, available landings and
discard information. The amount of an ACL overage shall be deducted from the ACT for the
corresponding monkfish stock on a pound-for-pound basis. The revised ACT and corresponding
management measures (DAS and trip limits) shall be implemented through either the annual or
in-season framework adjustment process, specified in paragraphs (a) and (b) of this section, in
the second fishing year following the fishing year in which the ACL overage occurred.

(ii) NMFS action. If the Councils fail to take appropriate action to correct an ACL overage
consistent with paragraph (d)(1)(i) of this section, the Regional Administrator shall implement
the required adjustment, as described in paragraph (d)(2)(i) of this section, including the
specification of DAS and trip limits using a formulaic approach developed by the PDT, in
accordance with the Administrative Procedure Act and other applicable law. Notification of the
proposed ACL revision and DAS and/or trip limit adjustments shall be published in the FEDERAL
REGISTER no later than January 1, if possible, for implementation on May 1 of the second fishing
year following the fishing year in which the ACL overage occurred.

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50 CFR 648.96(e)

(e) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(c) of the Magnuson-Stevens Act.
[76 FR 30274, May 25, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, 2015]

§ 648.97 Closed areas.
(a) Oceanographer Canyon Closed Area. No fishing vessel or person on a fishing vessel may enter, fish, or be
in the area known as Oceanographer Canyon Closed Area (copies of a chart depicting this area are
available from the Regional Administrator upon request), as defined by straight lines connecting the
following points in the order stated, while on a monkfish DAS:

OCEANOGRAPHER CANYON CLOSED AREA
Point

N. Lat.

W. Long.

(1) OC1

40°10′

68°12′

(2) OC2

40°24′

68°09′

(3) OC3

40°24′

68°08′

(4) OC4

40°10′

67°59′

(5) OC1

40°10′

68°12′

(b) Lydonia Canyon Closed Area. No fishing vessel or person on a fishing vessel may enter, fish, or be in the
area known as Lydonia Canyon Closed Area (copies of a chart depicting this area are available from the
Regional Administrator upon request), as defined by straight lines connecting the following points in the
order stated, while on a monkfish DAS:

LYNDONIA CANYON CLOSED AREA
Point

N. Lat.

W. Long.

(1) LC1

40°16′

67°34′

(2) LC2

40°16′

67°42′

(3) LC3

40°20′

67°43′

(4) LC4

40°27′

67°40′

(5) LC5

40° 27′

67°38′

(6) LC1

40°16′

67°34′

[70 FR 21946, Apr. 28, 2005]

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